HomeMy WebLinkAbout16-3862 ExG Code Sections
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PC Exhibit G
Subdivision IV. - LR-1C One-Family Lakeshore Residential District
Sec. 78-346. - Purpose.
The LR-1C one-family lakeshore residential district is intended to provide a district which will allow a
combination of medium-density residential development and limited agricultural activity. Planned residential
developments may be allowed by conditional use permits. The proposed land use may not endanger the
quality of stormwater runoff into Lake Minnetonka. Because of the location of the district near Lake
Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense
development. The district shall have immediate access to highways and public sanitary sewer.
Sec. 78-347. - Permitted uses.
Within the LR-1C one-family lakeshore residential district, no land or structure shall be used except for
one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the required
public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent pr operty zoned for residential use.
b. The architectural design of the structure is found to be compatible with the surrounding area.
c. If the city proposes amendment to the approved design plans or the placement of the
structure, notice of the proposed changes shall be mailed to all property owners within 350
feet of the parcel on which the structure is to be located. If the proposed structure is to be
located within a public right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14 days before the
council meeting at which the amended plans will be considered.
(2) Gardens.
(3) Municipal buildings.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including
their domestic employees or nonpaying guests. The only means of ingress or egress to the
apartment shall be from within the principal structure. Application for such a guest apartment shall
address the concerns of parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal residence utilities and
shall not have a separate street address.
(5) One-family detached dwellings.
(6) Personal wireless service antennas and towers.
((Antenna details removed to save space.))
(7) Publicly owned parks and playgrounds.
Sec. 78-348. - Conditional uses.
Within any LR-1C one-family lakeshore residential district, no structure or land shall be used for the
following uses without a conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
a. All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use; and
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b. All accessory buildings and structures more than six feet in height are located at least 50
feet from any adjacent property zoned for residential use.
(2) Guest houses and nonrental guest apartments.
a. Guest houses, provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including
their domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egress, provided that:
1. The application for a guest apartment adequately addresses the concerns of parking,
sewage treatment, exterior access method, and interior access method;
2. There is at least one access door to the apartment from inside the principal dwelling
and this door is the primary means of accessing the apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the principal dwelling;
and
5. The guest apartment is for the sole use of the occupants of the principal dwelling,
including their domestic employees and nonpaying guests.
(3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises, provided that:
a. Where the applicant requests a conditional use permit to keep horses, there must be at least
one acre for the dwelling and two acres of open pasture for the first horse . If the applicant
requests a conditional use permit to keep more than one horse, the property must have one
additional acre of open pasture for each additional horse. Calculations of minimum pasture
acreage shall not include any land defined as a wetland or wetland buffer under section 78-
1602.
b. Where the applicant requests a conditional use permit to keep farm animals other than
horses, there must be at least one acre for the dwelling and one acre for each animal unit.
Calculations of minimum acreage required shall not include any land defined as a wetland
or wetland buffer under section 78-1602.
c. Any building or structure associated with the animals is located more than 150 feet from the
nearest adjacent residence and at least 75 feet from the nearest lot line.
d. The use is operated in compliance with Chapter 62, Animals.
(4) Personal wireless service antennas. Personal wireless service antennas erected on a municipal
structure other than a water tower may be allowed as a conditional use if they m eet the following
criteria:
((Antenna details removed to save space.))
(5) Places of worship, provided that all buildings and structures, except columbaria, are located at
least 50 feet from any adjacent property zoned for residential use.
(6) Planned residential development, limited to detached single-family dwellings only and subject to
the limitations of division 10 of this article.
(7) Public service structures, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use;
and
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b. The architectural design of the structure is compatible with the architectural design of the
surrounding area.
(8) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on
provision of m unicipal sanitary sewer or a conforming sewage treatment system designed to
handle the anticipated flows from the building plumbing. Approval shall be granted only when the
following criteria are met:
a. The council finds that the proposed use of the accessory structure with a bathtub or shower
will not be detrimental to the residential character of the neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with the intended use
of the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the property providing that
the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
2. Used as a dwelling unless a guest house conditional use permit is obtained.
3. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(9) Schools, daycare centers, uses accessory to a high s chool.
a. Pre-kindergarten, primary and secondary public schools and private schools with a
curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include
before and after school care for students.
b. Daycare centers, nursery schools and similar programs that are not associated with a public
or private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses,
is:
1. Located on the same tax parcel as the high school to which it is accessory and is owned
by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property zoned for
residential use.
(10) Two-family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
(11) Columbaria, provided that all portions of columbaria located at or below ground shall be located
at least five feet from any adjacent lot line and at least 50 feet from principal structures located
on any adjacent property, whether such property is zoned for residential or non-residential use.
All portions of columbaria located above ground shall meet the following standards:
a. Located at least ten feet from property boundaries.
b. Located at least 50 feet from principal structures located on any adjacent property, whether
such property is zoned for residential or non-residential use.
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c. Located at least ten feet from the edge of the paved, traveled roadway.
d. Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by appropriate means.
Sec. 78-349. - Accessory uses.
Within any LR-1C one-family lakeshore residential district, the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) Private recreational facilities subject to the pertinent accessory structure location and height
requirements of this chapter.
(5) Private docks, subject to this code and other applicable regulations, including boat storage density
requirements. The accessory use of a private dock shall not include renting space.
(6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs, as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative
landscape features, and lawn sprinkler systems.
(11) Compost structures and firewood piles, subject to the accessory structure location requirements
of this chapter.
(12) Home occupations, as defined in this chapter. All home occupations shall comply with the
provisions of section 78-1376, and the licensing provisions of [section] 26-76, when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject
to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and
similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment, limited to no more than two items
per calendar year, and such items for sale shall not be parked in any portion of the public right -
of-way, public boulevard, or required front yard except a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
Sec. 78-350. - Area, height, lot width and yard requirements.
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(a) Height. No structure or building in the LR-1C district shall exceed 2½ stories and shall not exceed 30
feet in height except as provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot
Area
(acre)
Lot
Width
(feet)
Front
Yard
(feet)
Side
Yard
(feet)
Rear
Yard
(feet)
Side Yard
Adjacent
to Street
(feet)
0.5 100 30 10 30 15
DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURES[22]
Sec. 78-1431. - Accessory buildings and structures on through lots.
All accessory buildings and structures on through lots located in R districts shall meet the following
requirements:
(1) The building or structure shall meet the principal building setbacks that are established under
sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444.
(2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the
building or structure, determined at the discretion of the planning director.
Should the planning director determine that item (2) above cannot be met an accessory structure or
building may be permitted by conditional use permit if the planning commission determines no negative
impacts result in the placement of the building or structure. The planning commission may apply
reasonable conditions as part of the approval.
Sec. 78-1432. - Time of construction.
No accessory building or structure shall be constructed on any lot prior to the time of construction of
the principal building to which it is accessory. At the time of demolition of the principal building, all
nonconforming accessory structures must be rem oved. Accessory structures, which comply with this title,
are allowed to remain contingent on a signed agreement stating the following:
(1) Applicants agree to obtain a building permit for construction of the replacement residence within
60 days of demolition; to begin construction on the new residence within 120 days of demolition;
and to complete all exterior work within one year of building permit issuance and interior work
within two years of building permit issuance.
(2) In the event that any activity described in item (1) has not been accomplished within the defined
timeframe, the applicants shall remove the accessory structures at the applicants' expense, or
the applicants shall apply for an extension of this agreement.
(3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per
item (2), the applicants hereby agree as follows:
a. The city may enter upon the property and remove the accessory building(s).
b. The city may assess the costs of removal to the property.
(4) The agreement shall be binding upon current and future owners of the property, and shall be filed
within the chain of title of the property.
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(5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and
to its terms, as shown by his/her/their signature(s) upon the document.
(6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and
employees of the city from and against all claims, damages, losses or expenses, in cluding
attorney fees, which the city, city council and agents and employees of the city may suffer or for
which it may be held liable, arising out of or resulting from the assertion against them of any
claims, debts or obligations in consequence of the performance of the terms of this agreement.
Sec. 78-1433. - Height restrictions.
No accessory building or structure in an R district shall exceed the height of the principal building, nor
shall an accessory building or structure exceed 30 feet in height.
Sec. 78-1434. - Area restrictions.
In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that
accessory structures in excess of 1,000 square feet will be allowed under the following conditions:
(1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An
oversized accessory structure is defined as an accessory structure of footprint area in excess of
1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000
square feet footprint area are not considered as oversize accessory structures, but are subject to
the special setback restrictions of section 78-1404.
a. Tennis courts and sport courts.
b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than
1,000 square feet.
c. Paddocks or arenas.
(2) Oversized accessory structures are regulated by the following table:
Lot Area
(acres)
Maximum
Individual
Accessory
Structure
Footprint Area
(square feet)
Maximum
Allowed Total
of All Accessory
Structure
Footprint
Areas* on
a Property
(square feet)
0—1.99 1,000 2,000
2.00—3.00 1,200 2,400
3.01—3.50 1,400 2,800
3.51—4.00 1,600 3,200
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4.01—4.50 1,800 3,600
4.51—5.00 2,000 4,000
5.01—6.00 2,200 4,400
6.01—7.00 2,400 4,800
7.01—8.00 2,600 5,200
8.01—9.00 2,800 5,600
9.01 or more 3,000 6,000
* Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas.
(3) Any oversize accessory structure shall be subject to the following conditions:
a. No such accessory structure shall be located within a required yard area (principal structure
setbacks must be met). Further, no such structure shall be nearer the front lot line than the
front line of the principal residence on the property, and no such accessory structure shall
be located less than 30 feet from the side or rear lot line regardless whether less strict
principal structure setbacks apply.
b. The maximum height for such accessory structure shall be 30 feet or the def ined height of
the principal residence structure on the property, whichever is less.
c. Such structure shall be allowed only when the property owner agrees and covenants in
writing with the city as follows:
1. No future subdivision will be approved that places the structure within a lot that has no
principal structure, except that the city in its subdivision approval may grant a finite time
period in which the oversized accessory structure may remain without a principal
structure, in order that a principal structure may be constructed. At the end of this time
period, the oversized accessory structure must be removed if no principal structure has
been constructed.
2. If the property is subdivided, the oversize accessory structure and principal structure
will be located together within a lot that meets the minimum lot area requirement for the
given size of accessory building.
3. In subdivision approval, the setback required for the oversize accessory structure shall
remain.
Such covenant shall be binding on current and future property owners and shall be filed in
the chain of title of the property.
Sec. 78-1435. - Location.
Except as may be specifically provided, no detached garage or other accessory building shall be
located nearer to the front or street lot line than the principal building on that lot. Detached garages or other
accessory buildings on lots which have frontage on a lake may be located between the rear yards of such
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lots and the principal building only if setback requirements of section 78 -305(b), section 78-330(b) and
section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be
located ten feet from the street or rear lot line when doors face away from the street and an adequate
vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by
streets or private roads or are corner lots.
Sec. 78-1436. - Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet
footprint area shall be located at least 15 feet from any lot line.
Sec. 78-1437. - Plumbing.
Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the
potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit
residential development density to the allowed densities within the respective zoning districts, plumbing in
accessory buildings shall be regulated as follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory
building that is conforming in location, size and height.
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a
shower or bathtub shall be allowed in any accessory building that is conforming in location, size
and height with, subject to provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from such fixtures, and subject to the
property owner's executing a covenant providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower
or bathtub shall be allowed only in an accessory building that is conforming in location, size and
height and which meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use permit; or
b. The accessory building has been approved for a bathtub or shower in accessory building
conditional use permit.
Sec. 78-1438. - Crowding principal building.
No accessory building, unless an integral part of the principal building, shall be erected, altered or
moved within ten feet of the principal building, nor within ten feet of another accessory building.
Sec. 78-1439. - Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more
from the property line when the doors face on a public alley or street.
Sec. 78-1440. - Exterior materials.
Except for accessory buildings that are less than 120 square feet in area or are located on lots two
acres in area or larger, an accessory building and the principal building shall be consistent in design and
color. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows
or other ornamental features on the wall facing a street or private road.
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