HomeMy WebLinkAbout[05f] Ordinance 502.30 R1 Single Family Residence [stricken] ORDINANCE 502—ZONING ORDINANCE
Section 502.30: R-1 SINGLE FAMILY RESIDENCE DISTRICT
Subd. 1: Intent. It is the intent of this district to provide for the orderly development of
residential areas and to avoid urban sprawl within the City;permit the development of single
family dwellings; to provide reasonable standards for such development; to avoid overcrowding;
and to prohibit the use of land which would be incompatible with or detrimental to the essential
residential character of such districts.
Subd. 2: Permitted Uses.
a) Single family dwellings - non-rental occupancy.
b) Public parks and playgrounds.
C) Horticulture, not to include the retail sale of products.
d) Licensed residential group care facility with 1,300 feet between it and a similar
facility and not to exceed six boarders.
e) Licensed day-care facility serving 12 persons or less.
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.
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) Public libraries.
f) Public and private schools provided that the location and off-street parking has
been reviewed and approved by the Planning Commission.
g) Institutions of a religious eleemosynary or philanthropic nature.
h) Nurseries and greenhouses.
502.30-1
ORDINANCE 502—ZONING ORDINANCE
i) Planned use residential development.
j) Bed and breakfast.
k) Uses which in the judgment of the Planning Commission and City Council are
similar to those listed in this zoning district.
Subd. 4. Permitted Accessory Uses.
a) Private garages, parking spaces and carports for passenger cars, trucks, recreational
vehicles and equipment.
b) Structures used for storage of domestic equipment and non-commercial recreational
equipment.
C) Swimming pools, tennis courts, 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.
d) No accessory building nor structure shall be constructed on any lot prior to the
time of construction of the principal building to which it is accessory.
e) Fences.
f) Home occupations per Section 502.16.
g) 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
subparagraphs 1 above shall not exceed ten (10)percent of the total lot area.
3. Accessory buildings must meet the following design standards:
A. Pole barns and/or post frame construction is prohibited.
B. The exterior finish materials (such as siding, shingles, etc.) shall be
similar in nature and color to the exterior finish material of the principal
structure.
C. The side walls of the structure may not exceed ten (10) feet in height.
502.30-2
ORDINANCE 502—ZONING ORDINANCE
D. The roof slope shall be no greater than the steepest roof slope of the
principal structure, nor less than the average of the roof slopes of the
principal structure.
4. No accessory building nor structure shall be constructed on any lot prior to
the time of construction of the principal building to which it is accessory.
5. Accessory buildings not specifically permitted by this paragraph shall be
prohibited unless authorized by a special use permit granted pursuant to
Ordinance 502.07.03. For purposes of this section, a pet shelter or a
structure designed and used exclusively for play by children shall not be
considered an accessory building.
Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the
procedures and criteria set forth in Section 502.07.04 of this Code.
a) Residential rental provided the unit is owner-occupied and provided the room(s)
rented does not contain separate kitchen facilities and is not intended for use as an
independent residence. For purposes of establishing if the property is owner
occupied, the owner must be a natural person, and all owner occupy the property
as their principal residence. The owners may not exceed two in number. For
purpose of determining ownership, the owner/owners must provide a copy of a
recorded deed or recorded contract for deed. A purchase agreement will not be
accepted as evidence of ownership. In addition,
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
Section 502.30,Subd.5 amended 4/08
b) Residential Rental provided the property owner is relocating and the dwelling has
been actively for sale on the market for at least three months. For purposes of
establishing if the property is owner occupied, the owner must be a natural
person, and all owner (s) occupy the property as their principal residence and have
for at least two years. The owners may not exceed two in number. For purpose
of determining ownership, the owner/owners must provide a copy of a recorded
deed or recorded contract for deed. A purchase agreement will not be accepted as
502.30-3
ORDINANCE 502—ZONING ORDINANCE
evidence of ownership.
For the purpose of determining applicability, the property owner must provide a
copy of the current listing agreement, with a licensed realtor, showing the
property, is currently being marketed. In addition,
1. The property must satisfy the parking requirements contained in this
Ordinance.
2. The rental unit(s) must:
A. Have a ceiling height of at least seven (7) feet;
B. Contain adequate ventilation and fire escapes as determined by
the Building Official; and,
C. Meet all applicable rental codes as outlined in St. Joseph
Ordinance 505 and Ordinance 505.06, Subd. 1.
3. Conditions of the Interim Use Permit
A. If granted, the Interim Use Permit shall have a term of one year,
which can be renewed for one additional one year. The property
owner must make application for renewal and complete the rental
license process as well.
B. Under no circumstances shall the Interim Use Permit extend
beyond two years and a renewed Interim Use Permit will expire
and the end of the two year period.
Section 502.30,Subd.5(b)New 02/13
Subd. 6: Lot Area Requirements.
a) Minimum Area: 20,000 square feet where municipal sanitary sewer and water
services are not available.
b) Minimum Area where served by municipal sewer and water: 11,000 square feet.
C) Average width of not less than 75 feet and an average depth of not less than 125
feet.
Subd. 7: Setback Requirements.
a) Front yard setbacks of not less than 30 feet on all public right-of-ways, unless:
1. 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
502.30-4
ORDINANCE 502—ZONING ORDINANCE
greater or less depth of front yard in which instance no new building or
portion thereof shall project beyond a straight line drawn between the
point closest to the street line of the residence upon either side of proposed
structure or,
2. If there are residences upon only one side, then beyond the straight line
projected from the front of the nearest residences.
3. Nothing in this regulation shall be interpreted to require a front yard of
more than 50 feet.
4. Where the street is curved, the line shall follow the curve of the street
rather than to be a straight line.
b) Side yard setbacks shall be ten (10) feet from the property line for the main
structure and any garage or accessory structure. Where the side yard abuts a
public right of way, the side yard setback shall be thirty (30) feet from the main
structure and any garage or accessory structure.
Section 502.30,Subd.7b amended 1/07
C) Rear yard shall have a depth of not less than 20 percent of the depth of the lot.
d) No part of the structure including footings, soffits, gutters or other overhangs shall
encroach on easement areas.
Subd. 8: Height Requirements.
a) No building shall exceed 22 stories or shall it exceed 35 feet in height. Berming
the building does not allow a building to be constructed higher than 35 feet.
Elevation for the building shall be determined by the average grade of the land.
Subd. 9: Site Coverage.
a) No structure or combination of structures shall occupy more than 30% of the lot
area.
b) 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.
Section 502.30,Subd.9 amended 1/07
Subd. 10: Stens.—Refer to Ordinance 502.11 Signs.
a` �$3-R-�—sairg-res-a'r�$ i�St1"k�t`'s-� vrc�r`av�iig-1`ca1�'r.rcaicc,rl�S SYis�zz app -rs $3s�
502.30-5
ORDINANCE 502-ZONING ORDINANCE
,�av sigyl-Slrarl iJ%, frzai-cia-�c�r,scr c��-r-cr�-Lu-a�rr`� �'rr�r"Fri-rcy-ra,r"�, i,Ys�cp�%airc:,�L-aviraz
s�-sigis=sa�iz"a-i-b�'s_ � d3
-�. .
�', i�iza,"3i'n}�g , ' Ars--s cscdicb � cr-gciri`y'=vcnziic;3-,"sa�rs�-rl-irv�ir�Frcr}�1�
1�1-�$.ccca-c�-s�rr sere-carcca-v�-sa7��-crj-sa�rxzas�rc
-
a4carcca-v�-szx4k43q"r$are-feet-.
. ffag
c
a,b91� >�� :rtcia-5lg%r—rrs8 v Irr�z� ,s isrcca i"I�r��n�c 1= �: �
wn�:zairaggrcg-at�Li.+cai � 1� ��c-��s�c �t
pef-face
card��crres-earr�-�acscrrL-a�-y-crr�-cc"ai ,
1 T iress�ajr 1_ n7
6..,�TIi.. �Y.rLIZBTI'A.�LVZB-4X.�VZ1L/��dSi4.IIL ,SLI LBII '". . �7'.. - ,• ��r-IZBT&.iYC8T.1:
,. � la-Rc� rE�`v'-aim�ci sig as �i"rc'cz-sair`cz-a'scpi-i 'cz-rcfrsaas-ter Iii-irvire ir'r 1= f
Subd. 11: Yard Cover. Every yard on a premise on which a dwelling stands shall, within
3 months of issuance of a 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. If a certificate of
occupancy is issued between the months of November and April, the 3 month period shall begin
502.30-6
ORDINANCE 502—ZONING ORDINANCE
to run on May 1 st.
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, etc.
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.
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.
502.30-7