§ 155.072 GENERAL PROVISIONS.
   (A)   Uses. Table 5 designates the only uses permitted in the various residential districts except for § 155.072(F). To determine the districts where a use is permitted, find the use in the first column, the use is permitted in those districts directly above each mark in the line of the use. If a mark is a “P,” the use is permitted; if the mark is an “S,” the use is a conditional use; if marked an “A,” the use is an accessory use; and if marked “-” the use is not permitted in the district.
   (B)   Density. Table 1 designates the minimum lot size in area in square feet (or acres when indicated) and width in feet, the minimum yard setback for front, rear and side yards in feet, the clear passage to be maintained along a side yard in feet, the maximum height in feet and stories, the maximum floor area ratio, and the minimum floor area in square feet required of dwelling units. To determine the requirement for each district, find the category in the first column, the requirement for the category is found on the line directly below the designated district.
   (C)   Parking. Table 2 designates the minimum required parking and loading spaces by type of use.
   (D)   Location of certain nonresidential uses.
      (1)   Any commercial use except mortuaries and commercial communication towers, located in a residential district shall be in a building devoted primarily to a residential use and the entrance to the nonresidential use shall be from within the building.
      (2)   Parking lots to be located within a residential district shall be approved only after review of its location and features by the Administrator. The Administrator may make conditions for approval of use.
   (E)   Variable setback regulations. Notwithstanding the provisions of this chapter to the contrary, in order to provide maximum flexibility to owners of property on which construction has not occurred, the owner may elect to adopt a variable setback plan. Under the plan the setback may be reduced to not less than 25 feet, providing the following conditions are met:
      (1)   The minimum average setback of all structures on the same side of the street in a single block shall be at least 30 feet.
      (2)   The maximum difference in setback on two contiguous lots shall be ten feet.
      (3)   No more than two contiguous lots shall have the same front yard setback.
      (4)   Any lot in a proposed development that is adjacent to a previously developed lot, shall use the standard minimum front yard setback.
      (5)   This option shall apply only to a minimum of four or more contiguous lots on the same side of the street in a single block.
      (6)   The owner shall adopt the variable plan by filing with the Zoning Administrator a map of the lots affected. The map shall show in sufficient detail the setback selected for each such lot. The owner shall include in any instrument conveying title to such a lot a stipulation of the designated setback for such lot. Prior to the conveyance of the first lot included in such plan, the owner may file with the Zoning Administrator an amended plan revising the setbacks; provided, however, that the amended plan meets all of the requirements of this section. After the sale of the first lot included in such plan, no changes may be made unless agreed to by at least 75% of the owners of lots included in the plan provided that the change meets all of the requirements of this section. Such changes shall be made in the form of an amended plan filed with the Zoning Administrator and signed by the required number of owners.
   (F)   Commercial communication towers are not permitted in residential districts unless the principal land use is a school, hospital or other institutional use. Any commercial communication towers located on property used primarily for a school, hospital or other institutional use must be utilized solely in support of the operations of the primary land use. Any commercial tower accessory to a school, hospital or other institutional use over 50 feet in height requires a conditional use permit in accordance with § 155.186.
('69 Code, § 7-16.01, Subd. 3) (Ord. 648, eff. 4-13-82; Am. Ord. 1159, passed 3-23-20) Penalty, see §155.999