§ 36-439. Special requirements.

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply in the Single Dwelling Unit District (R-1):

(1)

Special setback requirements for single dwelling unit lots.

a.

Established front street setback. When more than 25 percent of the lots on one side of a street between street intersections, on one side of a street that ends in a cul-de-sac, or on one side of a dead-end street, are occupied by dwelling units, the front street setback for any lot shall be determined as follows:

1.

If there is an existing dwelling unit on an abutting lot on only one side of the lot that has a front street setback on the same street, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot on the same street; or the front street setback shall be the average front street setback of all other dwelling units on the same side of that street, between intersections.

2.

If there are existing dwelling units on abutting lots on both sides of the lot that both have a front street setback on the same street, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots on the same street; or the front street setback shall be the average front street setback of all other dwelling units on the same side of that street, between intersections.

b.

Side street setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street.

c.

Rear yard setback, interior lots. If the rear lot line is less than 30 feet in length, or if the lot forms a point at the rear and there is no rear lot line, then, for setback purposes, the rear lot line shall be deemed to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from the front lot line.

d.

Rear yard setback, corner lots required to maintain two front street setbacks. The owner of a corner lot required to maintain two front street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street frontages to the junction of the interior lot lines, the line segment being the maximum distance from the junction of the street frontages.

e.

Through lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not front shall be not less than 25 feet.

f.

Sidewall articulation for a principal structure. In order to avoid the monotonous appearance of long, unbroken building facades from abutting properties, the length of an exterior side wall shall not exceed 30 feet without a) a minimum of at least a one-foot deep by ten-foot-wide offset (projecting or recessed) or b) a combination of at least two of the following architectural or utilitarian features within every 30 feet or less:

1.

Structural windows, doors, awnings or canopies.

2.

Projecting bay or box windows.

3.

Stoops.

4.

Porches.

5.

Chimneys (minimum depth of one foot).

6.

Balconies.

7.

Pilasters.

8.

Second story roof overhang (at least 20 percent of the façade length).

9.

Port-cocheres (a roofed structure extending from the building over an adjacent driveway that vehicles drive through, typically sheltering those getting out of vehicles or as a passageway to a garage).

(2)

One dwelling unit per single dwelling unit lot. No more than one dwelling unit shall be erected, placed or used on any lot unless the lot is subdivided into two or more lots pursuant to chapter 32.

(3)

Basements. All single dwelling unit buildings shall be constructed with a basement having a gross floor area equal to at least 50 percent of the gross floor area of the story next above. The floor area of accessory uses shall not be included for purposes of this subsection.

(4)

Minimum building width. No more than 30 percent of the length, in the aggregate, of a single dwelling unit building shall measure less than 18 feet in width, as measured from the exterior of the exterior walls.

(5)

Parking ramps prohibited. No parking ramp shall be constructed in the R-1 district.

(6)

Temporary retail sales of evergreen products from conditional use properties. The city manager may grant a permit for temporary retail sales of evergreen products, if:

a.

The owner of the property or other nonprofit group approved by the owner conducts the sale.

b.

The duration of the sale does not exceed 45 consecutive days and does not start before November 15 in any year.

c.

The sale area is located in a suitable off-street location that does not interfere with traffic circulation on the site or obstruct parking spaces needed by the principal use on the site.

d.

The sale area is not located within 200 feet of a property zoned and used for residential occupancy.

e.

The hours of operation do not extend beyond 10:00 p.m.

f.

Signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square feet.

(7)

Additions to, or replacement of, single dwelling unit buildings and buildings containing two dwelling units. For additions, alterations and changes to, or rebuilds of, existing single dwelling unit buildings and buildings containing two dwellings, the first floor elevation may not be more than one foot above the existing first floor elevation. If a split level dwelling is torn down and a new home is built, the first floor elevation of the dwelling unit being torn down is deemed to be the lowest elevation of an entrance to the dwelling, excluding entrance to the garage and entrances that do not face a street.

(8)

Additions to, or replacement of, single dwelling unit buildings with a first floor elevation of more than one foot above the existing first floor elevation of the existing dwelling unit building require a variance per [article II], division 3. Such additions to, or replacements of, single dwelling unit buildings must meet one or more of conditions a-c and always meet condition d.:

a.

The first floor elevation may be increased to the extent necessary to elevate the lowest level of the dwelling to an elevation of two feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA), or the city's comprehensive water resource management plan; or

b.

The first floor elevation may be increased to the extent necessary to reasonably protect the dwelling from groundwater intrusion. Existing and potential groundwater elevations shall be determined in accordance with accepted hydrologic and hydraulic engineering practices. Determinations shall be undertaken by a professional civil engineer licensed under Minn. Stats. ch. 326, or a hydrologist certified by the American Institute of Hydrology. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval; or

c.

The first floor elevation may be increased to the extent necessary to allow the new building to meet the state building code, this Code or other statutory requirements; and

d.

An increase in first floor elevation will only be permitted if the new structure or addition fits the character of the neighborhood in height, mass and scale.

(Code 1970; Code 1992, § 850.11(7); Ord. No. 2013-7, § 4, 8-5-2013; Ord. No. 2013-12 , § 6, 12-3-2013; Ord. No. 2014-18 , §§ 1, 2, 11-18-2014; Ord. No. 2015-07 , § 7, 5-19-2015)