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HomeMy WebLinkAboutOrdinance 502.38 R3 Multiple Family ORDINANCE 502 – ZONING ORDINANCE Section 502.38: R-3 MULTIPLE FAMILY RESIDENCE DISTRICT Subd. 1: Intent. R-3, Multiple Family Residence District is intended to provide a district which will allow higher density or residential development where city sewer services are available. Subd. 2: Permitted Uses. a) Multiple Family dwelling structures containing more than twelve (12) units shall be allowed pursuant to a Planned Unit Development (PUD) and a conditional use permit, and shall be controlled by the PUD Ordinance, Section 502.09, except that the provision requiring a minimum of twenty (20) acres will not apply. 502.38, Subd. 2(a) Amended 4/2004. b) Public parks and playgrounds. c) Hospitals, extended care centers, nursing homes, group care centers or assisted living centers. d) Churches, libraries, museums or schools. e) Townhouses. f)Lodging houses. g)Licensed in-home daycare serving 16 or fewer persons. h)Licensed residential facilities/group homes serving 16 or fewer persons. Subd. 3: Permitted Accessory Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. The total floor area of private garages shall not exceed 300 square feet per unit and shall not be higher than fifteen feet and the exterior covering must be the same or similar to the roof and side wall materials on the principal structure. R-3 developments with three (3) or less units shall abide by the R-1 accessory building provisions, including but not limited to the maximum lot coverage requirements. b) Home occupations per Section 502.16. 502.38-1 ORDINANCE 502 – ZONING ORDINANCE c) Storage buildings for storage of domestic equipment used in the maintenance of the property and non-commercial recreational equipment used primarily at the property. 1. Location: No accessory building, other than a garage, shall be located within any yard other than the rear yard. 2. Height: Accessory buildings shall not exceed fifteen feet (15’) in height. 3. Exterior: All accessory buildings shall be the same or similar to the roof and side wall materials on the principal structure. 4. Number of Buildings: No lot shall have more than one (1) detached storage building. 5. Size: All detached accessory buildings shall have a floor area not to exceed 300 square feet. d) Swimming pools and tennis courts, provided that the maximum lot coverage requirement is not exceeded. All swimming pools must be fenced around the perimeter. The fence must meet the requirements of Section 502.12 Subd. 2 of this Ordinance. e) Residential communal facilities such as laundry, recreation buildings, and residential leasing office. f) Fences. Subd. 4: Uses Under Special Use Permit. a) Public buildings, police and fire stations and other public buildings, except those customarily considered industrial in nature. b) Cemeteries and memorial gardens. c) Manufactured Home Parks, in accordance with Section 502.14. d) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in Subdivision 2 of this Section. e) Any multiple family dwelling structure of more than twelve (12) units. 502.38 Subd. 4(e) added in April, 2004. Subd. 5: Lot Area Requirements. a) Minimum lot area shall be 12,000 square feet. 502.38-2 ORDINANCE 502 – ZONING ORDINANCE b) For the basis of computing the number of permitted units within a multiple residence, the following shall apply: 1. Efficiency unit for each 2,000 square feet of lot area; and 2. One 1 bedroom unit for each 3,000 square feet of lot area; and 3. One 2 bedroom unit for each 3,500 square feet of lot area; and 4. One 3 bedroom unit for each 4,000 square feet of lot area; 5. For each additional bedroom (over 3) per unit, an additional 500 square feet of lot area; 6. Lot depths of greater than 150% of the average lot width shall be used in computing the maximum number of units. 7. On-site manager unit – shall be based on the same square footage requirements as stated above. c) Multiple family dwellings shall not occupy more than 35% of the lot including accessory buildings. d) Each lot shall have a minimum width of 150 feet at the building setback line. e) Each lot shall have a minimum width of 80 feet at the public right-of-way. f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. 502.38, Subd. 5, amended 1/07 Subd. 6: Schedule of Allowances. The lot areas per dwelling unit described in Section 502.38, Subd. 5 shall be further subject to the following schedule of allowances, which shall be added to or subtracted from, the minimum lot area per dwelling unit as prescribed hereby regulating density requirements as to the location, use and access provided for the property within the R-3 multiple residence family district. a) For each parking space provided within the building, or underground, subtract 300 square feet. b) If the site upon which the multiple dwelling is being constructed, or the zoning district adjacent to the site is zoned for a commercial use, subtract 300 square feet. c) If the multiple dwelling site is within 300 feet of an R-1 or R-2 Residence District, add 300 square feet per unit, for all units constructed on the site. d) If the total lot coverage is less than 20%, subtract 150 square feet per unit. 502.38-3 ORDINANCE 502 – ZONING ORDINANCE e) In such cases where it is necessary to raze an existing principal structure in a dilapidated condition, or where said building is economically unfeasible to rehabilitate, there shall be provided an allowance of two dwelling units above any other allowances required within this section. f) If the multiple dwelling unit contains major outdoor recreational features or structures such as swimming pools, improved outdoor common areas with pathways/parkland or similar facilities requiring a substantial investment equal to or greater than five (5%) percent of the construction cost of the principal structure, subtract 75 square feet per unit. g) If the multiple dwelling unit contains indoor recreation and social rooms equal to twenty-five (25) square feet per unit or 1,000 square feet, whichever is greater; subtract 50 square feet per unit. Subd. 7. Setback Requirements. a) The front yard of any R-3 residence shall be 35 feet from the lot line. b) The side yard of any R-3 residence shall be 20 feet from the lot line, unless the side yard abuts a street or highway in which case the setback shall not be less than 30 feet. In the event the side yard of an R-3 residence abuts another residential district, all principal structures shall be set back 50 feet from the property line. c) The rear yard of any R-3 residence shall be 40 feet from the lot line. d) All building permit requests must be accompanied by a building plan and a landscape plan acceptable by the Planning Commission. e) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas. Subd. 8: Height Requirements. No structure shall exceed the lesser of 3 stories or 40 feet in height except as hereinafter provided. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land. Subd. 9: Exterior Requirements. All exterior wall finishes on any building shall include at least one material from each of the following groups: a) Face brick, natural stone, wood textured precast concrete panels, textured concrete block, stucco. b) Pre-finished decorative panels made of metal, vinyl, steel or wood.” 502.38-4 ORDINANCE 502 – ZONING ORDINANCE Subd. 10: Signs. In R-3 Multiple Family Districts the general provisions apply to all signs: a) No sign shall be placed closer than ten feet (10’) to any property line, except directional signs which have a zero foot (0’) setback. 1. No sign shall be placed in any interior side yard 2. No sign shall be mounted on the roof of a building. 3. No signs shall violate the side or rear yard requirements. 4. Signs shall not be placed in the public right-of-way or easements. 5. Flashing or rotating signs resembling emergency vehicles shall not be permitted. 6. Illuminated signs are not allowed. b) One unlighted sign per vehicle entrance identifying a dwelling unit complex. Such signs may indicate the name and address of the building and rental or management offices. 1. Such signs shall have a surface area of all faces not exceeding an aggregate of fifty (50) square feet. 2. The height of the sign shall not exceeding eight feet (8’) 3. Landscaping must be provided around the base of the sign. 4. The entrance to a development shall be one that abuts a collector or arterial road. c) One area identification sign for each multiple-residential complex consisting of three (3) or more structures. 1. Such signs shall have a surface area not exceeding fifty (50) square feet per sign face with an aggregate area not to exceed one hundred (100) square feet if double faced. 2. The height of the sign shall not exceed eight feet (8’). 3. Landscaping must be provided around the base of the sign. 4. Sign content shall be solely for displaying the name of the apartment complex. 502.38-5 ORDINANCE 502 – ZONING ORDINANCE d) Wall Sign. One wall sign shall be allowed for the purpose of street identification. Such sign cannot exceed twelve (12) square feet. e) Sign Removal. All signs not maintained and kept in good repair or in non compliance of the St. Joseph Code of Ordinances shall be subject to removal upon direction of the City Building Inspector. Subd. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall be provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and related decorative materials and such yards shall be maintained consistent with prevailing community standards. Motor vehicles may not be left parked or unattended on or within a yard. Grass shall be maintained so not to exceed a height of 6 inches. Subd. 12: Development Plan Requirements. No building permit shall be issued until the Planning Commission reviews the development plan to determine that the use and development is compatible with adjacent land uses, and consistent with the stated intent of this zone. Upon the request of the Planning Commission the City Council will make the final determination on site plan approval. The developer shall provide the following items to the Planning Commission for any development located in the R3-Multiple Family Residence District: a) Building location on the lot, drawn to scale. b) Building elevations; front, rear and side. c) Building exterior materials and color. d) Locations of ingress and egress points. e) Dumpster and solid waste pick-up areas and proposed screening material. f) Sign location and dimensions. g) Lighting standard and hood detail. h) Parking and loading areas identified. i) Drainage by the use of arrows and/or contours. j) Screening of heating, ventilation and air-conditioning equipment. k) Landscaping material including the location, type of plant and size. l) Fire hydrant and fire lane locations. m) Utility locations. 502.38-6 ORDINANCE 502 – ZONING ORDINANCE n) A description of provisions which shall be made on the site for adequate open space and recreational areas to properly serve residents of the facility. o) Any other fencing, screening, or building accessories to be located in the development area. p) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). q) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. r) Required Fee/Agreement. 1. Payment Required. Any person filing a petition requesting development plan review shall pay a fee according to the schedule established by the City Council. 2. Amount. Fees payable under this section for development plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier’s check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. 3. Development Agreement. In the event additional review by the City or its assigns is anticipated and/or needed during implementation of Development Plan, or other similar circumstance, the City shall require the property owner(s) and/or developer(s) enter into a development agreement with the City. The development agreement shall stipulate the conditions for approval and the City's authority to inspect the development. The agreement shall further require the owner or developer, as the case may require, furnish a cashier's check, escrow account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all costs associated with City’s review of the development, including but not limited to, engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of credit shall be in the form approved by the 502.38-7 ORDINANCE 502 – ZONING ORDINANCE City Attorney, shall be conditioned upon the approval of the development plan. Subd. 13: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy will be issued. Subd. 14: Regulation of Activities Adjacent to Wetlands. a) The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b) The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. c) The following activities shall be subject to a 100 foot setback from wetlands: 1. The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2. External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 3. The storage of waste or refuse generated by industrial or commercial activities. 4. The construction or maintenance of a septic system. Subd. 15: PUD. In the event a developer requests a multiple dwelling structure containing more than twelve (12) units under Subdivision 2(a) of this Section, that developer shall abide by the requirements set forth in the PUD Ordinance of Section 502.09, except that the provision requiring a minimum of twenty (20) acres will not apply. a) If land is rezoned as an R3-PUD under this Section, a developer shall have no longer than one year in which to begin construction of the multiple dwelling structure. If the project has not begun within one year from the date of rezoning, the land shall revert back to its prior zoning classification before the request for the R3-PUD. 502.38, Subd. 15 added 4/2004. 502.38-8