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HomeMy WebLinkAboutOrdinance 502.42 R-4 Townhouse-Patio Home Residential District ORDINANCE 502 – ZONING ORDINANCE Section 502.42: R-4: TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT Subd. 1: Intent: It is the intent of the R-4 Townhouse/Patio Home District to accommodate a variety of single-family housing types, including patio homes and single-family common wall attached housing units such as townhouses or rowhouses at low to moderate residential densities. The R-4 District is intended for those areas designated as medium and/or high density residential areas or residential planned unit developments under the Comprehensive Plan. The R-4 District shall be developed by Planned Unit Development in accordance with the provisions of Ordinance 502.09 except that the provision requiring a minimum of twenty (20) acres will not apply. For the purpose of this ordinance, the following definitions will apply: a) Patio home: A single-family attached or detached unit constructed on a separate relatively small lot consisting of one level living area with open space setbacks on two (2) sides. b) Rowhouse: One of a series of essentially identical single family residential structures situated side by side and joined by common walls. c) Townhouse: A single-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. d) Twin Home: Two dwelling units each located upon separate, abutting lots; each attached side to side but not having a side yard setback from one lot line; each sharing only one common, unpierced from ground to roof wall; and separated from any other building or structure by space on all sides. Subd. 2: Permitted Uses: a) Patio homes. b) Townhouses of not more than two stories each. c) Row Houses of not more than two stories each. d) Twin Home Subd. 3: Uses Under Special Use Permit: The following uses shall require a Special Use Permit based on the procedures set forth in this Ordinance. a) Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community. 502.42-1 ORDINANCE 502 – ZONING ORDINANCE b) Public or semi-public recreational buildings and community centers. c) Licensed day-care centers serving 13 or more persons d) Licensed residential group care facilities with seven or more boarders. e) Nursing Homes and Board and Care Homes, provided that adequate parking is provided and the site is accessible to commercial service areas. f) Public Libraries g) Public or private schools, providing, however, that the area and location of any school and off-street parking heretofore shall be subject to the approval of the Planning Commission. h) Churches i) Institutions of a religious, eleemosynary or philanthropic nature. j) Nurseries and greenhouses. k) Planned Unit Residential development l) Bed and Breakfast m) Uses which in the judgment of the Planning Commission and City Council are similar to those listed in this zoning district. n) Non-owner occupied rental provided the housing is elderly housing. o) Manufactured homes as defined by this Ordinance. p) Manufactured Home Parks, in accordance with Section 502.14 Subd. 4: Permitted Accessory Uses. a) Private garages, parking spaces and carports for passenger cars, trucks, recreational vehicles and equipment. b) Home Occupations per Section 502.16. c) Houses and similar buildings for storage of domestic equipment and non- commercial recreational equipment. d) Swimming Pools, tennis courts, and detached screen porch or gazebo, 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 Ordinance 502.12 Subd. 2. 502.42-2 ORDINANCE 502 – ZONING ORDINANCE e) Fences f) Accessory building (s) and/or private garage (s), either attached or detached, shall be subject to the following limitations and the general requirements of Section 502.12, Subd. 1. 1. One or two accessory buildings covering a combined area not greater than 1,350 square feet are permitted. 2. The combined area of the lot covered by the accessory buildings authorized in subparagraph 1 above shall not exceed ten (10) percent of the total lot size fordetached patio homes. The combined area of the lot covered by the accessory buildings authorized in subparagraph 1 above shall not exceed fifteen (15) percent of the total lot size for townhouse, group or rowhouses. 3. Accessory buildings of less than 50 square feet shall not be considered when computing the limitations of subparagraphs 1 and 2 above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet. 4. The principal building shall be constructed prior to or at the same time as any accessory building or structure. 5. Accessory buildings not specifically permitted by this paragraph shall be prohibited unless authorized by a variance granted pursuant to Ordinance 502.07.02. Subd. 5: Lot Area Requirements. Land Use Minimum Lot Minimum Lot Minimum Lot Area Width Depth a) Detached Patio Home 6,000 60’ 100’ b) Townhouse, group or row houses 12,000 75’ 120’ c) Churches, chapels, temples, synagogues 22,000 100’ d) Public Buildings 40,000 100’ e) Day care facilities serving 15 or more persons and residential facilities 9,000 75’ 120’ serving more than 6 persons f) Schools 22,000 100’ 120’ 502.42-3 ORDINANCE 502 – ZONING ORDINANCE g) The minimum lot area per townhouse, group or row house unit shall be four thousand square feet (4,000 sq. ft.) h) The net housing density within the district is six (6) units per acre of net buildable area of the subdivision. Net buildable area shall be the total area less public street right-of-way, wetlands, drainage ways, water bodies and slopes greater than twelve (12) percent. Subd. 6: Setback Requirements. Land Use Front Yard Interior Side Street Side Rear setback Yard setback Yard setback Yard setback a) Patio Home* 30’ 10’ 20’ 20’ b) Townhouse, group or row houses 30’ 10’ 25’ 20’ c) Churches, chapels, temples, synagogues 30’ 20’ 30’ 35’ d) Day care facilities serving 15 or more persons and 30’ 10’ 25’ 35’ residential facilities serving more than 6 persons e) All other uses 50’ 50’ 50’ 50’ f) Accessory Uses Same as Same as Same as Same as principal principal principal principal *Attached patio homes would be relieved from the setback requirements where attachments occur at the lot line. Subd. 7: Building Requirements. a) Building Height shall not exceed two (2) stories or 35 feet as measured from the average grade. b) No more than 8 dwelling units shall be constructed within one structure. c) Each dwelling unit shall have two or more individual, separate entrances. d) All dwelling units shall have a minimum roof pitch of 4:12 as defined by the building code. e) All dwelling units shall have a frost free foundation as defined by the building code, or an engineered concrete slab with concrete above-grade exterior foundations walls. 502.42-4 ORDINANCE 502 – ZONING ORDINANCE f) The exterior of townhouse and rowhouse dwelling units shall include a variation in building materials, which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. The preferred materials are: brick, stucco, stone, steel/vinyl/aluminum and fiber-cement siding. In addition, a minimum of 25 percent of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. For the purpose of this section, the area of the building façade shall not include the area devoted to windows, entrance doors, garage doors or roof areas. g) Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. There shall be no more than two contiguous townhouse dwelling units without a break in the horizontal and/or vertical elevations of at least thirty-two (32) inches. h) Where more than one (1) principal use building is to be located upon the same site, the separation between buildings shall not be less than forty (40) feet. i) Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit building plans. The site plan for each dwelling unit shall be configured and sized to include decks, patios or porches. j) All dwelling units shall have a minimum floor area of 676 square feet. k) Provisions for shelter in the event of severe weather for each dwelling unit shall be demonstrated either in the form of the construction of a free-standing severe weather structure, a reinforced concrete safe room within each dwelling unit and/or basement/crawl space sufficient to house four (4) adults per dwelling unit. 1. The entrance to a development shall be one that abuts a collector or arterial road. Subd. 8: Parking Provisions. All driveways and parking areas shall be hard surfaced and each dwelling unit shall be provided with a minimum of two parking spaces one of which shall be in an attached garage. Subd. 9: Site Coverage. On lots developed for townhouse or rowhouse or attached patio home units, no structure or combination of structures shall occupy more than 50% of the lot area. On lots developed for detached patio home units, no structure or combination of structures shall occupy more than 35% of the lot area. Subd. 10: Signs. a) No sign shall be placed closer than ten (10) feet to any property line, except directional signs which have a zero (0) foot setback. 1. No sign shall be placed in any interior side yard. 502.42-5 ORDINANCE 502 – ZONING ORDINANCE 2. No sign shall be mounted on the roof of a building. 3. No signs shall violate the front, 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 shall be allowed. 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. For complexes of three or more structures, the aggregate surface area shall not exceed 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. c) 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 otherwise not in compliance with 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, within 3 months of issuance of the certificate of occupancy, 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 as not to exceed a height of 6 inches. Subd. 12: 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. Subd. 13: 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. 502.42-6 ORDINANCE 502 – ZONING ORDINANCE 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. Subd. 14: Common Areas. All common areas within an R-4 development, including but not limited to, open space, wetlands, greenways, drainage ponds, driveway, parking areas, play areas, etc., shall be owned and maintained by a condominium, association, cooperative or other common interest community created pursuant to Minnesota Statute, Chapter 515B and approved by the City Attorney. The agreement shall provide for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common. Subd. 15: 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 request of the Planning Commission the City Council will make the final determination of site plan approval. The developer shall provide the following items to the Planning Commission for any development located in the R-4 Townhouse 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) Landscaping material including location, type of plan and size. f) Fire hydrant and fire lane locations g) Utility locations h) A description of provisions which shall be made on site for adequate open space, recreational areas, transit options, etc. to properly serve residents of the facility including a discussion of the perceived needs of the residents (i.e. senior citizens, students, families with children) i) A copy of proposed covenants and/or homeowner’s association agreement (s). j) Any other fencing, screening, or building accessories to be located in the development area. k) 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). 502.42-7 ORDINANCE 502 – ZONING ORDINANCE l) 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. m) 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 the 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 costs 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 amount or irrevocable letter of credit in favor of the City in an amount equal to 125% of all costs associated with the 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 City Attorney, shall be conditioned upon the approval of the development plan. 502.42 Added to Code 4/2005 (Subsequent Sections renumbered) 502.42 Subd. 1 Revised 6/2008 502.42-8