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Shorewood, MN Code of Ordinances
CITY OF SHOREWOOD, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE 100 ADMINISTRATION
TITLE 200 BOARDS AND COMMISSIONS
TITLE 300 BUSINESS REGULATIONS
TITLE 400 LIQUOR REGULATIONS
TITLE 500 PUBLIC HEALTH
TITLE 600 PUBLIC SAFETY
TITLE 700 ANIMAL REGULATIONS
TITLE 800 [RESERVED]
TITLE 900 PUBLIC RIGHT-OF-WAY AND PROPERTY
TITLE 1000 BUILDING REGULATIONS
TITLE 1100 FLOOD PLAIN AND WETLAND DEVELOPMENTS
TITLE 1200 ZONING AND SUBDIVISION REGULATIONS
TITLE 1300 MUNICIPAL FEES
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1201.05 ADMINISTRATION, VARIANCES AND APPEALS.
Subd. 1.   Purpose. The purpose of this section is to provide for:
      a.   Administrative appeal. An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this chapter.
      b.   Variance. A variance process to allow deviations from the strict provisions of this chapter including those placed on nonconformities. The variance process is neither appropriate nor applicable to allow a use on a property that is not permitted in the zoning district.
Subd. 2.   Administrative appeal. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter and shall be submitted to the Zoning Administrator as indicated below.
      a.   Filing. The request for an appeal shall be submitted in writing and:
         (1)   Be submitted by the property owner or their agent and include contact information for both parties.
         (2)   State the specific grounds upon which the appeal is made.
         (3)   Be filed within 14 days of the date the administrative decision was mailed or sent by electronic mail.
         (4)   Include the fee as required by § 1301.02.
      b.   Notice to appellant. The Zoning Administrator shall notify the appellant of the date and time of the Planning Commission and City Council meetings where the request will be heard.
      c.   Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed, unless a stay would cause imminent peril to life and property.
      d.   Planning Commission action. The Planning Commission shall review the appeal at a public meeting, at which time the appellant or a representative thereof may appear to answer questions concerning the request.
         (1)   The Planning Commission shall consider possible adverse effects of the appeal.
         (2)   The Planning Commission shall make a finding of fact and may recommend any actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation of the Planning Commission shall be forwarded to the City Council at a regularly scheduled meeting.
      e.   City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact within the time allowed by Minnesota Statutes. Action on the request shall require passage by a simple majority vote of a quorum of the City Council.
      f.   Decision. The Zoning Administrator shall send the appellant a copy of the final order of the City Council by mail.
      g.    Appeal of Council action. Any person(s) aggrieved by any decision of the board shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462, as such statutes may be from time to time amended, supplemented or replaced.
Subd. 3.   Variances.
      a.   Criteria. In considering all requests for a variance and in taking subsequent action, the city staff, the Planning Commission and the City Council, serving as the Board of Adjustments and Appeals, may approve a variance application upon finding that all of the following criteria, as applicable, are met.
         (1)   The variance, and its resulting construction and use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes and intent of this chapter.
         (2)   The applicant has established that there are practical difficulties in complying with this chapter. Practical difficulties mean:
            (a)   The property owner proposes to use the property in a reasonable manner not permitted by this chapter;
            (b)   The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
            (c)   The variance, if approved, would not alter the essential character of the locality.
         (3)   The variance would not be based exclusively on economic considerations.
         (4)   The variance shall not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public street, or increase the danger of fire or endanger the public safety.
         (5)   The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood.
         (6)   The variance is the minimum variance necessary to address or alleviate the practical difficulties.
      b.   Procedure.
         (1)   Pursuant to M.S. § 15.99, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. Pursuant to M.S. § 15.99, the city staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period.
         (2)   Application. Requests for variances, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council resolution. The application shall also be accompanied by three copies of a survey signed by a land surveyor licensed in the State of Minnesota, and detailed written and graphic materials fully explaining the proposed change, development or use.
         (3)   Staff review/technical assistance reports. Upon receipt of an application for variance, the Zoning Administrator, or designee, may request additional information or may obtain outside expert advice at the consent and expense of the applicant. When all informational requirements have been complied with, the request shall be considered officially submitted. The Zoning Administrator, or designee, shall prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council.
         (4)   Public meeting. Upon official submission of the request, the Zoning Administrator shall schedule a public meeting on the request for a regularly scheduled Planning Commission meeting occurring at least ten days from the date written notification of the public meeting is sent to all property owners within 500 feet of the boundary of the subject property. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter.
         (5)   Planning Commission action. The Planning Commission shall conduct the public meeting, at which time the applicant or a representative thereof may appear to answer questions concerning the proposed request. The Planning Commission shall also take public testimony.
            (a)   The Planning Commission shall consider possible adverse effects of the variance. In the case of a variance request, the Planning Commission's judgment shall be based upon (but not limited to) the conditions set forth in Subd. 3.a. of this section.
            (b)   The Planning Commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request with the consent and at the expense of the applicant.
            (c)   The Planning Commission shall make a finding of fact and recommend the actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the City Council.
         (6)   Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report or recommendation on the agenda of a regularly scheduled meeting of the City Council.
         (7)   City Council action. Upon receiving the request and any report or recommendation of the Planning Commission and the city staff, the City Council shall make a recorded finding of fact.
            (a)   Approval of a request shall require passage by a simple majority vote of a quorum of the City Council.
            (b)   The Council may impose any condition it considers necessary to protect the public health, safety and welfare, provided such conditions are directly related to and bear a rough proportionality to the impact of the variance.
            (c)   Whenever an application for a variance has been considered and denied by the City Council, a similar application for the variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made by not less than a simple majority vote of a quorum of the City Council.
         (8)   Lapse of variance. Whenever within one year after granting a variance, the use as permitted by the variance shall not have been completed or utilized, then the variance shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the petition. The request for extension shall state facts showing all efforts to complete or utilize the use permitted in the variance. The Zoning Administrator shall present the request to the City Council for a decision.
         (9)   Appeal. Any person aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462.
      c.    Performance agreement. In the case a variance is approved contingent upon certain conditions imposed by the Council, the council may require a performance agreement to be executed.
         (1)   The agreement shall be drafted by staff and executed by the applicant and the City Council. The agreement shall include:
            (a)   The terms of work and penalties for non-compliance in a form agreeable to the City Attorney; and
            (b)   Authorize acceptance of a financial guarantee to ensure the applicant completes the project per plan.
         (2)   The applicant shall provide the city with a letter of credit or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall automatically renew with a minimum of two months' notice prior to cancellation and shall be used to guarantee conformance and compliance with the conditions of the variance and the ordinances of the city.
         (3)   The financial guarantee shall be in the amount of one and one-half times the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements or development.
         (4)   The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and ordinances of the city has been issued by the City Building Official.
         (5)   Failure to comply with the conditions of the variance and the ordinances of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or deficiencies.
(1987 Code, § 1201.05) (Am. Ord. 383, passed 3-25-2002; Am. Ord. 485, passed 11-14-2011; Am. Ord. 547, passed --2017; Am. Ord. 550, passed - -2018; Am. Ord. 575, passed 12-14-2020)
1201.06 ADMINISTRATION, PLANNED UNIT DEVELOPMENT.
Subd. 1.   Purpose. This section is intended to allow flexibility within zoning districts while maintaining land use compatibility with surrounding neighborhoods.
Subd. 2.   Application. Within the zoning districts contained in §§ 1201.10 through 1201.23, planned unit development is allowed by conditional use permit. Land use and densities are limited to land uses and densities specified in each of the individual districts.
Subd. 3.   Special procedures. The establishment of a PUD by conditional use permit shall be subject to the procedures and requirements for conditional use permits as set forth in § 1201.04 of this chapter and the standards and criteria set forth in § 1201.25 of this chapter. Each of the three stages of the review process shall require a separate application.
(1987 Code, § 1201.06) (Ord. 208, passed 4-11-1988)
1201.07 ADMINISTRATION, CERTIFICATE OF OCCUPANCY AND ZONING PERMITS.
Subd. 1.   Certificate of occupancy.
      a.   No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Official starting that the building or structure complies with all of the provisions within this chapter.
      b.   The certificate shall be applied for coincidentally with the application for a building permit, conditional use permit and/or variance and shall be issued within ten days after the Building Official shall have found the building or structure satisfactory and given final inspection. The application shall be accompanied by a fee as established by City Council ordinance.
Subd. 2.    Zoning permits. A zoning permit shall be required for activities that do not require building permits but for which it is necessary to determine compliance with zoning requirements such as setbacks, impervious surface coverage, structure height, and the like. Pursuant to M.S. § 15.99, an application for a zoning permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. Pursuant to M.S. § 15.99, the city staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. The permit shall expire within six months if the applicant has not completed the project. Items requiring a zoning permit include the following:
      a.   Accessory buildings that do not require building permits.
      b.   Driveways.
      c.   Sport and tennis courts.
      d.   Retaining walls higher than three feet (no separate permit required when a building permit is required for grading).
      e.   Above-ground fireplaces and cooking facilities, but not including portable appliances.
      f.   Residential decks that do not require building permits, as well as patios, terraces, sidewalks, steps, stoops, and other similar at-grade improvements.
      g.   Playground equipment or systems occupying more than 64 square feet of ground area or exceeding six feet in height.
      h.   Fences as regulated by § 1201.03 Subd. 2.f.
      i.   Temporary signs.
      j.   Portable storage facilities not associated with a valid building permit and located on property for more than 30 days in a 12-month period.
      k.   Ground-mounted solar energy systems not requiring a building permit, consistent with § 1201.03 Subd. 23.
(1987 Code, § 1201.07; Am. Ord. 501, passed 3-25-2013; Am. Ord. 575, passed 12-14-2020)
1201.08 ENFORCEMENT AND PENALTIES.
Subd. 1.   Enforcement. This chapter shall be administered and enforced by the Zoning Administrator who is appointed by the City Council. The Zoning Administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance.
Subd. 2.   Penalty. Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law. Each day that a violation is permitted to exist shall constitute a separate offense.
Subd. 3.   Effective date. This chapter shall be in full force and effect from and after its passage and publication according to law.
(1987 Code, § 1201.08)
1201.09 ESTABLISHMENT OF ZONING CLASSIFICATIONS.
Subd. 1.   Establishment of Districts. The following districts are established within the city.
      a.   Residential Districts.
         (1)   R-1A, Single-Family Residential.
         (2)   R-1B, Single-Family Residential.
         (3)   R-1C, Single-Family Residential.
         (4)   R-1D, Single-Family Residential.
         (5)   R-2A, Single and Two-Family Residential.
         (6)   R-2B, Single and Two-Family Residential.
         (7)   R-2C, Single and Two-Family Residential.
         (8)   R-3A, Multiple-Family Residential.
         (9)   R-3B, Multiple-Family Residential.
         (10)   R-C, Residential/Commercial.
      b.   Commercial Districts.
         (1)   C-1 General Commercial.
         (2)   C-2, Service Commercial.
      c.   Special Districts.
         (1)   L-R, Lakeshore Recreational.
         (2)   PUD, Planned Unit Development.
         (3)   S, Shoreland.
Subd. 2.   Map. The location and boundaries of the districts established by this chapter are set forth on the Zoning Map entitled “Zoning Map of Shorewood.” The map shall remain on file with the Zoning Administrator and shall be hereinafter referred to as the “Zoning Map,” which map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this chapter by reference.
Subd. 3.   Zoning district boundaries. Zoning district boundary lines of this chapter follow lot lines, railroad right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this chapter.
      a.   If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the Zoning Map. Where a district boundary line divides a lot of record which was in single ownership at the time of enactment of this chapter and places portions of the lot in two or more use districts, any portion of the lot within 50 feet on either side of a dividing district boundary line may be used for any use of either use district; provided, however, if any portion of the lot shall extend beyond the 50 feet limitation, the district line as shown shall prevail.
      b.   Appeals concerning the exact location of a zoning district boundary line shall be heard by the City Council serving as the Board of Adjustments and Appeals.
      c.   When any street, alley or other public right-of-way is vacated by official action of the city, the zoning district abutting the center line of the alley or other public right-of-way shall not be affected by the proceedings.
(1987 Code, § 1201.09) (Ord. 367, passed 9-11-2000; Ord. 368, passed 11-27-2000; Ord. 388, passed 7-8-2002; Ord. 415, passed 4-25-2005; Ord. 423, passed 7-24-2006; Ord. 424, passed 7-24-2006; Ord. 425, passed 7-24-2006; Ord. 426, passed 7-24-2006)
1201.10 R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 1.   Purpose. The R-1A District is intended to provide a district which will allow suitable areas of the city to be retained and utilized for low density residential, open space and/or agricultural uses.
Subd. 2.   Permitted uses. The following are permitted uses in an R-1A District:
      a.   Public parks, public playgrounds public recreational areas, and public wildlife areas;
      b.   Single-family detached dwellings;
      c.   Essential services not exceeding 40 feet in height;
      d.   Single-family detached dwellings used as residential facilities, as defined by § 1201.02, licensed by the state and serving six or fewer persons;
      e.   Single-family detached dwellings used as day care facilities, as defined by § 1201.02, licensed by the state and serving ten or fewer persons.
Subd. 3.   Permitted accessory uses. The following are permitted accessory uses in an R-1A District:
      a.   Operation and storage of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this District;
      b.   The boarding or renting of rooms to not more than two persons;
      c.   Living quarters of persons employed on the premises, only when the quarters are part of the principal dwelling;
      d.   Home occupations as regulated by § 1201.03, subdivision 12 of this chapter;
      e.   Storage or parking of recreational vehicles and equipment within the buildable area of the lot;
      f.   Noncommercial greenhouses and conservatories;
      g.   Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      h.   Tool houses, sheds and similar buildings for storage of domestic supplies and recreational equipment;
      i.   Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by § 1201.03, Subd. 5 (off-street parking) of this chapter. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on. The space can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers or equipment if sufficient off- street parking in full compliance with this chapter is provided elsewhere on the property. The garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit;
      j.   Signs, as regulated by § 1201.03, Subd. 11. of this chapter;
      k.   Individual boat dock and customary beach accessories subject to § 1201.03, Subd. 14. of this chapter.
Subd. 4.   Conditional uses. The following are conditional uses allowed in an R-1A District (requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04 .)
      a.   Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:
         (1)   When abutting a residential use in any residential use district, the property is screened and landscaped in compliance with § 1201.03, Subd. 2.g. of this chapter;
         (2)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
      b.   Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, middle and senior high schools; and religious institutions, provided that:
         (1)   Side yards shall be double that required for the district, but no greater than 30 feet;
         (2)   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
         (3)   Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03, Subd. 5. and that the parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1201.03, Subd. 2.g.;
         (4)   Adequate off-street loading and service entrances are provided and regulated where applicable by § 1201.03, Subd. 6.;
         (5)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met.
      c.   Commercial outdoor recreational areas, including golf courses and country clubs, swimming pools and similar facilities, provided that:
         (1)   The principal use, function or activity is open, outdoor in character;
         (2)   Not more than 5% of the land area of the site shall be covered by buildings or structures;
         (3)   When abutting a residential use and a residential use district, the property is screened and landscaped in compliance with § 1201.03, Subd. 2.g.;
         (4)   The land area of the property containing the use or activity meets the minimum established for the district;
         (5)   The provisions of § 1201.04, Subd. 1.d.(1) of this chapter are considered and satisfactorily met.
      d.   Farm or truck gardens, provided that:
         (1)   Any sale of agricultural products is limited to the products as are raised on the premises only;
         (2)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met.
      e.   Farming and agricultural related buildings are structures subject to Minnesota Pollution Control Standards, but not including commercial feed lots or other commercial operations.
      f.   Cemeteries, provided that:
         (1)   The site accesses on at least a minor arterial;
         (2)   The site is totally screened from view in accordance with § 1201.03, Subd. 2.g.;
         (3)   The provisions of § 1201.04, subdivision 1d(1) are considered and satisfactorily met.
      g.   Residential planned unit development as regulated by § 1201.06 of this chapter, provided that:
         (1)   Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section;
         (2)   The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25.
Subd. 5.   Lot requirements and setbacks. The following minimum requirements shall be observed in an R-1A District subject to additional requirements, exceptions and modifications set forth in this chapter.
      a.   Lot area: Not less than 40,000 square feet;
      b.   Lot width: Not less than 120 feet;
      c.   Lot depth: Not less than 150 feet;
      d.   Setbacks:
         (1)   Front yard: Not less than 50 feet;
         (2)   Rear yard: Not less than 50 feet;
         (3)   Side yard: Not less than 10 feet on each side nor less than 50 feet on a side yard abutting a street.
Subd. 6.   Building requirements. No structure shall exceed two and one-half stories, or 35 feet, whichever is least.
(1987 Code, § 1201.10) (Ord. 180, passed 5-19-1986; Ord. 208, passed 4-11-1988; Ord. 242, passed 8-26-1991; Am. Ord. 575, passed 12-14-2020)
1201.11 R-1B, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 1.   Purpose. The R-1B District is intended to provide a district which will retain a low density residential character yet enable greater flexibility in design and provide economy in public expenditures for public utilities and service.
Subd. 2.   Permitted uses. The following are permitted uses in an R-1B District:
      a.   Single-family detached dwellings;
      b.   Public parks and playgrounds;
      c.   Essential services;
      d.   Single-family detached dwellings used as residential facilities, as defined by § 1201.02 of this chapter, licensed by the state and serving six or fewer persons;
      e.   Single-family detached dwellings used as day care facilities, as defined by § 1201.02 of this chapter, licensed by the state and serving ten or fewer persons.
Subd. 3.   Permitted accessory uses. The following are permitted accessory uses in an R-1B District:
      a.   Operation and storage of the vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this District;
      b.   The boarding or renting of rooms to not more than one person. Living of persons employed on the premises, only when the quarters are part of the principal dwelling;
      c.   Home occupations as regulated by § 1201.03, subdivision 12 of this chapter;
      d.   Storage or parking of recreational vehicles and equipment within the buildable area of the lot;
      e.   Noncommercial greenhouses and conservatories;
      f.   Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests;
      g.   Tool houses, sheds and similar buildings for storage of domestic supplies and recreational equipment;
      h.   Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by § 1201.03, subdivision 5 (off-street parking) of this chapter. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises and in which no business service or industry is carried on. The space can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers or equipment if sufficient off- street parking in full compliance with this chapter is provided elsewhere on the property. The garage shall not be used for the storage of more than one commercial vehicle owned or operated by a resident per dwelling unit;
      i.   Signs, as regulated by § 201.03, subdivision 11;
      j.   Individual boat dock and customary beach accessories subject to § 1201.03, subdivision 14.
Subd. 4.   Conditional uses. The following are conditional uses allowed in an R-1B District (requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
      a.   Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community, provided that:
         (1)   When abutting a residential use in a residential use district, the property is screened and landscaped in compliance with § 1201.03, Subd. 2.g.;
         (2)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met;
      b.   Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, middle and senior high schools; and religious institutions, provided that:
         (1)   Required side yards shall be double that required for the district, but no greater than 30 feet;
         (2)   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 1201.03, Subd. 2.g.;
         (3)   Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 1201.03, Subd. 5. and that the parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 1201.03, Subd. 2.g.;
         (4)   Adequate off-street loading and service entrances are provided and regulated where applicable by § 1201.03, Subd. 6.;
         (5)   The provisions of § 1201.04, Subd. 1.d.(1) are considered and satisfactorily met.
      c.   Residential planned unit development as regulated by § 1201.06, provided that:
         (1)   Land uses allowed in a planned unit development are limited to those land uses listed as permitted uses, permitted accessory uses and conditional uses in this section;
         (2)   The proposed development complies with the development agreement as required for planned unit developments, pursuant to § 1201.25.
Subd. 5.   Lot requirements and setbacks. The following minimum requirements shall be observed in an R-1B District subject to additional requirements, exceptions and modifications set forth in this chapter:
      a.   Lot area: Not less than 30,000 square feet;
      b.   Lot width: Not less than 110 feet;
      c.   Lot depth: Not less than 135 feet;
      d.   Setbacks:
         (1)   Front yard: Not less than 40 feet;
         (2)   Rear yard: Not less than 40 feet;
         (3)   Side yard: Not less than 10 feet on each side nor less than 40 feet on a side yard abutting a street.
Subd. 6.   Building requirements. No structure shall exceed two and one-half stories, or 35 feet, whichever is least.
(1987 Code, § 1201.11) (Ord. 180, passed 5-19-1986; Ord. 208, passed 4-11-1988; Ord. 242, passed 8-26-1991; Am. Ord. 575, passed 12-14-2020)
1201.12 R-1C, SINGLE-FAMILY RESIDENTIAL DISTRICT.
Subd. 1.   Purpose. The R-1C District is intended to allow a greater concentration of single-family dwellings in areas served by municipal utilities and where appropriate reservations for open space have been established by means other than individual lot areas.
Subd. 2.   Permitted uses. The following are permitted uses in an R-1C District: all permitted uses allowed in the R-1B District.
Subd. 3.   Permitted accessory uses. The following are permitted accessory uses in an R-1C District: all permitted accessory uses allowed in the R-1B District.
Subd. 4.   Conditional uses. The following are conditional uses allowed in an R-1C District: all conditional uses, subject to the same conditions, as allowed in the R-1B District. (Requires a conditional use permit based upon procedures set forth in and regulated by § 1201.04.)
Subd. 5.   Lot requirements and setbacks. The following minimum requirements shall be observed in an R-1C District subject to additional requirements, exceptions and modifications set forth in this chapter:
      a.   Lot area: Not less than 20,000 square feet;
      b.   Lot width: Not less than 100 feet;
      c.   Lot depth: Not less than 120 feet;
      d.   Setbacks:
         (1)   Front yard: Not less than 35 feet;
         (2)   Rear yard: Not less than 40 feet;
         (3)   Side yard: Not less than 10 feet on each side nor less than 35 feet on a side yard abutting a street.
Subd. 6.   Building requirements. Height: no structure shall exceed two and one-half stories, or 35 feet, whichever is least.
(1987 Code, § 1201.12) (Ord. 180, passed 5-19-1986; Am. Ord. 242, passed 8-26-1991)
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