1040.045: - RSF-2 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT

Subd. 1. Purpose. The purpose of the RSF-2 district is to provide urban sized lots for single family homes and directly related complementary uses. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area.

New development is intended to create low-density residential areas in moderate lot sizes to meet overall density requirements and provide greater variety in the housing choices. Areas zoned RSF-2 are guided Conservation Residential or Low Density of the City's 2040 Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, State licensed, as defined by statute.

• B. Dwelling, Single Family Detached.

• C. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• D. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Educational facilities, K-12, and Places of Worship, subject to the following:

  1. Setbacks.

     • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

• b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

• c. Educational facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

3. Maximum Impervious Surface.

a.

The total impervious surface coverage shall not exceed 50% of the site.

• b. The rest of the site shall be landscaped or left in a natural state.

4. Landscaping Zone.

   • a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.045, Subd. 4., (A), (1).

   • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

5. Parking Lot Screening and Landscaping.

   • a. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rightsof-way and be in compliance with Section 1060.040 of this Chapter.

• b. Parking areas shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights.

  • c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer.

6. Site Access. The primary site access shall comply with one of the following:

   • a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

   • b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 feet from an intersection with a Major Roadway as identified in the Comprehensive Plan.

Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

8. Additional Requirements.

   • a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

   • b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden.

• B. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Greenhouses and Nurseries, subject to the following:

  1. When abutting a residential use or district, the property shall be screened and landscaped in accordance with this Chapter. All structures shall be set back at least 100 feet from any residential property line.

  2. On-site storage and use of pesticides and fertilizers shall meet the standards of the Minnesota Department of Agriculture.

  3. Adequate off-street parking is provided on an improved surface as required by this Ordinance.

  4. Adequate parking, loading and maneuvering areas shall be provided.

  5. Loading areas are screened from adjacent residential uses.

  6. Not more than 30 percent of the site area shall be covered with buildings or other structures.

7. Hours for retail sale of product to customers shall be limited to 7:00 a.m. to 9:00 p.m.

   8. Lighting shall comply with all ordinance requirements. If more than 25 percent of the greenhouse spaces are to be lit at night, they shall be screened from residential properties by use of a retractable curtain, landscaping, buildings or other methods to prevent light pollution, including sky glow.

   9. The site complies with the minimum lot area standards for the district.

Sale of accessory items shall be permitted, provided they do not generate more than 20 percent of the sales (measured by retail value or sales volume) for the business nor cover more than 10 percent of the site area.

11. At least 50 percent of the nursery stock to be sold on site must be grown on site.

12. The provisions of Section 1070.020 of this Ordinance are considered and satisfactorily met.

• B. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

• C. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• D. Seasonal Produce Stands.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• D. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RSF-2 district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

**Minimum separation between structures on adjacent parcels shall be 15 feet.

Subd. 8. Design Requirements. All developments in RSF-2 shall follow the same Design Requirements as listed in 1040.040, Subd 8.

(Ord. 348, passed 05-25-17, Ord. 445, passed 12-22-21, Ord. 472, passed 12-22-22, Ord. 524, passed 6-27-24)

1040.050: - RSF-3 (SINGLE AND TWO-FAMILY RESIDENTIAL) ZONING DISTRICT

Subd. 1. Purpose. The RSF-3 district is intended to provide for new single-family neighborhoods with a lot area that is smaller than the City's traditional single-family lot as well as directly related, complementary uses. This zoning district is intended to be the primary single-family zoning district for future residential developments. The smaller lot area will make efficient use of the City's land supply and investment in public utilities and allow the City to efficiently protect and preserve its natural resources such as wetlands and woodlands. In addition, the smaller lot area will help the City meet its density goal for new single-family homes. Single family homes, as well as two-family dwellings are allowed in this district. New development within this district will be allowed only when a full range of municipal services and facilities are available to serve the area. Areas zoned RSF-3 are guided Low Density or Conservation Residential on the City's 2040 Comprehensive Plan. Development within this district must be within the density range identified for the applicable land use designation in the Comprehensive Plan.

Subd. 2. Permitted Uses.

• A. Day Care Facilities, State licensed, as defined by statute.

• B. Dwelling, Single Family Detached.

• C. Parks, playgrounds, trails, other recreational facilities of a non-commercial nature and directly related buildings and structures.

• D. Residential Facility in a single family detached dwelling, serving 6 or fewer individuals and licensed by the State.

Subd. 3. Accessory Uses.

• A. Accessory structures as regulated by Section 1030.020 of this Chapter.

• B. Accessory uses incidental and customary to uses allowed in this Section.

• C. Day Care Facilities, County licensed, 12 or fewer individuals.

• D. Fences as regulated by Section 1060 (Performance Standards) of this Chapter.

• E. Allowed Home Occupations as regulated by Section 1030.100 (Home Occupations) of this Chapter.

• F. Keeping of Animals, subject to Chapter 81 (Animals) of the City Code.

• G. Play and recreational facilities, including swimming pools and tennis courts, for use of the property owner and guests.

• H. Signs as regulated by the City Code.

• I. Temporary trailers and construction equipment for the duration of construction only where temporary lavatories are provided in compliance with City and State requirements.

Subd. 4. Conditional Uses. The following are conditional uses, subject to the conditions outlined in Section 1070.020 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Day Care facilities accessory to educational facilities or Places of Worship.

• B. Dwelling, Two Family.

• C. Educational facilities, K-12, and Places of Worship, subject to the following:

  1. Setbacks.

     • a. A minimum 50-foot setback from all property lines is required for all structures, parking spaces, drive aisles, and loading areas. The setback on all property lines will increase up to 200-feet based on the building footprint as described below:

• b. Any property lines fronting a county road shall require a minimum setback of 100 feet when the building footprint is 24,000 square feet or less.

• c. Educational Facilities and Places of Worship are not eligible for building and parking setback flexibility through additional landscaping as provided in Section 1060.070, Subd. 2., (K) - (J).

2. Maximum Building Height. The maximum structure height is 35 feet, except as allowed by Section 1030.080.

3. Maximum Impervious Surface.

   • a. The total impervious surface coverage shall not exceed 50% of the site.

   • b. The rest of the site shall be landscaped or left in a natural state.

4. Landscaping Zone.

   • a. In addition to meeting the landscaping standards in Section 1060.070, Subd. 2 (A) - (I) of the City Code, any portions of the site that abut a residential area shall contain a landscaping zone along the shared property line with a minimum width of the applicable setback established in Section 1040.050, Subd. 4., (C), (1).

   • b. The landscaping zone will consist of evergreen and/or deciduous trees and shrubs with a sufficient density to provide visual buffering to a minimum height of 8 feet. The grade for determining height shall be the grade elevation of the building or use for which the buffering is providing protection. Earth mounding or berms may be used but shall not be used to achieve more than three feet of the required buffer. A fence may also be installed, but not in lieu of the planted landscaping zone. Existing trees, shrubs, and vegetation may be used to meet the landscaping zone requirement when the intent to provide buffering is accomplished.

5. Parking Lot Screening and Landscaping.

   • a.

Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect glare away from adjoining property, adjacent residential uses, and public rights-of-way and be in compliance with Section 1060.040 of this Chapter.

  - b. Parking areas shall be screened from properties guided or zoned residential and from public streets. Screening to a height of at least 3 feet shall be provided to screen vehicle headlights. 

  - c. Parking areas which are 3,000 square feet or greater shall have no less than 350 square feet of land devoted to internal landscaping islands (in addition to required traffic safety islands). The minimum square footage of land devoted to internal landscaping islands shall increase by 100 square feet for each additional 1,000 square feet of additional parking space. Such islands shall be bound by concrete curbing or comparable curbing as approved by the City Engineer. 

6. Site Access. The primary site access shall comply with one of the following:

   • a. The site shall have direct access onto a Major Roadway, which is defined as a Principal Arterial, Minor Reliever, Minor Expander, and Minor Connector roadways; or

   • b. The site will have direct access onto a Major Collector or Minor Collector roadway no more than 1,000 square feet from an intersection with a Major Roadway as identified in the Comprehensive Plan

7. Noise. Exterior bells or loudspeakers are permitted between the hours of 9 a.m. and 10 p.m.

8. Additional Requirements.

• a. The City Council may attach additional conditions to the granting of the conditional use permit for the primary use as well as any accessory uses of the site as deemed necessary to protect the residential character of the neighborhood.

  - b. As provided for in federal statue 42 U.S.C. 2000cc-3 (e), the City Council may avoid the preemptive force of any provision of Chapter 21C (Protection of Religious Exercise in Land Use and By Institutionalized Person) by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions for the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. 
  

• D. Residential Facility with seven to sixteen individuals, licensed by the State.

Subd. 5. Interim Uses. The following are interim uses, subject to the conditions outlined in Section 1070.030 of this Ordinance and the specific standards and criteria that may be cited below for a specific use:

• A. Conditional Home Occupation License (CHOL) as allowed by Section 1030.100 (Home Occupations) of the Zoning Ordinance.

Subd. 6. Uses by Administrative Permit.

• A. Accessory Dwelling Unit, subject to the following standards:

  1. Not more than one accessory dwelling unit shall be allowed on a single-family detached lot.

  2. An attached or detached unit shall comply with the same minimum building setback requirements as required for the living portion of the principal dwelling unit.

  3. An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area of which shall not exceed the gross floor area of the principal dwelling unit or 960 square feet, whichever is less.

  4. Unless otherwise specified in this Subdivision, a detached accessory dwelling unit shall be subject to the same regulations as provided for under Section 1030 of this Chapter. In evaluating how a detached accessory dwelling unit fits within the size limitations outlined in Section 1030, only the footprint of the accessory dwelling unit is subject to the accessory structure size limit provided for all zoning districts.

  5. The exterior design of an accessory dwelling unit shall incorporate a similar architectural style, colors, and materials as the principal building on the lot.

  6. The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling unit.

  7. There shall be no separate ownership of the accessory dwelling unit.

  8. In addition to the parking spaces required for the principal dwelling unit on the lot, 2 offstreet parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling unit parking spaces and shall comply with the requirements of this Chapter.

9. An accessory dwelling unit shall use the same street number as the principal dwelling unit but must include a unique identifier that is consistent with the City's Street Naming and Addressing Policy to ensure compatibility with Hennepin County, the U.S. Postal Service, and emergency service providers. The entryway to an accessory dwelling unit shall include identifying signage and be connected to the driveway with an improved walkway.

   10. Accessory dwelling units are subject to the same height restriction for principal structures as determined by the zoning district but must not exceed the existing height of the principal structure.

• B. Essential Services, as allowed by Section 1030.090.

• C. Special Home Occupations as allowed by Section 1030.100 of this Chapter.

• D. Temporary structures, subject to the standards in Section 1030.040 (Temporary Structures) of the Zoning Ordinance.

• E. Temporary real estate offices.

Subd. 7. Area Requirements. The following minimum requirements shall be met in the RSF-3

district. Properties may be subject to special requirements for overlay districts as noted in Section 1050 (Overlay Districts):

*Major Roadways are Principal Arterial, A Minor Reliever, A Minor Expander and A Minor Connector Roadways as shown on the 2040 Roadway Functional Classification map in the 2040 Comprehensive Plan.

**Minimum separation between structures on adjacent parcels shall be 15 feet.

Subd. 8. Design Requirements. All developments in RSF-3 shall follow the same Design Requirements as listed in 1040.040, Subd 8.

(Ord. 348, passed 05-25-17, Ord. 445, passed 12-22-21, Ord. 472, 12-22-22, Ord. 518, passed 03-28-24)