07-17-06 Joint PC-CC Agenda
AGENDA
Joint Golden Valley City Council/Planning Commission Meeting
Discussion on Subdivision Ordinance and Infill Housing
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, July 17, 2006
6:30 pm
1. Subdivision Ordinance - Lot Splits
2. R-1 Development Issues Related to Size of Homes
a. Review of the Recommendations of the Atlanta Infill Development Panel
b. Golden Valley, Edina and St. Louis Park Ordinances
c. Discussion on maximum height in R-1
d. Discussion on Lot Coverage (impervious surface)
e. Housing notes from National Association of Home Builders web site
3. Direct Staff on Approach to Infill Housing in Golden Valley
4. Adjournment
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The Recommendations of the
Atlanta Iniill DeveloplDent Panel
Draft Version
Date of Issue: 01 June 2006
Atlanta, Georgia
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Page 1 of 16
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Table oi Contents
Introduction Page 3
Overview Page 4
Zoning Recommendations Pages 5 - 7
Overlay Comments Page 8
Zoning Spreadsheet Page 9
Floor Area Ratio Diagram Page 10
Finished Floor Height Diagram Page 11
Planning Recommendations Pages 12 - 14
. Moving Forward Page 15
Panel Notes Page 16
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Page 2 of 16
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Introduction
In January 2006, City of Atlanta Mayor Shirley Franklin issued an executive order
designed to stop infill development long enough to allow the Zoning Committee of
the City Council to take up the issue at their 01 Feb 2006 meeting. A number of
professional groups delivered prepared statements during the public comment
portion of the Zoning Committee meeting.
In a letter to the City Council dated 13 February 2006, Mayor Franklin announced a
plan to form a task force under the direction of the Commissioner of Planning and
Community Development, Mr. Steve Cover. The letter states the task force will
"commence a comprehensive update to the Zoning ordinance".
Mayor Franklin's 13 February 2006 letter calls for the task force to commence within
90 days. In the period between the Mayor's February letter and the anticipated start
of the task force in May, a group of professional organizations gathered voluntarily to
begin collecting and reviewing information that might be submitted in a supporting
role to the Mayor's task force.
The group of professional organizations, referred to herein as the Atlanta Infill
Development Panel, first convened on 07 March 2006. The panel met weekly
through 25 March 2006 when it held a city-wide reporting forum at the Atlanta Civic
Center. Twenty-one out of twenty-four City of Atlanta Neighborhood Planning Units
(NPUs) attended the forum to report to the conditions and issues in their respective
NPUs to the panel. The work of the panel is based on the input and specific
requests from the NPU representatives who spoke and submitted information on
behalf of the citizens of the City of Atlanta.
Following the city-wide forum on 25 March 2006, the panel met weekly from noon
until three o'clock every Wednesday through 24 May 2006 to review the information
presented by the NPUs and prepare recommendations for the Mayor's task force.
At the 31 May 2006 Zoning Committee meeting of the City Council, the panel
respectfully submitted its recommendations and offered its support and resources to
the Mayor's task force, the City Council and Commissioner Cover's office
The organizations partnering to address this issue include the Atlanta Chapter of the
American Institute of Architects, the Atlanta Planning Advisory Board, the Greater
Atlanta Home Builders Association, the Georgia Chapter of the American Planning
Association, the Atlanta Chapter of the National Association of the Remodeling
Industry, the Georgia State University Heritage Preservation Program, the Georgia
Trust for Historic Preservation, the Atlanta Preservation Center and realtors from
various section of the City.
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OvervieW'
In the review following the city-wide public reporting forum, the Atlanta Infill
Development Panel spent a significant amount of time discussing the information
presented by the NPU representatives. The work of the panel included careful study
of the existing City of Atlanta zoning ordinance, various legislation from other
jurisdictions, model legislation, hypothetical case studies developed by members of
the panel and the specific issues effecting intill development within the City of
Atlanta. (The issues specific to the City of Atlanta include the evolution of the City of
Atlanta zoning ordinance, existing tools for dealing with development issues,
Atlanta's challenging topography, economic forces, etc.)
The panel quickly determined that it would work to balance the issue of property
rights against any recommendations developed by the panel. As a result, the panel
has developed a two-part recommendation. The first portion, the zoning
recommendations, is intended to immediately address some of the most
troublesome development issues. The second portion, the planning
recommendations, is intended to allow neighborhoods to opt into an overlay that
would further address development issues that threaten the character and quality of
the neighborhoods.
The panel considered a very broad range of potential solutions; however, many of
the solutions were discarded because although they provided academic solutions,
they were ultimately determined to be unenforceable on a city-wide basis. Instead
the recommendations of the panel are intended to fill the gap between the current
requirements and the more stringent requirements of an historic overlay.
The panel has purposely avoided publishing any sort of design guidelines for
development. While neighborhoods may choose to implement design guidelines
and other requirements on a voluntary basis, many NPUs expressed concern that
the controls provided by historic (and other available) overlays were seen as too
restrictive and thus, very difficult to adopt and maintain.
Rather than focusing on design, the panel made an effort to address the key issues
raised by the various NPUs during the public reporting forum. The result is the
following two-part recommendation that seeks to address issues like scale, height.
ambiguities in the existing requirements, etc.
Page 4 of 16
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Zoning Recommendations
The intent for these proposed amendments to the existing City of Atlanta zoning
ordinance is for all restrictions to work in a comprehensive manner to address the
overall mass (bulk) of new buildings on a given lot. Rather then relying on one
particular metric, the existing ordinance uses setbacks, maximum height, maximum
lot coverage and maximum floor-area-ratios to create a three-dimensional zone on
each property. Construction may only occur within the zone created by the
ordinance. The proposed amendments fill-in some metrics that have been omitted
from previous versions of the zoning ordinance.
The proposed amendments also request further clarification of vague requiremer.lts.
The zoning ordinance should be revised to the point that various parties working to
determine the three-dimensional construction zone for a given piece of property
reach the same conclusion independent of one another. Realization of this goal will
substantially reduce the amount of time the City of Atlanta planning and zoning
officials spend interpreting various requirements to specific projects. Realization of
this goal will also allow (potential) property owners to have a clear understanding of
the development potential of a given piece of property.
The Atlanta Infill Development Panel proposes the following two methods to
accomplish the requested limits for new construction in established neighborhoods
and communities. First, provide consistent limitations across all residential zoning
ordinances through adjustments to existing metrics. Second, allow an additional
voluntary overlay for compatibility which neighborhoods can choose to shape and
adopt. It is the panel's recommendation that interim controls be put in place during
the process of adopting these new zoning regulations.
Quantifiable Metrics:
1. All Residential Zoning Categories to have both Lot Coverage and Floor Area
Ratio standards.
2. Adopt the following changes for residential classifications without FAR.
2.1. R-4A: Adopt FAR of.5 consistent with R-4.
2.2. R-4B: Adopt higher FAR of .75 to allow larger homes on small lots.
2.3. R-5: Adopt FAR of .5 for all conditions under this zoning.
See Figure 2.
Page 5 of 16
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3. Adopt the following changes for residential classifications without lot coverage
requirements.
3.1. R-4A: 50% Maximum Lot Coverage
3.2. R-4B: 60% Maximum Lot Coverage
3.3. R-5: 50% Maximum Lot Coverage
Lot Coverage Example
Figure 1
M'AX. !-OT COVERACfE:..: 150 Dtb l.CJT A1<r......,A
M-Ax. AL..LDP--tA~].....;f?'- A~: 37f5() <:)F
H~E(?S:ix6'5I): l~ SF
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fUfAl- CO~E: ~7o SF
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4. Clarify that Floor Area Ratio (FAR) is based upon calculations using the Net Lot
Area: the area within the property boundaries for all residential zoning
classifications.
Page 6 of 16
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5. The FAR should be defined as applying to all levels above grade where the
majority (51 % or greater) of space can be occupied and includes portions of attic
spaces that meet the minimum headroom requirements.
6. Other than the area dedicated to parking vehicles, any area within an accessory
building meeting minimum headroom and minimum room dimension
requirements will be included in the FAR.
7. Define basement as any habitable area, one or more levels, whereby the
majority (51 % or greater) of wall area between the finished floor to the underside
of floor structure above is below the exterior grade.
8. The exterior grade line is the average grade height between the perimeter face
of house and grade elevation five (5) feet away from the building face.
9. For new construction, the main floor elevation (above sea level) may be
established as the greatest of the following options:
9.1. 4'.0" above the existing, undisturbed grade.
9.2. 3'.0" above the street, measured at the centerline of the property at the
gutter level of the street.
9.3. 3'.0" above the main floor level threshold of the existing structure.
See Figure 3.
10. Define the measurement of Maximum Building Height with acknowledgement of
grade changes.
10.1. The maximum building height is 35'-0".
10.2. The building height is the mean building height measured on the four
. elevations (front, sides and rear) of the building. [Add the building
height of the front, both side and rear elevations. Divide by four to
determine the mean building height.]
10.3. The building height is measured from the average grade level on each
elevation (front, sides and rear) to the mean of the main body of the
roof. The main body of the roof does not include roof accessories such
as chimneys, flagpoles, cupolas, turrets, towers, etc. so long as the
gross floor area of the accessory projection is 15% or less than the
gross floor area of the floor immediately below the roof.
11. Retaining walls are limited to 4'.0" feet in height based on the cut or fill of the
existing grade conditions.*
12. Retaining walls within the prescribed setbacks may not exceed 30" in height.
Retaining walls within the prescribed setbacks required for the retaining of cut
and/or fill for a driveway may not exceed 4'.0".*
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* Retaining wall requirements should not be interpreted as a limit of 4'.0" of
retainage on a given site. A site may require more retainage though the
maximum limit for any individual wall is 4'.0".
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Overlay control:
Neighborhoods as defined by the Neighborhood Planning Unit system may petition
for a single overlay based on compatibility. The area of comparison or influence
shall be prescribed as within five time the minimum lot frontage of the residential
zoning district. Example: An R-5 lot with a minimum street frontage requirement of
50 feet would have an area of comparison within 250 feet of the property. Structures
within that area must be of like use in order to be incorporated in the comparison.
The origin of the structures would be limited to those built before the current zoning
ordinance was put in place: residences built prior to 1982.
This voluntary overlay would allow the neighborhood to set certain quantifiable
metrics based on compatibility. The neighborhood may choose to adopt more
stringent metrics that protect the quality and character of the neighborhood by
relating new construction (including additions) to the existing conditions.
This method is not intended to stop the evolution of the neighborhood. It allows
development relative to the existing conditions based on the overlay approved by the
neighborhood. The overlay would require that additions and new construction be no
larger than the largest and no smaller than the smallest buildings within a designated
area of comparison.
Quantifiable Metrics that may be amended:
1. Lot size
2. Setbacks
3. Maximum building height
4. Floor height above grade
5. Determine maximum bearing height of wall
6. Maximum building width
Page 8 of 16
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Zoning
Classification
Min. Lot Size
Min, tot Frontage
Front Setback
Side Setback
Real' Setback
F.A.R.
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co
CD
CD
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Max. Lot Coveraoe
Max. Heinht
(j)
Test Gases
lot Size
iv1ax Lot wverage
35 (J'b
650{)
Typical Lot SiztJ
FAR
Max Lot ('J,)\ff,rage
35% pavement
65 S,(, building
L (it Size
'(.n
1"A ;::1 >,~ t" ot (X) Vt3 rH
R-1
R-2 R-2A
.
R-3
R-3A
R-4
, 11000 13,500
2 acres 1 acre 30,000 SF SF SF 9000 SF
150
200 FT FT 100 FT 100 FT 85FT 70FT
80 00 60 50 50 35
25 15 15 10 10 7
35 30 30 20 15 15
0.25 0.3 0.35 0.4 0.45 0.5
25% 35% 35'10 40% 45 {Jlo stYYo
35 3:5 35 35 35 35
100000 500000 a5:t)OO
15000 12250
25000 17500 12250
-4-2,07.5
16250 11315 7962.5
87120 435\:>0 30fJOO
21780 1306$ ~
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2.1780 15246 H)500
7623 5336.1 3675
'14157 9909,9 6825
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-10611.l5 7962..5
5687,S
20000
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28:()O
5200
18000
7200
7:2 00
2520
4680
5t)DO
fjOf>O
3900
R-4A R-4B
R-5
R-5
Zero..lot
line
7000 SF 2800 SF
7500 SF 2000 SF
50 FT 40 FT
SOFT 10FT
30 30
1 0
30 20
7 5
15 5
1 7
O,!:i,
0.5
35
35
35
35
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Floor Area Ratio Diagram
Figure 2
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Page 10 of 16
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Finished Floor Height Diagram
Figure 3
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Page 11 of 16
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Planning Recommendations
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1. City of Atlanta Infill Goals: The City needs a statement of goals on how infill
development should be guided. A concise statement of goals is the first step in
clear and consistent policy and enforcement. The City's statement could include
the following:
1.1. "Compatible scale" includes the comparable massing, height, and
width as a building appears from the street, as well as the effects of
different massing, height, and width on neighbors to the side and rear.
The impacts of scale that should be considered include loss of
daylight, loss of side views, loss of backyard privacy and loss of
street/neighborhood character.
1.2. The development review process should be consistent, concise, and
fair and should protect the rights of all interested parties: the land
owner, the developer, the neighbors, and the City. The City should
strive to adopt rules that are easy to understand and thus easy to
enforce.
1.3. New construction should be integrated into the existing neighborhood
by observing context and where possible improve the neighborhood.
1.4. Neighborhoods should have the ability to customize their regulations to
address their most urgent needs. This ability needs to be sufficiently
uniform to be efficiently enforced and understood by all parties.
1.5. Neighborhoods have a right to preserve their existing character while
permitting compatible new construction and renovations. Except in
designated historic neighborhoods, the definition of existing
neighborhood character should focus on the issues of scale, building
placement, and street orientation, and should not restrict architectural
style.
1.6. Increasing the allowable building mass by manipulating the grade
change s.hould be kept to an absolute minimum.
2. Neighborhood Self-Governance: Give neighborhoods a set of defined overlay
tools to customize development review to their needs. In order to keep
administration simple, each overlay option must either be accepted "as is"
without modification, or refused. Where they are adopted, the overlays should be
enforced identically throughout the City. Overlay options may include:
2.1. Scale Overlay - An overlay that can be adopted by a neighborhood to
ensure compatibility.
2.2. Urban Design Overlay - An overlay that can be adopted by a
neighborhood to address basic urban design issues of garage
placement, driveway placement and design, and front fa(fade door and
window treatment.
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Page 12 of 16
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2.3. Remind neighborhoods that they can apply for Historic District,
Landmark District, Conservation District or SPI District status if the
above overlay tools do not serve their purposes.
3. Public Involvement: Increase NPU and public access to relevant development
review information. Improve the flow of information between the City and NPUs.
[Public comments should be handled through the NPU leadership rather than
citizens contacting permit applicants directly.]
3.1. Require that applications for demolition be posted in a conspicuous
location in the right-of-way on a property in the same manner as
rezoning notices two weeks prior to demolition.
3.2. Require NPU notification of subdivision applications
3.3. Require NPU notification of new construction even if no rezoning or
variances are necessary for construction.
4. Regulation Review: Beyond standard residential zoning, consider reform of the
following regulations to promote neighborhood compatibility and quality urban
design.
4.1.
4.2.
4.3.
Illustrate regulations with examples to make them easier for both the
general public and developers to understand. Make illustrations of
both desired and unacceptable types of development.
Rescind the Lots of Record Subdivision Ordinance
Consider new zoning categories for narrow, deep lots and other
common lot types that do not fit in the current zoning categories.
Consider applying "compatibility rules" to any and all nonconforming
lots as a means to proper development within existing neighborhoods.
Reform PDH zoning to make it clear what purposes it should be used
for and where it should apply. Possibly replace PDH zoning with a
new conservation subdivision ordinance.
4.5. Clarify the rules for justifying a variance and enforce them as written.
5. Enforcement issues: Increase the consistency and transparency of zoning and
code enforcement.
5.1. Provide citizens and NPUs with a single point of contact for reporting
on and inquiring about enforcement issues.
5.2. Apply standards consistently and thoroughly.
5.3. Enforce notification requirements on posting rezonings (zoning actions)
and tree removals.
4.4.
5.4. Require complete submission of documents before approval of a
permit.
5.5. Require the demolition of all illegal work. Fines are not enough of a
deterrent to prevent illegal work.
Page 13 of 16
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5.6. Use a team approach to development review so that all departments
can share information on possible issues with an application. Ideally,
all staff involved in site plan review should attend a joint site review
meeting, including transportation, watershed, city arborist, zoning,
urban design planner and an NPU planner. Suggest that a preliminary
review of project be allowed to take place prior to submission for
permit.
6. Affordability: Address displacement through rising property tax assessments.
Work with Fulton County to explore placing a ceiling on the increased
assessments for long-time residents of neighborhoods.
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Moving Forw-ard
The Atlanta Infill Development Panel has consumed a substantial amount of
information. in its development of the recommendations to the City. The most
important information provided to the panel came from the public reporting forum.
The panel views the reports from the public forum as the benchmark set by the
citizens of the city of Atlanta through their NPU representatives. The panel is
prepared to continue its work for the citizens of Atlanta through its support of the
Mayor's task force, the work of the City Council and the work of Commissioner Steve
Cover's Planning and Community Development Department.
The member organizations that make up the panel offer experience, expertise and
physical resources such as meeting space and staff time. Many of the member
organizations also provide additional resources from their state and national
components.
The panel encourages the City to make the process of addressing the issue of infill
development as open and transparent as possible. The panel also encourages the
City to include, in the Mayor's task force, professional organizations like those that
make-up the Atlanta Infill Development Panel. The professionals from these
organizations bring real-life, day-to-day experience to the process and they are
backed by the resources of their respective organizations. If invited to participate,
they will be an invaluable resource to the City of Atlanta.
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Atlanta Infill Development Panel Members*
Glenn Bennett
Sandy D'Aprile
Ed Dodson
David Fowler
Bob Helget
Bo Hickman
Karen Lange
Richard Laub
Shelia Maddox
Warner McConaughey
Louis Merlin
Kathy Muzzy
Cooper Pierce
Lisa Crawford-Pringle
Ryan Taylor
Dan Wiedmann
Georgia Trust for Historic Preservation
Realtor
American I nstitute of Architects, Atlanta Chapter
Architect
Atlanta Preservation Center &
GSU Heritage Preservation Center
Greater Atlanta Home Builders Association
Greater Atlanta Home Builders Association
Director, GSU Heritage Preservation Program
Realtor
National Association of the Remodeling Industry
American Planning Association
Atlanta Planning Advisory Board
American Institute of Architects, Atlanta Chapter
Realtor
American Institute of Architects, Atlanta Chapter
National Association of the Remodeling Industry
. A number of other organizations were asked to participate. Some agreed and did not attend. Some declined. The panel
members listed above participated at the request of their respective organizations.
These recommendations are respectfully submitted by the Atlanta Infill Development Panel.
For additional information or to submit comments and suggestions. please visit http://www.AIAatlanta.org.
Page 16 of 16
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~ 11.21
SECTION 11.21. SINGLE FAMILY ZONING DISTRICT (R-1).
Subdivision 1. Purpose. The purpose of the R-1 Zoning District is to
provide for single-family, detached dwelling units at a low density along with directly
related and complementary uses.
Subdivision 2. District Established. Properties shall be established within
the R-1 Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this
Chapter, and when thus established shall be incorporated in this Section 11.21,
Subdivision 2 by an ordinance which makes cross-reference to this section 11.21 and
which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if
set forth herein. In addition the R-1 Zoning Districts thus established and/or any
subsequent changes to the same which shall be made and established in a similar
manner, shall be reflected in the official zoning map of the City as provided in Section
11.11 of this Chapter.
Subdivision 3. Permitted Uses. The following uses and no other shall be
permitted in the R-1 Zoning Districts:
A. Single-family dwellings.
B. When the property owner resides on the premises, rental of single
sleeping rooms to not more than two people for lodging purposes only.
C. Residential facilities serving six or fewer persons.
D. Manufactured homes, as defined in this Chapter.
E. Foster family homes.
F. Essential Services - Class I
Subdivision 4. Accessory Uses. The following accessory uses and no
other shall be permitted in the R-1 Zoning Districts:
A. Accessory structures, including private garages, as defined in this
Chapter.
1. Accessory structures less than 120 square feet in area
require a Zoning Permit issued by the Director of Planning and Development. The fee for
the Zoning Permit is established by the City Council. The purpose of the Zoning Permit is
to insure that accessory structures are located in a conforming location on the lot. (See
Subdivision 11.)
B. Home occupations, as regulated by this Section.
GOLDEN VALLEY CC
263
(6-30-04)
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~ 11.21
C. Home day care facilities licensed by the State of Minnesota
serving 12 or fewer persons.
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Subdivision 5. COnditional Uses.
A. Res.idential facilities serving from seven to 25 persons.
B. Group foster family homes.
Subdivision 6. Buildable Lots. No dwelling or accessory structure shall be
erected for use or occupancy as a residential dwelling on any tract of unplatted land which
does not conform with the requirements of this Section, except on those lots located within
an approved plat. In the R-1 zoning district a platted lot of a minimum area of 10,000
square feet and a minimum width of 80 feet shall be required for one single family
dwelling.
Subdivision 7. Corner Visibility. All structures in the R-1 Zoning District
shall meet the requirements of the corner visibility requirements in Chapter 7 of the City
Code.
Subdivision 8. Easements. No structures in the R-1 Zoning District shall be
located in dedicated public easements.
Subdivision 9. Building Lot Coverage. No lot or parcel in the R-1 Zoning
District shall have a lot coverage of more than 30 percent for a lot or parcel over 10,000
square feet in area, 35% for a lot or parcel between 5,000 square feet and 9,999 square
feet in area and 40% for a lot or parcel less than 5,000 square feet in area. This
requirement excludes swimming pools.
Subdivision 10. Principal Structures. Subject to the modifications in
Subdivision 12, below, principal structures in the R-1 Zoning District shall be governed by
the following requirements:
A. Setback Requirements. The following structure setbacks shall be
required for principal structures in the R-1 zoning district. Garages or other accessory
structures which are attached to the house or main structure shall also be governed by
these setback requirements, except for stair landings up to 25 square feet in size and for
handicapped ramps.
1. Front Setback. The required minimum front setback shall be
35 feet from any front property line along a street right-of-way line. Open frontporches,
with no screens, may be built to within 30 feet of a front property line along a street right-
of-way line.
GOLDEN VALLEY CC
(6-30-04)
264
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9 11.21
(a.) In the case of a corner lot, the side with the narrower
street frontage shall be considered the front of the lot.
2. Rear Setback. The required rear setback shall be 20 percent
of the lot depth.
3. Side Setback. Side yard setbacks are determined by the lot
width at the minimum required front setback line. The distance between any part of a
structure and the side lot lines shall be governed by the following requirements:
(a.) In the case of lots having a width of 100 feet or greater,
the side setback shall be 15 feet;
(b.) In the case of lots having a width greater than 65 feet
and less than 100 feet, the side yard setback shall be 12.5 feet;
(c.) In the case of lots having a width of 65 feet or less, the
North or West side yard setback shall be 10 percent of the lot width, and the South or East
side yard setback shall be 20 percent ofthe lot width (up to 12.5 feet).
(d.) If a principal structure is greater than 40 feet in depth
along a side yard adjacent to another property that side yard setback shall increase by
one foot for each additional ten feet of structure depth or portion thereof.
4. Corner Lot Setbacks. To determine the rear yard setback,
use the longer lot line. To determine the side yard setback, use the shortest lot line.
B. Height Limitations. No principal structure shall be erected in the R-
1 Zoning District to exceed a height of two and a half stories or 30 feet as defined in the
City's building code, whichever is less.
C. Structure Width Requirements. No principal structure shall be less
than 22 feet in width as measured from the exterior of the exterior walls.
D. Cornices and Eaves. Cornices and eaves may not project more
than 30 inches into a required setback.
E. Decks. Decks over eight inches from ground level shall meet the
same setbacks as the principal structure.
F. Fences. For the purpose of setbacks, fences are not considered
structures.
GOLDEN VALLEY CC
265
(6-30-04 )
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9 11.21
Subdivision 11. Accessory Structures. Subject to the modifications in
Subdivision 12, below, accessory structures, shall be governed by the following
requirements:
A. Location and Setback Requirements. The following location
regulations and setbacks shall be required for accessory structures in the R-1 zoning
district:
1. Location. A Detached accessory structure shall be located
completely to the rear of the principal structure, unless it is built with frost footings. In that
case, an accessory structure may be built no closer to the front setback as the principal
structure. If an addition is build on to an existing principal structure that would create a
situation where an existing garage or accessory structure would not be completely to the
rear of the addition to the principal structure, the addition to the principal structure may be
built and the existing garage or accessory structure may remain and be considered
conforming as long as there is at least 10 feet of separation between the existing principal
structure with the addition and the existing garage or accessory structure. Additions may
be made to the existing garage or accessory structure as long as the 10 feet of separation
can be met.
2. Front Setback. Accessory structures shall be located no
less than 35 feet from the front property line along a street right-of-way line.
3. Side and Rear Setbacks. Accessory structures shall be
located no less than 5 feet from a side or rear yard property line.
4. Separation between structures. Accessory structures shall
be located no less than 10 feet from any principal structure and from any other accessory
structure.
5. Alleys. Accessory structures shall be located no less than 5
feet from an alley.
B. Height Limitations. No accessory structure shall be erected in the
R-1 Zoning District to exceed a height of one story, which is 10 feet from the floor to the
top horizontal member of a frame building to which the rafters are fastened, known as the
top plate.
C. Provision for garage. No building permit shall be issued for a single
family dwelling not having a two stall garage unless the registered survey submitted at the
time of the application for the building permit reflects the necessary area and setback
requirements for a future two stall (minimum) garage.
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D. Cornices and Eaves. Cornices and eaves may not project more
than 30 inches into a required setback.
E. Each property is limited to a total of 1,000 square feet of the
following accessory structures: detached and attached garages, detached sheds,
greenhouses, and gazebos. Swimming pools are not included in this requirement.
F. Size of Accessory Structures. No accessory structure shall be
larger in size than the principal structure. (See Subdivision 4.A(1) ).
G. Swimming pools. Swimming pools shall meet the same setback
and location requirements for accessory structures. Setbacks shall be measured from the
property line to the pool's edge. Decks surrounding above ground pools shall rneet
setback requirements.
H. Decks. Free standing decks or decks attached to accessory
buildings shall meet the same setback requirements for accessory buildings. (See
Subdivision 14.)
I. Central Air Conditioning Units. Central air conditioning units shall
not be allowed in the front yard of a single family home.
J. Design. All accessory structures constructed after the construction
of the principal structure must be designed and constructed in a manner consistent with
the design and general appearance of the principal structure.
Subdivision 12. Pre-1982 Structures. For all existing structures
constructed in the R-1 zoning district prior to January 1, 1982, the following structure
setbacks shall be in effect.
A. Front Yard. The structure setback for principal structures shall be
no closer than 25 feet to the front yard property line.
B. Side Yard. The structure setback for principal structures shall be no
closer than three feet to the side yard property line.
C. Rear Yard. The structure setback for principal structures shall be
no closer than ten feet to the rear yard property line.
D. Accessory Structure. The structure setback for accessory
structures shall be no closer than three feet to the side or rear yard property lines. At the
discretion of the Director of Planning and Development, a property owner may be required
to move an accessory structure if it is located in a public easement area.
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Subdivision 13. Temporary Outdoor Storage. Temporary Outdoor Storage
in the R-1 zoning district shall be governed by the following requirements:
A. Duration. Temporary outdoor storage units shall not be stored on a
property for more than seven days.
B. Location. Temporary outdoor storage units shall be stored on a
hard surface and be located completely on private property.
Subdivision 14. Decks and Platforms. Decks and platforms not more than
30 inches but greater than 8 inches above adjacent grade and not attached to a structure
with frost footings and which is not part of an accessible route shall require a zoning
permit issued by the Director of Planning. The fee for the zoning permit is established by
the City Council. The purpose of the zoning permit is to insure that decks greater than 8
inches but less than 30 inches in height are located in a conforming location on the lot.
(See Subdivision 11.H).
Subdivision 15. Home Occupation Requirements.
A. Home occupations in the R-1 Zoning District shall be governed by
the following requirements:
1. The use of the dwelling for the occupation or profession shall
be incidental and secondary to the use of the dwelling for residential purposes.
2. The exterior appearance of the structure shall not be altered
for the operation of the home occupation.
3. There shall be no outside storage or display of anything
related to the home occupation.
4. An accessory structure, including a garage, shall not be
used for a home occupation.
5. A permitted occupation, shall not result in noise, fumes,
traffic, lights, odor, excessive sewage or water use or garbage service, electrical, radio or
TV interference in a manner detrimental to the health, safety, enjoyment and general
welfare of the surrounding residential neighborhood.
6. No physical products shall be displayed or sold on the
premises except such that are incidental to the permitted home occupation.
7. No signs or symbols shall be displayed other than those
permitted for residential purposes.
8. Clients, deliveries and other business activity where persons
come to the home shall be limited to between the hours of 9 am and 9 pm.
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9. No more than 20 percent of the gross floor area of the
dwelling shall be used for the home occupation.
10. Parking related to the home occupation shall be provided
only on the driveway of the property where the home occupation operates.
11. A home occupation shall not generate more than eight client
trips per day and serve no more than two clients or customers at a time.
12. There shall only be one outside employee allowed on the
premises at which a home occupation is located.
13. All other applicable City, State and Federal licenses, codes
and regulations shall be met.
B. The following uses are prohibited home occupations:
1. Repair, service, building, rebuilding or painting of autos,
trucks, boats and other vehicles.
2. Restaurants or cafes.
. 3. Animal hospital.
4. Veterinarian Clinic.
5. Funeral Home, mortuary or columbarium.
6. Medical/Dental clinic or similar.
7. Stable or kennel.
8. Repair and service of items that cannot be carried by one
person and repair and service of any item involving an internal combustion engine or
motor.
9. Retail sales.
10. Sale or repair of firearms.
Source: Ordinance No. 292, 2nd Series
Effective Date: 3-12-04
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Subdivision 16. Outdoor Storage. Outdoor storage of items on properties
within the R-1 Zoning District is governed by the following provisions:
A. Front Yard Storage.
1. Storage of items in the front yard may occur solely upon a
driveway, and in no other location.
2. No personal motorized recreational vehicle or boat may be
stored in a front yard, except upon a trailer.
3. Only one of the following may be stored in all front yards of
any lot:
a. Recreational camping vehicle;
b. Trailer. The term "trailer", as used in this Subdivision,
means a trailer for multiple purposes including but not limited to hauling a boat, personal
motorized recreational vehicle, or fish house.
4. Storage in the front yard of items other than those listed in
Subdivision 16.A.3 above may not exceed thirty (30) days unless a Front Yard Storage
Permit is issued to the property owner. A Front Yard Storage Permit may be issued at the
discretion of the City Manager or City Staff designated by the City Manager.
B. Setbacks.
1. Front Yard Storage. Any storage of items in the front yard
shall be behind the property line.
2. Side Yard Storage. Items stored in that portion of the side
yard to the front of the rear yard, may not be stored within three (3) feet of the property
line. Items stored in that portion of the side yard to the rear of the primary structure or
attached garage, may not be stored within fiVe (5) feet of the property line.
3. Rear Yard Storage. Items stored in the rear yard may not be
stored within five (5) feet of the property line.
C. Screening. Side and Rear Yard Storage. Any storage of a
recreational camping vehicle, fish house, trailer, boat, or personal motorized recreational
vehicle in the side or rear yard must be screened using either vegetative screening or a
fence in accordance with Section 11.72 of this Chapter.
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Subdivision 17. Driveway Requirements. Driveways in the R-1 Zoning
District are governed by the following provisions:
A. Materials. Driveways built or reconstructed on or after January 1,
2005 shall be,constructed of concrete, bituminous pavement, or pavers.
B. Setbacks. Driveways built on or after January 1, 2005 shall be
setback three (3) feet from a side yard property line, except for shared driveways used by
multiple property owners pursuant to a private easement.
C. Coverage. No more than fifty percent (50%) of the front yard may
be covered with concrete, bituminous pavement, or pavers.
Source: Ordinance No. 311, 2nd Series
Effective Date: 10-29-04
[IAL ZONING DISTRICT.
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CHAPTER 12
SUBDIVISION REGULATIONS (PLATTING)
SECTION 12.01. PURPOSE AND INTERPRETATION. Each new subdivision
becomes a permanent unit in the basic physical structure of the future community, a unit
to which the future community will of necessity be forced to adhere. In order that new
subdivisions will contribute toward an attractive, orderly, stable and wholesome community
environment with adequate City services and safe streets, all subdivisions hereafter
platted within the incorporated limits of the City shall in all respects fully comply with the
regulations set forth in this Chapter. In interpretation and application, the provisions of this
Chapter shall be the minimum requirements necessary for the protection of the public
health, safety and general welfare.
SECTION 12.02. SCOPE. Except in the case of new subdivision applications, this
Chapter shall not apply to any lot or lots forming a part of subdivision plats recorded in the
office of the County Recorder or Registrar of Titles prior to the effective date of this
Chapter, nor shall this Chapter repeal, abrogate, annul or in any way impair or interfere
with existing provisions of any laws or City Code provisions except those specifically in
conflict with this Chapter.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
SECTION 12.03. DEFINITIONS. The following terms, as used in this Chapter, shall
have the meanings stated:
1. "Boulevard" - The portion of the street right-of-way between the curb line
and the property line.
Source: Ordinance No. 706
Effective Date: 12-11-87
2. "Comprehensive Plan" - A compilation of policy statements, goals,
standards, and maps for guiding the physical, social and economic development, both
private and public, of the City and its environs and may include, but is not limited to, the
following: Statements of policies, goals, standards, a land use plan, a community facilities
plan, a transportation plan, and recommendations for plan execution. A comprehensive
plan represents the Council's recommendations for the future development of the
community and includes any part of such plan separately adopted and any amendment to
such plan(s) or part(s) thereof.
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3. "Corner Lot" - A single parcel of land bounded in part by two streets that
intersect at an angle of 1350 or less. For measurement purposes, the primary front of a
corner lot is the shorter of its two street sides.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
4. "Cul-de-Sac" - A local street with only one outlet and having an
appropriate terminal for the safe and convenient reversal of traffic movement.
Source: Ordinance No. 706
Effective Date- 12-11-87
5. "Depth of Lot" - The shortest horizontal distance between the front line
and the rear line measured at a ninety degree (900) angle from the street right-of-way.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
6. "Double Bungalow" - A residential structure divided into two residential
units along a party wall.
7. "Easement" - A grant of an interest in land by an owner for the specific
use of said land by the public generally, or by a person or persons.
8. "Final Plat" - The final map, drawing or chart, as prepared by a Registered
Land Surveyor, on which the owner's or subdivider's plan of subdivision is presented to
the Council for approval and which, if approved, will be filed for record in the office of the
County Recorder.
9. "Functional Classification System Criteria for Roadways" - The system
adopted by the Metropolitan Council based on roadway characteristics, access spacing
standards, and other transportation planning standards. The functional classification
system consists of five roadways: Interstate freeway, major arterials, minor arterials,
collector streets and local streets. The functional classification system is found in the
Transportation Chapter of the Metropolitan Development Guide/Policy Plan.
10. "Half Street" - A perimeter street of at least 30 feet in width which lies
within the boundaries of a proposed plat.
11. "Lot" - A parcel or portion of land in a subdivision or plat of land,
separated from other parcels or portions by description.
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12. "Marginal Access Street" - A street which is parallel to and close to
arterial streets and highways and which provides access to abutting properties and
protection from through traffic.
13. "Minimum Subdivision Design Standards" - The guides, principles and
specifications for the preparation of subdivision plans indicating among other things, the
minimum and maximum dimensions of the various elements set forth in the preliminary
plan.
14. "Owner" - Any individual, firm or other legal entity having sufficient
proprietary interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this Chapter.
15. "Party Walls" - The wall shared in a residential structure by more than
one residential unit.
16. "Pedestrian Way" - The right-of-way across land, for use by pedestrian
traffic whether designated as a pedestrian way, crosswalk, or however otherwise
designated.
17. "Planning Agency" - The Planning Commission or Department of
Planning and Development of the City.
18. "Platting Authority" - The City Council.
19. "Preliminary Plat" - The preliminary map, drawing or chart indicating the
proposed layout of a subdivision to be submitted through the office of the City Director of
Planning and Development to the Planning Commission and the Council for consideration.
20. "Restrictive Covenants" - Contracts entered into between private parties
constituting a restriction on the use of private property within a subdivision for the benefit
of the property owners, and providing mutual protection against undesirable aspects of
development which would tend to impair values.
21. "Setback Line, Building" - A line shown on the preliminary plat, within the
lot and parallel to the street or lot line, which sets off an area within which no enclosed
structure or portion thereof may be erected.
Source: Ordinance No. 706
Effective Date: 12-11-87
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22. "Street" - A public right-of-way for vehicular traffic, whether designated as
a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place or
however otherwise designated.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
23. "Street Width" - The shortest distance between the lines delineating the
right-of-way of a street.
24. "Subdivider" - Any person, firm or other legal entity commencing
proceedings under this Chapter to effect a subdivision of land hereunder for himself or for
another.
Source: Ordinance No. 706
Effective Date: 12-11-87
25. "Subdivision" - The division of a parcel of land into two or more lots or
parcels, for the purpose of transfer of ownership or building development, or, if a new
street is involved, any division of a parcel of land. The term includes a change to an
existing subdivision and, when appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
26. "Width of Lot" - The minimum required horizontal distance between the
side lot lines measured at right angles to the lot depth, at the minimum building setback
line in the Residential and R-2 zoning district, or the front property line in the Business and
Professional Office or Terminal Warehouse Zoning Districts.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
27. "Utilities" - One or more of the following services provided to the public:
sanitary sewer, water, storm sewer, telephone, electricity, cable television, and other
communication mechanisms.
Source: Ordinance No. 706
Effective Date: 12-11-87
(Sections 12.04 through 12.09, inclusive, reserved for future expansion.)
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912.10
SECTION 12.10. PRELIMINARY PLAT.
Subdivision 1. Before dividing any tract of land into two or more lots or
parcels, except as provided under Section 12.50, Minor Subdivisions and
Consolidations, an owner or subdivider shall, unless a variance is authorized under the
terms of this Chapter, make application to the office of the Director of Planning and
Development for preliminary plat approval. The application shall be heard by the
Planning Commission within thirty (30) days of application. If the application is not
heard by the Planning Commission within thirty (30) days of submittal of a complete
application, the application shall be referred directly to the Council for action. Said
application shall be accompanied by:
A. Fifteen (15) copies of the preliminary plat.
B. A filing fee shall be set by Council resolution. This fee will be
used in connection with approval or disapproval of said preliminary plat, and before
approval of the final plat, the subdivider shall also pay to the City an amount equal to
the charge made to the City by the City Attorney for each abstract of title or registered
property abstract required to be examined in connection with said final plat approval as
specified in Section 12.40, Division 2 .
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
Subdivision 2. Upon recommended approval or disapproval of the
preliminary plat by the Planning Commission, the plat shall be referred to the Council
for action. Referral by the Planning Commission must be made within 60 days of
receiving the application.
Subdivision 3. After receiving a recommendation for approval or
disapproval of the preliminary plat by the Planning Commission, the Council shall hold a
public hearing on the preliminary plat within thirty (30) days. The notice of the hearing
shall be published at least once in the official newspaper at least ten (10) days prior to
the hearing. A public notice shall be mailed to all property owners within 500 feet of the
proposed preliminary plat at least ten (10) days prior to the hearing. At the close of the
public hearing, the Council shall grant approval of the preliminary plat, approval with
conditions, refer the preliminary plat back to the Planning Commission for additional
study or disapprove the preliminary plat stating the reasons for such action in the official
minutes of the Council meeting.
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SECTION 12.11. NECESSARY DATA FOR PRELIMINARY PLAT. The preli-
minary plat shall be clearly and legibly drawn. The size of the map shall not be less than
12 inches by 18 inches. All subdivision maps shall be drawn at a scale of no less than 1
inch equals 100 feet, unless otherwise required by the Council. The preliminary plat
shall contain the following information:
Subdivision 1. Identification and Description.
A. Proposed name of the subdivision, which name shall not
duplicate or closely resemble in pronunciation or spelling the name of any plat
theretofore recorded in Hennepin County.
B. Location by section, township, range or by other legal
description.
C. Names and addresses of the owner, subdivider, surveyor and
designer of the Plat.
D. Graphic scale.
E. North point. (The top of the map shall be approximately North).
F. Date of preparation.
Subdivision 2. Existing Conditions.
A. Boundary lines of proposed subdivision, clearly indicated.
B. Existing zoning classifications.
C. Total approximate acreage.
D. Location, widths and names of all existing or previously platted
streets or other public way, showing type, width and condition of improvements, if any,
railroad, and utility rights-of-way, parks and other public open spaces, permanent
buildings and structures, easements, and section and corporate lines within the tract
and to a distance of one hundred (100) feet beyond the tract.
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E. Location and size of existing sewers, watermains, culverts or
other underground facilities including telephone and electric cable lines within the tract
and to a distance of one hundred feet beyond the tract. Such data as grades, inverse
elevations, and locations of catch basins, manholes, and hydrants shall be shown. All
elevations shall be referenced to mean sea level datum, 5th Gen. Adjustment of U.S. C
& G Survey of 1929.
F. Boundary lines of adjoining unsubdivided or subdivided land,
within one hundred feet, identifying by name and ownership.
G. Current topographic data, including contours at vertical intervals
of not more than two feet, except that, topography permitting, contour lines shall be no
more than one hundred feet apart. Marshes, wooded areas, rock outcrops, power
transmission poles and lines, and other significant features shall also be shown. The
center line of all water courses shall be accurately delineated.
Subdivision 3. Subdivision Design Features.
A. Layout of proposed streets, showing right-of-way widths and
proposed names of streets. The name of any street heretofore used in the City or its
environs shall not be used, unless the proposed street is an extension of an already
named street, in which event the name shall be used.
B. Location and widths of proposed pedestrian ways and utility
easements.
C. Typical cross-sections of proposed improvements upon streets
and alleys, together with an indication of the proposed surface water runoff.
D. Approximate center line gradients of proposed streets, if any.
E. Approximate location and size of any proposed sewer lines and
watermains.
F. Layout, numbers and typical dimensions of lots; provided that no
lots shall be designated as outlets.
G. Minimum front and side-street building setback lines, indicating
dimensions.
H. Areas, other than streets, pedestrian ways and utility
easements, intended to be dedicated or reserved for public use, including the size of
such area or areas in acres.
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I. The preliminary plat shall incorporate a grading plan establishing
yards or site elevations, with sufficient proposed elevations indicated thereon to provide
proper control of the development to insure proper building grades, site drainage and
conformance to established street grades.
Subdivision 4. Other Information.
A. Statement of the proposed use of lots indicating type of
residential building with number of proposed dwelling units; type of business or industry
so as to reveal the effect of the development on traffic, fire hazards or congestion of
population.
B. Proposed restrictive covenants.
C. If any zoning changes are contemplated, the proposed zoning
plan for the areas, including dimensions, shall be for information only and shall not vest
any rights in the applicant for uses other than Residential.
Subdivision 5. Effect of Missing Data. All preliminary plats must contain
the data as called for in this Section. If any of the required data is missing from the
preliminary plat, the application will not be accepted, and the preliminary plat will not be
reviewed by the Planning Commission.
. SECTION 12.12. QUALIFICATIONS GOVERNING APPROVAL OF
PRELIMINARY PLAT.
Subdivision 1. The Council may require such changes or revisions as it
deems necessary for the health, safety, general welfare and convenience of the City.
Subdivision 2. The approval of a preliminary plat is tentative only,
involving merely the general acceptability of the layout as submitted.
Subdivision 3. Prior to approval of the preliminary plat by the Council,
approval by the City Engineer and other public officials having jurisdiction will be
required of the engineering proposals pertaining to water supply, storm drainage,
sewerage and sewage disposal, roadway widths and the surfacing of streets.
Subdivision 4. No plat will be approved fOf subdivision which covers an
area subject to periodic flooding or which contains extremely poor drainage facilities
and which would make adequate drainage of the streets and lots difficult or impossible,
unless the subdivider agrees to make improvements which will, in the opinion of the
City Engineer, make the area completely safe for occupancy, and provide adequate
street and lot drainage.
.
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Subdivision 5. No plat will be approved for subdivision that does not
meet the requirements specified in Section 12.20, Minimum Subdivision Design
Standards, and Section 12.30, Public Sites and Open Spaces.
Source: Ordinance No. 706
Effective Date: 12-11-87
(Sections 12.13 through 12.19, inclusive, reserved for future expansion.)
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SECTION 12.20. MINIMUM SUBDIVISION DESIGN STANDARDS.
Subdivision 1. Street Plan. The arrangement, character, extent, width,
grade and location of all streets shall be considered in their relation to existing and
planned streets, to reasonable circulation of traffic, to topographical condition, to runoff
of surface water, to public convenience and safety, and in their appropriate relation to
the proposed uses of the land to be served by such streets. The arrangement of streets
in new subdivisions shall make provisions for the appropriate continuation of the
existing streets in adjoining areas. Where adjoining areas are not subdivided, the
arrangement of streets in new subdivisions shall make provision for the proper
projection of streets. When a new subdivision adjoins unsubdivided land susceptible to
being subdivided, then the new streets shall be carried to the boundaries of the tract
proposed to be subdivided.
Subdivision 2. Streets.
A. Widths. All right-of-way widths shall conform to the following
minimum dimensions:
Major & Minor Arterials
Collector Streets
Local Streets
Cul-de-sac Streets
Marginal Access Streets
Local Streets in Industrial Area
80 to 100 feet
70 feet
60 feet
60 feet
60 feet
70 feet
B. Street Deflection. When connecting street lines deflect from
each other at anyone point by more than ten degrees, they shall be connected by a
curve with a radius adequate to insure a sight distance of not less than 200 feet for
minor and collector streets, and of such greater radii as the Council shall determine for
special cases.
C. Reverse Curves. Tangents of at least 50 feet in length shall be
introduced between reverse curves on collector streets.
D. Street Grades. All center line gradients shall not be less than 0.4
percent, and shall not exceed the following:
Collector Streets
Minor Streets
4 percent
8 percent
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E. Vertical Curves. Different connecting street gradients shall be
connected with vertical parabolic curves. Minimum sight distance of 200 feet must be
provided.
F. Local Streets. Minor streets shall be so aligned that their use by
through traffic will be discouraged.
G. Street Jogs. Street jogs shall not have center line offsets of less
than 125 feet.
H. Safe Intersections. All street intersections and confluences shall
be designed to encourage safe and efficient traffic flow.
Source: Ordinance No.706
Effective Date: 12-11-87
I. Cul-de-sac. A cul-de-sac street shall be measured along its
center line from a point in the extended line from the back of the curb line of the
intersecting street of origin to the back of the curb line of the cul-de-sac at its closed
end. If there is no curb, the measurement shall be made from the corresponding edge
of the improved surface of the roadway.
Maximum length of a cul-de-sac street shall be 500 feet. Except as
provided hereinafter, each cul-de-sac shall have a closed end turnaround with an
outside diameter of the improved roadway surface of at least 100 feet and a street right-
of-way diameter of at 120 feet.
Alternatively, if the proposed cul-de-sac street is 190 feet or less in
length, the subdivider may apply for a reduced turnaround having an outside roadway
diameter of at least 90 feet and a street right-of-way diameter of at least 100 feet. Since
such reduction in size may increase the difficulty of street maintenance or fire
prevention activities, the Director of Public Works or the Fire Marshall may require
limitations regarding the type, placement or replacement of any structures or plantings
to be located in or within 10 feet of the cul-de-sac right-of-way. Structures for purposes
of this paragraph shall include fences, fire hydrants, light poles, mail boxes, utility boxes
or poles, etc. The Director of Public Works may also impose additional limitations
concerning the location and width of driveways accessing all lots with frontage on the
reduced turnaround cul-de-sac street and, in no event may the width of a driveway
exceed 50% of the width of the lot it accesses as measured at the roadway by
extending the side lot lines to the back of the curb line.
Source: Ordinance No. 93, 2nd Series
Effective Date: 6-25-92
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J. Marginal Access Streets. Where a subdivision abuts on or
contains an existing or planned thoroughfare, the Council may require marginal access
streets or such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local traffic.
K. Half Streets. Half streets shall be prohibited, except where
essential to the reasonable development of the subdivision in conformity with the other
requirements of this Chapter and where the Council finds it will be practicable to require
the dedication of the other half when the adjoining property is subdivided. Wherever
there is a half street adjacent to a tract to be subdivided, the other half of the street
shall be platted within such tract.
L. Railroad or Limited Access Highways Abutting Subdivisions.
Where a subdivision borders on, or contains a railroad right-of-way or limited access
highway right-of-way, the Council may require a street approximately parallel to and on
each side of such right-of-way at a distance suitable for the appropriate use of the
intervening land. Such distances shall also be determined with due regard for the
requirements of approach grades and future grade separations.
M. Private Streets. Private streets shall not be approved for platting
nor shall public improvements be approved for any private street except as permitted by
Section 11.55 of the Zoning Chapter (Planned Unit Development).
N. Hardship to Owners of Adjoining Property to be Avoided. The
street arrangements shall not be such as to cause hardship to owners of adjoining
property in platting their own land and providing convenient access to it.
Subdivision 3. Easements.
A. Provided for Utilities. Easements at least 12 feet wide centered
on rear and other lot lines shall be provided for utilities, where necessary, and shall be
dedicated to the City by appropriate language in the owner's or subdivider's certificate.
They shall have continuity of alignment from block to block, and at deflection points
easements for pole-line anchors shall be provided where necessary.
B. Provided for Bassett's Creek. Where a proposed subdivision is
traversed by, or is adjacent to, Bassett's Creek, easements for maintenance to the City
or Bassett's Creek Commission shall be provided on both sides at least 50 feet in width
measured from the bank of Bassett's Creek. The bank is the rising ground bounding the
creek where non-aquatic growth is present.
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Subdivision 4. Blocks.
A. Factors Governing Dimensions. Block length and width or
acreage within bounding roads shall be such as to accommodate the size of residential
lots required in the area by the Zoning Chapter and to provide for convenient access,
circulation, control and safety of streettraffic.
B. Non-Residential Blocks. Blocks intended for commercial,
institutional and industrial use must be designated as such.
C. Lengths. Block lengths shall not exceed 1200 feet.
D. Arrangement. A block shall be so designed as to provide two
tiers of lots, unless it adjoins a railroad or limited access highway or other non-
residential use(s), where it may have a single tier of lots.
Source: Ordinance No. 706
Effective Date: 12-11-87
Subdivision 5. Lots.
A. Minimum Requirements. All lots shall meet the minimum area
and dimension requirements of the zoning district in which they are located. The front of
each lot shall abut entirely on an improved public street, and the minimum front setback
line shall be established thirty-five (35) feet distant from the street right-of-way line.
B. Corner Lots. Corner lots shall be platted at least twenty feet
wider than the required minimum lot width as required by the Zoning Chapter.
C. Features. Due regard shall be shown for all natural features,
such as tree growth, water course, historic spots or similar aspects, which if preserved
will add attractiveness and stability to the proposed development.
D. Lot Remnants. All remnants of lots below minimum size left over
after subdividing of a larger tract must be added to adjacent lots, rather than allowed to
remain as unusable parcels.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
(Sections 12.21 through 12.29, inclusive, reserved for future expansion.)
GOLDEN VALLEY CC
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9 12.30
SECTION 12.30. PUBLIC SITES AND OPEN SPACES.
Subdivision 1. Parks, Playgrounds, Open Spaces, Storm Water
Holding Areas and Ponds. In all plats or subdivisions to be developed for residential,
commercial, industrial or other uses, or as a planned unit development which includes
residential, commercial, industrial or other uses, or any combination thereof, the
Council may require a reasonable portion of such proposed subdivision to be dedicated
to the public for public use as parks, playgrounds, public open space or storm water
holding areas or ponds, with up to ten (10) percent of the gross area being subdivided
be so dedicated. The Council may in the alternative require the subdivider to contribute
an equivalent amount in cash based on the fair market value of the undeveloped land
involved in the proposed subdivision. The cash funds realized therefrom to be placed in
a special fund with the Finance Director and used only for the acquisition of other lands
for parks, playgrounds, public open spaces, storm water holding ponds, development of
existing park and playground sites and debt retirement in connection with land
previously acquired for such public purposes. In determining the reasonable portion of
each such proposed subdivision to be thus dedicated, including the minimum
requirement as specified herein, there may be taken into consideration the amount of
open space, park, recreational or common areas and facilities which the subdivider has
provided for the exclusive use of the residents of the subdivision. The Council shall not
be bound thereby in making its determination of the portion it requires to be dedicated
pursuant to the terms of this Section. Where any such dedicated area is located in part
or in whole within a proposed subdivision, the area for the same shall be designated on
the plat and shall not be subdivided into lots. The Council may, by resolution, establish
additional guidelines for determining the proper dedication to the public.
Source: Ordinance No. 706
Effective Date: 12-11-87
(Sections 12.31 through 12.39, inclusive, reserved for future expansion.)
GOLDEN VALLEY CC
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SECTION 12.40. FINAL PLAT.
Subdivision 1. Application. After the preliminary plat has been approved
by the Council, the subdivider must apply for approval of the final plat. The application
must be made within 180 days of the approval by the Council of the preliminary plat
unless an extension is made by the Council. The subdivider shall submit seven (7)
copies of the final plat (in conformance with the approved preliminary plat). The
subdivider shall also provide one copy of the final plat to each utility company
(telephone, electric, gas and cable TV). At this time, the subdivider shall also furnish the
City with the Abstract of Title or Registered Property Abstract.
Subdivision 2. Approval of Final Plat. The Council shall grant approval
of the final plat, refer the final plat to the Planning Commission for additional study, or
disapprove the final plat stating the reasons for such action which shall be recorded in
the minutes of the meeting. Action to approve the plat shall be by resolution of the
Council and shall be taken within 60 days of the preliminary approval if the subdivider
so requests and has complied with all the conditions, requirements and provisions of
this Subdivision Chapter.
A. Before the Council gives approval to the final plat, a review of
the certified Abstract of Title or the Registered Property Abstract by the City Attorney
showing title or control of the property being subdivided by the subdivider may be
required. The applicant shall pay all costs of such review by the City Attorney.
B. The final plat may include only that portion of the preliminary plat
which the owner or subdivider proposes to record or develop, provided that such portion
conforms with all of the requirements of this Chapter.
C. If the plat is approved, the subdivider shall submit two
reproducible copies of the final plat for signing by the proper City officials, one of which
will be retained by the City for their records.
Subdivision 3. Filing.
A. Filing. After the final plat has been approved by the Council, the
subdivider shall file it for recording with the County Recorder or the Registrar of Titles
within sixty (60) days of the date of the resolution approving the final plat. If not filed
within sixty (60) days, the final plat shall be null and void unless an extension is given
by the Council.
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B. Proof of Filing. The subdivider shall immediately upon recording,
furnish the City with three (3) prints of the final plat with recording data shown on the
plat. No building permits shall be issued on any of the platted property until the City has
received the above copies of the plat.
SECTION 12.41. NECESSARY DATA FOR FINAL PLAT.
Subdivision 1. General. The final plat shall be prepared by a registered
surveyor and shall conform to all City, State and County requirements.
Source: Ordinance No. 706
Effective date: 12-11-87
Subdivision 2. Additional Delineation and Information Required on the
Plat Shall Include:
A. Accurate angular and lineal dimensions for all lines, angles, and
curvatures used to describe boundaries, streets, alleys, easements, areas to be
reserved for public use, and other important features. Dimensions of lot lines shall be
shown in feet and hundredths.
B. An identification system for all lots and blocks.
C. True angles and distances to the nearest established street lines
or official monuments (not less than three) shall be accurately described in the plat.
D. Municipal, township, or section lines accurately tied to the lines
of the subdivision by distances and angles.
E. Radii, internal angles, points and curvatures, tangent bearings,
and lengths of all arcs.
F. Accurate location of all monuments.
G. Accurate outlines of any areas to be dedicated or reserved for
public use, or for the exclusive use of property owners within the subdivision with the
purposes indicated therein.
H. Certification by a registered surveyor in the form required by
Section 505.03 Minnesota Statutes, 1985.
GOLDEN VALLEY CC
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I. Execution by all owners of any interest in the land and any
holders of a mortgage thereon of the certificate required by Section 505.03 Minnesota
Statutes, 1985, and which certificate shall include a dedication of the utility easements
and other public areas in such form as shall be approved by the Council.
J. Certifications showing that all taxes and special assessments
currently due on the property to be subdivided have been paid in full.
K. Form of approval of the Council as follows:
GOLDEN VALLEY, MINNESOTA
This plat of has been approved and accepted by
the City of Golden Valley, Minnesota, at a regular meeting thereof, held this day of_,
19 _. If applicable, the written comments and recommendations of the Commissioner
of Transportation and the County Highway Engineer have been received by the City or
the prescribed 30 day period has elapsed without receipt of such comments and
recommendations, as provided by Minnesota Statutes, Section 505.03, Subdivision 2.
CITY COUNCIL OF GOLDEN VALLEY, MINNESOTA
Mayor
Clerk
L. Form for approval by County authorities as required.
SECTION 12.42. REQUIRED IMPROVEMENTS.
Subdivision 1. Statement of Policy. It is hereby declared to be the policy
of the City to require in new subdivisions installation of sanitary sewer, storm sewer,
watermain, street grading, concrete curb and gutter, and street surfacing. The following
improvements shall be installed at the sole expense of the developer: (1) adequate
surface water drainage; and (2) street grading of the full width of the right-of-way. In the
case of the improvements set forth below, the developer shall submit a legally sufficient
petition for the installation of the same. Such petition must be submitted prior to, or at
the time of, the request for final plat approval.
A. Sanitary Sewer. To serve the entire subdivision including service
connection, extended to the property line, for each lot.
B. Watermain. To serve the entire subdivision including valves, fire
hydrants and service connections (extended to the property line) to serve each lot.
GOLDEN VALLEY CC
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C. Street Surfacing. All streets shall be improved with permanent
surfacing to overall width in accordance with the following minimum standards:
Tvpe of Street
Major & Minor Arterials
Collector
Local & Cul-de-sac
Marginal Access
Local Streets in Industrial
Areas
Pavement Width
(between face & curb)
48 feet (minimum)
32 feet (minimum)
30 feet
24 feet (minimum)
36 feet (minimum)
Load Limit
9 ton minimum
9 ton minimum
7 ton minimum
7 ton minimum
9 ton minimum
D. Curb and Gutter. All streets shall be improved with concrete curb
and gutter.
E. Utilities. All new utilities shall be placed underground.
SECTION 12.43. MONUMENTS AND OTHER MARKERS.
Subdivision 1. No Final Plat Shall be Approved by the Council Unless the
Owner or Subdivider:
A. Shall have installed survey monuments at all block corners,
angle points, points of curves in streets and at intermediate points as shown on the final
plat.
B. Shall have installed cast iron monuments, as approved by the
Hennepin County Surveyor, at each corner or angle on the outside border.
C. Shall have installed pipes or steel rods at the corners of each lot
and at each intersection of street centerlines.
D. Shall have preserved in precise position, all United States,
State, County or other official benchmarks, monuments or triangulations, stations in or
adjacent to the property, all as required by the City Engineer.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-12-90
(Sections 12.44 through 12.49, inclusive, reserved for future expansion.)
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SECTION 12.50. MINOR SUBDIVISIONS AND CONSOLlDA liONS.
Subdivision 1. Eligibility for Application. In keeping with Minnesota
statutes 1989, 462.358 Subdivision 1 a, which allows for the establishment of more than
one class of subdivision and more than one set of regulations, certain proposed land
subdivisions and consolidations may qualify for application under this section. For such
applications, the standards, requirements, and procedures cited herein shall supersede
their counterparts in Sections 12.10, 12.11, 12.12, 12.20, 12.30, 12.40 and 12.42 of this
ordinance. Each of the following conditions must be met to establish eligibility:
A. The land to be subdivided or consolidated must be part of a
recorded plat or a recorded Registered Land Survey (RLS).
B. Consolidations may involve any number of parcels, but
subdivisions shall be limited to the creation of four or fewer lots from one or more
original parcels.
C. The subdivision or consolidation shall not necessitate any
additional public investment in new roads or utilities to serve the lots.
Subdivision 2. Components of Application. Application for a minor
subdivision or consolidation shall be made on forms furnished by the City. A filing fee
set by Council resolution shall accompany the application. The applicant shall also
furnish fifteen (15) copies of a sketch showing the following:
A. North arrow and scale (no smaller than 1" = 100').
B. Overall dimensions of the property and of each internal property
division.
C. Square footage of the overall property and of each internal
property division.
D. Location of all public utilities, streets, driveways, and easements,
adjacent to or on the property.
E. Location and dimensions of any existing buildings, and
distances to nearest existing or proposed lot lines on all sides.
F. Any other information specific to the particular site and required
for the complete evaluation of the application. Such information shall be supplied at the
expense of the applicant.
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Subdivision 3. Conditions for Approval or Denial.
A. Minor subdivisions or consolidations shall be denied if the
proposed lots fail to meet all of the requirements of the appropriate zoning district.
Furthermore, the front of each lot shall abut entirely on an improved public street, and
the minimum front setback line shall be established 35 feet distant from the street right-
of-way line. Lots without the full required width shall not be approved. Corner lots shall
be twenty (20) feet wider than the minimum width established in the zoning ordinance.
B. Minor subdivisions may be denied upon the City Engineer's
determination that the buildable portion of a resulting new lot is encumbered by steep
slopes or excessive wetness. Alternatively, approval of the minor subdivision may be
conditioned on the applicant's submittal of a certified engineer's study showing how the
lot(s) may be so reconditioned as to allow development without adversely affecting
adjacent sites.
C. Minor subdivisions may be denied if public sewer and water
connections are not directly accessible by each proposed lot. Alternatively, approval of
the minor subdivision may be conditioned on the applicant's obtaining the necessary
easements across adjacent properties to the nearest reasonable point of public sewer
and water connection.
D. Approval of minor subdivisions shall be conditioned on the
applicant's granting of easements for necessary public purposes, as determined by the
City.
E. Where public agencies other than the City have some.form of
jurisdiction over an area including or directly affected by a proposed minor subdivision,
approval of that minor subdivision may be conditioned on the requirements of the
outside agency. Such agencies shall include but not be limited to the Hennepin County
and Minnesota State Departments of Transportation, the Department of Natural
Resources. and the Bassett Creek Water Management Commission.
F. If applicant is required to submit to a review of the property's title
pursuant to Subdivision 4c of this section, then approval of the minor subdivision shall
be conditioned on the applicant's resolution of any title issues raised by the City
Attorney.
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G. Minor subdivisions of nonresidential parcels may be denied
upon the City Engineer's determination that new development on the resulting lot(s) will
cause undue strain on adjacent roads or on public utilities or will adversely affect
adjacent r~sidential, institutional, or public land uses. Alternatively, approval of the
minor subdivision may be conditioned on the applicant's agreeing to take specific action
to mitigate the strain or adverse affect.
H. Approval of residential minor subdivisions shall be conditioned
on the payment of a park dedication fee in an amount established by Council resolution.
I. The conditions spelled out in this subdivision shall provide the
only basis for denial of a minor subdivision or consolidation except for the additional
conditions imposed on double bungalow lots in Subdivision 5. Approval will be granted
to any application that meets the established conditions. Additionally, an applicant may
request a waiver from specific conditions imposed in this subdivision by applying for a
variance in accordance with Section 12.54.
Subdivision 4. Application Review Process.
A. The completed application shall be received by the staff of the
Planning Department. An informal public hearing by the Planning Commission shall be
scheduled to take place within thirty (30) days of application acceptance. At least ten
(10) days prior to the hearing date, notice of the hearing shall be mailed to the owners
of all property within 500 feet of the subject property. The Planning Commission shall
consider the conditions established in Subdivision 3 and shall make a recommendation
to the City Council on whether to approve or deny the proposed minor subdivision or
consolidation.
B. After review and recommendation by the Planning Commission,
the application shall be formally heard by the City Council. At least ten (10) days prior to
the hearing date, legal notice shall be published in the official newspaper of the City,
and notices shall be mailed to the owners of all property within 500 feet of the subject
property .
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C. If preliminary Council approval is granted, the applicant shall
have a final plat prepared in accordance with Section 12.41. and in conformance with
the sketch approved by the Council. At this time, the applicant may be required to
submit, for review by the City Attorney, a current Certified Abstract of Title or a current
Registered Property Abstract for the property. The cost of this review shall be borne by
the applicant. Unless an extension is requested by the applicant and granted by the
Council, the plat and evidence of clear title shall be completed and submitted to the City
within 180 days of Council approval. Two hard shell copies of the plat shall be furnished
by the applicant for signing. Except as otherwise authorized by the Council, all
conditions placed on the approval shall be fulfilled by this time. When these
requirements have been met the Council shall pass a resolution approving the plat.
D. A certified copy of the resolution approving the final plat,
together with one copy of the final plat, shall be recorded with Hennepin County. The
filing of the plat must be done by the applicant within sixty (60) days of the approval of
the resolution. The other hard shell copy shall be filed with the City. Proof of filing of the
final plat must be submitted to the City prior to issuance of any building permits on the
properties.
Subdivision 5. Minor Subdivision for Double Bungalow.
A. If the conditions for Subdivision 1. above are met, then a lot
occupied or proposed to be occupied by a double bungalow may be split along the
party line to provide individual ownership of each unit. The components of application
shall be as specified in Subdivision 2. above. The application review process shall be
as outlined in Subdivision 4. above, except that the conditions for approval shall also
include Paragraph B of this subdivision.
B. All of the following conditions shall be met before a minor
subdivision for double bungalow shall be approved:
1. The two newly created lots shall individually be exempt
from the minimum lot size and width requirements found in the R-2 Residential Zoning
District provisions of the zoning ordinance, but in combination the lots shall meet said
requirements. Other requirements of Subdivision 3. above shall be met as stated.
2. The property and structure must be able to be split into
two (2) substantially equal sections, except as necessary to meet the wider corner lot
requirement, and except that developmentally unsuitable portions of a lot may be
discounted.
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3. The structure must meet current building code standards
for fire wall separation, which may be created by new construction or an addition to
existing construction.
4. Separate utility services must be provided.
5. The owner of the property to be subdivided shall execute
and record at owner's expense a "Declaration of Covenants, Restrictions and
Conditions". Said document shall be used to protect the rights of the individual owners
sharing the single structure as to maintenance and repair and reconstruction in case of
damage to the original structure. Specifically, it shall provide protection to the property
owners and the City on the following:
(a) Building and use restriction.
(b) Party walls and other necessary common
easements, including utilities and access.
(c) Submission to binding arbitration of disputes
between owners.
6. The City shall be a beneficiary to these "Declarations of
Covenants, Restrictions and Conditions". They shall be submitted for review by the
Planning Commission and the Council at the time the proposed subdivision is reviewed.
The City Attorney shall also review the "Declarations of Covenants, Restrictions and
Conditions". Changes to the document shall be made if so recommended by the City
Attorney. The cost of such review shall be paid by the applicant.
7. No building permit shall be issued on any of the property
until proof of recording the "Declarations of Covenants, Restrictions and Conditions"
has been submitted to the City.
8. Any other conditions shall be imposed that the City deems
necessary to assure compatibility with surrounding structures or to assure a reasonable
division of property.
SECTION 12.51. COPIES OF FINAL PLATS. Copies of all plats of subdivisions,
after the same have been submitted and approved as provided in this Chapter, shall be
filed and kept among the records of the City.
GOLDEN VALLEY CC
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SECTION 12.52. BUILDING PERMIT. No building permit shall be issued for the
construction of any building, structure or improvement on any land required to be
subdivided by this Chapter until all requirements have been fully complied with.
SECTION 12.53. CONVEYANCE BY METES AND BOUNDS. No transfer of
ownership of land may occur in which the land is described: (1) by metes and bounds;
(2) by reference to an unapproved registered land survey made after April 21, 1961; or,
(3) to an unapproved plat made after the effective date of this Chapter. However,
transfers of ownership of land may occur as found in Minnesota Statutes 1989,
462.358, Subdivision 4b, (1), (2), (3), (4), (5), and (6). Any person seeking a waiver of
the requirements for platting as provided in the aforementioned Section of the
Minnesota Statutes shall make an application to the Planning Department accompanied
by a fee as determined by Council resolution.
SECTION 12.54. VARIANCES.
Subdivision 1. Generally.
A. The Council may grant a variance from this Chapter following a
finding that all of the following conditions exist:
1. There are special circumstances for conditions affecting
said property so that the strict application of the provisions of this Chapter would create
an unusual hardship and deprive the applicant of the reasonable use of his land.
Economic difficulty or inconvenience shall not constitute a hardship situation for the
purpose of this ordinance.
2. The variance is necessary for the preservation and
enjoyment of a substantial property right of the petitioner.
3. The granting of the variance will not be detrimental to the
public welfare or injurious to other property in the neighborhood in which said property
is situated.
B. In making this finding the Council shall consider the nature of the
proposed use of land and the existing use of land in the vicinity, the number of persons
to reside or work in the proposed subdivision and the probable effect of the proposed
subdivision upon traffic conditions in the vicinity. In granting a variance, as herein
provided, the Council may prescribe such conditions as it deems desirable or necessary
in the public interest.
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Subdivision 2. Applications Required. Application for any such variance
shall be made in writing by the owner or subdivider at the time when the preliminary plat
is submitted for the consideration of the Planning Commission, stating fully and clearly
all facts or other additional data which may aid the Planning Commission in the analysis
of the proposed project. The plans for such development shall include such covenants,
restrictions or other legal provisions necessary to guarantee the full achievement of the
plan. The Council may require review or approval of the variance request by other
agencies including the U.S. Army Corps of Engineers, the Bassett's Creek Commission
and the Minnesota Department of Natural Resources.
Source: Ordinance No. 34, 2nd Series
Effective date: 4-12-90
(Sections 12.55 through 12.98, inclusive, reserved for future expansion.)
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SECTION 12.99. VIOLATION A MISDEMEANOR. Every person violates a
section, subdivision, paragraph or provision of this Chapter when such person performs
an act thereby prohibited or declared unlawful, or fails to act when such failure is
thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished
as for a misdemeanor except as otherwise stated in specific provisions hereof.
Source: Ordinance No. 706
Effective Date: 12-11-87
GOLDEN VALLEY CC
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CV1. Lows
PoK"~
Article IV. Zoning Districts
DIVISION 3. RESIDENTIAL DISTRICT REGULATIONS
Sec. 36-161. Purpose of division.
The provisions of this division deal with the residential use ofland and structures in the city.
(Code 1976, S 14:5-4)
Sec. 36-162. Restrictions and performance standards.
(a) Purpose. The city council finds that in areas set aside by this chapter for residential development
certain performance standards are desirable in order to preserve neighborhood character, public health and
safety, property values, and allow all residents a reasonable use and enjoyment of property. To this
purpose, the city council finds that the use and possession of commercial and recreational vehicles are an
important factor in the lives of a substantial number of residents of the city. The council finds that certain
types and sizes of commercial and recreational vehicles, the improper storage of commercial and
recreational vehicles, and the parking of and storage of excessive numbers of vehicles can affect the
neighborhood character as well as public health and safety, property values, and the reasonable use and
enjoyment of neighboring properties. While the ability of recreational vehicle owners to provide for the
security of and access to their vehicles is a reasonable expectation, they have a responsibility to respect
the rights of residents, owners, and users of neighboring properties and to avoid interference with the
purposes of the zoning district in which they are located. The city council further finds that the
establishment of these regulations furthers the goals in the city's comprehensive plan relative to
enhancement of residential neighborhoods and similar goals expressed in Vision S1. Louis Park. The city
council establishes these regulations as a means to balance the interests of the owners of commercial and
recreational vehicles, adjacent residents and the public.
(b) Definitions. For the purpose of subsections (c)(7), (c)(8), (c)(9) and (c)(lO) of this section, the
listed terms are defined as follows:
Back yard means the area between a line created by extending the rear face of the principal building and
the rear lot line.
Front yard means the area between a line created by extending the front face of the principal building and
the street in front of the house.
Side yard means area between the front and back building walls and the side lot line.
(c) General provisions. No structure or premises within any R district shall be used for one or
more of the following uses unless its use complies with the following regulations:
(1) All trash, garbage, waste materials, trash containers, and recycling containers shall be stored in a
manner provided in this chapter.
(2) The stopping, standing or parking of any motor vehicle, recreation vehicle, or commercial vehicle
is subject to all restrictions in this subsection and under section 36-361.
(3)
All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall
be placed underground when used with all new structures or additions which expand the gross
square footage of a structure by more than 50 percent unless used for service to single-family or
two-family houses. In addition, any new service to an existing building other than a single-family
or two-family dwelling shall be placed underground.
,
"'t .~.. l.!.
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.
.
(4) All access roads shall have a poured-in-place concrete curb measuring at least six inches above
and below the grade in all developments except developments of single-family or two-family
dwellings.
(5)
Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks
shall be provided where practically possible for all developments except developments of single-
family or two-family dwellings.
(6) All single-family and two-family homes shall:
a. Be built on a permanent foundation;
b. Be connected to the city sanitary sewer and water; and
c. If the home is a manufactured home, it shall:
1. Have a permanent, completely enclosed foundation which complies with the state
manufactured home building code and which is constructed around the entire
circumference of the structure.
2. Meet the standards and be certified by the U.S. Department of Housing and
Urban Development.
(7) Accessory structures shall comply with the following regulations:
a. Location--
1.
Accessory buildings shall be erected or located within the back yard as defined in
subsection (b) above, except that a detached accessory building, designed and
used as a garage and meeting the provisions of subsections 2 and 3 below, may
be located within a side yard unless it abuts a street. No accessory building shall
be located in the front yard as defined in subsection (b) above.
2. A detached garage located 60 feet or more from the front lot line shall meet the
following locational provisions:
1. Garages where the building dimensions do not exceed 15 feet in height
and/or 26 feet in length or width shall be located a minimum of two feet
from any lot lines.
11. Garages where the building dimensions exceed 15 feet in height and/or
26 feet in length or width shall be located the following minimum
distances from any lot lines:
District Min. Interior Side Yard Min. Rear Yard Min. to Alley
R-l 9 feet 25 feet 2 feet
R-2 7 feet 25 feet 2 feet
R-3 9 feet 25 feet 2 feet
111. Garages on alleys shall be located and designed to maintain adequate
visibility and vehicle turning movements.
IV.
Eaves, overhangs, gutters or other extensions from the roof of the
structure shall be located a minimum of 16 inches from any property
line.
,
1,1 It!
3. No accessory building, including a detached garage, shall be located within a side
or rear yard abutting a street.
.
4.
No accessory building other than a detached garage meeting the requirements of
subsection 2 above shall be located within three feet of any lot line.
5. All accessory buildings and structures shall be located to comply with the
principal building yard requirements unless exempt by this section or section 36-
73.
6. No accessory building or permanent structure shall be located in a drainage or
utility easement without first obtaining approval of an encroachment agreement.
b. Size--
1. Accessory buildings on single-family lots in the R-l, R-2 and R-3 Districts and
on non-conforming two-family lots:
1. The total cumulative ground floor area of all accessory buildings
(detached garages, storage sheds and other accessory buildings) shall not
exceed 25 percent of the area between the principal structure and rear lot
line.
n. The total cumulative ground floor area of all accessory buildings shall
not exceed 800 square feet, unless approved as a conditional use.
2. Accessory buildings on conforming two-family lots in the R-3 or R-4 District:
.
1.
The total cumulative ground floor area of all accessory buildings shall
not exceed 25 percent of the area between the principal structure and rear
lot line.
No single accessory building may exceed 800 square feet in total area
and the cumulative area of all accessory buildings shall not exceed 1,200
square feet unless approved as a conditional use.
n.
3. The total cumulative ground floor area of all accessory buildings shall be smaller
than the ground floor area of the principal building on the lot.
c. Height--
1. Detached garages - Shall not exceed 15 feet or 22 feet in height as measured in
accordance with section 36-4 depending upon the location as specified in section
36-162(c)7.a above.
2. Parking ramps--Height is regulated by sections 36-166 and 36-167.
3. Other accessory buildings and structures hall not exceed 15 feet in height as
measured in accordance with section 36-4 unless exempt by section 36-78.
4. The height of all accessory buildings and structures shall be lower than the
highest point of the principal building unless exempt by section 36-78.
.
d.
Design--
nt 1f1
1.
2.
.
3.
All detached garages and other accessory buildings shall be compatible in design
and materials to the principal building on the parcel.
All detached garages and other accessory buildings shall have a minimum 3/12
pitch on any roof section, unless approved as a conditional use.
No plumbing for kitchen or bathroom facilities (including but not limited to
toilets and showers) is allowed in any detached garage or other accessory
building. Hose bibs and utility sinks are allowed.
4. Floor drains in garages and other accessory buildings must be connected to
sanitary sewer as approved by the city.
5. No part of any window, door, skylight or similar openings shall be located in the
second story of a detached garage unless approved as a conditional use.
6. Second stories of detached garages may only be used for storage, unless another
use is approved as a conditional use.
e. Accessory buildings as part of the principal buildings--Accessory buildings located less
than six feet from a principal building on the same lot shall be considered part of the
principal building for the purpose of applying provisions of this chapter.
f. Garages below grade level--Where the natural grade of a lot at the building line of a
house is eight feet or more above the established curb level, a private garage may be
erected within any yard provided one-half or more of its height is below grade level and it
is located a minimum of ten feet from any street line and five feet from any side lot line.
g.
Permit required--All accessory buildings (including storage buildings 120 square feet or
less in area) shall obtain a zoning or building permit prior to installation and must be
anchored in a manner approved by the city.
.
(8) Except as provided in subsections (c )(9) and (c )(15) of this section, no motor vehicle, recreational
vehicle, commercial vehicle, or trailer shall be permitted to stand or park in any R district which
exceeds any of the following:
a. Eight feet in height, measured from the ground to the highest point on the vehicle at
recommended tire pressure. For the purpose of measuring height, all accessories,
attachments, and materials carried upon a vehicle shall be considered part of the vehicle;
b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the
horizontal distance between the front and rear edges of the trailer bed. For the purpose of
measuring length, all accessories, attachments, and materials carried upon a vehicle shall
be considered part of the vehicle or trailer bed; or
c. Six thousand five hundred pounds, empty weight including the box.
(9) One recreational vehicle which exceeds any of the limits set forth in subsection (c )(8) of this
section and is owned by the occupant of the premises can be parked in the back yard area if:
a. The vehicle is parked no closer than five feet from any property line.
b.
If the property is a multifamily property, the vehicle must be stored on a concrete or
bituminous surface and the parking space must be in excess of the minimum number of
parking spaces required by this chapter.
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c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and
plant materials which at maturity have the ability to screen 100 percent of the height and
100 percent of the length of the vehicle with a minimum of 50 percent'opacity from view
from:
1.
Any park.
2. Any abutting residentially developed property.
3. Any street which abuts the back yard.
The fence and plant materials shall be located in such a manner that visibility is maintained as
required in section 36-76. A six-foot-high gate may be placed in the fence to allow for ingress and
egress. Plant materials may be omitted at points of ingress and egress but the gap in landscaping
may not exceed the width of the vehicle plus two feet.
(10) The following provisions shall apply to the parking and storage of vehicles on residential parcels
in the R-l, R-2 and R-3 districts:
a.
No more than three vehicles can be parked or stored outside an enclosed building at a
single-family residence. For a duplex, six vehicles can be parked or stored outside. If
there are more than three persons residing at a single-family dwelling who have valid
state driver's licenses showing the residence address, then the total number of vehicles
allowed to be parked outside is increased to a number equal to the number of licensed
drivers residing at the property not to exceed five vehicles. The provisions of this
subsection shall not apply during snow emergencies.
No more than two nonpassenger vehicles can be parked on a residential lot outside of an
enclosed building. Except as permitted in subsection (c )(9) of this section, vehicles shall
be stored on a designated parking space. Nonpassenger vehicles cannot be parked or
stored in a front yard or a side yard abutting a street except as allowed under subsection
(c)(10)g. of this section.
b.
c. Only commercial vehicles which do not exceed any of the size requirements under
subsection (c )(8) of this section and are designed exclusively for on-street use can be
parked on residential lots outside an enclosed building. Commercial vehicles shall be
parked only within a garage or on a designated parking space and cannot be parked or
stored in a front yard or a side yard abutting a street except as permitted under subsection
(c)(10)g. of this section.
d. Except as permitted in subsection (c )(9) of this section, all vehicles must be stored on a
surface improved for driveway purposes with an approved paving surface.
e. No more than one recreational vehicle which exceeds the size requirements in subsection
(c)(8) of this section can be parked on a residential lot outside an enclosed building.
f. No nonpassenger vehicle can be parked within five feet of an interior side lot line or rear
lot line.
g. No nonpassenger vehicle can be parked within the front yard or within a side yard
abutting a street except where designated parking space is permitted under subsection 36-
36l(b)(3)1. Under no circumstances can a nonpassenger vehicle which exceeds the size
limitations in subsection (c )(8) of this section be parked in a front yard.
h.
No nonpassenger vehicle can be parked on a residential lot if the vehicle is not owned or
leased by the occupant of the premises where it is parked or is a commercial vehicle
owned by the employer of an occupant who is using the vehicle for business purposes.
III 11:
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1. Only one tow truck can be parked on a residential property.
J.
Parking is not permitted within a driveway in the R-l, R-2 or R-3 district within five feet
of the curb of a public street. In the absence of a curb, parking shall not be permitted
within five feet of the traveled public roadway, In no event can a vehicle be parked in
such a manner as to block a public sidewalk.
k. The total area in the front yard of a single-family lot improved for parking and driveway
purposes shall not exceed 30 percent of a front yard area. Additionally, the average width
of a driveway shall not be more than 22 feet. This provision will not prohibit an average
driveway width of up to 22 feet for all single-family lots.
1. Recreational vehicles six feet in height or less at their highest points may be parked in
one nondriveway side yard on a residentially zoned lot provided that they are ten feet or
more from the adjacent residence, do not extend beyond the front building wall of the
house, and are screened from the street and from the adjacent neighbor with a 90 percent
opaque fence with a height at least equal to the height of the highest point of the vehicle
to be screened. A fence-height gate may be placed in the fence to allow for ingress and
egress.
(11) One vehicle with an attached snowplow can be parked outside of an enclosed building between
November 1 or the first two-inch snowfall, whichever occurs first, and April 30. This vehicle will
be considered to be a commercial vehicle when applying this chapter.
(12) Snowplows and other commercial equipment must be stored within an enclosed structure when
not attached to a vehicle.
(13)
Outdoor storage of fish houses is not permitted on a residential lot.
(14) On-street parking of non passenger vehicles is not permitted within any R district.
(15) The following are exempt from the provisions in this subsection:
a. Any vehicle being used in conjunction with a temporary service benefiting the property.
b. Vehicles used in conjunction with authorized construction sites between 7:00 a.m. and
10:00 p.m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on weekends
and holidays.
c. Vehicles used in conjunction with authorized public works construction.
d. Recreational vehicles can be parked temporarily while being loaded or unloaded or
during routine maintenance and servicing not exceeding 48 consecutive hours.
(Code 1976, 99 14:5-4, 14:5-4.1; Ord. No. 2202-01,92,8-20-2001; Ord. No. 2232-02,92,11-4-2002)
Sec. 36-163. R-1 single-family residence district.
(a) Purpose and effect. The purpose of the R-l single-family residence district is to provide
appropriately located areas for single-family living on larger lots ensuring adequate light, air, privacy and
open space for each dwelling; protect residents from the impacts of high levels of traffic; minimize traffic
congestion; avoid the overloading of utilities by preventing the construction of buildings of excessive size
when compared with surrounding structures; provide institutional and community services such as parks,
schools, religious facilities, and community centers supportive of a residential area while safeguarding its
4 III 11'
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residential character; and protect residential properties from noise, illumination, unsightliness, odors, dust,
dirt, smoke, vibration, heat, glare, and other objectionable influences.
(b) Permitted uses. The following uses are permitted in the R-l district if the use complies with the
residential restrictions and performance standards of section 36-162:
(1) Single-family dwellings.
(2) State-licensed residential facilities serving six or fewer persons.
(3) Parks and open spaces.
(c) Uses permitted with conditions. A structure or land in an R-l district may be used for one or more
of the following uses if its use complies with the conditions stated in section 36-162 and those
specified for the use in this subse.ction.
(1) Group home/nonstatutory. The conditions are as follows:
a. At least 800 square feet of lot area shall be provided for each person housed on the site.
b. At least 12% ofthe lot area shall be developed as designed outdoor recreation area.
(Ord. No. 2267-04,4-12-04)
c. The residence structure shall be occupied by not more than six persons under treatment.
d. The residence structure shall provide one bedroom for each two persons accommodated
in group living quarters.
e.
The residence structure shall provide one bathroom for each four persons accommodated
in group living quarters.
f. The use shall not be located within 1,500 feet of any other group homes.
(2) Communication centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers.
b. An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c. Outdoor areas intended for group activities shall be located at least 25 feet from any
parcel that is zoned residential and used or subdivided for residential use, or has an
occupied institutional building, including but not limited to schools, religious institutions,
and community centers, and shall be buffered from any residential lot with a bufferyard
D.
(Ord. No. 2248-03, 8-18-03)
(3) Educational (academic). The conditions are as follows:
a.
Buildings shall be located at least 50 feet from a lot in an R district.
b.
An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
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c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R
district, and shall be buffered from such residential use with a bufferyatd C.
(4)
Libraries. The condition for library buildings is that the buildings shall be located at least 25
feet from a lot in an R district.
(5) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located at least 50 feet from a lot in an R district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in
an R district.
c. A bufferyard D shall be constructed along the property line when the use abuts property
residentially used or in one of the R districts. This bufferyard shall include a B2 berm or
F4 fence which shall be adequately maintained. This provision shall not require a fence
within the required front yard or where it interferes with traffic visibility at intersections.
See section 36-76.
d. The entire site other than that taken up by structures, required bufferyards, or other
landscaped areas shall be surfaced with a material to control dust and drainage.
e. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet
from any other structure on the same lot.
f. A drainage system approved by the city engineer shall be installed.
g.
Facilities which serve a communtywide or regional function shall be located with primary
vehicular access on a collector or arterial street.
h. Facilities within 300 feet of a property in an R district that require night lighting shall be
lighted according to a lighting plan approved by the director of public works which shall
include fixture specifications and demonstrate that off-site impacts will be minimized.
Such facilities shall have a bufferyard F located along the property lines of the facility
which abut an R district.
(6) Police/fire station. The conditions are as follows:
a. Buildings shall be located at least 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility to
control nonemergency traffic if recommended by the director of public works.
(7) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
b.
Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
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(8) Bed and breakfast establishments. The conditions are as follows:
a. The facility shall be owner occupied.
b.
The required parking shall be screened with a bufferyard C.
c. The total number of guestrooms shall be limited to three.
d. Not more than 50 percent of the gross floor area of the residence shall be used for the
guesthouse operation.
e. Only exterior alterations which do not alter the exterior appearance from its single-family
character will be allowed.
f. Accommodations may be provided to a guest for a period not exceeding 14 days.
g. Food service shall be limited to breakfast.
h. Rented rooms shall not contain cooking facilities.
1. Rooms used for sleeping shall be part of the primary residential structure and shall not
have been constructed specifically for rental purposes.
J. No more than 50 percent of the rear yard may be paved or used for parking.
(9) Communication tower. The conditions are as follows:
a. Sign shall not be permitted on the tower structure or the antenna.
b.
Tower structures shall be screened to minimize visual impacts.
c. Tower sh'uctures shall be a maximum of 45 feet high.
d. Tower structures shall not be permitted within any required yard or bufferyard.
e. A free-standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
(10) Transit station. The facilities shall be limited to bus stops and associated parking lots and shall
not include time transfer stations or other intense land uses.
(d) Uses permitted by conditional use permit. No structure or land in any R-I district shall
be used for the following uses except by conditional use permit. These uses shall comply with the
requirements of all the general conditions provided in section 36-365 and with the specific conditions
imposed in this subsection.
(1) Cluster housing. The conditions are as follows:
a. Cluster housing shall meet the following minimum requirements:
1. No more than four dwelling units shall be incorporated in a single building.
2.
The density of the development shall not exceed the density allowed in the
zoning district in which the use is to be located; except when the use is located
adjacent or across the street from public protected parks or open space which are
equal to or greater than the area of the development site and the proposal is found
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to promote goals and policies of the city, the density may be increased by 60
percent.
3. The site shall not have less than one-half acre.
4.
This section shall not be applied to conversion of existing dwelling units but may
be applied to site clearance and redevelopment. Existing units may be
incorporated into new development plans when such units are not converted.
5. Each lot developed with a single cluster housing unit shall contain a minimum of
400 square feet of open lot area or a minimum of 12% of the total cluster housing
development area shall be designed outdoor recreational area. (Ord. No. 2267-04,
4-12-04)
6. Sidewalks with a minimum width of five feet shall be provided along all sides of
the lot that abut a public street.
b. The applicant shall clearly demonstrate through the application and site plan that a
superior development would result by clustering. The presence of a superior development
shall be determined by reference to the following criteria:
1. The presence and preservation of topographic features, woods and trees,
waterbodies and streams, and other physical and ecological conditions.
2. Suitable provisions for permanently retaining and maintaining the amenities and
open space.
3.
Building location, building groupings, landscaping, views to and from the units,
building forms and materials, recognition of existing development and public
facilities, and city goals and policies including the comprehensive plan as well as
specific plans for the area.
(2) Public service structures. The conditions are asof section 36-366.
b. All structures shall be located a minimum of 15 feet from any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers.
c. All service drives shall be paved.
d. A bufferyard C shall be installed and maintained along all property lines abutting an R
district.
(Ord. No. 2248-03, 8-18-03)
(3) Golf courses. The condition for a golf course is that all structures on the golf course shall be
located a minimum of 30 feet from any parcel that is zoned residential and used or subdivided for
residential use, or has an occupied institutional building, including but not limited to schools,
religious institutions, and community centers. (Ord. No. 2248-03, 8-18-03)
(4)
Country clubs. The condition for country clubs is that all structures shall be located a minimum of
30 feet from any parcel that is zoned residential and used or subdivided for residential use, or has
an occupied institutional building, including but not limited to schools, religious institutions, and
community centers. (Ord. No. 2248-03, 8-18-03)
(5) Detached garages.
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a. The following detached garage uses and features may be allowed as a conditional use.
1.
2.
3.
4.
Floor areas in excess of the square footage limitations of section 36-162 (7)b.1.ii,
Second stories used for other than storage purposes.
Window, door, skylight or similar openings located in the second story.
Roof pitch less than 3/12 slope.
b. The conditions are as follows:
1. The area, bulk height, design or use shall have minimal impact on the use,
enjoyment or property value of adjoining property.
2. The detached garage is compatible with the scale and character of the
neighborhood.
3. Detached garage space is not be used for dwelling purposes (i.e. bedroom,
bathroom, kitchen or other similar uses).
4. Garage space is not used for business or commercial purposes.
5. The cumulative ground floor area ofthe detached garage and any other accessory
buildings does not exceed 25 percent of the back yard.
(e) Accessory uses. The following uses shall be permitted accessory uses in an R-l district:
(1) Garages and other accessory buildings in conformance with section 36-162.
(2)
Off-street parking areas in conformance with sections 36-162 and 36-361.
(3)
Private swimming pool and tennis court in conformance with section 36-73; pool house
building in conformance with the following conditions:
a. Property must have an in-ground swimming pool that is larger in area than the pool house
building.
b. The pool house cannot exceed 400 square feet in area and one story in height.
c. Notwithstanding section 36-l62(c)(7), the pool house must meet all principal building
yard requirements of subsection (f) of this section.
d. The building design and materials shall be consistent with the principal building.
e. The building may include a bathroom but shall not include kitchen facilities.
f. The building cannot be designed or used as a dwelling unit or for any business use.
(4) Family day care facilities serving 14 or fewer persons.
(5) Home occupations complying with all of the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b.
Operation of the home occupation is not apparent from the public right-of-way.
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c. The activity does not involve warehousing, distribution, or retail sales of merchandise
produced off the site.
d.
No person is employed at the residence who does not legally reside in the home except
that a licensed group family day care facility may have one outside employee.
e.
No light or vibration originating from the business operation is discernible at the property
line.
f. Only equipment, machinery, and materials which are normally found in the home are
used in the conduct of the home occupation.
g. No more than one nonilluminated wall sign limited to two square feet in area is used to
identify the home occupation.
h. Space within the dwelling devoted to the home occupation does not exceed one room or
ten percent of the floor area, whichever is greater.
1. No portion of the home occupation is permitted within any attached or detached
accessory building.
J. The structure housing the home occupation conforms to the building code. If the home
occupation is day care or if there are any customers or students, the home occupation has
received a certificate of occupancy.
(6) Keeping of not more than two boarders or roomers by a resident family provided the living area
for the boarders/roomers is within the principal building and does not constitute a separate
dwelling unit.
(7)
Living quarters of persons employed for domestic or medical purposes on the premIses
provided the living area for the domestic/medical household staff is within the principal
building and does not constitute a separate dwelling unit.
(8) Signs, as regulated by this chapter.
(9) Gardening and other horticultural uses.
(10) Decorative landscape features including but not limited to pools, arbors and terraces.
(11) Group day care/nursery school in a religious institution, community center, or academic
educational institution complying with all of the following conditions:
a. At least 40 square feet of outside play space per pupil is provided.
b. The outside play areas are fenced and screened with a bufferyard C.
c. Dropoff and loading points are established which do not interfere with traffic and
pedestrian movements.
(12) Adult day care in a religious institution, community center, or nursing home if 150 square feet of
outdoor sitting and exercise area per person under care at peak periods is provided.
(13)
Mikvah pools are permitted accessory uses within an occupied single-family detached dwelling
unit or on a religious institution property. If accessory to a single-family dwelling the use requires
three additional off-street parking spaces.
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(f)
(1)
. (2)
(3)
(4)
.
(5)
Dimensional standards/densities.
No structure shall exceed three stories or 30 feet in height, whichever is less, except as provided
in section 36-78.
The ground floor area ratio within the R-l district shall not exceed 0.3.
A side yard abutting a street shall not be less than 15 feet in width.
If a comer lot has a rear lot line which is cornman with the side lot line of another lot, no building
shall occupy that portion of the rear yard of the comer lot which abuts the front yard of the other
lot for a distance equal to the depth of the front yard of that other lot measured from the common
property line of the two lots extending toward the front lot line of the corner lot on a line
perpendicular to the common lot line of the two lots. See the following diagram.
~
ROAD
r-'-'- 'j'-'-'--' ;,<,-'----'--1
. , \\'"~ l\E5TRlCTED ARE!';
\-~U~t1Q~ .1- 0.... L\: '0. I ,!
J J f '.
. .. I
I ! . l._._-_.-.-.-.-...i
. I l .
\ ,. \
. I I i
) .. .
. 1 1 I
I . .
L.__ -. i-. -. _. -l.__._._,___~..l
Common Lot Line
The following mInImUm requirements and those additional requirements, exceptions and
modifications contained in subsection (f)(6) through (f)(11) of this section and prOVISIons
regarding subdivision shall govern the use and development of lots in the R-l district:
Lot Area Lot Width Front Yard Rear Yard Side Yard Width
(square feet) (feet) Depth Depth
(feet) (feet)
9 feet on one yard and 6 feet on the other
9,000 75 30 25 yard, except when there is an attached
garage accessible from the street or
when the lot abuts an alley, both may be
6 feet.
(6) The depth of the front yard of a lot shall be 30 feet unless the average depth of at least two
existing front yards, for buildings within 150 feet along the same block front of the lot in
question, are less or greater than 30 feet, then, the required front yards shaH be five feet less than
the average depth of such existing front yards. However, the depth of a front yard shall not be less
than 20 feet or be required to exceed 50 feet.
(7) Through lots shall have a required front yard on each street.
.
(8)
The width of the side yard abutting a building wall shall be increased two inches for each foot the
length ofthe wall of the building exceeds 40 feet. For the purpose of subsection (f) of this section,
a wall includes any building wall within ten degrees of being parallel to and abutting the side lot
line of a lot.
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(9)
Side yard widths may be reduced if the side wall of a building is not parallel by more than ten
degrees with the side lot line, to permit the average depth of the side yard' to conform to the
minimum side yard depth in the district, but no side yard shall be less than five feet deep. No side
yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot
unless a garage which has access from the street is located on the 101 or an alley provides a
secondary access to the rear yard of the lot.
(10) A single-family house which legally existed or for which a valid building permit had been
granted on or before the effective date of the ordinance from which this chapter is derived, may
be expanded by an addition or dormer, provided the addition does not extend into the existing
side yard, and provided the combined width of the side yard for the building and the adjacent
building is not less than ten feet.
(11) Any parcels which are subdivided for the purpose of creating condominium ownership are
permitted provided that the overall density created within all condominium parcels and the
common lot do not exceed the maximum density permitted within the zoning district. Any front,
rear, and side yard dimensions shall apply from the building face to the property line of the
common lot.
(12) Each lot developed with a single-family residence shall contain at least 600 square feet of open
lot area. (Ord. No. 2267-04,4-12-04)
(Code 1976, S 14:5-4.2; Ord. No. 2188-01, 2-5-2001; Ord. No. 2225-02, S 2, 6-3-2002; Ord. No. 2229-
02, S 2,8-5-2002; Ord. No. 2232-02, S 2, 11-4-2002; Ord. No. 2267-04, 4-12-04))
Sec. 36-164. R-2 single-family residence district.
(a) Purpose and effect. The purpose of the R-2 single-family residence district is to provide
appropriately located areas for single-family living at reasonable population densities consistent with
sound standards of public health; ensure adequate light, air, privacy, and open space for each dwelling
unit; protect residents from the impacts of high levels of traffic and minimize traffic congestion; avoid the
overloading of utilities by preventing the construction of buildings of excessive size in relation to
surrounding land use; provide institutional and community, service such as parks, schools, religious
facilities, and community centers supportive of a residential area while safeguarding the residential
character; and protect residential properties from noise, illumination, unsightliness, odors, dust, dirt,
smoke, vibration, heat, glare, and other objectionable influences.
(b) Permitted uses. The following uses are permitted in the R-2 district if the use complies with the
residential restrictions and performance standards of section 36-162:
(1) Single-family dwellings.
(2) State-licensed residential facilities serving six or fewer persons.
(3) Parks and open spaces.
(c) Uses permitted with conditions. A structure or land in an R-2 district may be used for one or
more of the following uses if its use complies with the conditions stated in section 36-162 and those
specified for the use permitted in this subsection.
(1) Group home/nonstatutory. The conditions are as follows:
a.
A minimum of 800 square feet oflot area shall be provided for each person housed on the
site.
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b. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord.
No. 2267-04,4-12-04)
c. The residence structure shall be occupied by not more than nine persons under treatment.
d.
The residence structure shall provide one bedroom for each two persons accommodated
in group living quarters.
e. The residence structure shall provide one bathroom for each four persons accommodated
in group living quarters.
f. The use shall not be located within 2,000 feet of any other state-licensed residential
facility or group home.
g. The use shall be located within 300 feet of a C commercial district.
h. The building structure shall not be modified or converted for the specific purpose of
accommodating the group home use except to comply with Americans With Disabilities
Act requirements or other normal maintenance and repair.
(2) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c. Outdoor areas intended for group activities shall be located a minimum of 25 feet from
any lot in an R district and shall be buffered from such residential lot with a bufferyard D.
(3)
Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of 50 feet from a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in
an R district, and shall be buffered from such residential use with a bufferyard C.
(4) Libraries. The condition for libraries is that the buildings shall be located a minimum of 25 feet
from a lot in an R district.
(5) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located a minimum of 50 feet from a lot in an R district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in
an R district.
c.
A bufferyard D shall be constructed along the property line when the use abuts property
residentially used or in one of the R districts. This bufferyard shall include a B2 berm or
F4 fence which shall be adequately maintained. This provision shall not require a fence
within the required front yard or where it interferes with traffic visibility at intersections.
See section 36-76.
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d. The entire site other than that taken up by structures, required bufferyards, or other
landscaped areas shall be surfaced with a material to control dust and drainage.
e.
Swimming pools shall be located a minimum of 50 feet from any lot line and at least 12
feet from any other structure on the same lot.
f. A drainage system approved by the city engineer shall be installed.
g. Facilities which serve a communtywide or regional function shall be located with primary
vehicular access on a collector or arterial street.
h. Facilities within 300 feet of a property in an R district that require night lighting shall be
lighted according to a lighting plan approved by the director of public works which shall
include fixture specifications and demonstrate that off-site impacts will be minimized.
Such facilities shall have a bufferyard F located along the property lines of the facility
which abut an R district.
(6) Policelfire station. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the eJltrance to the facility to
control non emergency traffic if recommended by the director of public works.
(7)
Religious institutions. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R
district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
(8) Bed and brealifast establishments. The conditions are as follows:
a. The facility shall be owner occupied.
b. The required parking shall be screened with a bufferyard C.
c. The total number of guestrooms shall be limited to three.
d. Not more than 50 percent of the gross floor area of the residence shall be used for the
guesthouse operation.
e. Only exterior alterations which do not alter the exterior appearance from its single-family
character will be allowed.
f.
Accommodations may be provided to a guest for a period not exceeding 14 days.
g.
Food service shall be limited to breakfast.
Rented rooms shall not contain cooking facilities.
Rooms used for sleeping shall be part of the primary residential struCture and shall not
have been constructed specifically for rental purposes.
A maximum of 50 percent of the rear yard shall be paved or used for parking.
(9) Communication tower. The conditions are as follows:
a. Signs shall not be permitted on the tower structure or the antenna.
b. Tower structures shall be screened to minimize visual impacts.
c. Tower structures shall be a maximum of 45 feet high.
d. Tower structures shall not be permitted within any required yard or bufferyard.
e. A free-standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
(10) Transit station. The conditions for a transit station is that facilities shall be limited to bus stops
and associated parking lots and shall not include time transfer stations or other intense land
uses.
(d) Uses permitted by conditional use permit No structure or land in any R-2 district shall
be used for the following uses except by conditional use permit. These uses shall comply with the
requirements of all the general conditions provided in section 36-365(b) and with the specific conditions
imposed in this subsection and such other conditions as may be imposed by the city council under section
36-34(b).
.
(1) Cluster housing. The conditions are as follows:
a. Cluster housing shall meet the following minimum requirements:
1. No more than four dwelling units shall be incorporated in a single building.
2. The density of the development shall not exceed the density allowed in the
zoning district in which the use is to be located; except when the use is located
adjacent or across the street from public protected parks or open space which are
equal to or greater than the area of the development site and the proposal is found
to promote goals and policies of the city, the density may be increased by 60
percent.
3. The site shall not have less than one-half acre.
4. This section shall not be applied to conversion of existing dwelling units but may
be applied to site clearance and redevelopment. Existing units may be
incorporated into new development plans when such units are not converted.
5.
Each lot developed with a single cluster housing unit shall contain a minimum
width of 400 square feet of open lot area or a minimum of 12% of the total
cluster housing development area shall be designed outdoor recreational area.
(Ord. No. 2267-04,4-12-04)
.
6.
Sidewalks with a minimum width of five feet shall be provided along all sides of
the lot that abut a public street.
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b. The applicant shall clearly demonstrate through the application and site plan that a
superior development would result by clustering. The presence of a superior development
shall be determined by reference to the following criteria:
1.
The presence and preservation of topographic features, woods and trees,
waterbodies and streams, and other physical and ecological conditions.
2. Suitable provisions for permanently retaining and maintaining the amenities and
open space.
3. Building location, building groupings, landscaping, views to and from the units,
building forms and materials, recognition of existing development and public
facilities, and city goals including the comprehensive plan as well as specific
plans for the area.
(2) Public service structures. The conditions are as follows:
a. All exterior faces of all buildings shall meet the provisions of section 36-366.
b. All structures shall be located a minimum of 15 feet from any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers. (Ord. No. 2248-03, 8-18-03)
c. All service drives shall be paved.
d.
A bufferyard C shall be installed and maintained along all property lines abutting an R
district.
(3) Detached garages.
a. The following detached garage uses and features may be allowed as a conditional use.
1. Floor areas in excess of the square footage limitations of section 36-162(7)b.l.ii,
2. Second stories used for other than storage purposes.
3. Window, door, skylight or similar openings located in the second story.
4. Roof pitch less than 3/12 slope.
b. The conditions are as follows:
1. The area, bulk height, design or use shall have minimal impact on the use,
enjoyment or property value of adjoining property.
2. The detached garage is compatible with the scale and character of the
neighborhood.
3. Detached garage space is not be used for dwelling purposes (i.e. bedroom,
bathroom, kitchen or other similar uses).
4.
Garage space is not used for business or commercial purposes.
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5. The ground floor area of the garage and accessory building area does not exceed
25 percent of the rear yard area.
(e) Accessory uses. The following uses shall be permitted accessory uses in an R-2 district:
(1)
Garages and other accessory buildings in conformance with section 36-162.
(2) Off-street parking areas in conformance with sections 36-162 and 36-361.
(3) Private swimming pool and tennis court in conformance with sections 36-73.
(4) Family day care facilities serving 14 or fewer persons.
(5) Home occupations complying with all of the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-way.
c. The activity does not involve warehousing, distribution, or retail sales of merchandise
produced off the site.
d. No person is employed at the residence who does not legally reside in the home except
that a licensed group family day care facility may have one outside employee.
e. No light or vibration originating from the business operation is discernible at the property
line.
f.
Only equipment, machinery, and materials which are normally found in the home are
used in the conduct of the home occupation.
g. No more than one nonilluminated wall sign limited to two square feet in area is used to
identify the home occupation.
h. Space within the dwelling devoted to the home occupation does not exceed one room or
ten percent of the floor area, whichever is greater.
1. No portion of the home occupation is permitted within any attached or detached
accessory building.
J. The structure housing the home occupation conforms to the building code; and in the case
where the home occupation is day care or if there are any customers or students, the
home occupation has received a certificate of occupancy.
(6) Keeping of not more than two boarders or roomers by a resident family provided the living area
for the boarders/roomers is within the principal building and does not constitute a separate
dwelling unit.
(7) Living quarters of persons employed for domestic or medical purposes on the premIses
provided the living area for the domestic/medical household staff is within the principal
building and does not constitute a separate dwelling unit.
(8)
Signs, as regulated by this chapter.
(9)
Gardening and other horticultural uses.
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(10) Decorative landscape features including but not limited to pools, arbors and terraces.
(11) Group day care/nursery school in a religious institution, community center, or academic
educational institution complying with all of the following conditions:
a.
A minimum of 40 square feet of outside play space per pupil is provided.
b. The outside play areas are fenced and screened with a bufferyard D.
c. Dropoff and loading points are established which do not interfere with traffic and
pedestrian movements.
(12) Adult day care in a religious institution, community center, or nursing home if 150 square feet
of outdoor sitting and exercise area per person under care at peak periods is provided.
(13) Mikvah pools are permitted accessory uses within an occupied single-family detached dwelling
unit or on a religious institution property. If accessory to a single-family dwelling the use
requires three additional off-street parking spaces.
(f) Dimensional standards/densities. The dimensional standards/densities are as follows:
(1) No structure shall exceed three stories or 30 feet in height, whichever is less, except as provided
in section 36-78.
(2) The ground floor area ratio within the R-2 district shall not exceed 0.3.
(3)
A side yard abutting a street shall not be less than 15 feet in width except a lot of record which
is a minimum of 40 feet in width but less than 60 feet shall have a side yard abutting a street of
a minimum of nine feet in width.
(4) If a corner lot has a rear lot line which is common with the side lot line of another lot, no
building shall occupy that portion of the rear yard of the corner lot which abuts the front yard of
the other lot for a distance equal to the depth of the front yard of that other lot measured from
the common property line of the two lots extending toward the front lot line of the corner lot on
a line perpendicular to the common lot line of the two lots. See the following diagram.
(5) The following minimum requirements and those additional requirements, exceptions and
modifications contained in subsections (f)(6) through (f)(ll) and provisions regarding
subdivision shall govern the use and development of lots in the R-2 district:
Lot Area Lot Width Front Yard Depth Rear Yard Depth Side Yard Width
(square feet) (feet) (feet) (feet)
7 . feet on one yard and
7,200 60 25 25 5 feet on other yard,
except when there is
an attached garage
accessible from the
street or when the lot
abuts an alley both
may be 5 feet.
(6)
The depth of the front yard of a lot shall be 25 feet deep unless the average depth of at least two
existing front yards, for buildings within 150 feet along the same b lock front of the lot in
question, are less or greater than 25 feet, then, the required front yards shall be five feet less
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than the average depth of such existing front yards. However, the depth of a front yard shall not
be less than 20 feet or be required to exceed 45 feet.
(7) Through lots shall have a required front yard on each street.
(8)
The width of the side yard abutting a building wall shall be increased two inches for each foot
the length of the wall of the building exceeds 40 feet. For the purpose of subsection (f) of this
section, a wall includes any building wall within ten degrees of being parallel to and abutting the
side lot line of a lot.
(9) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten
degrees with the side lot line, to permit the average depth of the side yard to conform to the
minimum side yard depth in the district, but no side yard shall be less than five feet deep. No
side yard shall be reduced to prevent construction of a driveway from the street into the rear of
the lot unless a garage which has access from the street is located on the lot or an alley which
provides a secondary access to the rear yard of the lot.
(10) A single-family house which legally existed or for which a valid building permit had been
granted on or before the effective date of the ordinance from which this chapter is derived, may
be expanded by an addition or dormer, provided the addition does not extend into the existing
side yard, and provided the combined width of the side yard for the building and the adjacent
building is not less than ten feet.
(11) Any parcels which are subdivided for the purpose of creating condominium ownership are
permitted provided that the overall density created within all condominium parcels and the
common lot does not exceed the maximum density permitted within the zoning district. Any
front, rear, and side yard dimensions shall apply from the building face to the property line of the
common lot.
(12)
Each lot developed with a single-family residence shall contain at least 400 square feet of open
lot area. (Ord. No. 2267-04,4-12-04)
(Code 1976, S 14:5-4.3; Ord. No. 2188-01, 2-5-2001; Ord. No. 2225-02, S 2, 6-3-2002; Ord. No. 2232-
02, S 2, 11-4-2002; Ord. No. 2267-04,4-12-04)
Sec. 36-165. R-3 two-family residence district.
(a) Purpose and effect. The purpose of the R-3 two-family residence district is to provide
appropriately located areas for one-family and two-family dwelling units on parcels of reasonable size;
ensure adequate light, air, privacy and open space for each dwelling unit; provide institutional and
community services such as parks, schools, religious facilities, and community centers supportive of a
residential area while safeguarding its residential character; protect residential properties from noise,
illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, high traffic volumes and other
objectionable influences.
(b) Permitted uses. The following uses are permitted in the R-3 district if the use complies with the
residential restrictions and performance standards of section 36-162:
(1) Single-family dwelling.
(2) Two-family dwellings.
(3)
State licensed residential facilities serving six or fewer persons per individual dwelling unit of a
single- family or two-family dwelling.
(4) Park/open space.
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(5) Multiple-family dwellings and their associated accessory structures in existence on December
31, 1992.
(c) Uses permitted with conditions. A structure or land in an R-3 district may be used for one or
more of the following uses if its use complies with the conditions stated in section 36-162 and those
specified for the use in this subsection (c):
(1) Group home/nonstatutory. The conditions are as follows:
a. At least 800 square feet of lot area shall be provided for each person housed on the site.
b. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord.
No. 2267-04,4-12-04)
c. The residence structure shall be occupied by not more than six persons under treatment.
d. The residence structure shall provide one bedroom for each two persons accommodated
in group living quarters.
e. The residence structure shaft provide one bathroom for each four persons accommodated
in group living quarters.
f. The use shall not be located within 1,500 feet of any other group homes.
(2) Nursing home. The conditions are as follows:
a.
A minimum of 600 square feet of lot area shall be provided for each person to be housed
on the site.
b. All structures shall be located at least 30 feet from a lot line of an abutting lot in an R
district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area.
(Ord. No. 2267-04,4-12-04)
d. The structure housing the use shall comply with the requirements of the state law and the
building code regulating the construction of licensed nursing homes.
(3) Community centers. The conditions are as follows:
a. The building shall not be located within 50 feet of any lot line of a lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in
an R district and shall be buffered from such residential lot with a bufferyard D.
(4) Educational (academic). The conditions are as follows:
a. Buildings shall be located at least 50 feet from a lot in an R district.
b.
An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
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c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R
district and shall be buffered from such residential lot with a bufferyard D.
(5)
Libraries. The condition for libraries is that buildings shall be located a minimum of 25 feet
from a lot in an R district.
(6) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located 50 feet or more from a lot in an R district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in
an R district.
c. A bufferyard D shall be constructed along the property line when the use abuts property
residentially used or in one of the R districts. This bufferyard shall include a B2 berm or
F4 fence which shall be adequately maintained. This provision shall not require a fence
within the required front yard or where it interferes with traffic visibility at intersections
(see section 36-76).
d. The entire site other than that taken up by structures, required bufferyards, or other
landscaped areas shall be surfaced with a material to control dust and drainage.
e. Swimming pools shall be located at least 50 feet from any lot line and at least 12 feet
from any other structure on the same lot.
f. A drainage system approved by the city engineer shall be installed.
g.
Facilities which serve a communtywide or regional function shall be located with primary
vehicular access on a collector or arterial street.
h. Facilities within 300 feet of a property in an R district that require night lighting shall be
lighted according to a lighting plan approved by the director of public works which shall
include fixture specifications and demonstrate that off-site impacts will be minimized.
Such facilities shall have a bufferyard F located along the property lines of the facility
which abut an R district.
(7) Policelfire station. The conditions are as follows:
a. Buildings shall be located at least 25 feet from a lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility to
control nonemergency traffic if recommended by the director of public works.
(8) Religious institutions. The conditions are as follows:
a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district.
b.
Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
. '1,' "
(9) Bed and brealifast establishments. The conditions are as follows:
a. The facility shall be owner-occupied.
.
b.
The required parking shall be screened with a bufferyard C.
c. The total number of guestrooms shall be limited to three.
d. Not more than 50 percent of the gross floor area of the residence shall be used for the
guest house operation.
e. Only exterior alterations which do not alter the exterior appearance from its single-family
or two-family character will be allowed.
f. Accommodations may be provided to a guest for a period not exceeding 14 days.
g. Food service shall be limited to breakfast.
h. Rented rooms shall not contain cooking facilities.
1. Rooms used for sleeping shall be part of the primary residential structure and shall not
have been constructed specifically for rental purposes.
J. No more than 50 percent of the rear yard may be paved or used for parking,
(10) Communication tower. The conditions are as follows:
a.
. b.
c.
d.
e.
Signs shall not be permitted on the tower structure or the antenna.
Tower structures shall be screened to minimize visual impacts.
Tower structures shall be a maximum of 52.5 feet high.
Tower structures shall not be permitted within any required yard or bufferyard.
A free-standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
(11) Transit station. The condition for a transit station is that facilities shall be limited to bus stops
and associated parking lots and shall not include time transfer stations or other intense
land uses.
(d) Uses permitted by conditional use permit. No structure or land in any R-3 district shall
be used for the following uses except by conditional use permit. These uses shall comply with the
residential restrictions and performance standards of section 36-162, all the general conditions provided in
section 36-365, the specific conditions imposed in this subsection (d) and such other conditions as may be
imposed by the city council under subsection (b) of section 36-34.
(1) Cluster housing. The conditions are as follows:
a. Cluster housing shall meet the following minimum requirements:
.
1.
No more than four dwelling units shall be incorporated in a single building.
2.
The density of the development shall not exceed the density allowed in the
zoning district in which the use is to be located; except when the use is located
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adjacent or across the street from public protected parks or open space which are
equal to or greater than the area of the development site and the proposal is found
to promote goals and policies of the city, the density may be increased by 60
percent.
3.
The site shall not be less than one-half acre.
4. This section shall not be applied to conversion of existing dwelling units but may
be applied to site clearance and redevelopment. Existing units may be
incorporated into new development plans when such units are not converted.
5. Each lot developed with a single cluster housing unit shall contain a minimum of
400 square feet of open lot area ora minimum of 12% of the total cluster housing
development area shall be designed outdoor recreational area. (Ord. No. 2267-
04,4-12-04)
6. Sidewalks with a minimum width of five feet shall be provided along all sides of
the lot that abut a public street.
b. The applicant shall clearly demonstrate through the application and site plan that a
superior development would result by clustering. The presence of a supenor
development shall be determined by reference to the following criteria:
1. The presence and preservation of topographic features, woods and trees,
waterbodies and streams, and other physical and ecological conditions.
2. Suitable provisions for permanently retaining and maintaining the amenities and
open space.
3.
Building location, building groupings, landscaping, views to and from the units,
building forms and materials, recognition of existing development and public
facilities, and city goals and policies including the comprehensive plan as well as
specific plans for the area.
(2) Public service structures. The conditions are as follows:
a. All exterior faces of all buildings shall meet the provisions of section 36-366.
b. All structures shall be located a minimum of 15 feet from any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers. (Ord. No. 2248-03, 8-18-03)
c. All service drives shall be paved.
d. A bufferyard C shall be installed and maintained along all property lines abutting R
district.
(3) Single lot. Uses where more than one principal building is located on a single lot.
(4) Detached garages.
a.
The following detached garage uses and features may be allowed as a conditional use.
1. Floor areas in excess of the square footage limitations of section 36-162(7)b.2.ii,
- (-i~ f1'
2.
3.
. 4.
.
.
Second stories used for other than storage purposes.
Window, door, skylight or similar openings located in the seco'nd story.
Roof pitch less than 3/12 slope.
b. The conditions are as follows:
1. The area, bulk height, design or use shall have minimal impact on the use,
enjoyment or property value of adjoining property.
2. The detached garage is compatible with the scale and character of the
neighborhood.
3. Detached garage space is not be used for dwelling purposes (i.e. bedroom,
bathroom, kitchen or other similar uses).
4. Garage space is not used for business or commercial purposes.
5. The ground floor area of the garage and accessory building area does not exceed
25 percent of the rear yard area.
(e) Accessory uses. The following uses shall be permitted accessory uses in an R-3 district:
(1) Garages and other accessory buildings in conformance with section 36-162.
(2) Off-street parking areas in conformance with sections 36-162 and 36-361.
(3)
Private swimming pool and tennis court in conformance with section 36-73.
(4) Family day care serving 14 or fewer persons.
(5) Home occupations complying with all of the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-way.
c. The activity does not involve warehousing, distribution, or retail sales of merchandise
produced off the site.
d. No person is employed at the residence who does not legally reside in the home except
that a licensed group family day care facility may have one outside employee.
e. No light or vibration originating from the business operation is discernible at the property
line.
f. Only equipment, machinery, and materials which are normally found in the home are
used in the conduct of the home occupation.
g. No more than one nonilluminated wall sign limited to two square feet in area is used to
identify the home occupation.
h.
Space within the dwelling devoted to the home occupation does not exceed one room or
ten percent of the floor area, whichever is greater.
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1. No portion of the home occupation IS permitted within any attached or detached
accessory building.
J.
The structure housing the home occupation conforms to the building code; and in the case
where the home occupation is day care or if there are any customers or students, the
home occupation has received a certificate of occupancy.
(6) Keeping of not more than two boarders or roomers by a resident family provided the living area
for the boarders/roomers is within the principal building and does not constitute a separate
dwelling unit.
(7) Living quarters of persons employed for domestic or medical purposes on the premIses
provided the living area for the domestic/medical household staff is within the principal
building and does not constitute a separate dwelling unit.
(8) Signs, as regulated by this chapter.
(9) Gardening and other horticultural uses.
(10) Decorative landscape features including but not limited to pools, arbors and teITaces.
(11) Group day care/nursery school in a religious institution, community center, or academic
educational institution complying with all ofthe following conditions:
a. At least 40 square feet of outside play space per pupil is provided.
b. The outside play areas is fenced and screened with a bufferyard D.
c. Dropoff and loading points are established which do not interfere with traffic and
pedestrian movements.
( 12)
Adult day care in a religious institution, community center, or nursing home if 150 square feet
of outdoor sitting and exercise area per person under care at peak periods is provided.
(f) Dimensional standards/densities. The dimensional standards/densities are as follows:
(1) No structure shall exceed three stories or 35 feet in height, whichever is less, except as provided
in section 36-78.
(2) The ground floor area ratio within the R-3 district shall not exceed 0.25.
(3) The maximum density shall not exceed 11 units per acre.
(4) A side yard abutting a street shall not be less than 15 feet in width except a lot of record which
is at least 40 feet in width but less than 60 feet shall have a side yard of at least nine feet in
width abutting a street.
(5) If a corner lot has a rear lot line which is common with the side lot line of another lot, no
building shall occupy that portion of the rear yard of the comer lot which abuts the front yard of
the other lot for a distance equal to the depth of the front yard of that other lot measured from
the common property line ofthe two lots extending toward the front lot line of the comer lot on
a line perpendicular to the common lot line of the two lots. See the following diagram.
(6)
The following minimum requirements and those additional requirements, exceptions and
modifications in subsections (f)(7) through (f)(13) of this section shall govern the use and
development of lots in the R-3 district:
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Lot Area Lot Width Front Yard Rear Yard Side Yard Width
(square feet) (feet) Depth Depth
(feet) (feet)
9 feet on one yard and 6 feet on
7,200 60 25* 25 other yard, except when there is an
attached garage accessible from the
street or when the lot abuts an alley,
both may be 6 feet.
*This minimum lot size is for the development of a single-family house. The minimum lot size
for a two-family house is 8,000 square feet.
(7) The depth of the front yard of a lot shall be 25 feet deep unless the average depth of at least two
existing front yards, for buildings within 150 feet along the same block front of the lot in
question, are less or greater than 25 feet, then, the required front yards shall be the average depth
of such existing front yards. However, the depth of a front yard shall not be less than 20 feet or be
required to exceed 45 feet.
(8) Through lots shall have a required front yard on each street.
(9) Each lot developed with a single-family or two-family residence shall contain at least 400 square
feet of open lot area per dwelling unit. (Ord. No. 2267-04, 4-12-04)
(10) A single-family house which legally existed or for which a valid building permit had been
granted on or before the effective date of the ordinance from which this chapter is derived, may
be expanded by an addition or dormer, provided the addition does not extend into the existing
side yard, and provided the combined width of the side yard for said building and the adjacent
building is not less than ten feet.
(11 )
The width of the side yard abutting a building wall shall be increased two inches for each foot the
length of the wall of the building exceeds 50 feet. For the purpose of this subsection (t), a wall
includes any building wall within ten degrees of being parallel to and abutting the side lot line of
a lot.
(12) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten
degrees with the side lot line, to permit the average depth of the side yard to conform to the
minimum side yard depth in the district, but no side yard shall be less than five feet deep. No side
yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot
unless a garage which has access from the street is located on the lot or an alley provides a
secondary access to the rear yard of the lot.
(13) Any parcels which are subdivided for the purpose of creating condominium ownership are
permitted provided that the overall density created within all condominium parcels and the
common lot do not exceed the maximum density permitted within the zoning district. Provisions
for designed outdoor recreation area may be provided on a common lot. Any front, rear, and side
yard dimensions required by this section shall apply from the building face to the property line of
the common lot.
(Code 1976, 9 14:5-4.4; Ord. No. 2188-01,2-5-2001; Ord. No. 2221-02, 9 2, 3-] 8-2002; Ord. No. 2232-
02, S 2, 11-4-2002; Ord. No. 2267-04, 4-12-04)
Sec. 36-166. R-4 multiple-family residence district.
(a) Purpose and effect. The purposes of the R-4 multiple-family residence district are to provide
appropriately located areas for family living in a variety of dwelling types at densities of up to 30 units
per acre with sound standards for public health and safety; to preserve as many as possible of the
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desirable characteristics of the single-family residential districts while permitting higher population
densities; to ensure adequate light, air, privacy, and open space for each dwelling unit; provide space for
institutions which require residential environments; to minimize traffic congestion and provide space for
off-street parking of automobiles; to provide community services such as parks, schools, religious
facilities, and community centers supportive of a residential area while safeguarding its residential
character; and to protect residential properties from noise, illumination, unsightliness, odors, dust, dirt,
smoke, vibration, heat, glare, and other objectionable influences.
(b) Permitted uses. The following uses are permitted in the R-4 district if the use complies with the
residential restrictions and performance standards of section 36-162:
(1) Two-family dwellings.
(2) Roominghouses.
(3) State-licensed residential facilities serving 16 or fewer persons.
(4) Parks/open space.
(5) Transit stations.
(6) S ingle- family dwelling.
(c) Uses permitted with conditions. A structure or land in an R-4 district may be used for one or
more of the following uses if its use complies with the residential restrictions and performance standards
of section 36-162 and those conditions specified for the use in this subsection (c):
(1) Adult day care. The conditions are as follows:
a.
The facility shall be located in a religious facility, community center, nursing home or
hospital.
b. At least 12% of the lot area shall be developed as designed outdoor recreation area.
(2) Group day care/nurselY school. The conditions are as follows:
a. At least 40 square feet of outside play space per pupil must be provided and such space
shall be enclosed by F3 fence and bufferyard C.
b. An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c. The play area shall be located a minimum of 200 feet from any roadway defined on the
comprehensive plan as a principal arterial.
(3) Group home/nonstatutory. The conditions are as follows:
a. A minimum of 800 square feet of lot area shall be provided for each person housed on the
site.
b. At least 12% of the lot area shall be developed as designed outdoor recreation area.
c.
The residence structure shall be occupied by not more than 30 persons under treatment.
d.
The use shall be located a minimum of 1,500 feet from any other group home.
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e. Any group home accommodating 20 or more persons shall provide an outdoor recreation
area. Such recreation area shall be located a minimum of 25 feet of any parcel in an R
district.
f.
A bufferyard D shall be provided along any abutting lot located within an R district.
g.
A minimum of 300 square feet of gross building area shall be provided for each resident.
(4) Nursing home. The conditions are as follows:
a. A minimum of 500 square feet of lot area shall be provided for each person to be housed
on the site.
b. All structures shall be located a minimum of 30 feet from a lot in an R district.
c. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord.
No. 2267-04,4-12-04)
d. The structure housing the use shall comply with the requirements of the state law and the
building code regulating the construction of licensed nursing homes.
(5) Community centers. The conditions are as follows:
a. The building shall be located a minimum of 50 feet from any lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c.
Outdoor areas intended for group activities shall be located a minimum of 25 feet from
any lot in an R district and shall be buffered from such residential lot with a bufferyard D.
(6) Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of 50 feet from a lot in an R district, unless
approved as a conditional use.
b. An off-street school bus pickup and dropoff area shall be provided in order to maintain
vehicular and pedestrian safety.
c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in
an R district, and shall be buffered from such residential use with a bufferyard C, unless
approved as a conditional use.
(7) Libraries. The condition for libaries is that buildings shall be located a minimum of 25 feet from
a lot in an R district.
(8) Parks and recreation. The conditions are as follows:
a. The principal structure shall be located a minimum of 50 feet from a lot in an R district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a lot in
an R district.
c.
A bufferyard C shall be constructed along the property line when such use abuts property
residentially used or in one of the R districts. This bufferyard shall include a B2 berm or
F4 fence which shall be adequately maintained. This provision shall not require a fence
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d.
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e.
f.
g.
h.
within the required front yard or where it interferes with traffic visibility at intersections
(see section 36-76).
The entire site other than that taken up by structures, required bufferyards, or other
landscaped areas shall be surfaced with a material to control dust and drainage.
Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum
of 12 feet from any other structure on the same lot.
A drainage system approved by the city engineer shall be installed.
Facilities which serve a communtywide or regional function shall be located with primary
vehicular access on a collector or arterial street.
Facilities within 300 feet of a property in an R district that require night lighting shall be
lighted according to a lighting plan approved by the director of public works which shall
include fixture specifications and demonstrate that off-site impacts will be minimized.
Such facilities shall have a bufferyard F located along the property lines of the facility
which abut an R district.
(9) Policelfire station. The conditions are as follows:
.
a. Buildings shall be located a minimum of 25 feet from a lot an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c.
Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility to
control nonemergency traffic if recommended by the director of public works.
(10) Religious institutions. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
(11) Communication tower. The conditions are as follows:
a.
b.
c.
d.
e.
. f.
Signs shall not be permitted on the tower structure or the antenna.
Tower structures shall be screened to minimize visual impacts.
Tower structures shall be a maximum of 60 feet high.
Tower structures shall not be permitted within any required yard or bufferyard.
A freestanding communication tower shall be located a minimum of I 1/2 times its
collapse radius from any property line of the site on which it is located.
Any tower exceeding 50 feet shall be painted light blue-gray in color.
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g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another
alternative to piggyback the proposed antenna on another existing tower or building is not
possible.
h.
For any tower exceeding 50 feet In height, the owner shall permit joint use of the
structure.
1. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of
twice its height from any R-I, R-2 or R-3 zoned parcel.
(d) Uses permitted by conditional use permit No structure or land in any R-4 district shall be
used for the following uses except by conditional use permit. These uses shall comply with the
requirements of all the general conditions provided in section 36-365 and with the specific conditions
imposed in this subsection (d) and such other conditions as may be imposed by the city council under
section 36-34(b).
(1) Multiple-family dwelling. The conditions are as follows:
a. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
b. At minimum of 12% of the building lot shall be developed as designed outdoor recreation
area. (Ord. No. 2267-04,4-12-04)
c. The minimum spacing between buildings shall be the average heights of the buildings.
d.
All buildings shall be located a minimum of 15 feet from the back of the curb line of
internal private roadways or parking lots.
e. If parking is accommodated on the required public or private road system, it must meet
minimum public street width requirements of this chapter to allow on-street parking.
f. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot
that abut a public streets. Sidewalks shall also be provided between the public street and
parking areas to all building entrances.
(2) Cluster housing. The conditions are as follows:
a. Each lot developed with a single cluster housing unit shall contain a minimum of 400
square feet of open lot area or a minimum of 12% of the total cluster housing
development area shall be designed outdoor recreational area. (Ord. No. 2267-04, 4- I 2-
04)
b. The minimum spacing between buildings shall be the average heights of the buildings.
c. Side and rear yards may be reduced to zero feet where dwellings are designed to share
common walls.
d. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot
that abut a public street and along at least one side of interior private streets.
e.
Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk
closest to it or from the back of the curbline of internal private roadways or parking lots if
no sidewalk exists.
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f. If parking is accommodated on the required public or private road system, it must meet
minimum public street width requirements of the subdivision ordinance to allow on-street
parking.
(3)
Elderly housing. The conditions are as follows:
a. Property shall meet all of the conditions for multiple-family dwelling/cluster housing.
b. Elderly housing shall provide a minimum of 1,000 square feet of lot area for each
dwelling unit.
c. The property owner shall record a covenant to run with the land executed in a form
approved by the city which restricts the use of the property to occupancy by the elderly.
d. The development shall provide a lounge or other inside community rooms equal in
aggregate size to a minimum of 15 square feet for each unit.
(4) Public service structure. The conditions are as follows:
a. The exterior faces of all buildings shall meet the provisions of section 36-366.
b. All structures shall be located a minimum of 15 feet from any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers. (Ord. No. 2248-03, 8-18-03)
c. All service drives shall be paved.
d. A bufferyard C shall be installed and maintained along all abutting R district lines.
(5)
Hostel. The conditions are as follows:
a. The hostel shall be affiliated with a national or international hostel organization and shall
be subject to the operating procedures of such organization.
b. The hostel shall be available for occupancy only by members of the affiliate or the parent
organiza ti on.
c. The hours of operation are from 6:00 a.m. to 1 :00 a.m.
d. Overnight parking of vehicles whose passenger capacity exceeds 15 shall be prohibited
on the site.
e. Any outdoor activity area shall be located as far as practicable n'om abutting residential
properties.
f. No room shall contain more than four beds.
(6) Single lot. Uses where more than one principal structure is located on a single lot.
(7) Office less than 2,500 square feet. The conditions are as follows:
a.
A bufferyard C shall be installed and maintained along any abutting lot located within an
R district. This bufferyard shall include a F3 fence which shall have the finished side
facing the abutting property and shall be adequately maintained. This provision shall not
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require a fence within the required front yard or where it interferes with traffic visibility
as regulated by section 36-76.
b.
Structures that require night lighting shall be lighted according to a lighting plan
approved by the director of public works which shall include fixture specifications and
demonstrate that off site impact will be minimized in conformance with section 36-363.
c.
Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
d.
The materials used in and placement of all signs shall be inte!:,'fated with the building
design and architecture and shall conform with the general provisions and R-4 district
standards of section 36-362.
e.
The architecture of the building shall be residential in character.
f
The parking areas shall be set back at least five feet from any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers, and shall conform with all provisions of section 36-36l.
(Ord. No. 2248-03, 8-18-03)
(8)
Educational (academic). The conditions are as follows:
a.
The school is limited to 20 or fewer students; and
b.
The school is limited to grades k-8.
c.
An off-street school bus pickup and dropoff area shall be provided in order to maintain
vehicular and pedestrian safety.
d. Outdoor open space that may be used for recreational or other outdoor activities must
provide a bufferyard C along any abutting lot located within an R district. This
bufferyardshall include an F3 fence.
e. The school property shall not adjoin any R-l, R-2 or R-3 property that IS used or
subdivided for residential.
f. The school building must be residential in character.
(e) Uses permitted by PUD. The conditions for an office are as follows:
(1) The materials used in and placement of all signs shall be integrated with the building design and
architecture.
(2) Landscape berms shall be used to reduce noise, improve views, and to produce other
environmental benefits. Berms shall also be used for wildlife refuge, wind and snow breaks, dust
reduction and to separate incompatible uses and control drainage.
(3) Buildings shall be designed with proper provision and orientation for the pedestrianway to serve
and link development.
(4)
Buildings shall be oriented and designed so as not to detract from one another or to unduly
restrict views to open space, malls, and vistas.
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(5) All new buildings shall be compatible and complimentary with existing buildings. Elements of
compatibility include, but are not limited to building form and mass, exterior materials and their
appearance and durability, landscaping, exterior lighting and site improvements.
.
(6)
A bufferyard F shall be provided along all abutting property located in an R district. Loading
areas, access, parking, signing, and building equipment shall be prohibited or minimized next to
residential areas to the extent appropriate in order to ensure compatible development.
(7) Open space and pedestrian links shall be established to provide access to buildings, parking, and
transit; provide space for active and passive recreation; ponding, and for preserving wetlands; and
a suitable setting for buildings.
(8)
(f)
(1)
(2)
(3)
(4)
(5)
. (6)
(7)
.
The maximum intensity classification shall be 4.
Accessory uses. The following uses shall be permitted accessory uses in an R-4 district:
Private garages and parking spaces, provided they meet the requirements of sections 36-361 and
36-366.
Tennis court in conformance with section 36-73.
Private swimming pool in conformance with section 36-73.
Family day care serving 14 or fewer persons.
Service and retail facilities intended for use of residents not to exceed ten percent of the gross
floor area of the development.
Property management or rental office provided that it does not occupy more than ten percent of
the gross floor area.
Home occupations complying with all of the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-way.
c. The activity does not involve warehousing, distribution, or retail sales of merchandise
produced off the site.
d. No person is employed at the residence who does not legally reside in the home except
that a licensed group family day care facility may have one outside employee.
e. No light or vibration originating from the business operation is discernible at the property
line.
f. Only equipment, machinery and materials which are normally found in the home are used
in the conduct of the home occupation.
g. No more than one nonilluminated wall sign limited to two square feet in area is used to
identify the home occupation.
h.
Space within the dwelling devoted to the home occupation does not exceed one room or
ten percent of the floor area, whichever is greater.
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1. No portion of the home occupation IS permitted within any attached or detached
accessory building.
J.
The structure housing the home occupation conforms to the building code; and in the case
where the home occupation is day care or if there are any customers or students, the
home occupation has received a certificate of occupancy.
(8) Keeping of not more than two boarders or roomers by a resident family provided the living area
for the boarders/roomers is within the principal building and does not constitute a separate
dwelling unit.
(9) Living quarters of persons employed for domestic or medical purposes on the premises provided
the living area for the domestic/medical household staff is within the principal building and does
not constitute a separate dwelling unit.
(10) Signs, as regulated by this chapter.
(11) Gardening and other horticultural uses.
(12) Decorative landscape features including but not limited to pools, arbors and ten-aces.
(13) Parking ramps provided that all of the following conditions are met:
a.
The height of any parking ramp located within 200 feet of any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers may not penetrate the height of a line commencing at and perpendicular to said
parcel line and extending upward and away from said parcel at a slope of five horizontal
feet for each vertical foot.
b.
The minimum required yard for any parking ramp located within 200 feet of any parcel
parcel that is zoned residential and used or subdivided for residential use, or has an
occupied institutional building, including but not limited to schools, religious institutions,
and community centers, shall be 50 feet.
c. The parking ramp shall be screened from view from any abutting property located within
an R district with a bufferyard F. This bufferyard shall include a B4 berm or a BW3 berm
wall where the parking ramp is above ground.
d. If the parking ramp is located within 400 feet of any parcel that is zoned residential and
used or subdivided for residential use, or has an occupied institutional building, including
but not limited to schools, religious institutions, and community centerS, all light sources
on the top deck of a parking ramp shall be below the sight lines drawn from a point one
foot above the light source to any point within said parcel ten feet lower than the
maximum structure height of that use at a distance of 400 feet from the wall of the
parking ramp nearest to said parcel.
(Ord. No. 2248-03, 8-18-03)
(14) Incidental repair or processing which is necessary to conduct a permitted principal use not to
exceed 30 percent of the gross floor area or 30 percent of the labor hours required to conduct the
permitted principal use.
(g) Dimensional standards/densities. The dimensional standards/densities are as follows:
(1) No structure or building shall exceed three stories or 40 feet in height, whichever is less, except
as provided in section 36-78 and section 36-367.
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(2) The floor area ratio shall not exceed 0.7 and the ground floor area ratio shall not exceed 0.35.
(3) A side yard abutting a street shall not be less than 15 feet wide.
(4)
The housing density shall not exceed 30 dwelling units per acre except as otherwise provided.
(5) The minimum lot area shall be 8,000 square feet; except where subdivisions for the purpose of
establishing condominium ownership result in lot sizes smaller than the established minimum.
(6) The minimum lot width shall be 60 feet; except where subdivisions for the purpose of
establishing condominium ownership result in lot sizes smaller than the established minimum.
(7) The front yard depth shall be a minimum of 30 feet or a distance equal to the building height,
unless the average depth of at least two existing buildings within 150 feet along the same block
front of the lot in question are less than or greater than 30 feet, then the required front yard depth
shall be the average depth of such existing front yards or the building height whichever is greater.
However, the depth of the front yard shall not be less than 15 feet or be required to exceed 50 feet
if the building height is less than 50 feet.
(8) The side yards shall be a minimum of 15 feet on one side and half the building height on the other
if the building height is less than 40 feet. If the building height exceeds 40 feet, the side yards
shall be 15 feet plus one foot for each foot of building height in excess of 40 feet on one side and
20 feet plus one foot for each foot of building height in excess of 40 feet on the other. If property
abuts land in an R-1, R-2 or R-3 district at the side yard, that side shall have the larger required
side yard.
(9)
The width of the side yard abutting a building wall shall be increased two inches for each foot the
length of the wall of the building exceeds 50 feet. For the purpose of this section, a wall includes
any building wall within ten degrees of being paralle] to and abutting the side lot line of a lot.
(10) Side yard widths may be reduced if the side wall of a building is not paralle] by more than ten
degrees with the side lot line, to permit the average depth of the side yard to conform to the
minimum side yard depth in the district, but no side yard shall be less than five feet deep. No side
yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot
unless a garage which has access from the street is located on the lot or an alley provides a
secondary access to the rear yard of the lot.
(11) The rear yard depth shall be a minimum of 25 feet except when the rear lot line of land on the R-4
district abuts lands in the R-l or R-2 district, then the rear yard shall be a minimum of 25 feet or
the building height of the building in the R-4 district, whichever is greater.
(12) All dwelling units shall be at or above the grade of all land abutting the structure within a distance
of 25 feet from all faces of the building.
(13) Each lot developed with a single-family or two-family residence shall contain at least 400 square
feet of open lot area per dwelling unit. (Ord. No. 2267-04, 4-12-04)
(14)
Any parcels which are subdivided for the purpose of creating condominium ownership are
permitted provided that the overall density created within all condominium parcels plus the
common lot do not exceed the maximum density permitted within the use district. Provisions for
designed outdoor recreation area may be provided on a common lot. Any front, rear, and side
yard dimensions required by this section shall apply from the building face to the property line of
the common lot. (Ord. No. 2267-04,4-12-04)
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(15) A single~family house which legally existed or for which a valid building permit had been
granted on or before the effective date of the ordinance from which this chapter is derived, may
be expanded by an addition or dormer, provided the addition does not extend into the existing
side yard, and provided the combined width of the side yard for the building and the adjacent
building is not less than ten feet.
(Code 1976, S 14:5-4.5; Ord. No. 2232-02, S 2, 11-4-2002, Ord. No. 2239-03,4-7-03; Ord. No. 2267-04,
4-12-04))
Sec. 36-167. R-C high-density multiple-family residence district.
(a) Purpose and effect. The purposes of the R-C high-density multiple-family residence district
are to provide appropriately located areas for family living in a variety of dwelling types at densities
generally up to 50 units per acre (or up to 75 units per acre by POD) with sound standards for public
health and safety; to preserve as many as possible of the desirable characteristics of the single-family
residential districts while permitting higher population densities; to provide opportunities for accessory
and transitional commercial uses to support residential development; to ensure adequate light, air,
privacy, and open space for each dwelling unit; provide space for institutions which require residential
environments; to provide community services such as parks, schools, religious facilities, and community
centers supportive of a residential area while safeguarding its residential character; to minimize traffic
congestion and the impacts of high traffic volumes; to provide space for off-street parking of automobiles;
and to protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke,
vibration, heat, glare, and other objectionable influences.
(b) Permitted uses. The following uses are permitted in the R-C district if the use complies with
the residential restrictions and performance standards of section 36-162:
(1) Roominghouse.
(2) State-licensed residential facilities serving 16 or fewer persons.
(3) Park and open space.
(4) Office in existence or having received preliminary office development approval by March 1,
1999.
(5) Transit stations.
(c) Uses permitted with conditions. A structure or land in an R-C district may be used for one or
more of the following uses if it complies with the residential restrictions and performance standards of
section 36-162 and with those specified for the use in this subsection:
(1) Adult day care. The conditions are as follows:
a. The facility shall be located in a religious facility, community center, nursing home or
hospital.
b. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord.
No. 2267-04,4-12-04)
(2) Group day care/nursery school. The conditions are as follows:
a. A minimum of 40 square feet of outside play space per pupil mllst be provided and sllch
space shall be enclosed by F3 fence and bufferyard C.
b.
An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c.
The play area shall be located a minimum of 200 feet from any roadway defined on the
comprehensive plan as a principal arterial.
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(3) Group home/nonstatutory. The conditions are as follows:
a.
A minimum of 800 square feet of lot area shall be provided for each person housed on the
site.
b. At least 12% of the lot area shall be developed as designed outdoor recreation area. (Ord.
No. 2267-04,4-12-04)
c. The residence structure shall be occupied by not more than 50 persons under treatment.
d. The use shall be located a minimum of 1,500 feet from any other group homes.
e. Any group home accOImnodating 20 or more persons shall provide an outdoor recreation
area. Such recreation area shall be located a minimum of 25 feet from any parcel in an R
district.
f. A bufferyard D shall be provided along any abutting lot located within an R district.
g. A minimum of 300 square feet of gross building area shall be provided for each resident.
(4) Nursing home. The conditions are as follows:
a. A minimum of 500 square feet of lot area in shall be provided for each person to be
housed on the site.
b. All structures shall be located a minimum of 30 feet from a lot in an R district.
c.
At least 12% ofthe lot area shall be developed as designed outdoor recreation area. (Ord.
No. 2267-04,4-12-04)
d. The structure housing the use shall comply with the requirements of the state law and the
building code regulating the construction of licensed nursing homes.
(5) Community centers. The conditions are as follows:
a. The building shall be located a minimum of 50 feet from any lot in an R district.
b. An off-street passenger loading area shall be provided in order to maintain vehicular and
pedestrian safety.
c. Outdoor areas intended for group activities shall be located a minimum of 25 feet from
any lot in an R district and shall be buffered from such residential lot with a bufferyard D.
d. Conditions listed in subsections (c)(5)a. through (c)(5)c. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
e. The property shall be designated for civic or civic-mixed use in the comprehensive plan.
(6) Educational (academic). The conditions are as follows:
a. Buildings shall be located a minimum of 50 feet from a lot in an R district.
b.
An off-street school bus pickup and drop off area shall be provided in order to maintain
vehicular and pedestrian safety.
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c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any Jot in
an R district, and shall be buffered from such residential use with a bufferyard C.
d.
Conditions listed in subsections (c)(6)a. through (c)(6)c. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
e. The property shall be designated for civic or civic-mixed use in the comprehensive plan.
(7) Libraries. The conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a lot in an R district unless
otherwise specified in a redevelopment plan for the area that has been adopted as part of
the city comprehensive plan.
b. The property shall be designated for civic or civic-mixed use in the comprehensive plan.
(8) Parks/recreation. The conditions are as follows:
a. The principal structure shall be located a minimum of 50 feet from a lot in an R district.
b. Areas designated for group activities shall be located a minimum of 25 feet from a Jot in
an R district.
c.
A bufferyard C shall be constructed along the property line when such use abuts property
residentially used or in one of the R districts. This bufferyard shall include a B3 berm or
F4 fence which shall be adequately maintained. This provision shall not require a fence
within the required front yard or where it interferes with traffic visibility at intersections
(see section 36-76).
d. The entire site other than that taken up by structures, required bufferyards, or other
landscaped areas shall be surfaced with a material to control dust and drainage.
e. Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum
of 12 feet from any other structure on the same Jot.
f. A drainage system approved by the city engineer shall be installed.
g. Facilities which serve a communtywide or regional function shall be located with primary
vehicular access on a collector or arterial street.
h. Facilities within 300 feet of a property in an R district that require night lighting shall be
lighted according to a lighting plan approved by the director of public works which shall
include fixture specifications and demonstrate that off-site impacts will be minimized.
Such facilities shall have a bufferyard F located along the property lines of the facility
which abut an R district.
(9) Policelfire station. Conditions are as follows:
a. Buildings shall be located a minimum of 25 feet from a Jot an R district.
b.
Access shall be to a roadway identified in the comprehensive plan as a collector or
arteria] or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
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c. Unobstructed visibility shall be provided from the driveway to the adjacent streets for
emergency vehicles and a traffic light shall be installed at the entrance to the facility to
control nonemergency traffic if recommended by the director of public 'works.
Religious institutions. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot in an R district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shan be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Conditions listed in subsections (c)(1 O)a. and (c)(1 O)b. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
d. The property shall be designated for civic or civic-mixed use in the comprehensive plan.
(11) Communication tower. The conditions are as follows:
a.
b.
c.
d.
e.
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g.
Signs shall not be permitted on the tower structure or the antenna.
Tower structures shall be screened to minimize visual impacts.
Tower structures shall be a maximum of 112.5 feet high.
Tower structures shall not be permitted within any required yard or bufferyard.
A free standing communication tower shall be located a minimum of 1 1/2 times its
collapse radius from any property line of the site on which it is located.
Any tower exceeding 50 feet shall be painted light blue-gray in color.
For any tower exceeding 50 feet in height, the applicant shall demonstrate that another
alternative to piggyback the proposed antenna on another existing tower or building is not
possible.
h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the
structure.
1. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of
twice its height from any R-l, R-2 or R-3 zoned parcel.
(12) Multiple-family dwelling. The conditions are as follows:
.
a. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
b. A minimum of 12% of the building lot shall be developed as desJgned outdoor recreation
area. (Ord. No. 2267-04, 4-12-04)
c. The minimum spacing between buildings shall be the average heights of the buildings.
d.
All buildings shall be located a minimum of 15 feet from the back of the curb line of
internal private roadways or parking lots.
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e. If parking is accommodated on the required public or private road system, it must meet
minimum public street width requirements of the subdivision ordinance to allow on-street
parking.
f.
Sidewalks with a minimum width of five feet shall be provided along all sides of the lot
that abut a public street. Sidewalks shall also be provided between the public street and
parking areas to all building entrances.
g. Conditions listed in subsections (c )(12)a.--( c )(12)f. of this section and certain
performance standards may be waived or amended if so specified in a redevelopment
plan for the area that has been adopted as part of the city comprehensive plan.
(13) Cluster housing. The conditions are as follows:
a. Each lot developed with a single cluster housing unit shall contain a minimum of 400
square feet of open lot area or a minimum of 12% of the total cluster housing
development area shall be designed outdoor recreation area. (Ord. No. 2267-04,
4-12-04)
b. The minimum spacing between buildings shall be the average heights of the buildings.
c. Side and rear yards may be reduced to zero feet where dwellings are designed to share
common walls.
d. Sidewalks with a minimum width of five feet shall be provided along all sides of the lot
that abut a public street and along at least one side of interior private streets.
e.
Attached garages shall be located a minimum of 18 feet from the edge of a sidewalk
closest to it or from the back ofthe curbline of internal private roadways or parking lots if
no sidewalk exists.
f. If parking is accommodated on the required public or private road system, it must meet
the minimum public street width requirements of the subdivision ordinance to allow on-
street parking.
g. Conditions listed in subsections (c)(13)a.--(c)(13)c and (c)(13)e-f. of this section and
certain performance standards may be waived or amended using the PUD process if so
specified in a redevelopment plan for the area that has been adopted as pali of the city
comprehensive plan. (Ord. No. 2267-04)
(d) Uses permitted by conditional use permit No structure or land in any R-C district shall be
used for the following uses except by conditional use permit. These uses shall comply with the residential
restrictions and performance standards of section 36-162, the general conditions of section 36-367, and
with the specific conditions imposed in this subsection as follows:
(1) Elderly housing. The conditions are as follows:
a. Property shall meet all of the requirements of multiple- family dwellings.
b. Elderly housing shall provide a minimum of 900 square feet of lot area for each dwelling
unit.
c.
The property owner shall record a covenant to run with the land executed in a form
approved by the city which restricts the use of the property to occupancy by the elderly.
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(5)
d. The development shall provide a lounge or other inside community rooms equal In
aggregate size to a minimum of 15 square feet for each unit.
(Ord. No. 2267-04)
(2)
Hospital. The conditions are as follows:
a. Buildings located within 100 feet of any R-l, R-2 or R-3 district shall be limited to the
lesser of four stories or 45 feet. The height of all other buildings shall be regulated by
yard and floor area ratio requirements.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Internal traffic circulation shall be designed to minimize traffic within 100 feet of any
abutting residential property.
d. A bufferyard F shall be installed and maintained along any abutting R districts.
e. The property shall be designated for office use in the comprehensive plan.
(3) Public service structure. The conditions are as follows:
a. All exterior faces of all buildings shall meet the provisions of section 36-366.
b.
All structures shall be located a minimum of 15 feet from any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers. COrd. No. 2248-03, 8-18-03)
c.
All service drives shall be paved.
d. A bufferyard C shall be installed and maintained along property lines in an R district.
e. The use shall be found not to substantially detract from meeting housing goals identified
in the comprehensive plan.
(4) Hotel/motel. The conditions are as follows:
a. This use shall not be located within 100 feet of any low density residential parcels as
identified in the comprehensive plan.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. This use may not include restaurants, convention facilities, or food service as another
primary use on the same site or as an accessory use.
d. The use shall be found not to substantially detract from meeting housing goals identified
in the comprehensive plan.
Hostel. The conditions are as follows:
a. The hostel shall be affiliated with a national or international hostel organization and shall
be subject to the operating procedures of such organization.
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b. The hostel shall be available for occupancy only by members of the affiliate or the parent
organization.
c.
The hours of operation are from 6:00 a.m. to 1 :00 a.m.
d. Overnight parking of vehicles whose passenger capacity exceeds 15 shall be prohibited
on the site.
e. Any outdoor activity area shall be located as far as practicable from abutting residential
properties.
f. No room shall contain more than four beds.
(e) Uses permitted by PUD. No structure or land in an R-C district, shall be used for the
following uses except by the POO process. Provisions for the POO and modifications to dimensional
standards and densities are provided under section 36-367: ground floor retail, service, office and
medical/dental office in mixed-use buildings that are predominantly residential.
(f) Accessory uses. The following uses shall be permitted accessory uses in an R-C district:
(1) Private garage and parking space, provided they meet the requirements of section 36-361 and
36-366.
(2) Tennis court in conformance with section 36-73.
(3) Private swimming pool in conformance with section 36-73.
(4)
Family day care facilities.
(5) Service and retail facilities intended for use by residents not to exceed ten percent of the gross
floor area of the development.
(6) Home occupations complying with all of the following conditions:
a. All material or equipment shall be stored within an enclosed structure.
b. Operation of the home occupation is not apparent from the public right-of-way.
c. The activity does not involve warehousing, distribution or retail sales of merchandise
produced off the site.
d. No person is employed at the residence who does not legally reside in the home except
that a licensed group family day care facility may have one outside employee.
e. No light or vibration originating from the business operation is discernible at the property
line.
f. Only equipment, machinery and materials which are norn1ally found in the home are used
in the conduct of the home occupation.
g.
No more than one nonilluminated wall sign limited to two square feet in area is used to
identify the home occupation.
h.
Space within the dwelling devoted to the home occupation does not exceed one room or
ten percent ofthe floor area, whichever is greater.
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1. No portion of the home occupation IS permitted within any attached or detached
accessory building.
J.
The structure housing the home occupation conforms to the building code; and in the case
where the home occupation is day care or if there are any customers or students, the
home occupation has received a certificate of occupancy.
(7) Keeping of not more than two boarders or roomers by a resident family provided the living area
for the boarders/roomers is within the principal building and does not constitute a separate
dwelling unit.
(8) Living quarters of persons employed for domestic or medical purposes on the premises provided
the living area for the domestic/medical household staff is within the principal building and does
not constitute a separate dwelling unit.
(9) Signs, as regulated by this chapter.
(10) Gardening and other horticultural uses if the sale of those products on the premises IS m
compliance with home occupation provisions.
(11) Decorative landscape features including but not limited to pools, arbors and terraces.
(12) Parking ramps provided that all of the following conditions are met, unless said conditions are
waived or amended by a redevelopment plan for the area that has been adopted as part of the city
comprehensive plan:
a.
The height of any parking ramp located within 200 feet of any parcel that is zoned
residential and used or subdivided for residential use, or has an occupied institutional
building, including but not limited to schools, religious institutions, and community
centers may not penetrate the height of a line commencing at and perpendicular to said
parcel line and extending upward and away from said parcel at a slope of five horizontal
feet for each vertical foot.
b. The minimum yard requirement for any parking ramp located within 200 feet of any
parcel that is zoned residential and used or subdivided for residential use, or has an
occupied institutional building, including but not limited to schools, religious institutions,
and community centers, shall be 50 feet.
c. The parking ramp shall be screened from view from any abutting property located within
an R district with a bufferyard F. This bufferyard shall include a berm B4 or a beml wall
BW3 where the parking ramp is above ground.
d. If the parking ramp is located within 400 feet of any parcel that is zoned residential and
used or subdivided for residential use, or has an occupied institutional building, including
but not limited to schools, religious institutions, and community centers, all light sources
on the top deck of a parking ramp shall be below the sight lines drawn from a point one
foot above the light source to any point within said parcel ten feet lower than the
maximum structure height of that use at a distance of 400 feet from the wall of the
parking ramp nearest to the said parcel.
(Ord. No. 2248-03, 8-18-03)
(13) Helistops are permitted as an accessory use to a hospital provided that it is used exclusively in
connection with the hospital and is subordinate to the hospital in area, extent, and purpose. The
helicopter pad must be dustfree and screened from view and takeoff and landings shall not be
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over residential areas. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding
emergency operations.
(14)
Incidental repair or processing necessary to conduct a permitted use which shall not occupy more
than 30 percent of the floor area nor more than 30 percent of the gross labor hours required to
conduct the permitted principal use.
(15) Leasing and management offices associated with residential uses.
(g) Dimensional standards/densities. The following standards shall apply unless specifically
waived or amended by a redevelopment plan for the area that has been adopted as part of the city
comprehensive plan or as provided in section 36-367:
(1) No structure or building shall exceed six stories or 75 feet in height, whichever is less, except as
provided in section 36-78.
(2) The floor area ratio shall not exceed 1.2 and the ground floor area ratio shall not exceed 0.25.
(3) A side yard abutting a street shall not be less than 15 feet in width.
(4) The density shall not exceed 50 units per acre.
(5) The minimum lot area shall be 15,000 square feet, except where subdivisions for the purpose of
establishing condominium ownership result in lot sizes smaller than the established minimum.
(6) The minimum lot width shall be 80 feet, except where subdivisions for the purpose of
establishing condominium ownership result in lot sizes smaller than the established minimum.
(7)
The front yard depth shall be a minimum of 30 feet or a distance equal to the building height,
unless the average depth of at least two existing buildings within 150 feet along the same block
front of the lot in question are less than or greater than 30 feet, then the required front yard depth
shall be the average depth of such existing front yards or the building height whichever is greater.
However, the depth of the front yard shall not be less than 15 feet or be required to exceed 50 feet
if the building height is less than 50 feet.
(8) The required side yards shall be a minimum of 15 feet on one side and half the building height on
the other if the building height is less than 40 feet. If the building height exceeds 40 feet the side
yards shall be 15 feet plus one foot for each foot of building height in excess of 40 feet on one
side and 20 feet plus one foot for each foot of building height in excess of 40 feet on the other. If
property abuts land in the R-1, R-2 or R-3 district at the side yard, that side shall have the greatest
depth.
(9) The width of the side yard abutting a building wall shall be increased two inches for each foot the
length of the wall of the building exceeds 50 feet. For the purpose of this section, a wall includes
any building wall within ten degrees of being parallel to and abutting the side lot line of a lot.
(10) Side yard widths may be reduced if the side wall of a building is not parallel by more than ten
degrees with the side lot line, to permit the average depth of the side yard to conform to the
minimum side yard depth in the district, but no side yard shall be less than five feet deep. No side
yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot
unless a garage which has access from the street is located on the lot or an alley provides a
secondary access to the rear yard of the lot.
(11 )
The rear yard depth shaH be a minimum of 25 feet except when the rear Jot line of land on the R-
C district abuts lands in the R-l, R-2 or R-3 district, then the yard requirement shall be a
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minimum of 25 feet or the building height of the building in the R-C district, whichever is
greater.
(12) All dwelling units shall be at or above the grade of all land abutting the structure within a distance
of 25 feet from all faces of the building.
(13) Any parcels which are subdivided for the purpose of creating condominium ownership are
permitted provided that the overall density created within all condominium parcels plus the
common lot do not exceed the maximum density permitted within the zoning district. Provisions
for designed outdoor recreation area may be provided on a common lot. Any front, rear and side
yard dimensions required by this section shall apply from the building face to the property line of
the common lot. (Ord. No. 2267-04,4-12-04)
(Code 1976, S 14:5-6; Ord. No. 2232-02,92, 11-4-2002; Ord. No. 2248-03, 8-18-03; Ord. No. 2267-04,
4-12-04)
Sees. 36-168--36-190. Reserved.
Ilpdina code - R -1 Zoning district
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Reply to <l1l/'~i< Forward ~:-J ,.:ll< .;s. v Close
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From:
Bob Sharrer [bob~L;rOundalionarch.co'm]
Burt. Tom
Sent \\led 7,'12(2006 9:07 A~,1
To
Cc
Subject:
A tlaChmellls
Edina code. R-I Zoning district
View As Web Pal't
ABOUT EDINA I CITY DEPARTMENTS I PARKS & FACILITIES I CITY COUNCIL I PRESS RELEASES & PUBLICATIONS
LINKS I CALENDAR I PERMITS & APPLICATIONS I CITY CODE I EDINA STORE I TRAFFIC I RESIDENT INFO
Return to
Section 850 Index
r City Code
) Section 850.11 - Single Dwelling Unit District (R-1).
850.11 Single Dwelling Unit District (R-1).
Subd. 1 Principal Uses.
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving ranges or miniature golf courses as
a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and temples.
B. Elementary schools, junior high schools and senior high schools having a regular course of study
accredited by the Minnesota Department of Education, preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but not limited to, administrative
offices, libraries, public safety buildings and places of assembly.
D. Golf course club houses.
E. Parking facilities and other uses which are. accessory to conditional uses including, but not limited to,
seminaries, private schools, monasteries and nunneries, but excluding preschools, nurseries and day care
permitted by paragraph C. of Subd. 3 of this Subsection 850.11.
F. Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection 850.04.
G. Day care facilities, pre-schools and nursery schools.
Subd. 3 Accessory Uses.
A. The following accessory uses are permitted on the same lot as a single dwelling unit building:
1. Accessory garages.
2. Greenhouses, garden houses, decks, patios and gazebos.
3. Tool houses and sheds for the storage of domestic supplies.
4. Private swimming pools, tennis courts and other recreational facilities for use only by residents of the
principal use and their guests.
5. Improvements customarily incidental to singie dwelling unit buildings including, but not limited to,
driveways, sidewalks, flagpoles and clotheslines.
6. Customary home occupations.
7. Day care facilities, licensed by the State, located within the single dwelling unit building.
8. Temporary retail sales of evergreen products from Conditional Use properties pursuant to a permit
issued in accordance with this Subsection 850.11.
A. Uses and facilities accessory to and on the same lot as a golf course, including maintenance
buildings, golf driving ranges, swimming pools, tennis courts and other related recreational facilities.
B. Preschools, nurseries and day care within elementary, junior high and senior high schools and
religious institutions.
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C. Rooms for residential occupancy by persons employed by religious institutions or golf courses.
Subd. 4 Interim Uses of Elementary, Junior and Senior High School Buildings Owned by
Independent School District No. 273.
A. Purpose and Intent. The Council recognizes that several public elementary, junior high and senior
high school buildings owned by Independent School District No. 273 (the "School District") have been, or
will be, wholly or partly closed for public education purposes due to the decreasing school age population
of the School District. It further recognizes that many such buildings will be retained in School District
ownership in order that they may be reused for public education purposes in the future if the School
District's school-age population increases. Therefore, the Council has determined that the school buildings
should be allowed to be temporarily occupied by appropriate uses during this interim period in order to
preserve a substantial public investment, to prevent the deterioration of such publiC properties thereby
adversely impacting surrounding private properties. to prevent an undue financial burden upon the School
District, and to promote the general health, safety and welfare of the residents of the City. However, it is
not the purpose and intent of this Section to allow the permanent reuse of such public school buildings for
the interim uses permitted or allowed by this Section.
B. Permitted Interim Uses.
1. Schools for teaching music, dance, arts or business vocations which do not require a conditional use
permit pursuant to paragraph D. of Subd. 4 of this Subsection 850.11; and
2. Administrative offices and meeting rooms (excluding lodge halls) for private non-profit organizations,
and counseling services, which, together with the other such offices and meeting rooms in the same public
school building do not occupy, in the aggregate, in excess of the minimum percentage of gross floor area
set out in subparagraph 1.a. of paragraph D. of Subd. 4. of this Subsection 850.11, and if such offices and
meeting rooms do not require a conditional use permit pursuant to subparagraph 1.b. of paragraph D. of
Subd. 4. of this Subsection.
C. Termination of All Interim Uses, If all or any part of any public school building, or the land upon which it
is located, is disposed of or transferred to private ownership by deed, contract for deed, lease for more
than three years or by other means, all interim uses shall cease and the building and land shall then be
used for only principal uses, and accessory uses permitted in the zoning district in which the land is
situated, or allowed conditional uses pursuant to the grant of a conditional use permit.
D. Conditional Interim Uses.
1. Only the following interim uses are allowed subject to the grant of a conditional use permit:
a. administrative offices and meeting rooms for private non'profit organizations, and counseling
services, which, together with the other such offices and meeting rooms in the same public school building
wili, in the aggregate, occupy 35 percent or more of the gross floor area of the building; and
b. administrative offices and meeting rooms for private non-profit organizations, and counseling services
and schools for teaching music, arts, dance or business vocations which are open for operations between
6:00 P.M. and 7:00 A.M. on three or more days per week.
2. No conditional use permit shall be issued unless the Council finds that the hours of operation of the
proposed use(s) will be complementary to other uses in the building or on the property and will not
adversely impact the residential character of surrounding properties.
Subd. 5 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area.
1. Single Dwelling Unit
9,000 square feet provided however, if the lot is in a
neighborhood as defined in Section 810 of this
Code, which has lots with a median lot area greater
than 9,000 square feet, then the minimum lot area
shall be not less than the median lot area of the lots
in such neighborhood.
5 acres
10 acres, plus 1 acre for each 150 pupils of planned
maximum enrollment.
2. Elementary School
3. Junior high schools, senior high
schools, seminaries, monasteries,
nunneries, and community centers
4. Religious institutions
5. Day care facilities, pre-schools and
nursery schoois
3 acres.
2 acres
B. Minimum Lot Width.
Single dwelling unit building
75 feet, provided however, if the lot is in a
neighborhood as defined in Section 810 of this
Code, which has lot with a median lot width greater
than 75 feet, then the minimum lot width shall be not
less than the median lot width of lots in such
neighborhood
C. Minimum Lot Depth.
Single dwelling unit building
120 feet, provided, however if the lot is in a
neighborhood as defined in Section 810 of this
Code, which has lots with a median lot depth greater
than 120 feet, then the minimum lot depth shall be
not less than the median lot depth of lots in such
neighborhood.
D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to perimeter ratio of not less
than 0.1.
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A. Building Coverage.
Subd.6 Requirements for Building Coverage, Setbacks and Height.
1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not more than 25 percent for all
buildings and structures, provided, however, that the combined total area occupied by all accessory
buildings and structures, excluding attached garages, shall not exceed 1,000 square feet.
2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for
all buildings and structures, provided, however, that the area occupied by all buildings and structures shall
not exceed 2,250 square feet.
3. The combined total area occupied by all accessory buildings and structures, excluding attached
garages, shall not exceed 1.000 square feet for lots used for single dwelling unit buildings.
B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of this Subsection
850.11).
1. Singie dwelling unit buildings on lots 30'
75 feet or more in width.
2. Single dwelling unit buildings on lots 30'
less than 75 feet in width.
3. Buildings and structures accessory to
single dwelling unit buildings:
a. Detached garages, tool sheds,
greenhouses and garden houses entirely
within the rear yard, including the eaves.
b. attached garages, tool sheds, 30'
greenhouses and garden houses.
C. detached garages, tool sheds,
greenhouses and garden houses not
entirely within the rearyard
d. unenclosed decks and patios 30'
e. swimming pools, including 30'
appurtenant equipment and required
decking.
f. tennis courts, basketball courts, 30'
sports courts, hockey and skating rinks,
and other similar recreational accessory
uses including appurtenant fencing and
lighting
g. all other accessory buildings and 30'
structures
4. Other Uses:
a. All conditional use buildings or 50'
structures including accessory thereto
except parking lots, day care facilities,
pre-schools and nursery schools
b. Driving ranges, tennis courts, 50'
maintenance buildings and swimming
pools accessory to a golf course.
c. Day care facilities, pre-schools 30'
and nursery schools.
C. Height
Front
Street
Side
Street
Interior
Side
Yard
Rear
Yard
15' 10' 25'
15' 5' 25'
15' 3' 3'
15' 5' 25'
15' 5' 5'
15' 5' 5'
15' 10' 10'
15' 5' 5'
15'
5'
5'
50'
50'
50'
50'
50'
50'
35'
35'
35'
1. Singie dwelling units buildings and 2 Yo stories or 30 feet
structures accessory thereto. whichever is less
2. Buildings and structures accessory to 1 Yo stories or 18 feet
single dwelling unit buildings, but not whichever is less
attached thereto.
3. All other buildings and structures 3 stories or 40 feet
whichever is less
Subd. 7 Special Requirements. In addition to the general requirements described in Subsection
850.07. the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the frontage on one side of a street
between intersections is occupied by buildings having front street setbacks of more or less than 30 feet,
the average setback of such existing buildings shall be maintained by all new or relocated buildings or
structures or additions thereto on the same side of that street and between said intersections. If a building
or structure or addition thereto is to be built or located where there is an established average setback and
there are existing buildings on only one side of the built or relocated building or structure or addition
thereto. the front street setback of said new or relocated building or structure or addition thereto need be
no greater than that of the nearest adjoining principal building. If a building or structure or addition thereto
is to be built or relocated where there is an established average setback, and there are existing buildings
on both sides of the new or relocated building or structure or addition thereto, the front setback need be no
greater than that which would be established by connecting a line parallel with the front lot line connecting
the most forward portion of the adjacent principal building on each side.
2. Side Street Setback. The required side street setback shall be increased to that required for a front
street setback where there is an adjoining interior lot facing on the same street. The required side street
7/13/2006 12: 11 PM
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'Edina code - R-l Zoning district
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setback for a garage shall be increased to 20 feet if the garage opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback shall be increased by 6 inches for
each foot the building height exceeds 15 feet. For purposes of this subparagraph, building height shall be
the height of that side of the building adjoining the side lot line and shall be measured from the average
proposed elevation of the ground along and on the side of the building adjoining the side lot line to the top
of the Cornice of a flat roof, to the deck line of a Mansard roof, to a point on the roof directiy above the
highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, to the average
distance of the highest gable on a pitched roof, or to the top of a cornice of a hip roof.
4, Rear Yard Setback - Interior Lots, If the rear lot line is less than 30 feet in length or if the lot forms a
point at the rear and there is no rear lot line, then for setback purposes the rear lot line shall be deemed to
be a straight line segment within the lot not less than 30 feet in length, perpendicuiar to a line drawn from
the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from
the front lot line.
5, Rear Yard Setback - Corner Lots Required to Maintain Two Front Street Setbacks. The owner of a
corner lot required to maintain two front street setbacks may designate any interior lot line measuring 30
feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot
required to maintain two front street setbacks may deem the rear lot line to be a straight line segment
within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street
frontages to the junction of the interior lot lines, the line segment being the maximum distance from the
junction of the street frontages.
6, Through Lots. For a through lot, the required setback for all buildings and structures from the street
upon which the single dwelling unit building does not front shall be not less than 25 feet.
7, Accessory Buildings and Structures Used for Dwelling Purposes. Subject to the requirements of
paragraph B. of Subd. 7 of this Subsection 850.11, if any accessory building or structure (including. without
limitation, garages), or if any addition to or expansion of (including, without limitation, an additional story
on) an accessory building or structure (including, without limitation, garages), is used or intended for use,
in whole or in part, for residential occupancy, then such accessory building or structure or such addition or
expansion, shall comply with all of the minimum setback requirements for a single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling unit shall be erected,
placed or used on any lot unless the lot is subdivided into two or more lots pursuant to Section 810 of this
Code,
C, Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the flrst 150 square feet of
an unenclosed deck or patio shall not be included when computing building coverage.
D, Basements. All single dwelling unit buildings shall be constructed with a basement having a gross floor
area equal to at least 50 percent of the gross floor area of the story next above, The floor area of
accessory uses shall not be included for purposes of this paragraph,
E. Minimum Building Width. No more than 30 percent of the length, in the aggregate. of a single dwelling
unit building shall measure less than 18 feet in width as measured from the exterior of the exterior walls,
F, Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1 District.
G, Temporary retail sales of evergreen products from Conditional Use properties
The Manager may grant a permit for temporary retail sales of evergreen products, if:
a, the owner of the property or other non-profit group approved by the owner conducts the sale,
b, the duration of the sale does not exceed 45 consecutive days and does not start before November 15
in any year,
c. the sale area is located in a suitable off-street location that does not interfere with traffic circulation on
the site or obstruct parking spaces needed by the principal use on the site.
d. the sale area is not located within 200 feet of a property zoned and used for residential occupancy.
e. the hours of operation do not extend beyond 10:00 p.m.
f. signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square
feet.
Bob Shaffer
Cily Council Member
City of Golden Valley
bob.shaffer@ci.Qolden.,.vallev.mn.us
7/13/2006 12: II PM
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5 ways to fight the McMansion expansion
If you're worried about megahomes encroaching on your neighborhood, take
matters into your own hands with these 5 tips.
B Christ her Solomon
"
Back to: The swelling McMansion backlash
"
For many homeowners, less is so much more
"
6 ways to maximize room
There's no doubt about it: Today's homes are big and getting bigger. The average
American home more than doubled in size between 1950 and 2004 -- from 983 square
feet to 2,349 square feet. According to the U.S. Census' survey of Construction, 10,000
new homes constructed in 2004 and 2005 were 6,000 square feet or larger.
While some proponents would point to the increased property values and influx of tax
funds that McMansions can bring to a neighborhood, it can be tough to look at the
bright side when a towering "starter castle" is blocking your sun.
Here are five tips for preserving the character of your neighborhood:
. Be proactive. Assemble your neighbors into a homeowners group before
trouble starts. A neighborhood association lets you speak with a more unified
voice that can be heard by city hall better than a few neighbors.
. Create covenants. "If you really want to stop this, get together with your
friends, get a lawyer and develop covenants on architectural style and size" for
your neighborhood, before it becomes an issue, said Robert Lang, a professor
and the director of the Metropolitan Institute, a research institute tied to Virginia
Tech. In Lang's neighborhood of flat-roofed, modernist homes, for example, he's
not allowed to add a garage. This works in communities with unified
architectural styles.
. Think historical. Occasionally, neighborhoods can find protection against big
change by securing state or federal historic district status. But did you know that
some cities also can designate historic districts?
, ,
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'"
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. Remember: Change happens. Be realistic; neighborhoods do change over
time. "Maybe through the discussions, 'no, no, no' is the answer" to whether a
big house should be built, said Chuck Schlabach, president of the Naperville
Area Homeowners Confederation in Illinois, which includes 140 associations in a
city that has seen major change. But "yes" might be the answer, too, Schlabach
said. "By being more organized and being more positive, you'll get more done.
There is a way to win, but you've got to keep the other party in mind as you
move toward that. It's got to be win-win." This might mean being creative and
imposing energy-consumption restraints, rather than outright square-footage
caps, for example.
. Read up. Want to build a home that meshes well with a neighborhood or devise
guidelines for new and remodeled homes in your area? Community First, an
Illinois group of architects, residents and developers, has developed a
"Workbook for Successful Redevelopment" ($19.95) to help homeowners
identify architectural elements that characterize their neighborhoods and define
processes to protect that character. Some sample pages are available here.
.
.
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The swelling McMansion backlash
Local governments and ordinary citizens are saying 'no' to so-called Hummer
houses and starter castles. Tactics include energy-consumption restrictions,
petitions and outright building moratoriums.
B Christo her
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Sidebar: 5 ways to fight back
"
For many homeowners, less is so much more
6 ways to maximize room
"
Release the zoning hounds: The McMansion backlash has begun.
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Reeling from the towering megahouses that have been cropping up in neighborhoods
nationwide, communities aren't just standing by and letting them flourish unchallenged
anymore.
From Atlanta to Austin, Texas, and beyond, more governments have started imposing
stricter building limits and even temporarily halted new construction while they try to
get a handle on the explosion of these 4,000- to-10,000-square-foot homes, sometimes
sneeringly called "garage mahals," "Hummer houses" or "starter castles."
"It's happening in lots of places," John Nolon, counsel to the Land Use Law Center at
Pace Law School in New York, said of the backlash.
Super-size me
A drive around many American neighborhoods confirms it: Today's homes are big. No,
not big -- huge. The average American home swelled from 983 square feet in 1950 to
2,349 square feet in 2004 -- a 140% increase in size. And everything about them is
bigger, from their three- and four-car garages to the professional-grade stoves and
refrigerators. In 2004, 43% of new homes had 9-foot ceilings, up from less than 15% in
the 1980s.
.
Outsized houses, and criticism of them, isn't new -- it's happened since the Gilded Age,
said Robert Lang, a professor and the director of the Metropolitan Institute, a research
institute tied to Virginia Tech. The modern mega-house trend "is about a 20-year
trend," said Lang, "but it's more obvious now; people are putting more money into
housing than they have been in the past."
.
Wrangling over the size of homes and their impact was once confined to areas where
lots of money pooled -- places like Aspen, Colo., and Fairfield County, Conn. Indeed,
Pitkin County, home to Aspen, is now considering a 15,000-square-foot cap on homes n
a limit discussed since a Saudi prince built a 55,000-square-foot manse there in the
early 1990s.
But now mega-homes have started to appear in established city neighborhoods and
suburbs nationwide. These places share one characteristic: ''It's confined to growth
areas with some affluence in general," said Pace's Nolon. "You see it in areas like Santa
Fe and Los Angeles and San Francisco and some parts of Atlanta -- you probably don't
see it in Detroit."
The White House next door
What's behind the shift? People with money are looking back to close-in communities in
or near big cities. Older, close-in communities often have more character. They also
have a shorter commute.
.
"They love the neighborhood; the house needs improvement," Lang says of the
newcomers. Much of this post-war housing -- "the housing stock that was the good life
of 1955, which was defined by good job and meatloaf," said Lang -- is now tired and
rather small by today's standards. Many of the homes are simply bought for the lot,
razed and replaced. Naperville, III., a city of 130,000 people with a historic downtown
that sits about 25 miles west of downtown Chicago, has seen 325 "tear-downs" since
2001.
Communities that have been dealing with an influx of large homes include Lakewood,
Colo.; Arlington, Va.; Cresskill, N.J.; Oak Park, a suburb of Dallas; Austin, Texas; and
Atlanta. "There are 40,000 local governments in the United States, and they make the
call on this," said Nolon. ''It's all kind of a grand experiment at the local level."
Many of those homes appear without much problem, said Lang. But it's the "man bites
dog" examples that get people scared n and showing up at city hall. In DeKalb County,
Georgia, which includes part of Atlanta, "When it really hit the fan was in one particular
community, when a developer built a replica of the White House," recalled Vernon
Jones, the county's chief executive.
.
Austin's fight
Austin typifies the McMansion craze n and the backlash that's followed. Several of the
city's neighborhoods like Tarrytown and Travis Heights have seen an influx of large
homes, said Kathie Tovo, president of the Bouldin Creek Neighborhood Association, who
lives in a "funky, fun" area just south of downtown that also has seen some change.
Just down the street from their modest home, Tovo and her architect husband bought a
house as an investment. After they finished remodeling it, the home next door got
knocked down and replaced by a 4,000-square-foot building housing two
condominiums. "What had been not a tiny, but a modest-size and -scale cottage, has
.
been replaced by something hugely bigger than what's the scale along that street,"
Tovo said. "The entire yard is now lined by this massive house," she says of her house.
Tovo and others, including many elected officials, worry that the homes are not only out
of character with many neighborhoods, but that they put stress on older infrastructure
and too quickly raise property values and thus tax rates. This forces out longtime
residents, including a more ethnically and economically diverse mix of people. "Some
people have made the argument that this is infill," Tovo said. "But it really isn't; you
don't end up with more people, you just end up with the same number of people in
bigger houses."
Hollering 'time out'
Many communities are trying different things to get a handle on the rapid changes and
keep their character:
. In January, the mayor of Atlanta imposed a brief moratorium on housing
permits in five upscale Atlanta communities in the northeast part of the city.
That has since expired, but the city is looking at rewriting some zoning codes to
limit what gets built.
.
. In Marin County, Calif.,which was forced to start dealing with the issue earlier
than other places due to San Francisco-area wealth, a 1997 "big-and-tall
ordinance" requires design review for any home that's more than 4,000 square
feet or over 30 feet high, said Brian Crawford, deputy director of planning
services for the Marin County Community Development Agency. Why 4,000
square feet? "In 1997,4,000 square feet was considered a large home." Now,
Crawford said, "It's not unusual for us to get 6,000- to 8000-square-foot-home
proposals. We had one recently that was 14,000 square feet."
Earlier this year, the county bolstered its regulations to add an array of design
considerations; planners can now consider the median home size of the
surrounding neighborhood when deciding whether to approve a home, he said.
. After two years of study, Georgia's DeKalb County, which has seen
McMansions appearing in older neighborhoods, put a new strategy on the books
earlier this year: A neighborhood that doesn't want the mega houses can gather
the signatures of 60% of its residents, then petition the county's board of
commission for a zoning overlay. "You have to do it on a neighborhood-by-
neighborhood basis," said Jones, the county's chief executive. "It gives the
politicians, the elected officials a grasp of what the people really want in that
area." (Read about how you can fight for your neighborhood here.)
.
. In February, Austin put in place interim rules that limit the maximum size of a
new single-family home on any lot that previously had a house. For now, a
builder can build up to the greatest of the following: 2,500 square feet; 20%
larger than the home that was removed; or a OA-to-l floor-to-area ratio for the
lot. There also are limits on major additions to homes. Meanwhile, a task force is
.
studying the issue.
Austin residents seem torn about the regulations. Tovo has gotten calls from
upset residents who see all this as a threat to their ability to sell their existing
homes and land for top dollar.
A McUpside to McMansions?
That concern speaks to what some people argue are the upsides of large houses --
within reason:
. Bigger homes can bring a lot more tax money to a small town that doesn't have
much of a commercial tax base. "If it's an old, old neighborhood, any new
development coming in can be good," said Jones. Even a mega-house is better
than a crack house, he said.
.
. People who have lived in an area a long time and bought their house cheap
stand to make a lot of money as property values increase, said Lang. "If you
don't think you can pay the taxes, sell the house, then downscale the living
space and live somewhere else in a nice place," he said. He is not particularly
sympathetic to the argument that people should be able to live in a
neighborhood forever. "Who said everything's frozen for all time?" He added,
"Some seniors live in an area where there's housing abandonment. I'll bet they'd
like to trade."
Making big houses go green
One strategy some governments have pursued in trying to discourage larger houses, or
at least shrink their impact, is to make them pay their way, energy-wise:
. Shrink the energy footprint. In Marin County, Calif., where planners are now
making sustainability a hallmark of the county plan, newer rules require that any
project of 3,500 square feet or more, whether a new home or a remodel, meet
the energy budget of a 3,500 square-foot home. In short, the bigger the house,
the more efficient (relatively speaking) it has to be, said Alec Hoffmann, the
county's green building program coordinator.
. Think green. Also in Marin County, projects that must undergo design review,
or get a variance -- that is, any home over 4,000 square feet -- must fill out a
green-building checklist and meet a certain number of points.
.
. Go big -- and pay. In Pitkin County, Colo., home of Aspen, if a new home is
more than 5,000 square feet, the builder must either prOVide onsite renewable
energy (via something like solar panels) or pay a $5,000 fee to the Colorado
Office of Resource Efficiency, which will use the money for renewable energy
projects elsewhere. If the house is 10,000 square feet more, the fee goes up to
$10,000 if no onsite renewable energy is provided. And if a home exceeds its
property's allocated energy budget as determined by local codes -- due to a
. .
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large spa, a heated driveway, etc. u the homeowner must "buy" energy from
the Renewable Energy Mitigation Program, up to $100,000.
More supersized indigestion to come?
Are big houses -- and big controversy n the future?
Some evidence suggests that for an increasing number of home buyers, bigger isn't
better. Many baby boomers are now empty-nesters who need less space. The average
American home size, which zoomed starting in the 1980s, gained just 25 square feet
between 2001 and 2004, said Steve Melman, director of economic services for the
National Association of Home Builders. (Read more about the small-house trend here.)
Yet, said Melman, there's plenty of people who apparently still want houses of 4,000
square feet and larger. Drawing an analogy, he said, "I think a lot of people still want
that n they still want the SUVs even though the price of gasoline went up." (The U.S.
Census' survey of Construction reported that 0.5% of new homes constructed in 2004
and 2005 were 6,000 square feet or larger n that might not seem like much, but that's
still 10,000 homes.)
.
Yet the backlash, too, is just getting started, say observers. "You're going to see a lot
more of this," said Lang -- especially in places like southern California and Florida that
have all but run out of virgin land to build on, and where builders are eyeing older
suburbs. "By 2020, this could be some nasty stuff; something could probably make its
way to the Supreme Court."
.
.
For many homeowners, less is so much more
The average American home has more than doubled in size since 1950. But a
number of people are bucking the McMansion trend -- and finding their smaller
homes to be more than ample.
B Christo her Solomon
II
Sidebar: 6 ways to maximize room
II
Create order out of closet chaos
II
Knock $4,000 off your taxes by going solar
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As an increasing number of Americans see it, our overfed physiques and gargantuan
SUVs aren't the only things that could use some slimming down -- the ballooning
American home needs to go on a diet, too.
Consider the evidence: The average American home grew from 983 square feet in
1950, to 2,349 square feet in 2004 -- a 140% increase. Yet the American household
shrank by 18% between 1970 and 2003, from 3.14 people to 2.57, on average.
But does square footage equal happiness?
In recent years, a less-is-more upswell has begun, stoked largely by architect Sarah
Susanka's bestseller, "The Not So Big House," and related books. Susanka and her
cohorts' message is simple: Smaller can be beautiful, and better.
Trashing the big = success model
"There are always going to be people who want the big house, even if they don't need
or even use all of that space, and the reason is that a part of our culture associates
bigness with success -- a big car, a big house," says Michelle Kodis, author of "Blueprint
Small" and other books. But, Kodis adds, "There is a whole other group of people, which
is quite significant, who want just enough space, who don't want to be showy, who
don't need 10,000 square feet to show that they've made it in America."
.
Susanka has zeroed in on this group even further. "It's at least a quarter of the
population of the United States (referring to what author Paul Ray calls the "cultural
creatives") who look at what's happening in suburbia and say, 'Oh my God, I don't want
that.' They have historically purchased existing houses in the inner ring of the suburbs.
The reason they've done that is that the houses have character and the neighborhoods
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historically are strong." These people are often educated, progressive types of varying
income levels who think about more than just their own needs. "You could say they
have 'green' values," Susanka says, speaking from her not-so-big home office in
Raleigh, N.C.
The trend toward smaller, more finely outfitted domiciles is particularly obvious in urban
areas right now, argues Richard Gollis, principal at The Concord Group, a Newport
Beach, Calif.-based real estate research firm. That's because cities are home to the
"urban barbell" -- older people without children, and young professionals without
children, who want to enjoy the Vibrancy of a city.
"We're starting to see that buyers are willing to trade off size, square footage, for
location," says Gollis.
.
Small as radical
Susanka's idea was so simple it was radical: "It's time for a different kind of house," the
architect wrote, manifesto-like, in her 1998 book "The Not So Big House." "A house that
is more than square footage; a house that is Not So Big, where each room is used every
day. A house with a floorplan inspired by our informal lifestyle instead of the way our
grandparents lived." She derided most spraddling suburban tract homes, with their
unused dining rooms and their too many bathrooms, as spacious but not particularly
comfortable -- less nests than "massive storage containers for people."
That book, and the five that have followed, clearly tapped into something. More than
one million of Susanka's books have been sold since 1998, including the latest, "Outside
the Not so Big House: Creating the Landscape of Home," which just appeared. A bevy of
books by other writers in recent years have struck a similar theme.
How much room does a couple or a family really need, anyway?
"As long as you use all of the space actively, that's the amount of room you need," says
author Kodis. "The goal of smaller-space living is notto cram yourself into a smaller
space to make a point." Instead, in such a home, "There's no wasted space, but it's
comfortable." For example, how many families honestly use their formal dining rooms
or living rooms -- a few times a year? Then why pay for homes with them, and pay to
furnish them? Wouldn't it be better to focus on creating a very well-suited
kitchen/dining/living area, since most families spend their time there, ask Susanka and
others.
.
How small is small?
Indeed, the very definition of "small" varies depending on each family's needs. Having
children won't preclude you from going smaller because it's less about buying a home
under the median square footage and more about rethinking your needs.
.
Here's Susanka's general rule of thumb: After seriously evaluating how they use their
home, day in and day out, homeowners usually can expect to comfortably reduce the
size of their next home by one-third.
Susanka recommends using the money saved to personalize the home with lots of fine
details and "built-ins" -- sleek storage, great floors, interesting ceilings and recurring,
unifying details (from a tile motif, to a pattern in the wainscoting and other woodwork).
That is, they remain even if the house were turned over and shaken. Taken together,
these make the smaller home particularly charming and livable. (For tips on maximizing
space, click here.)
That's happening, to some degree, among the urban barbell, says Gollis. "What we're
seeing is very small units loaded with the very best features -- Viking and Wolf ranges,
very expensive bath features; nice tiles and marble on the floor -- really almost like a
yacht-cabin approach, like a ship, everything in its place," he says.
.
One urban example of small spaces, thoughtfully rendered, is rising in downtown
Seattle. The developers of the 94-unit Lumen condominium complex have made a
priority of cultivating a feeling of airiness, through the use of light and creative
floorplans. "From the front door to the outside (glass) wall, there's a 40-foot run of
cabinetry" built into the units, says co-developer Alan Winningham. Movable glass
partitions, like Japanese shoji screens, will allow each home to be divided into different
configurations. Each condo will have a floor-to-ceiling glass wall that opens onto a
balcony that will feel like part of the living area, he adds, and make the homes feel
larger than their 500 to 2,100 square feet. Another option will be a platform bed with
gas struts that will lift to reveal a storage area.
Why small can be better
But why think small, you ask, besides just modesty? Experts say that the more
modestly proportioned home has many advantages:
.
. Less use of materials. A smaller house doesn't only use fewer natural
resources, it requires fewer large furnishings to fill it.
. More comfortable. "Humans have a tendency to want to nest just like other
animals, so big cavernous spaces just aren't as intimate and comfortable as a
room that's scaled down to a person's size," says Kodis. In other words,
Versailles may be impressive to visit, but you wouldn't want to live there. A lot
of today's 5,000-square-foot homes are designed to overwhelm, not welcome.
. More efficient. Smaller spaces are cheaper to heat, and take less time to clean.
. Addition of pleasant details. People often can't afford to do much customizing
to big houses -- there's simply too much of them -- but in a small house you can
redirect money to add delightful touches. Susanka, for example, added
handsome (and costlier) cherry veneer on the door to her work studio, an extra
touch she sees every day that makes her happy.
. World peace? OK, maybe not. But "smaller space keeps you more connected
with your family," and leads to better family relations, suggests Kodis.
.
One family's success
Tracy Stanton is a believer. A few years ago, the environmental consultant decided to
incorporate some of Susanka's ideas when expanding the one-story, 1,800-square-foot
1950s rambler she owns with her husband in Bethesda, Md. "It had no curb appeal; it
wasn't ugly, but it wasn't interesting either." The couple looked hard at its needs and
decided to scale down its renovation, only adding a second-floor study and making
several renovations to the ground floor.
"We both love the outdoors and light, so we tried to bring as much of the outdoors
inside as we could. So we have skylights in our second-floor addition, and natural wood
and earth tones ... things that made us feel that we were sitting out on the back porch
with our feet up," Stanton says. During renovation, when the contractor uncovered the
old structural two-by-four studs, the coupled decided to have them covered with a
handsome wood veneer in order to make a more interesting ceiling. "It feels more
roomy and has got more texture to it than just a flat ceiling," Stanton says.
Downstairs, among other changes, the couple gutted the kitchen and opened up the
floorplan. Now, "you can see from the front door all the way through the house and into
the back," she says approvingly. The kitchen is "open and airy and light." And,
importantly, the house doesn't overwhelm the neighborhood.
.
Stanton did realize one thing, however: Some of Susanka's ideas for built-ins -- custom
cabinets and the like n can add up quickly. Even after abandoning some of those ideas,
the couple still went about 15% over budget, she recalls.
How much is this gonna cost me?
Ah, the money question. You can downsize to a smaller home and save money, or build
a little jewelbox and spend just as much as before, or more. Susanka suggests
downscaling the size of a house, but then using the cost savings for beautifully detailing
the house.
Often, the homes in books have been drawn up by an architect, who generally charges
between 10% and 15% of the home's construction cost, depending on the services. But
don't let the "A" word scare you off, experts say. "You can have a custom home without
spending a fortune," insists author Kodis. "It's really about the types of material you
purchase. It's really about the size."
Hearing readers' concerns, however, Susanka is now at work on a book called
"Remodeling Not So Big," to appear in 2008. "It's going to be about very simple things
you can do in Anyhouse, USA to make it better," she says.
Average size of new homes built in various developed countries
.
States
Sq. feet
2,349
.
Sources: U.S. Census; Canadian Home Builders Assoc.; 2006 2nd Edition Demographia
International Housing Affordability Survey; other
.
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6 ways to maximize room
Here's how to create the illusion of space without adding square footage.
B Christ her Solomon
~ Back to: For many homeowners, less is so much more
With a few well-placed windows and built-ins, it is possible to make more of less. And
remember, often what the eye needs is the illusion of spaciousness -- not more space,
says architect and author Sarah Susanka.
.
. Think diagonal views. Think back to geometry and how the hypotenuse of the
triangle was the longest of the three sides. Apply that to the sight lines within
your small-house design. "If you can stand at one corner of the house and look
to the far corner, you will think your house is much bigger than it actually is,"
says Susanka.
· To add space...add a wall? It's intuitive to assume that to maximize space
one would take out walls -- but "you rarely feel you're comfortable in that
spaciousness," Susanka says. Don't chop up rooms a la old tract homes, but
consider adding a wall that slightly breaks up a room, or putting a freestanding
bookcase in the middle of a room, to make a space seem bigger.
· Vary ceiling height. Altering the height of the ceiling, even within one room --
lower at first, higher as one proceeds -- creates a sense of entrance and
welcome. A simple cloth hanging over a bed creates "a different flavor of space"
and makes an area more human-scale and intimate, Susanka says.
· Layer your area. Though it's counterintuitive, adding different elements in the
middle-distance of a room -- a pillar, a low bookcase -- can act rather like
punctuation marks in a sentence, slowing down the eye, and letting it
experience the space, Susanka says. "I've had fights with clients over putting a
column in," because the clients think it's blocking, not opening, she says.
. Think like a sailor. Think-small architects often refer to their creations as
sailboats, which have no wasted space. Look for opportunities for built-ins, such
as bookshelf opportunities in staircases, cool cabinet possibilities, drawers under
beds, etc.
· Remember: Glass is good. In addition to letting in light, which is crucial to
lending a house an airy feel, well-placed windows steal space from the outdoors
and give it to the house. To give the best view of outside, place windows no
more than 2 feet, 6 inches higher than the floor, Susanka suggests. For a
.
J.
..
~
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horizon view, place windows together at a corner of the house. Author Michelle
Kodis likes clerestory windows -- windows placed high on the wall that people
can't see in, but make space feel bigger, while bringing in natural light.
.
.
Burt, Tom
From:
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Subject:
.
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DeDe Scanlon [dedescanlon@yahoo.com]
Friday, July 07, 2006 11 :37 AM
Burt, Tom
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The average size of a new home climbed to a record high last year,
according to annual
data on new-home characteristics released by the
U.S. Census Bureau last month, and in terms of
amenities the distance between homes built today and homes built 30
years ago continued to widen.
"Between 1975 and 2005, the portion of new homes built with central air
conditioning has risen 43%, while the portion of homes built with fewer
than two bathrooms has fallen from 41% to just 4%," noted Jerry Howard,
executive vice president and CEO of NAHB. "Meanwhile, the share of newly
built homes with four or more bedrooms has risen steadily from 21% three
decades ago to just shy of 40% last year."
The statistics, along with NAHB research on several additional trends,
provide a snapshot of changing aspects of home design over the past 30
years, including the continued expansion of new-home size through 2005.
The average floor area in a newly built home last year reached an
all-time high of 2,434 square feet - up from an average 2,349 square
feet in 2004 and just 1,645 square feet in 1975. The Northeast had the
largest average new-home size for any region last year, at 2,556 square
feet. New homes in the Midwest had the smallest square footage, with an
average of 2,310 square feet.
Vinyl Siding on the Rise
The report also revealed important trends in the type of exterior wall
material used for newly completed houses. In general, the use of brick
and wood exteriors has declined as stucco and vinyl siding have become
more popular through the years - with vinyl siding now the most-used
wall exterior.
Brick exteriors on newly built homes declined from 32% to 20% of the
market between 1975 and 2005, while wood exteriors declined from 36% to
7%.
Meanwhile, use of stucco as an exterior wall material went from 10% of
new homes in 1975 to 22% in 2005 and use of vinyl siding, which was
previously not broken out in the Census data, went from 23% of homes in
1992 to 34% in 2005. Vinyl siding is particularly popular in the
Northeast, where 83% of newly built homes last year had the material.
Despite the data on brick, it is still not hard to find when driving
through newly built communities, Howard said.
"Brick is still very popular as an exterior material in many areas," he
said, "but primarily because of the high cost of labor, builders have
increasingly limited its use to the front of the home. The Census data
only reflects the exterior material that's on more than 50% of a home's
surface area."
Outdoor features
* Statistics collected as far back as 1992 indicate a growing
trend toward including porches and/or patios in new-home designs and a
decline in the share of homes built with decks.
* Between 1992 and 2005, the proportion of newly built homes with
patios increased from 37% to 46%, while the proportion of new homes with
porches rose from 42% to 53%. Over the same time frame, the share of
homes built with decks declined from 37% to 27%.
* The Northeast was the only region to show a growing affinity for
homes built with decks, recording an 18% gain in this amenity (from 25%
to 43%) since 1992.
Number of stories
1
.
~
* The proportion of one-story newly built homes has declined from
65% in 1975 to 44% in 2005.
* Meanwhile, the proportion of newly built homes with two or more
stories has increased from 23% to 55%.
* The use of "split level" designs has been virtually eliminated,
with split levels dropping 12% of the new-homes market in 1975 to less
than 1% in 2005.
=9030&partner=spamblockerutility> Upgrade Your Email - Click here!
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R202
ROUGH -IN. The installation of all parts of the plumbing sys-
. tem that must be completed prior to the installation of fixtures.
This includes DWV, water supply and built-in fixture supports.
RUNNING BOND. The placement of masonry units such that
head joints in successive courses are horizontally offset at least
one-quarter the unit length.
SANITARY SEWER. A sewer that carries sewage and
excludes storm, surface and groundwater.
SCUPPER. An opening in a wall or parapet that allows water
to drain from a roof.
SEISMIC DESIGN CATEGORY. A classification assigned
to a structure based on its Seismic Group and the severity of the
design earthquake ground motion at the site.
SEPTIC TANK. A water-tight receptor that receives the dis-
charge of a building sanitary drainage system and is
constructed so as to separate solids from the liquid, digest
organic matter through a period of detention, and allow the
liquids to discharge into the soil outside of the tank through a
system of open joint or perforated piping. or a seepage pit.
SEWAGE. Any liquid waste containing animal matter, veg-
etable matter or other impurity in suspension or solution.
SEWAGE PUMP. A permanently installed mechanical device
for removing sewage or liquid waste from a sump.
. SHALL. The term, when used in the code, is construed as
mandatory.
SHEAR WALL. A general term for walls that are designed and
constructed to resist racking from seismic and wind by use of
masonry, concrete, cold-formed steel or wood framing in
accordance with Chapter 6 of this code and the associated limi-
tations in Section R301.2 ofthis code.
SIDE VENT. A vent connecting to the drain pipe through a fit-
ting at an angle less than 45 degrees (0.79 rad) to the horizontal.
SINGLE PLY MEMBRANE. A roofing membrane that is
field applied using one layer of membrane material (either
homogeneous or composite) rather than multiple layers.
SINGLE STATION SMOKE ALARM. An assembly incor-
porating the detector, control equipment and alarm sounding
device in one unit that is operated from a power supply either in
the unit or obtained at the point of installation.
SKYLIGHT AND SLOPED GLAZING See Section
R308.6.1.
SLIP JOINT. A mechanical-type joint used primarily on fix-
ture traps. The joint tightness is obtained by compressing a fric-
tion-typewasher such as rubber, nylon, neoprene, lead or
special packing material against the pipe by the tightening of a
. (slip) nut.
SLOPE. The fall (pitch) of a line of pipe in reference to a hori-
zontal plane. In drainage, the slope is expressed as the fall in
units vertical per units horizontal (percent) for a length of pipe.
18
DEFINITIONS
SMOKE-DEVELOPED RATING A numerical index indi-
cating the relative density of smoke produced by burning
assigned to a material tested in accordance with ASTM E 84.
SOIL STACK OR PIPE. A pipe that conveys sewage contain-
ing fecal material.
SOLAR HEAT GAIN COEFFICIENT (SHGC). The solar
heat gain through a fenestration or glazing assembly relative to
the incident solar radiation (Btu/h . ft2. oF).
SOLID MASONRY. Load-bearing or nonload-bearing Con-
struction using masonry units where the net cross-sectional
area of each unit in any plane parallel to the bearing surface is
not less than 75 percent of its gross cross-sectional area. Solid
masonry units shall conform to ASTM C 55, C 62, C 73, C 145
or C 216.
STACK. Any main vertical DWV line, including offsets, that
extends one or more stories as directly as possible to its vent
terminal.
STACK BOND. The placement of masonry units in a bond
pattern is such that head joints in successive courses are verti-
cally aligned. For the purpose of this code, requirements for
stack bond shall apply to all masonry laid in other than running
bond.
STACK VENT. The extension of soil or waste stack above the
highest horizontal drain connected.
STACK VENTING A method of venting a fixture or fixtures
through the soil or waste stack without individual fixture vents.
STANDARD TRUSS. Any construction that does not permit
the roof/ceiling insulation to achieve the required R-value over
the exterior walls.
STORM SEWER, DRAIN. A pipe used for conveying rain-
water, surface water, condensate, cooling water or similar liq-
uid wastes.
STORY. That portion of a building included between the upper
surface of a floor and the upper surface of the floor or roof next
above.
STORY ABOVE GRADE. Any story having its finished floor
surface entirely above grade, except that a basement shall be
considered as a story above grade where the finished surface of
the floor above the basement is:
1. More than 6 feet (1829 mm) above grade plane.
2. More than 6 feet (1829 mm) above the finished ground
level for more than 50 percent of the total building
perimeter.
3. More than 12 feet (3658 mm) above the finished ground
level at any point.
STRUCTURAL INSULATED PANELS (SIPS). Factory
fabricated panels of solid core insulation with structural skins
of oriented strand board (OSB) or plywood.
SUMP. A tank or pit that receives sewage or waste, located
below the normal grade of the gravity system and that must be
emptied by mechanical means.
SUMP PUMP. A pump installed to empty a sump. The pump is
chosen to handle the type of material to be pumped-either
2000 INTERNATIONAL RESIDENTIAL CODE '"
. .. ..
~"
'.
.
.
.,
GENERAL BUILDING HEIGHTS AND AREAS
TABLE 503 - 504.1
TABLE S03-continued .
ALLOWABLE HEIGHT AND BUILDING AREAS
Height limitations shown as stories and feet above grade plane.
Area limitations as determined by the definition of "Area, building", per floor.
TYPE OF CONSTRUCTION
TYPE! TYPE II TYPE III TYPE IV TYPE V
A B A B A B HT A B
~
UL 160 65 55 65 55 65 50 40
GROUP Hgt(S)
M S UL 11 4 4 4 4 4 3 1
A UL UL 21,500 12,500 18,500 12,500 20,500 14,000 9,000
R-1 S UL 11 4 4 4 4 4 3 2
A UL UL 24,000 16,000 24,000 16,000 20,500 12,000 7,000
R-2a S UL 11 4 4 4 4 4 3 2
A UL UL 24,000 16,000 24,000 16,000 20,500 12,000 7,000
~
R-3a S UL 11 4 4 4 4 4 3 .,.;~
A UL UL UL UL UL UL UL UL UL
R-4 S UL 11 4 4 4 4 4 3 2
A UL UL 24,000 16,000 24,000 16,000 20,500 i2,000 7,000
S-1 S UL 11 4 3 3 3 4 3 1
A UL 48,000 26,000 17,500 26,000 17,500 25,500 14,000 9,000
S-2 S UL 11 5 4 4 4 5 4 2
A UL 79,000 39,000 26,000 39,000 26,000 38,500 21,000 13,500
U S UL 5 4 2 3 2 4 2 1
A UL 35,500 19,000 8,500 14,000 8,500 18,000 9,000 5,500
For SI: I foot = 305 mm, I square foot = 0.0929 m2.
UL = Unlimited
a. As applicable in Section 101.2.
503.1.3 Buildings on same lot. Two or more buildings on
the same lot shall be regulated as separate buildings or
shall be considered as portions of one building if the
height of each building and the aggregate area of build-
ings are within the limitations of Table 503 as modified by
Sections 504 and 506. The provisions of this code applic-
able to the aggregate building shall be applicable to each
building.
503.3 Area determination. The maximum area of a building
shall be determined by multiplying the allowable area per
floor (Aa), as determined in Section 506.1 by the number of
stories up to a maximum of three stories.
Exception: Unlimited area buildings in accordance with
Section 507.
503.1.4 Type I construction. Buildings of Type I con-
struction permitted to be of unlimited tabular heights and
areas are not subject to the special requirements that allow
unlimited area buildings in Section 507 or unlimited
height in Sections 503.1.2 and 5043 or increased height
and areas for other types of construction.
SECTION 504
HEIGHT MODIFICATIONS
504.1 General. The heights permitted by Table 503 shall
only be increased in accordance with this section.
503.2 Party walls. Any wall located on a property line
between adjacent buildings which is used or adapted for joint
service between the two buildings, shall be constructed as a
fire wall in accordance with Section 705, without openings
and shall create separate buildings.
Exception: The height of one-story aircraft hangars, air-
craft paint hangars and buildings used for the manufac-
turing of aircraft shall not be limited if the building is pro-
vided with an automatic fIre-extinguishing system in
accordance with Chapter 9 and is entirely sun-ounded by
public ways or yards not less in width than one and one-
half times the height of the building.
2000 INTERNATIONAL BUILDING CODE@
81