§ 152.17 ONE AND TWO-FAMILY RESIDENCE AND SINGLE-FAMILY ATTACHED DISTRICT.
   (A)   Purpose. The R-1 Residence District is intended for low-density residential development which
will provide space and lot standards that effectively relate to the Comprehensive Plan and policies, and which ensure that adequate municipal facilities will be available at reasonable cost.
   (B)   Permitted principal uses.
      (1)   The following uses shall be permitted in the R-1 Residence District:
         (a)   Boarding or lodging houses or tourist homes limited to 2 accessory units offering accommodations for boarding or lodging purposes;
         (b)   Churches, parish houses, convents or children's nurseries, provided that no building shall be located within 50 feet of any abutting residential lot;
            1.   Hours of operation. Hours of operation for services shall be limited to between 7:00 a.m. and 10:00 p.m., except for special seasonal religious activities commonly held by that religious group, which may be held at their traditional times.
            2.   Architectural control. The building plan, including the site plan for the church shall be certified by an architect registered in the State of Minnesota, stating that he or she has personally viewed the site and has designed the building to fit the site as planned and to be harmonious with the neighboring buildings, topography and natural surroundings and in accordance with the purposes and objectives of the Zoning Code. To ensure the church / religious institution reflects the scale and character of the adjacent residential properties, the building materials of the church / religious institution shall be predominantly quality exterior materials, including brick, masonry, stone, stucco, textured concrete masonry units, steel siding, or vinyl. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Stamped concrete panels will only be considered if they are finished with patterns and colors such that they appear to be brick or masonry.
            3.   Site plan. At the time of an application, the applicant shall file three copies of a site plan for the church site in accordance with the following provisions: a plot plan which shall adequately illustrate existing and proposed parking area and spaces; garage locations; driveways; loading area; landscaping and screening including location, spacing, species and size of trees and shrubs, existing buildings, proposed buildings, dimensions of lot, parking areas, setbacks and distances between major elements of the use; existing topography and proposed final contours.
            4.   Bell towers, steeples, spires and similar structures. Bell towers, steeples, spires and similar structures must meet the following standards:
               a.    Height. The height of bell towers, steeples, spires and similar structures must not exceed 75 feet.
               b.   Location. Bell towers, steeples, spires and similar structures must be located at least 25 feet from a side or rear property line and at least 25 feet from a front property line or property line abutting a public street.
            5.   Screening. Where a church is adjacent to a dwelling residential zone, the church shall provide screening along the boundary adjacent to the residential use. Such screening shall consist of a solid fence or wall or equivalent as approved by the City Council when recommended by the Planning Commission no more than 6 feet in height, but shall not extend within 15 feet of any street or driveway. Such screening will not be required along the street.
         (c)   Grain or vegetable farming or gardening on unplatted land assessed as agricultural, but not involving a sales structure;
         (d)   Home occupations as defined in § 152.02, and offices of professional persons where the use does not exceed 1/3 of the main floor space of a dwelling, is only in the principal dwelling and does not employ any persons not residing on the premises;
         (e)   Industrial manufactured homes subject to all provisions of this section;
         (f)   Individual mobile home stands subject to all the provisions of this section;
         (g)   Licensed daycare facility serving 12 or fewer persons;
         (h)   One and Two-family dwellings (such as duplexes, double bungalows);
         (i)   Parks and recreational areas owned or operated by government agencies;
         (j)   Public elementary or high schools, or private schools with an equivalent curriculum provided that no building shall be located within 50 feet of any abutting residential lot;
         (k)   Public golf course, public tennis court (excluding clubhouse); and
         (l)   Single-family detached dwellings.
      (2)   All manufactured home units shall be served by public sewer, water and utility systems. Manufactured homes shall be placed on continuous, weight-bearing frost footings that extend completely around the perimeter of the structure.
      (3)   Single-family attached dwellings shall be permitted when all of the following conditions are met:
         (a)   The minimum distance between each side yard line and the structure must be 10 feet;
         (b)   Total lot area must be at least 7,500 square feet, with a minimum width of 75 feet and a minimum depth of 100 feet. All other appropriate R-1 District zoning requirements apply; and
         (c)   The applicant records a covenant and deed restriction on all properties, which will abut the common lot line (0-lot line). The covenants and deed restrictions shall provide the following:
            1.   Access to the abutting property for the adjacent property owner and/or the owner's representative for construction, reconstruction, repair or maintenance of either side of the total property;
            2.   Easements for necessary encroachments for footings, eaves and provide for mutual perpetual easements in the event of an encroachment by the party wall;
            3.   Restrictions to limit changes of color, material and design of the dwelling, as to be compatible with the attached unit; and
            4.   Two off-street parking spaces which may be in tandem.
   (C)   Permitted accessory uses. The following shall be permitted accessory uses in the R-1 Residential District:
      (1)   Buildings and land uses customarily incidental to the uses permitted by divisions (B) and (D) of this section. Any accessory use shall be located on the same lot as the principal use;
      (2)   Maintaining dogs, cats or other household pets, subject to licensing requirements, health regulations and other applicable city code provisions;
      (3)   Off-street parking and loading-unloading facilities as regulated by § 152.41(L);
      (4)   Parking 1 commercial motor vehicle of not more than 26 feet in length used by the resident occupant, and parking of passenger cars, but not including the storage of vehicles which are inoperable or for sale or rent;
      (5)   Private garages, carports, boathouses and stables, 1 of each designation subject to yard and setback requirements of this chapter;
      (6)   Private swimming pools when completely enclosed within a chain link or similar fence 5 feet or more in length; and
      (7)   Signs as regulated by § 152.41(K).
   (D)   Conditional uses. The following uses may be permitted subject to the issuance of a conditional use permit as provided in § 152.43:
      (1)   Boarding or lodging houses and tourist homes offering accommodations for from 3 to 8 persons;
      (2)   Cemetery;
      (3)   Golf clubhouse, country club, public swimming pool, private swimming pool serving more than 1 family, provided that no principal structure or use shall be located within 50 feet of any lot in a residential district;
      (4)   Licensed daycare facilities serving 13 or more persons;
      (5)   Mobile home park developments subject to the special conditions and requirements as set forth in § 152.41(M);
      (6)   Municipal administration buildings, police and fire stations, museums, art galleries, libraries, post offices and other municipal service buildings, except those customarily considered industrial in use, providing that no buildings shall be located within 50 feet of any lot in a residential district;
      (7)   Retail shops, services and offices serving neighborhood needs of an essential or convenience nature. Determination shall be the responsibility of the Council when the application for the conditional use permit is reviewed; and
      (8)   Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures.
      (9)   Funeral home: development/use standards.
         (a)   Hours of operation for a funeral home shall be limited to between 8:00 a.m. and 10:00 p.m.
         (b)   To ensure the funeral home reflects the scale and character of the adjacent residential properties, the building materials of the funeral home shall be predominantly quality exterior materials, including brick, masonry, stone, stucco, textured concrete masonry units, steel siding, or vinyl. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Stamped concrete panels will only be considered if they are finished with patterns and colors such that they appear to be brick or masonry.
         (c)   All site areas not accommodating buildings, parking, vehicular and pedestrian circulation, shall be landscaped with trees and/or plant materials to maintain privacy between the funeral home and residences.
         (d)   Any loading areas or parking spaces located within 10 feet of a residential property line must be screened by vegetation consisting of trees and/or plant materials to reduce visual clutter.
         (e)   All mechanical structures shall be screened from public rights-of-way as well as abutting residential properties.
         (f)   The petitioner must submit a landscaping plan for review.
   (E)   Design criteria. All dwellings in the R-1 District shall meet the following design criteria:
      (1)   A permanent frost footing shall form a complete enclosure under exterior walls;
      (2)   The minimum width of the structures shall be 20 feet measured from the face of the exterior walls on the narrowest side; and
      (3)   All mobile homes installed after September 8, 1970, shall be anchored by means of adequate tiedowns to prevent uplift, sliding, rotation and overturning. Anchoring systems shall be able to withstand a lateral force of 15 pounds per square foot and an uplift of 9 pounds per square foot;
   (F)   Height, yard setbacks and lot area and coverage requirements. The height, yard setbacks and lot area and coverage requirements shall be as set forth in § 152.40.
(1987 Code, § 702.03) (Am. Ord. 418, passed 9-12-1996 ; Am. Ord. 520, passed 10-14-2008; Am. Ord. 529, passed 10-13-2009)