HomeMy WebLinkAbout8.b. Ordinance B Zoning Text Amendments . ; CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: December 16, 1997
AGENDA ITEM: Ordinance B Zoning Text Amendments: AGENDA SECTION:
Old Business
PREPARED BY: Rick Pearson, City Planner AGEND���3� �
C � �
ATTACHMENTS: Ordinance Text Amendments APPROVED BY:
SUMMARY
The attached zoning ordinance text amendments include modifications resulting from the Planning Commission
discussion and considerable discussion amongst staff including the City Attorney. The amendments include:
Section 3,Definitions with new or in some places modified definitions.
Section 4, which now includes housing standards for single family,multiple family, townhouses and
manufactured housing. Suggestions made at the November 12 Planning Commission meeting for building/unit
off-sets and basements have been included.
Section 6,which details the Agriculture and Residential Districts in the new format; and,
Section 12,which details the Planned Unit Development and Conditional Use Permit processes.
Recent discussions occurring at the November 17 Committee Of The Whole meeting further ernphasize the need
to move forward with these enhancements. Staff feels that these changes are a quantum leap forward in terms of
minimum standards.
The Planning Commission conducted a public hearing on November 25. Only one Developer was represented
in the audience. The questions that were received were for clarification and no immediate concerns or issues
were identified. Staff have been told that another Developer has made comments to Metropolitan Council Staff
and the Builder's Association regarding the Rosemount housing standards initiatives.
The City Attorney is recommending that the amendments be published in whole in stead of in summary.
RECOMMENDED ACTION: Motion to adopt the zoning ordinance text amendments for Sections 3,
4, 6 and 12 of the zoning ordinance.
CITY COUNCIL ACTION:
City of Rosemount
Ordinance No. B-96
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS:
SECTION 1. Section 3.2,Definitions, of Ordinance B-City of Rosemount Zoning
Ordinance, adopted September 19, 1989, is hereby amended to include the following
definitions: �
DEFINITIONS: For the purpose of this Ordinance, certain words contained herein shall be
defined as follows. Ambiguity in any definition shall be interpreted in accordance with the
Minnesota State Building Code, as adopted by the City of Rosemount.
Accessory Structure: A structure, with or without a roof and/or walls, detached from a principal
building located on the same lot and customarily incidental and subordinate to the principal
building.
Accessory Use: A use of land or a building or portion thereof customarily incidental and ,
subordinate to the principal use of the land or building and located on the same lot with the �
principal use. I
Apartment: One or more rooms with private bath and kitchen facilities for lease comprising an
independent, self-contained dwelling unit in a building containing three (3) or more dwelling units. '
Building Height: The vertical distance from finished grade to the top of the highest roof beams
on a flat or shed roof, the deck level on a mansard roof, and the average distance between the
eaves and ridge level for gable, hip and gambrel roofs.
Ciuster Housing, Singte Family Detached: Single family detached dwellings that are placed on
lots that are smaller than district requirements in order to acheive environmental protection or
other public objectives. The net density of the cluster area may be higher, provided that the gross
density of the total site is within applicable standards..
Condominium: A building or group of buildings, in which dwelling units, offices, or floor area
are owned individually, and the structure, common areas, and facilities are owned on a
proportional, undivided basis.
Congregate Housing: Apartments with communal dining facilities and services, such as
housekeeping, organized social and recreational activities, and transportation.
Ordinance No. B-96
Page 2
Density: The number of dwelling units per acre of land. Gross density is based on the total land
area of the development site excluding existing public streets or highways. Net density is based
on the total land area of the development site excluding wetlands, parks, e�sting public streets or
highways, other land that will remain permanently undeveloped, but including newly platted
streets.
Dwelling, Single Family Attached: A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls, each unit on a separate lot, and each unit having at least two
(2) walls exposed to the outdoors, such as duplexes, twin-homes, triplexes, quad-homes, and
townhomes. This definition shall not include units which are joined to one another by floor or
ceiling.
Dwelling, Single Family Detached: A dwelling on a single lot with street fronta�e that is not
attached to any other dwelling by any means, including roof, wall, or floor.
Dwelling, Two-Family: A building on a sinale lot containing two dwelling units, each which is
totally separated from the other by an unpierced wall extending from ground to roof.
Manufactured Home: A structure, transportable in one or more sections, which in the traveling
mode, is eight (8)body feet or more in width or forty (40)body feet or more in length, or, when
erected on the site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities; except that the term herein includes any structure which
meets all the requirements and with respect to which the manufacturer voluntarily files a
certification required by the State of Minnesota and complies with the standards established under
this Chapter.
Mixed Use Developments: Development of one tract of land that will include two (2) or more
complementary and integrated uses. Each individualland use will be separately zoned, but all
uses will be approved under the planned unit development (PUD) review process.
Planned Unit Development: An area to be planned, developed, operated and/or maintained as a
single entity and containing one or more land uses or building types, which allows variances from
the strict interpretation of this Ordinance in order to achieve other community or design '
objectives. '
Roomers: An individual other than a member of the family occupying a dwelling unit who, for
rent, is furnished sleeping accomodations, meals, personal care or other services.
Townhome: A dwelling on a single lot in a row of not less than two (2) units in which each unit
has at least two (2) walls exposed to the outdoors; no unit is located over another unit; and each
unit is separated from any other unit by one or more vertical common fire-resistant walls. In no
case shall any unit have in excess of two (2) party walls.
Ordinance No. B-96
Page 3
SECTION 2. Section 4, General Provisions, of Ordinance B-City of Rosemount Zoning
Ordinance, adopted September 19, 1989, is hereby amended to include the following:
4.T5. SINGLE FAMILY DETACHED DWELLING REQUIREMENTS: All single
family detached dwellings shall be constructed according to the following
minimum standards:
A. All single-family detached dwellings shall have a minimum width of twenty-four(24) feet
in both directions and shall have, prior to issuance of a Certificate of Occupancy, a
minimum gross finished floor area as follows:
a. In the RR-Rural Residential and Rl-Very Low Density Single-Family Residential
Districts, one thousand two hundred (1,200) square feet.
b. In the R-1 Low Density Residential and R-lA Low Density Residential Districts,
nine hundred eighty (980) square feet.
B. All single-family detached dwellings shall have a full basement or must be affixed to-a
permanent frost free foundation as defined by the applicable building code, with a
completely enclosed crawl space as defined by the applicable building code. Splitlevel,
split entry and earth sheltered homes shall be considered to comply with this requirement.
C. Main roofs shall have a minimum pitch, as follows:
a. In the AG-Agricultural, RR-Rural Residential, and RL-VeryLow Density Single-
Family Residential Districts, a 5:12 minimum pitch per definition of the applicable
building code.
b. In the R-1 Low Density Residential and R-lA Low Density Residential Districts, a
3:12 minimum pitch per definition of the applicable building code.
D. Roofs shall be shingled with asphalt, wood, tiles or other comparable materials similar in
appearance as approved by the applicable building code.
E. Except for earth sheltered homes, all exterior vertical surfaces af a single-family dwelling
and accessory structures shall be treated as a front and have an equally attractive, or the
same, fascia. Any exterior building finish shall consist of a combination of the following
materials: wood, brick, natural stone, aluminum and glass, steel, or vinyl siding. Steel
siding with exposed panels exceeding sixteen (16) inches in width, shall not be permitted.
F. All single-family dwellings shall be required to provide at least two attached enclosed
garage parking spaces no less than four hundred forty(440) square feet in area and no less
than twenty(20) feet wide in either direction.
Ordinance No. B-96
Page 4
SECTION 3. Section 4, General Provisions,of Ordinance B-City of Rosemount Zoning
Ordinance, adopted September 19, 1989, is hereby amended to include the following:
4.17. SINGLE FAMILY ATTACHED DWELLINGS AND TOWNHOME
REQUIREMENTS: All Single Family Attached Dwellings shall be constructed
according to the following minimum standards:
A. Building Site: A maximum of five (5) dwelling units may be attached per building.
B. Basements: A minimum of fifty (50) percent of all dwelling units within the development
shall have a full basement or must be affixed to a permanent frost free foundation with a
completely enclosed crawl space as defined by the applicable building code.
C. Single Family Attached Dwelling Frontage: No frontage requirement on a public street or
road is necessary for single family attached development; however, access to a public
street is required via common open space fronting the right of way.
D. Setback Requirements for Single Family Attached Dwelling Development: The following
setbacks shall be required for townhome development.
Principal Accessory Structure Parking Lot
Structure (attached or detached)
Any front, rear or side 60 ft. 40 ft. 40 ft.
along a principal arterial
highway
Any front, rear or side 50 ft. 30 ft. 30 ft.
along a minor arterial
highway
Any front, rear or side 40 ft. 20 ft. 20 ft.
along a collector street
Any front, rear or side 30 ft. 20 ft. 20 ft.
along a local street
Interior Side or Rear Lot 20 ft. 10 ft. 10 ft.
Line
' Any front, rear or side of 20 ft. from 20 ft. from 15 ft. from
building along a private back of curb back of curb back of curb
roadway
Ordinance No. B-96 !
Page 5 '
E. Minimum Distance Between Townhome Structures: In addition to the setback '
requirements of section D. above, the following minimum distances shall be maintained
between structures.
1. A minimum of twenty (20) feet shall be maintained between sidewalls of end-unit
townhomes between adjacent rows of townhome units.
2. Where the rear of a row of townhome dwelling units faces the rear of an adjoining
row of townhome dwelling units, the minimum distance between structures shall be
sixty(60) feet.
3. Where the rear of a row of townhomes faces the sidewall of front or an adjoining
row of townhomes, the minimum distance between the structures shall be forty (40)
feet.
4. Off-street parking areas provided within the common area for the use of all of the
homeowners shall maintain a minimum setback offifteen (15) feet frorn adjacent
townhome dwelling units.
F. Single Family Attached Dwellings shall have a minimum separation of twenty (20) feet
between buildings.
G. Single Family Attached Dwelling Parking Requirements: Each dwelling unit shall have a
minimum of two and one-half(2'/2) car parking spaces available for each dwelling unit's
use. Two (2) enclosed garage car parking spaces, no less than four hundred forty (440)
square feet in area, shall be provided on the dwelling unit lot and the remaining
requirements provided for within the overall townhome development. The development
shall provide the remaining one-half space per unit in the common space, which will be
accessible to all dwellings.
H. Design of Garage and Accessory Structures: Garages and other accessory structures
sha11 be architecturally compatible in construction and appearance with the main building.
Garage spaces required to satisfy off-streetparking requirements shall be attached ta the
townhome dwelling unit. A minimum of one hundred fifty(150) cubic feet of storage
space, exclusive of parking spaces provided, shall be provided within the garage.
I. Design of Streets and Parking Areas: -
l. All parking and driving surfaces shall be surfaced with concrete or asphalt, and shall
be defined by continuous concrete perimeter curbing.
2. A11 internal private roadways shall be a minimum twenty-eight (28) feet wide face to
face.
J. Exterior Vertical Surface Design: All exterior vertical surfaces of a townhome dwelling
and accessory structures shall be treated as a front and have an equally attractive or the
Ordinance No. B-96
Page 6
same fascia. At least fifty(50) percent of any exterior building finish shall consist of a
combination of materials which are non-combustible, non-degradable and maintenance
free (for example, base brick, natural stone, glass and aluminum, steel or vinyl siding) or
those comparable in grade and quality. No exterior building finish shall be sheet
aluminum, asbestos, iron, steel, corrugated aluminum or untreated block.
K. Vertical Wall Surface Alignments: No more than two (2) adjacent unit exterior walls
may occupy the same vertical plane. All townhome structures containing three (3) or
more dwelling units shall have minimum offsets of four(4) feet between one of the units
and the adjacent property.
L. Single Family Attached Platted Additions:
1. Density: All Single Family Attached developments shall be built in platted additions
to the City and shall have a maximum net density not to exceed six (6) dwelling units
per acre. Said land shall be platted before a Building Pernut issued. For the purpose
of this Section, "Plat" is defined in accordance with Minnesota Statutes, Section
505.01, et sea. as amended. Nlinimum Single Family Attached development lot size
shall be one-half('h) acre.
M. Single Family Attached Dwelling Open Space Requirements:
1. Recreational Space: All areas not occupied by structures, parking or driving surfaces
shall be landscaped and maintained with vegetation. At least twenty(20%) percent
of the open/green space, excluding required setback areas, shall be reserved for
playgrounds and/or passive recreational space. Park lands shall be graded and
seeded by the developer.
2. Streets and Lanes: The developer of each townhome development shatl be
responsible for buildina and developing of the open space into finished, graded and
fully developed areas consisting of paved streets having a minimum of five (5) ton
axle load bituminous surfacing and common paved parking areas, in accordance with
Section 8.1 off street parking requirements. ,
N. Requirements of Homeowners' Association: The Declaration of Covenarns for a �',
homeowners' association shall be approved by the City and shall contain the following: !,
1. Duties of Homeowners' Association: The open space and common areas shall be
maintained and cared for by the developer of the single family attached project until a
homeowners association is formed to maintain open space and comman areas. This
� single family attached homeowners' association shall be responsible for the care and
maintenance of all open space and common areas of this single family attached
° project and also for the maintenance and appearance of the e�erior of each unit.
2. Homeowners' Charges: The homeowners' association shall levy charges to each
owner for the maintenance cost, operating costs and improvement costs for the open
Ordinance No. B-96
Page 7
space, parks, and green areas and also for the parking and bituminous surfaced areas
which are not publicly owned and maintained. In addition, the homeowners'
association will assume the responsibility to maintain the exterior of the building and
also their front and rear yards in an acceptable condition which is compatible to the
neighboring property. This condition shall be so kept that it will not cause a
blighting of the area or a general deterioration of the Single Family Attached
development. The homeowners association will cause blighted properties to be
repaired, restored, and maintained as necessary to a proper standard for the area.
3. Failure to Organize Homeowners' Association: In the event that the developer or
owner of the Single Family Attached project is unable to organize the property
owners into an association for the maintenance of the open space and Single Family
Attached after twelve (12) months from the completion of the construction, the
Council will call for a public hearing of all persons so concerned and ask for the
creation of such an association. If no association is formed or if the association
ceases to function any time after it is formed, the Council will order such
maintenance work and restoration of the area and then will assess such costs,
together with a reasonable supervision charge, to the property owners in the Single
Family Attached project or the individual property owner receiving the individual
benefit. .
4. The Council may require that the Declaration of Covenants include provisions to
meet the minimum requirements of this section or to satisfy conditions of City
approval, may be enforced by the City, and may not be amended or released without
City Council approval.
SECTION 4. 5ection 4, General Provisions, of Ordinance B-City of Rosemount Zoning
Ordinance, adopted September 19, 1989, is hereby amended to include the following;
4.18. MANUFACTURED HOME PARK REQUIREMENTS: All parks shall be
constructed according to the following minimum standards:
A. Permitted Uses:
1. Manufactured homes and accessory structures.
2. Community building, management office, private recreation facilities.
3. Condominium style manufactured home parks.
4. Public and institutional uses required by the resident population.
5. Home occupations subject to requirements established in Section 4.16 of this
Ordinance.
Ordinance No. B-96
Page 8
B. Required Conditions:
1. Manufactured homes not meeting single-family dwelling requirements are permitted
only in planned manufactured home parks. The PUD procedure is reauired for all
park proposals.
2. Manufactured home parks must be serviced by public sewer and water systems.
3. Manufactured homes must ha�e a full basement or must be affixed to a permanent
frost free foundation with a completely enclosed crawl space.
4. Only manufactured homes certified as meeting current HLTD "Manufactured Home
Construction and Safety Standards" shall be permitted, unless evidence is furnished
that manufactured homes meeting prior HCTD codes have been updated to meet
current construction and safety standards and upon inspection have been found safe
and fit for residential occupancy.
5. Publicly owned and maintained streets and utilities must be designed and constructed
according to minimum City specifications for other residential developments.
C. Site/Design Requirements: '
1. Minimum site area for manufactured home parks is forty(40) acres.
2. Manufactured home parks shall have at least one property line abutting a collector or I',
arterial street, as defined by the Comprehensive Guide Plan. ,
3. All structures within manufactured home parks shall be set back a minimum of fifty �I,
(50) feet from all adjacent property lines. Said setback area shall be provided with a ',
dense combination of earthen berms and plant materials, specific plans for which ',
must be approved by the Planning Commission: I
4. Dedication for parks and recreational uses shall be determined according to the
requirements of the Subdivision Ordinance. The City Council shall determine
whether land or cash in lieu of land shall be required, and, in the case of land
dedication, whether the land shall be publicly or privately owned and maintained.
5. Streets and utilities in manufactured home parks under single ownership shall be
privately constructed, owned and maintained.
6. Privately owned utilities shall be designed and constructed to meet the minimum
specifications of the Minnesota Department of Health and the Minnesota Pollution
Control Agency.
7. Private streets shall be constructed to meet minimum City specifications and shall be
paved to a minimum width of thirty-two (32) feet where on-street parking is
Ordinance Na B-96
Page 9
permitted. Where parking is permitted on one side only and signs are posted, the
minimum street width shall be twenty-four(24) feet.
8. The City Council shall determine whether streets and utilities in condominium style
manufactured home parks may be publicly owned and maintained.
9. All manufactured home parks shall be designed with a minimum of two (2) access
points on public thoroughfares, providing full ingress and egress at each location.
10. Each manufactured home park shall provide a storm shelter or shelters of
sufficient capacity to safely protect all of the residents of the park in case of a
storm emergency. In lieu thereof, the Planning Commission may approve
basement shelters within each unit provided the minimum standards for safety are
assured.
1 l. The outdoor storage of recreation vehicles shall not be permitted except as
provided for in Section 6.8.D.5. of this Ordinance.
SECTION 5. Section 6, District Use Regulations, vf Ordinance B-City of Rosemount
Zoning Ordinance, adopted September 19, 1989, is hereby amended to read as follows;
6: DISTRICT USE REGULATIONS:
6.1 AG AGRICULTURAL DISTRICT:
A. Purpose and Intent: This District is primarily established to encourage the long term
continuation of agricultural and related uses in the City in areas which are both suitable
for agriculture and are not planned for urban development.
B. Permitted Uses:
1. Agriculture, including accessory and related uses.
2. Commercial Greenhouses and Landscape Nurseries.
3. Commercial Livestock, Furbearing Animals, and Fowl; Dairy Farming; and
Commercial Horse Stables provided;
a. The site shall not be less than twenty (20) acres in size;
b. All structures shall be located a minimum of seventy-five (75) feet from all I
residential property lines. '�,
4. Essential Service Facilities. '
Ordinance No. B-96
Page 10
5. Keeping of Horses, provided:
a. The site shall not be less than five (5) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
c. The maximum number of horses shall not exceed one per two (2) acres.
6. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public axea.
7. Single-Family Detached Dwellings, subject to Section 4.15 of this Ordinance:
C. Accessory Uses:
1. Agricultural Product Stands.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation, customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Recreationai Vehicle Storage, subject to Section 4.9 of this Ordinance.
7. Roomers, a maximum of two (2) per dwelling unit.
8. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance. ,
D. Conditionai Uses: '
1. AM Radio Antennas and Supporting Towers and related accessory structures. '�,
This use may be pernutted only on properties situated in that part of the City north
and east of State Trunk Highway 55.
2. Commercial Outdoor Recreation.
3. Golf Courses, including accessory and related uses.
4. Kennels, provided:
a. The site shall not be less than twenty (20) acres in size.
Ordinance No. B-96 �,
Page 11
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
5. Mineral Extraction, provided the site is east of State Trunk Highway 52 on
properties situated within one-half ('h)mile of County State Aid Highway 42.
6. Transmission Facilities greater than one-fourth('/4) mile in length.
E. Uses Permitted by PUD:
1. None.
F. Minimum Lot Requirements and Setbacks (See Supplemental Yard Regulations):
l. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 acres
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
3. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
4. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, including driveways: . . . . . . . . . . . . : . . . . . . . . . . . . . . 5 feet
5. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
6. Maximum Gross Density: . . . . . . . . . . . . . . . . . . . . . . . . 1 dwelling unit/l0 acres
7. Maximum Building Height:
Ordinance No. B-96 ',
Page 12
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 feet
6.2: AGP AGRICULTURAL PRESERVE DISTRICT:
A. Purpose and Intent: This District is expressly established to allow land owners to
comply with the requirements of the Metropolitan�Area Agricultural Preserves Act,
Minnesota Statutes, chapter 473H.
B. Permitted Uses:
1. Agriculture, including accessory and related uses.
2. Commercial Livestock, Furbearing Animals, and Fowl; Dairy Farming; and
Commercial Horse Stables provided;
a. The site shall not be less than twenty(20) acres in size;
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
3. Essential Service Facilities.
4. Keeping of Horses, provided:
a. The site shall not be less than five (5) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
c. The maximum number of horses shall not exceed one per two (2) acres.
5. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
6. Single-Family Detached Dweilings, subject to Section 6.1.B.7. of this Ordinance.
C. Accessory Uses:
1. Agricultural Product Stands.
2. Gazebos and Screened Porches.
Ordinance No. B-96
Page 13
3. Home Occupations, subject to Section 4.16 af this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation, customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
7. Roomers, a maximum of two (2) per dwelling unit.
8. Sateilite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Transmission Facilities greater than one-fourth('/4) mile in length.
E. Uses Permitted by PUD:
1. None. '
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
l. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 acres
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
3. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
4. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . , . . . . . . 30 feet
. . . . . . . . . . . . . . . . . . .
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
5_ Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet ',
n e No. B-96 ,
Ordina c
Page 14
' b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . ., . . . . . . . . . . . . . . . . 5 feet
6. Magimum Gross Density: . . . . . . . . . . . . . . . . . . . . . . . . 1 dwelling unit/40 acres
7. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 feet
6.3: RR RURAL RESIDENTIAL DISTRICT:
A. Purpose and Intent: It is the purpose of this District to provide for a large lot rural
residential lifestyle which is separate from and not in conflict with commercial
agricultural activities. Within these districts, public sewer and water systems are not
available and on-site systems shall meet the City's minimum requirements.
B. Permitted Uses:
',
1. Commercial Horse Stables, provided:
' a. Lot is not less than twenty(20) acres;
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
2. Essential Service Facilities except electrical substations and switching substations.
3. Keeping of Horses, provided:
a. The site shall not be less than five (5) acres in size.
b. All structures shall be located a minimum of seventy-five(75) feet from all
residential property lines.
c. The maximum number of horses shall not exceed one per two (2) acres.
4. Public Parks, owned and operated by a governmental unit, including recreational
structures and facilities.
5. Single-Family Detached Dwellings, subject to Section 6.1.B.7. of this Ordinance.
C. Accessory Uses:
I
Ordinance No. B-96
Page 15
1. Gazebos and Screened Porches.
2. Home Occupations, subject to Section 4.16 of this Ordinance.
3. Private Detached Garages.
4. Private Outdoor Recreation, customarily associated with a residence. Swimming
pools subject to Section 5-3-1 of the Rosemount City Code.
5. Recreatianal Vehicle Storage, subject to Section 4.9 of this Ordinance.
6. Roomers, a maximum of two (2) per dwelling unit.
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
l. Commercial Greenhouses and Landscape Nurseries.
2. Golf Courses, including accessory and related uses.
3. Kennels, provided:
a. The site shall not be less than twenty(20) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all �'
residential property lines. '
c. No outdoor keeping of animals or dog runs shall be permitted.
4. Transmission Facilities greater than one-fourth(t/4) mile in length.
E. Uses Permitted by PUD.
1. None.
F. Minimum Lot Requirements and Setbacks (see Supplementat Yard Regulations):
1. Minimum Lot Area:
a. Platted Land: . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 2.5 acres
b. Unplatted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 acres
2. Minimum Lot Width:
Ordinance No. B-96
Page 16
a. Platted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 feet
b. Unplatted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
3. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . 40 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet
4. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
5. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . 30 feet
. . . . . . . . . . . . . . . . . . . . . . .
c. Surface Parking, excluding driveways: . . . . . . . . . . . . ., . . . . . . . . . . . . . 5 feet
6. Maximum Gross Density: . . . : . . . . . . . . . . . . . . . . . . . . . 1 dwelling unit/5 acres
7. Maximum Building Height: ;
�
a. Principal Structure: . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
6.4 RL VERY LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT:
A. Purpose and Intent: The purpose of this District is to allow low density residential
development within the Metropolitan Urban Service Area while minimizing negative
environmental impacts on areas with greatest physical amenities (rolling topography, forest,
wildlife habitat, water bodies). Single-Family Detached Dwelling Cluster Development will
be encouraged as a tool to protect unique physical features and restrict development to the
most suitable locations. The twenty thousand (20,000) square foot minimum lot size will
accommodate larger homes than the R-1 (10,000 square foot minimum lot size) District, will
mandate increased structure separation and will allow for more selective siting of homes.
Ordinance No. B-96
Page 17
The lower ma�mum density of one dwelling unit per acre will result in preservation of
natural amenities within the context of providing urban services.
B. Permitted Uses:
l. Essential Service Facilities except electrical substations and switching stations.
2. Licensed Child Day Care, for twelve (12) or fewer persons. Unlicensed facilities
subject to the requirements of customary home occupations in Section 4.16 of this
Ordinance.
3. Residential Facilities, licensed by the State of Minnesota, serving six(6) or fewer
persons.
4. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
5. Single-Family Detached Dwellings, provided:
a. Main roofs shall have a minimum pitch of 5:12 per definition of the applicable
building code.
b. All single-family dwellings are subject to Section 4.15 of this Ordinance.
C. Accessory Uses:
l. Gazebos and Screened Forches.
2. Home Occupations, subject to Section 4.16 of this Ordinance .
3. Private Detached Garages.
4. Private Outdoor Recreation, customarily associated with a residence. Swimming
pools subject to Section 5-3-1 of the Rosemount City Code.
5. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance. ,
6. Roomers, a ma.ximum of two (2) per dwelling unit. II
7. Satellite Dishes and Solar Cotlectors, subject to Section 4.12 of this Ordinance. '
D. Conditional Uses:
1. Golf Courses, including accessory and related uses.
2. Transmission Facilities greater than one-fourth ('/a) rnile in length.
Ordinance No. B-96
Page 18
E. Uses Permitted by PUD:
l. Single-Family Detached Dwelling Cluster Developments with a net density up to 2.5
du/acre in concentrations of residential units intended to minimize impact on ponds,
lakes, wetlands, woodlands, flood plains, significant trees and woodlands, steep slopes
and other natural or unique features elsewhere in the district. Such areas may be
included within conservation easements or other forms of public or private open space.
All developments including common open space are required to have homeowners'
associations in accordance with Section 4.17N of this Ordinance.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
l. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20,000 square feet
2. Minimum Lot Width: . . . . . . . . . . . . . . : . . . 110 feet
. . . . . . . . . . . . . . . . . . . . . . .
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 feet
4. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . 30 feet
5. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet
c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure
(1) 120 square feet or less: . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet
(2) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
I
Ordinance No. B-96
Page 19
7. Maximum Gross Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 dwelling unit/ acre
8. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
6.5: R-1 LOW DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a low density residential district that is intended to
accommodate newer sinale-family detached housing development within the Metropolitan
Urban Service Area. Dwelling units within this District are intended to be connected to the
public sewer and water system.
B. Permitted Uses: �
l. Essential Service Flcilities except electrical substations and switching stations.
2. Licensed Child Day Care for twelve (12) or fewer persons. Unlicensed child day care
shall comply with the requirements for customary home occupations in Section 4.16 of
this Ordinance.
3. Residential Facilities, licensed by the State of Minnesota, serving six(6) or fewer
persons.
4. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
5. Single-Family Detached Dwellings, provided:
a. Main roofs shall have a minimum pitch of 3:12 per definition of the applicable
building code.
b. All single-family dwellings are subject to Section 4.15 of this Ordinance.
C. Accessory Uses: I'
1. Cemeteries, accessory to Churches and Places of Worship. '
2. Gazebos and Screened Porches.
Ordinance No. B-96
Page 20
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
7. Roomers, a maximum of two (2) per dwelling unit.
8. Satellite Dishes and Sotar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Child Day Care, Montessori Schools, and Nurseries, within churches, places of
worship, and elementary and secondary educational institutions.
2. Churches and Places of Worship regardless of religious af�iliation. Churches and
Places of Worship must have direct access to or be within three hundred (300') feet of a
collector, minor arterial or principal arterial street. '
3. Elementary and Secondary Educational Institutions and Facilities. I,
4. Transmission Facilities greater than one-fourth('/4) mile in length.
E. Uses Permitted by PUD:
1. Single-Family Detached Dwelling Cluster Developments. All developments
including common open space are required to have homeowners' associations in
accordance with Section 4.17.N of this Ordinance.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
1. Minimum Lot Area:
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000 square feet
b. Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,000 square feet
2. Minimum Lot Width:
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 feet
b. CornerLots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95feet
Ordinance No. B-96
Page 21
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 feet
4. Minirnum Front Yard Setback:
a. Principal Structure, including garage: . . . . . . . . . . , . . . . . . . . . . . . . _ . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Established Principal and Accessory Structures: Where forty(40} percent or more
of the lots on any block are developed with buildings, if the average front yard is
less than the required front yard, the average or twenty(20) feet, whichever is
greater, shall be the required front yard.
' S. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. SurFace Parking, including driveways: . . . . . . . . . . . . 10 feet
. . . . . . . . . . . . . . . .
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 30 feet
b. Accessory Structure:
(1) 120 square feet or less: . . . . . . . . . . . . . . 5 feet
. . . . . . . . . . . . . . . . . . . . . . .
(2) larger than 120 square feet: . . . . . . . . . . . . . . . . . 30 feet
. . . . . . . . . . . . . . . .
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. Maximum Net DensiTy: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 dwelling units/acre
8. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
8. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
6.6 R-lA LOW DEN5ITY RESIDENTIAL DI5TRICT
- -
r in nce No. B-96 ����
Od a
Page 22 '
A. Purpose and Intent: This is a low density residentiat district that is intended to preserve the
character of existing sinale-family neighborhoods platted on or before 1979 within the
Metropolitan Urban Service Area. Dwelling units within this District are intended to be
connected to the public sewer and water systems.
B. Permitted Uses:
l. Essential Service Facilities except electrical substations and switching stations.
2. Licensed Child Day Care for twelve (12) or fewer persons. Unlicensed child day care
shall com 1 with the re uirem n f r m home occu ations in Section 4.16 of
e ts o custo a
PY q rY p
this Ordinance
3. Residential Facilities, licensed by the State of Minnesota, serving six (6) or fewer
persons.
4. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
5. Single-Family Detached Dwellings, subject to Section 6.S.B.S. of this Ordinance.
C. Accessory Uses:
1. Gazebos and Screened Porches.
2. Home Occupations, subject to Section 4.16 of this Ordinance.
3, Private Detached Garages. �
4. Private Outdoor Recreation customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
5. Recreationai Vehicle Storage, subject to Section 4.9 of this Ordinance.
6. Roomers, a maximum of two (2) per dwelling unit.
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Child Day Care, Montessori Schools, and Nurseries, within churches, places of
worship, and elementary and secondary educational institutions.
2. Churches and Places of Worship regardless of religious af�iliation. Churches and
Places of Worship must have direct access to or be within three hundred (300') feet of
a collector, minor arterial or principal arterial street.
Ordinance No. B-96
Page 23
3. Elementary and Secondary Educational Institutions and Facilities.
4. Transmission Facilities greater than one-fourth ('/a) mile in length.
E. Uses Permitted by PUD:
l. Single-Family Detached Dwelling Cluster Developments. All developments
including common open space are required to have homeowners' associations in
accordance with Section 4.17N of this Ordinance.
F. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area (see Supplemental Yard Regulations):
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000 square feet :
b. Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,000 square feet
2. Minimum Lot Width:
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 feet
b. Corner Lots . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . , 95 feet '
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 feet
4. Minimum Front Yard Setback: ''
a. New Principal Structure, including garage: . . . . . . . . . . . . . 30 feet ,
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Established Principal and Accessory Structures: Where forty(40) percent or more I'�
of the lots on the same side of the block where the structure is located are !,
developed with buildings, if the average front yard is less than the required front
yard, the average or twenty(20) feet, whichever is greater, shall be the minimum I
required front yard. •
5. Minimum Side Yard Setback:
a. Principal Structure, including garage: I
(1) Single Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S feet
(2) Two Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
Ordinance No. B-96
� Page 24
I' b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
� c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . 25 feet
b. Accessory Structure:
(1) 120 square feet or less: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
(2) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . 10 feet
7. Magimum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 dwelling units/acre
8. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . 30%
6.7 R-2 MODERATE DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a low to medium density residential district which is located within
the Metropolitan Urban Service Area and is primarily, but not exclusively, intended to
accommodate attached single-family dwellings. Dwelling units within this District are intended �
to be connected to the public sewer and water systems. '�,
B. Permitted Uses: I'�
1. Essential Service Facilities except electrical substations and switching stations. I�'�,
2. Licensed Child Day Care for twelve (12) or fewer persons. Unlicensed child day care
sha11 comply with the requirements for customary home occupations in Section 4.16 of this
Ordinance.
3. Residential Facilities, licenced by the State of Minnesota, serving six (6) or fewer
persons.
4. Public Parks, owned and operated by a aovernment unit, including recreational facilities ,
and structures consistent with the public area. . '
Ordinance No. B-96
Page 25
5. Single-Family Attached Dwellings, subject to Section 4.17, Townhome Requirements,
of this Ordinance. '
6. Single-Family Detached Dwellings, subject to Section 6.S.B.S., Single-Family Detached '
Dwellings, of this Ordinance. '
7. Two-Family Dwellings. ,
C. Accessory Uses: I!,
1. Cemeteries accessory to Churches and Places of Worship. I�'
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation customarily associated with a residence. Swimming pools
shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Roomers, a maximum of two (Z) per dwelling unit.
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Child Day Care,Montessori Schools, and Nurseries,within churches, places of worship,
and elementary and secondary educational institutions.
2. Churches and Places of Worship regardtess of religious affiliation. Churches and Places
of Worship must have direct access to or be within three hundred (300') feet of a collector,
minor arterial or principal arterial street.
3. CommuniTy PlayfieldslAthletic Comptexes, owned and operated by a government unit,
including recreational facilities and structures consistent with the public area.
4. Elementary and Secondary Educational Institutions and Facilities.
5. Recreational Vehicle Storage. Recreational Vehicle Storage accessory to multiple-family
development shall be subject to Section 6.8.D.5. of this Ordinance.
6. Transmission Facilities greater than one-fourth ('/a) mile in length.
E. Uses Permitted by PUD:
Ordinance No. B-9b
Page 26
1. Manufactured Home Parks, subject to Section 4.18 of this Ordinance.
2. Single-Family Detached Dwelling Cluster Developments.
3. Miged Use Developments.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
1. Minimum Lot Area: �
a: Single and Two-Family: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,000 square feet
b. Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . 18,000 square feet
2. Minimum Lot Width:
a. Single and Two-Family: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 feet
b. Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . 120 feet
3. Minimum Lot Depth:
a. Single and Two-Family: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 feet
b. Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . 150 feet
4. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding single and two-family driveways: . . . . . . _ . . . . 30 feet
d. Established Principal and Accessory Structures: Where forty{40)percent or more of
the lots on the sarne side of the block where the structure is located are developed
with buildings, if the average front yard is less than the required front yard, the
average or twenty(20)feet, whichever is greater, shall be the minimum required front
yard.
5. Minimum Side Yard Setback:
a. Princi al Structure:
p
(1) Sin le-Famil and Two-Famil : . . . . . . . . . . , . . . . . . . . . . . . . . . . . . 10 feet
g Y Y
Ordinance No. B-96
Page 27
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . 30 feet '
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l0 feet '
c. SurFace Parking: '
(1) Single and Two-Family, including driveways: . . . . . . . . . . . . . . . . . . . . 5 feet '
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: ' I,
(1) Single and Two-Family: I
(a) 120 square feet or less: . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . 5 feet �,
(b) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking: I
(1) Single and Two-Family, excluding driveways: . . . . . . . . . . . . . . . . . . . . 5 feet
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. Maximum Net Density: . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 dwelling units/ acre
8. Magimum Building Height;
a. Principal Structure: . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: '
a. Two family dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
Single family detached dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40%
b. Single family attached dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70%
6.8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT I
'�,
_--
_ _ __ . I
r i n e No. B-96 ' I'
O d na c
Page 28
A. Pu ose and Intent: This is a medium to hi h densit residential district which is intended to I
�'A g Y
be located within or near the Rosemount Central Business District (CBD) where streets and
utilities are sufficient in capacity to accommodate higher density development and where
shopping and recreational facilities are available within close walking or driving distance.
Housing types include apartments, condominiums and townhouses. It is intended that this
District provide a blend of housing, recreation and open space opportunities.
B. Permitted Uses:
l. Apartments.
2. Assisted Living Care Facilities.
3. Condominiums.
4. Congregate Housing.
5. Essential Service Facilities except electrical substations and switching stations.
6. Licensed Child Day Care for twelve (12) or fewer persons. Unlicensed Child Day Care
shall comply with the requirements for customary home occupations in Section 4.16 of this
Ordinance.
7. Residential Facilities, licensed by the State of Minnesota, for six(6) or fewer persons.
8. Nursing and Retirement Homes. �
9. Public Parks, owned and operated by a governmental unit, including recreational facilities
and structures consistent with the public area.
10. Single-Family Attached Dwellings, subject to Section 4.7, Townhome Requirements, of
this Ordinance.
11. Two-Family Dwellings.
C. Accessory Uses:
l. Cemeteries, accessory to Churches and Places of Worship.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Outdoor Recreation,customarily associated with a multiple-family development,
provided: �
_-_ ___-- —
Ordinance No. B-96 I'
Page 29 ',,
a. They are no nearer the front lot line than the principal structure; �'
b. They are set back from (ot lines the distance required for accessory structures. II
c. Swimming pools shall be subject to Section 5-3-1 of the Rosemount City Code.
5. Sateilite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
6. Roomers, at a ma�cimum of two (2) per dwelling unit.
D. Conditional Uses:
1. Child Day Care,Montessori Schools, and Nurseries,within churches, places of worship,
and elementary and secondary educational institutions.
2. Churches and Places of Worship regardless of religious affiliation. Churches and Places
of Worship must have direct access to or be within three hundred 300') feet of a collectar
or minor arterial or principal arterial street. �
3. Community Playfields/Athletic Complexes owned and operated by a government unit,
including recreational facilities and structures.
4. Elementary and Secondary Educational Institutions and Facilities.
5. Recreational Vehicle 5torage accessory to the multiple-family development, provided all
storage shall be within a building or a central storage area, or be subject to the following
requirements:
a. Outdoor storage shall not'be within a required yard;
b. Ifnot stored within abuilding, the storage area shall be screened from view from all
public streets and"R"Districts by a six(6)foot high wall, fence and/or plant materials
providing ninety(90) percent opacity during all seasons of the year.
6. Transmission Facilities greater than one-fourth ('/a) mile in length.
E. Uses Permitted by PUD:
1. Manufactured Home Parks, subject to the requirements of Section 6.7.E.1 of this
Ordinance.
2. Mixed Use Developments.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
L Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22,500 square feet
�__ .
Ordinance No. B-96
Page 30
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
4. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking: . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
d. Established Principal and Accessory Structures: Where forty(40) percent or more of
the lots on the same side of the block where the structure is located are developed
with buildings, if the average front yard is less than the required front yard, the
average or twenty(20)feet,whichever is greater, sfiall be the minimum required front
yard.
5. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IO feet
6. Minimum Rear Yard Setback: � II
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . '
. . . . . . . . . . . . . . . . 30 feet '
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet '
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . 12 dwelling units/acre
8. Maximum Building Fleight:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet I
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. M�tximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75%
10. GUOS/Unit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 squarefeet
Ordinance No. B-96
Page 31
6.9 R-4 HIGH DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is an exclusively high density residential district which is primarily
intended to accommodate high-rise apartments and condos and senior citizen housing. It is the
intent of this Ordinance that this District be within or adjacent to the Rosemount CBD to
provide for the maximum converuence and accessibility for residents.
B. Permitted Uses:
1. Apartments.
2. Assisted Living Care Facilities.
3. Condominiums.
4. Congregate Housing.
5. Essential Service Facilities except electrical substations and switching stations. ,
6. Licensed Child Day Care for twelve(12) or fewer persons. �I
7. Residential Facilities, licensed by the State of Minnesota, for six (6) or fewer persons.
8. Nursing and Retirement Homes.
9. Public Parks, owned and operated by a government unit, including recreational facilities
and structures.
C. Accessory Uses:
1. Cemeteries accessory to Churches and Places of Worship.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Outdoor Recreation, customarily associated with a multiple-family development,
provided:
a. They are no nearer the front lot line than the principal structure;
b. They are set back from lot lines the distance required for accessory structures.
c. Swimming pools shall be subject to Section 5-3-1 of the Rosemount City Code.
5. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
_ _ _ .. _._
Ordinance No. B-96
Page 32
D. Conditional Uses:
l. Child Day Care,Montessori Schools,and Nurseries,within churches, places of worship, ,
and elementary and secondary educational institutions. '
2. Churches and Places of Worship regardless of religious affiliation. Churches and Places
of Worship must have direct access to or be within'three hundred (300') feet of a collector
or minor arterial or principal arterial street.
3. Community Pla�elds/Athletic Compleges, owned and operated by a government unit,
including recreational facilities and structures.
4. Elementary and Secondary Educational Institutions and Facilities.
5. Transmission Facilities greater than one-fourth('/a) mile in length.
E. Uses Permitted by PUD:
L Manufactured Home Parks, subject to the requirements of Section 6.7.E.1 of this
Ordinance.
2. Mixed Use Developments.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22,500 square feet
2: Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
4. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
5. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . 10 feet
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
Ordinance No. B-96
Page 33
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 dwelling units/acre
8. Mazimum Building Height:
a. Principal Structure: . . . . : . . . . . . . . . . . . . . . . . . 35 feet
. . . . . . . . . . . . . . . . . . .
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . 18 feet
9. Magimum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . 75%
i0. GUOS/LTnit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 square feet
SECTION 6. Section 12,Administration and Enforcement,of Ordinance B-City of Rosemount
Zoning Ordinance, adopted September 19, 1989, is hereby amended to read as follows:
12: ADMINISTRATION AND ENFORCEMENT:
12.1: PURPOSE, DEFINITIONS, GENERAL PROVISIONS: The Council shall
designate a Zoning Administrator, who shall administer and enforce the provisions of
this Ordinance and for the purpose of this Ordinance shall have the power of a police
officer. The Zoning Administrator shall also maintain current and permanent records
of this Ordinance, including but not limited to amendments, variances, appeals and
conditional uses.
12.2: VIOLATIONS AND PENALT'IES: Any person who violates or fails to comply with
any provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished to the ma�cimum extent authorized in Minnesota Statutes
section 412.231, as amended from time to time. Each day the violation continues shall
constitute a separate offense.
12.3: BUILDING PERMITS:
A. Permit Required: No person, firm or corporation shall erect, alter, construct, enlarge, repair,
move, improve, convert, demolish, equip, use, occupy, or maintain any building, structure, or
portion thereof, within the City of Rosemount until proper permits and/or a Certificate of
Ordinance No. B-96
Page 34
Occupancy has been issued by the Protective Inspections Division of the City. All work for
which a permit has been issued must be completed in accordance with Rosemount City Code,
Title 9, this code and applicable Federal, State and County laws, codes and regulations.
B. Site Plan Approval Process Required:
1. Except as provided for by t}vs section, no building permit shall be issued until a site plan
has been prepared in accordance with the provisions of this Ordinance and approved by the
Commission.
2. Applications provided by the City shall be completed in writing and submitted with the
required fee prior to any consideration for a site plan approval. The Site Plan Review Fees
are established by resolution of the Council. Applications shall not be formally accepted
until all supportive or supplementary information has been furnished by the applicant.
3. No Site Plan shall be considered until a public hearing has been held by the Commission.
A notice of the time, place and purpose of the hearing shall be published in the City's
official newspaper, at least ten (10) days prior to the hearing. Notices shall be mailed to,
each property owner within three hundred fifty(350) feet of the affected property, except
when located in Agriculture, Agriculture Preserve and Rural Residential Districts, which
shall reQuire mailed notice to each property owner within one-fourth ('/4) mile of the
a.ffected property. The City shall use its best available records to determine the names and
addresses of property owners to receive notice.
4. The applicant,the Administrator, a member of the Council, or any person owning property
or residing within the prescribed notification area rnay appeal the Commission decision to
the CounciL An appeal, as provided for within Section 15.3 of this Ordinance, must be
filed with the Community Development Department within ten(10) working days after a
final decision is made by the Commission.
C. Exceptions: Exceptions to the requirements for Commission review of required site plans are
as follows:
l. The erection or alteration of single-family detached residences or accessory structures,
when all other provisions of this Ordinance have been met.
2. The erection or alteration of permitted agricultural structures, when all other provisions of
this Ordinance have been met.
3. Interior alterations of all structures which do not af�ect the existing uses or intensity of use,
when all other provisions of this Ordinance have been met.
4. The erection or alteration of commercial or industrial structures or accessory structures for
uses pernutted in the BP Business Park District, when all other provisions of this Ordinance
have been met.
Ordinance No. B-96
Page 35
5. Additions to a principal, not exceeding ten (10) percent of the building foot print of the
structure being modified, when all otherprovisions of this Ordinance have been met.
6. Construction of or addition to an accessory structure not exceeding 50% of the building
footprint of the principal structure.
D. Site Plan Contents:
1. An application for site plan review must be completed in full and accompanied by ten (10)
sets of clearly legible blue or black-lined copies or drawings at a scale appropriate for the
level of review to be performed, submitted at least two (2) weeks prior to review by the
Commission at a regularly scheduled meeting,and must include the following:
a. Title or description of the proposed project, including legal description of the
property.
b. Name and registration number, when appropriate, of the person preparing and
presenting the site plan information.
c. Location of the property with respect to and including names of adjacent landowners I
or uses, streets, highways, railroads, easements or other landmarks. I
d. Name and address of owner/developer, scale, northpoint, date and number of streets. II'
e. E�sting topography as indicated on a contour map having counter intervals no greater �,
than two (2) feet, which shall include, but not be limited tq e�sting buildings,
structures im roved surfaces transmission lines fences ve etation streams wetlands I
, P , , , g , �
and other water bodies.
f. Existing drainage of the site in terms of direction and the rate of which stormwater �,
flows. I
g. A description of soils. II'
h. The proposed size, alignment, height and use of structures, signs or work performed,
including all sign, lot and structure dimensions.
i. A description of driveways, sidewalks and parking facilities, including a description �
of the type and quantity of surfacing materials.
j. A grading plan at two (2) foot contour intervals and a description of the change in I�i
grade as it relates to structure location, other lot improvements, adjacent properties, '
drainage control and proposed rate of stormwater runoff. I�,
,
Ordinance No. B-96
Page 36
k. A scaled landscape plan showing the location, size, quantity and type of landscape
materials to be used and an explanation of any existing vegetation that may be
disturbed, removed or replaced.
1. A description of the availability and access to required public utilities.
m. A description of the method waste treatment to be utilized and an analysis of the
wastewater flows generated from the development.
n. An erosion control plan which may be necessary to prevent erosion during �
construction or after project completion.
o. A description of lot lighting or extraordinary illumination projecting from a structure.
p. A description of the levels of noise, vibration, glare, smoke, odor, waste or other I
emissions generated and the methods employed to contain or control such emissions. �,
q. Other information pertinent to the particular application which in the opinion of the I��,
City or applicant may be necessary for review of the project. ��,
2. Exceptions: �
a. Where information is on file in the City Hall{i.e., information submitted and approved ',
in formal platting) some of the requirements may be waived at the discretion of the �!
Community Development Department. i
b. Additions to existing structures, centers or complexes, approved by the City, may be '
exempt from some of the requirements,depending on the level of information on file
and the relationship of the proposed addition. '
c. All other exceptions must be approved by the Commission according to procedures '
contained herein. '
12.4: 1VIINERAL EXTRACTION: '
A. Permit Required: It shall be unlawful for any person, fum or corporation to remove, store !,
or excavate rock, sand, gravel, clay, silt or other like material in the City, or to fill or raise ',
the existing surface grades, without receiving a permit for mineral extraction. Such permits '�
may only be issued in the zoning district when mineral extraction is listed as a permitted use
with special restrictions. Furthermore, mineral extraction shall not be allowed in that portion '
of Rosemount located west of Akron Avenue, so as not to interfere with the orderly growth !,
and expansion of public utilities. ',
S. Exceptions: An extraction permit shall not be required for any of the following: '
Ordinance No. B-96
Page 37
1. Excavation for a foundation, cellar or basement of a building if a building permit has
been issued.
2. Excavation by State, County or City authorities in connection with construction or
maintenance of roads, highways or utilities.
3. Curb cuts, utility hook-ups or street openings for which another permit has been issued
by the City.
4. Excavation less than one hundred (100) square feet in area or one (1) foot in depth.
� 5. Excavation or grading for agricultural purposes.
C. Application, Public Hearing, Notice and Procedure: The application, public hearing,
public notice and procedure requirements for mineral extraction permits shall be the same
as those for amendments as provided in Section 11.14 of this Ordinance, except that the
pern�it shall be issued on the affirmative vote of a majority of the entire Council. Application
for the extraction permit shall be made in writing in the form specified by the City. The
application shall contain the following information:
1. The correct legal description of the land upon which excavation is proposed.
2. The name and address of the applicant, the owner of the land and the person ar
corporation conducting the actual removal opera.tion.
3. The names and addresses of all adjacent land owners within three hundred fifty (350)
feet or, if the subject property is located in Agricultural (AG), Agricultural Preserve
(AP) or Rural Residential (RR) District, within one-fourth (1/4) mile.
4. The purpose of the proposed excavation.
5. The estimated time required to complete the proposed excavation and rehabilita:tion.
6. The names of the highways, streets or other public roadways within the City upon which
the material shall be transported.
D. Standards: The following standards shall apply to all extraction operations:
1. Boundary: Extraction operations shall be conducted within the confines of the
excavation site described in the application.
2. Access: Extraction operations shall only be allowed on sites which have direct access
to either a principal arterial, minor arterial, a collector street, or to a local street if
approved by the Public Works Department, as designated in the City of Rosemount
Comprehensive Guide Plan.
..
Ordinance No. B-96
Page 38
3. Prohibited Areas: Extraction operations shall not be conducted within the following:
a. Five (5) feet of the right of way or ea.sement of an existing public utility.
b. Thirty (30) feet of the boundary of an adjoining property wluch is not being used
for extra.ction operations.
c. Fifty (50) feet of the right of way of a publYc street or highway.
4. Phasing of Operations: Extraction operations to be conducted on a site larger than
fifteen (15) acres shall be subject to the following requirements:
a. A phasing plan must be prepared which limits operations to a maximum area of
fifteen (15) acres per phase of operations.
b. A mineral extraction permit for the first phase of an extraction operation shall be
limited to a maximum area of fifteen (15) acres. An extraction permit for phase two
(2) or subsequent phases of a mineral extraction operation shall not be issued until
at least seventy {70) percent of the previous phase of operations has been
rehabilita.ted according to an approved comprehensive rehabilitation plan.
c. No mineral extra.ction permit shall authorize extraction operations to be conducted
in more than two (2) phases of an extraction operation concurrently.
d. No mineral extraction permit shall authorize extra.ction to be conducted on more
than nineteen and one-half(19'/z) acres at one time.
5. Fencing: During excavation operations, access to any area where collections of water
are one and one-half(l lh) feet in depth or more or where excavation slopes are steeper
than one (1) foot vertical to one and one-half (1'h) feet horizontal and any other areas
where obvious danger to the public exists shall be controlled by a fence erected and
' maintained around the entire site or portions thereof and shall be a type specified by the
Council.
6. Appearance and Screening:
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be promptly removed frorn the excavation
site.
c. Within three(3)months after the termination of excavation operations or within three
(3) months after the expiration of the extraction permit provided by this Ordinance,
the applicant or owner shall dismantle buildings and structures incident to excavation
operations and shall grade the excavation site as well as complete all rehabilitation on
the site as provided by the rehabilitation plan.
_ _ _
Ordinance No. B-96
Page 39
d. When required, the perimeter of the excavation site shall be planted or otherwise
screened.
e. Existing tree and ground cover shall be preserved to the maximum e�ent feasible,
ma.intained or supplemented by selective cutting, transplanting and replanting of trees,
shrubs and other ground cover along all setbaek areas.
7. Excavation Operating Standards:
a. Noise: Maximum noise level at the perimeter of the excavation site shall comply with
the limits or standards established by the Minnesota Pollution Control Agency and the
United States Environmental Protection Agency.
b. Hours: All excavation operations shall be conducted between seven o'clock ('7:00)
A.M. and seven o'clock (7:00) P.M., Monday through Saturday only. The Council
may restrict excavation, processing or related operations on legal holidays if such
activities cause noise or other disturbances o#�ensive to adjacent property owners.
c, Explosives: The use and handling of explosives at the excavation site shall be
coordinated with the Police Department. Blasting shall occur only at hours specified
in the e�traction permit.
d. Fugitive Dust: Excavation operators shall use atl practical means to reduce the amount
of fugitive dust generated by excavation operations. In any event, the amount of dust
or other particulate matter generated by the excavation shall not exceed air pollution
standards established by the Minnesota Pollution Control Agency.
e. Water Pollution: Excavation operators shall comply with all applicable Minnesota
Pollution Control Agency and Department of Natural Resources regulations and all
applicable United States Environmental Protection Agency regulations for the
protection of water quality. No waste products or processed residue, including
untreated wash water, shall be deposited in any public waters of the State of
Minnesota.
f. Topsoil Preservation: All topsoil shall be retained at the excavation site until the
completion of rehabilitation work in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations: During the entire period of operations, all I',
excavations other than the working face, shall be sloped on all sides to a ma�mum
ratio of one (1) foot horizontal to one (1) foot vertical, unless a steeper slope is '
approved by the City. Where excavations are adjacent to a public roadway or other
right of way, the excavation shall have a maximum slope of four (4) feet horizontal to
one (1) foot vertical. Slopes adjacent to waterways shall not exceed six (6) feet
horizontal to one (1) foot verticaL
Ordinance No. B-96
Page 40
h. Equipment: All equipment and machinery shall be operated and maintained in such a
manner as to minimize dust, noise and vibration. Power drives or power-producing
machines shall not be housed or operated less than one thousand (1,000) feet from a
residential use. Access roads shall be maintained in dust-free condition by surfacing
or other treatment as may be specified by the City Engineer.
i. Processing: Crushing, washing and refining, or other similar processing may be
authorized by the Council as an accessory use, provided, however, that such accessory
processing shall not be in conflict with the use regulations of the district in which the
operation is located.
j. Council Waiver: The Council, at the time of issuance of the extraction permit, may ',
waive or modify any of the provisions in this Section or impose additional ',
requirements if it finds that the plan of operation or other materials submitted with the ',
application or other factors make appropriate more suitable measures for standards '
consistent with the public health, safety and welfare.
E. Special Requirements: The Council, as a prerequisite to the issuance of an extraction permit,
or after an extraction permit has been granted, may require the applicant or owner of the
premises to:
1. Reimburse the City for the cost of periodic inspections for the purpose of determining that
the provisions of the extraction permit and this Ordinance are being followed.
2. Submit to council a detailed map of the streets on which the material removed shall be
transported(haul roads). The City shall inspect the.haul roads proposed to be used by the
applicant or owner and shall recommend to the Council necessary upgrading or repairing
of the haul roads prior to their use by the applicant or owner. The Council shall designate
the haul roads and shall incorporate the recommendations of the responsible City officials
in the extraction pernut issued to the applicant. It shall be the responsibility of the applicant
or owner to rnaintain the haul roads in accordance with the provisions set forth in the
permit. City shall periodically inspect haul roads to insure compliance with the permit.
During the period of or upon completion of the excavation operations, the applicant or
owner sha11 make any necessary repairs to the haul roads as recommended by the City. All
costs of inspection provided for in this paragraph shall be borne by the applicant or owner.
• The use of the haul roads shall be further subject to any road and weight restrictions
imposed by the City.
3. Submit annually in writing to the Council the estimated quantity of minerals to be
excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the
original estimate herein required, the applicant or owner shall notify the Council of the
change in estimated quantity.
4. Comply with such other requirements as the Council shall from time to time deem proper
and necessary for the protection of its citizens and the �eneral welfare.
Ordinance No. B-96
Page 41
F. Inspections: The City may inspect all excavation sites where an extraction pernvt has been
issued. The operator or owner of any excavation operation found in violation of the
requirements of this Ordinance or its e�ctraction permit shall remedy such violations within the
time specified by written notice from the City.
G. Duration of Egtraction Permit: The excavation license shall run from January 1 through
December 31 of the same year or for a lesser period of time as the Council may specify at the
time of issuance of the e�raction permit. If the extraction permit is to run for less than a full
year, the fee shall be prorated as determined by the CounciL
H. Extraction Permit Fee: The applicant or owner of the premises on which the excavation
operation is located shall annually submit to the Council written estimates of:
1. The total area of the mineral e�raction operation (expressed in acres) to be actively mined
during the forthcoming year; and
2. The total area for which an extraction permit permitting mineral extraction aperations has
been granted(expressed in acres)which will not be actively mined in the forthcoming year.
3. The Council shall, by resolution, establish an annual per acre pernut fee.
I. Surety Bond: The Council shall require the applicant or owner of the premises on which the
excavation operation is located to post a surety bond with a surety acceptable to the City, cash I
escrow or letter of credit ("security") in an amount determined by the Council, running to the ��
City, conditioned to pay the City the e�raordinary costs and expense of repairing any streets
where such repair work is made necessary by the special burden resulting from hauling and '
travel, and removing material from any pit or excavation, and conducting required rehabilitation ''
and conditioned further to comply with a11 the requirements of this Ordinance and the particular '
extraction permit, and to pay any expense the City may incur by reason of doing anything '
required to be done by any applicant to whom a permit is issued. The security shall remain in
full force and effect for a minimum period of one year after expiration of the extraction permit
to guarantee the required rehabilitation as well as the other requirements herein provided.
12.5: RECYCLING OPERATIONS:
A. Permit Required: It shall be unlawful for any person, firm or corporation to establish or
expand, in any way, a recycling operation without first receiving a permit from the City. Such
permit may only be issued in a zoning district where such use is listed as a permitted use.
B. Permit Application Requirements: Application for a permit shall be made in writing in the
form specified by the City and shall contain the following information:
1. The correct legal description of the land.
2. The name and address of the applicant and the owner of the land if different from the
applicant.
Ordinance No. B-96
Page 42 '
3. Maps, photographs and surveys illustrating the relationship of the site to the community '
and surrounding properties and existing site conditions including vegetation, surface waters
and topography. '
4. A description of the operation as regards the sales of parts and the use of cutting, �I
compressing and packaging equipment. '
5. A site plan, to scale, showing the location and intended use of all structures, storaae areas,
driveways, parkin� and equipment.
C. Development and Operating Standards:
1. The site shall be a minimum of five (5) acres in size.
2. A solid wall or opaque fence at least eight(8)feet in height shall be provided around the
entire perimeter of the site to screen said site from public streets and surrounding property.
Such fence shall be of sound construction and shall be properly maintained.
3. All activities shall be confined within the fenced-in area. There shall be no stacking of
material above the height of the fence or wall except that equipment used on the site may
exceed the wall or fence height. No equipment, material, signs or lighting shall be used or
stored outside the fenced area. There shall be no storage of materials within semi-trailer
units or other vehicles which would extend above the height of the fence.
4. All equipment used in industrial processes, including that used for cutting, compressing or
packaging, shall be within a completely enclosed building.
5. The fenced area shall be set back at least two hundred (200) feet from any street and the
area within front or street side yards shall be planted with trees, grass and shrubs in
accordance with Section 7.3.
6. Whenever the operation abuts an "R" District, a transition strip af at least two hundred
(200) feet in width shall be provided between the fenced area and the "R" District
boundary. Said transition strip shall be landscaped as prescribed in subsection CS above.
7. The fenced area shall be set back at least thirty(30)feet from any non-residential district.
D. Additional Requirements: The City may attach such additional conditions as may be required
to insure compliance with this Ordinance.
12.6: PLANNED UNIT DEVELOPMENTS (PUD):
A. Purpose: The Planned Unit Development (PUD) procedure is applicable to all uses and
districts and is optional except where specifically re�uired by this Ordinance. Its purpose is to
allow variation from ordinance provisions in order to:
Ordinance No. B-96
Page 43
' 1. Encourage more creative design in the development of land.
2. Promote variety in the physical development pattern of the City.
3. Create larger expanses of usable open space and preserve unique natural features.
4. Preserve and provide a more desirable environment than would be possible under strict
ordinance requirements.
5. Pernut variations in traditional lot layouts when high standards of design are implemented
and necessary services can be provided.
6. Establish a confidence between the developer,the City and the residents of Rosemount that
is impossible with traditional zoning procedures.
7. Subdivision procedures required in the Subdivision Ordinance shall be incorporated with
the requirements and review of a PUD. This provision is not intended a.s a waiver of
information to be submitted; rather, the information submitted should be in a form
satisfactory to meet preliminary and final platting requirements.
B. Required Conditions: In no case shall a PUD be construed to permit a variation in sanitary
sewer, group usable open space, maximum lot coverage, screening, landscaping, performance
standards or uses otherwise not permitted in a zone.
C. Procedure:
1. Initiat Review: Applicant shall schedule an initial meeting with staff to discuss the
proposed PUD and re�iew PUD requirements.
2. Concept Plan and Supportive Information: The applicant shall submit twenty (20)
copies of the following information:
a. Property description and acreage, identification of owner/developer.
b. Existing conditions, metro relationships, surrounding property ownership, relationship
to Comprehensive Plan, existing land use, transportation, zoning, utilities, etc.
c. Natural features, water, topography, soils, veDetation, etc. and their implications, if
any, for development.
d: Concept Plan showing land use areas, land use intensities, acreages, I,
numbers/types/density of units, traffic circulation and parking, open space, recreation '
areas, development staging,utility provisions, pedestrian walkways, and overall design �I
objectives. '
Ordinance No. B-96
Page 44
e. Written information describing proposed land use and land use objectives, the type and ',
character of buildings, methods of providing utilities, etc. ',
3. Concept Review: Upon receipt of a complete application, including supportin�
information, the Community Development Department designee shall set a date for a public
hearing for formal review of the PUD. The applicant shall make a presentation of a
proposed PUD at a public hearing before the Commissian. The Commission shall
recommend approval, revision, reapplication or denial of the Concept Plan to the Council.
4. Findings: In approving the Concept Plan, the Commission must find as follows and
forward its findings to the Council.
a. The Plan provides sufficient usable open space and evidences a substantial
preservation of natural features to warrant the granting of variances through Planned
Unit Development.
b. The Plan complies with the intent of the Comprehensive Plan.
c. The proposed development will not be detrimental to surrounding properties.
d. The Plan is more creative and will provide a better living, working, or shopping
environment than is possible under strict ordinance requirements.
5. Development Plan Review: The applicant shall, prepare a Development Plan for the
proposed development based upon the approved Concept Plan and shall prepare graphic
and written material as follows (20 copies):
a. Legal descriptions of all parcels to be rezoned.
b. Zoning classifications requested.
c. Detailed site plan showing all dimensions, structures, parking and streets, utilities,
common open spaces and grading.
d. Covenants and restrictions, if any, applying to each tract and to open spaces and
including the responsibility for the maintenance and operation of cotnmon areas and
facilities.
e. Density and gross building computations.
f. Preliminary architectural drawings for each different building type, except single-
family dwellings, showing building elevations, schematic floor plans, unit relationships,
activity areas, building materials, etc. .
Ordinance No. B-96
Page 45
g. Landscape plan and schedule showing types, quantity, sizes and location of plant
materials.
h. Construction-occupancy schedule.
i. A description of the nature and character of nonresidential developments including a
description o£waste emissions, activities conducted on thepremises, etc.
j. Preliminary platting requirements if a land subdivision is involved.
6. Formal Application - Rezoning: Applicant shall file a rezoning petition, if required, pay
fees and submit Development Plan graphic information for review by the staff and
Commission.
7. Review: Commission and staff shall review the Development Plan to determine if it
conforrns with the Comprehensive Plan and the approved Concept Plan and shall
recommend approval, revision or reapplication, or denial of the Development Plan and
rezoning.
8. Public Hearing- Development Plan/Rezoning: Applicant shall make a presentation of
the Development Plan/Rezonings at a public hearing conducted by the Commission. The
Council shall consider the recommendation of the Commission and testimony from the
public hearing and either approve or deny the plan. If the plan is approved,the City and the
applicant will enter into a Development Agreement prepared by the City.
9. Amendments: Requested changes in the Development Plan after approval has been I
granted will require submission of an amended plan document, a revised plat (if applicable), I
an amended Development Agreement, and a review process incorporating the public '
hearing requirements, unless the changes are minor, as defined below:
a. Change in housing mix less than or equal to twa (2) percent of the total units in the
development with no increase in housina density.
b: Change in building locations that do not materially impact the approved plan or that
affect approved setbacks. �
c. Change in street or parking configurations in order to address minor requirements to
improve circulation.
d. Other minor modifications as determined by the City.
12.7: CONDITIONAL USE PERMITS (CUP):
A. Purpose: The purpose of conditional use permits is to allow for those uses which are not
generally suitable within the zoning district, but which under some circumstances may be
Ordinance No. B-96
Page 46
suitable. The applicant for a CUP shall have the burden of proof that the use is suitable and that
the standards set forth in this subdivision have been met.
B. Application,Pubiic Hearing,Notice and Procedure: The application, public hearing, notice
and procedure requirements for CUPs shall be the same as those for amendments to the Zoning
Ordinance, except that the conditional use permit shall be issued on the affirmative vote of a
majority af the entire Council. Specific submissions required to complete an application for a
CUP shall address all standards applicable to the proposed use. The applicant shall provide
information as required in the site plan review. ,
C. Standards: The Commission shall recommend a CUP and the Council rnay issue such CUP if
it finds that such use at the proposed location: �
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the ;
neighborhood or the city. ',
2. Will be harmonious with the objectives of the Comprehensive Plan and city code
provisions. ',
3. Will be designed, constructed, operated and maintained so as to be compatible or similar I
in an architectural and landscape appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area, nor substantially
diminish or impair property values within the neighborhood.
4. Will be served adequately by e�sting (or those proposed in the project) essential public
facilities and services, including streets, police and fire protection, drainage, structures,
refuse disposal, water and sewer systems and schools.
5. Will not involve uses, activities, processes,material equipment and conditions of operation
that will be hazardous or detrimental to any persons, property, or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction,loss or damage of a natural, scenic, or historic feature of
major importance and will comply with all local, state, and federal environmental quality
standards.
8. These standards apply in addition to specific conditions as may be applied throughout this
code.
D. Conditions: In reviewing applications for CtTPs, the Commission and the Council may attach
whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts
associated with these uses, to protect the value of other property within the district, and to
achieve the goals and objectives of the Comprehensive Plan and City Code provisions. Such
conditions may include, but are not limited to, the following:
1. Controlling the number, area, bulk, height, density, intensity, and location of such uses.
2. Regulating ingress and egress to the property and the proposed structures thereon with
particular reference to vehicle and pedestrian safety and convenience, traf�ic flow and
control, and access in case of fire or other catastrophe,
3. Regulating off-street parking and loading areas where required.
4. Specifying utilities with reference to location availability and compatibility.
.
Ordinance No. B-96
Page 47
5. Requiring bernung, fencing, screening, landscaping or other facilities to protect nearby
property.
6. Ensuring compatibility of appearance.
In determining such conditions, special consideration shall be given to protecting immediately '
adjacent properties from objectionable views, noise, tra�c and other negative characteristics
associated with such uses.
E. Revocation: Failure to comply with any condition set forth in a CUP, or any other violation of ''
City Code provisions, shall also constitute sufficient cause for the termination of the CUP by '
the Council following a public hearing. ,
F. Expiration: In any case where a conditional use has not been established within one (1) year ',
of the date on which the CUP was ganted, the permit shall be null and void. If the conditional ',
use is discontinued for six(6) months, the CUP shall be null and void. ,
G. Permittee: A CUP shall be issued for a particular use and not for a particular person. '
12.8: INTERIM USE PERMITS (IUP):
A. Application,Public Hearing,Notice and Procedure: The application, public hearing, public I'I
notice and procedure requirements for interim use permits shall be the same as those for ',
amendments as provided in Section 16 of this Ordinance, except that the permit shall be issued ',
on the a�irmative vote of a majority of the entire Council. Specific submissions required to '
complete an application for an interim use permit shall be specified for each type of interim use '
allowed. ,
B. Termination: An IUP shall terminate on the happening of any of the following events, '
whichever first occurs:
1. The date stated in the permit.
2. Upon violation of the condition under which the permit was issued.
3. Upon change in the City's zoning regulation which renders the use nonconforming, '
C. Standards:
1. The interim use must be allowed in the zoning district where the property is located.
2. The interim use must meet ar exceed the performance standards set forth in this Ordinance
and other applicable City ordinances. '
Ordinance No. B-96 .
Page 48
3. The interim use must comply with the specific standards for he use identified in this
Ordinance, and must comply with all conditions of approval which shall be included in an
ILJP agreement.
D. Conditions: The City may attach condition to approval of a permit to mitigate anticipated
adverse impacts associated with the use, to ensure compliance with the standards of approval,
to protect the value of other property, and to achieve the goals and objectives of the
Comprehensive Plan.
E. Findings for Interim Use Permits:
1. The extent, location, and intensity of the use will be substantial cornpliance with the
Comprehensive Plan.
2. The use will provide adequate ingress and egress to minimize traffic congestion in the
public streets.
3. The use will not be detrimental to the e�sting character of the development in the
immediate neighborhood or endanger the public health, safety, and general welfare.
4. The use will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
5. The use shall, in all other respects, conform to the applicable regulations of the district in
which it is located.
F. Modification of Standards or Conditions: The Council, after public hearing, may modify
standards or conditions required for the ICTP, when strict application of such standards or
conditions would unreasonably limit or prevent otherwise lawful use of a property or an existing
structure and would result in exceptional undue hardship to the owner of such property or
structure; provided, that such modification will not impair the intent and purpose of such
standards or conditions and is consistent with reasonable enjoyment of adjacent property. (Ord.
B-32, 9-21-93)
12.9: FLOOD PLAIN DISTRICT CONDITIONAL USES:
A. Application: The Commission shall hear and decide applications for conditional uses
permissible under Section 6.18, Flood Plain District. Applications shall be submitted to the
Planning Department and forwarded to the Commission for consideration. The applicant shall
furnish the following information as deemed necessary by the Community Development
Department for determining the suitability of the particular site for the proposed use:
1. Plans in triplicate drawn to scale prepared by a registered engineer showing the nature,
location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage
of materials, floodproofing measures, and the relationship of the above to the location of
Ordinance No. B-96
Page 49
the stream channel and meeting all other requirements of Section 11.4.B. Site Plan
Contents, of this Ordinance.
2. Specifications for building construction and materials, floodproofing, filling, dredging,
grading, channel improvement, storage of materials, water supply, and sanitary facilities.
The City Engineer or designee shall evaluate the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, the adequacy of the
plans for protection, and other technical matters. Based upon the technical evaluation, the
Commission shall determine the specified flood hazard at the site and evaluate the
suitability of the proposed use in relation to the flood hazard.
B. Factors and Conditions: In reviewing conditional use applications, the Commission shall
consider all relevant factors specified in other sections of this Ordinance and:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
2. The danger that materials may be swept onto other lands or downstrearn to the injury of
others or they may block bridges, culverts, or other hydraulic structures.
3. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
�
4. The susceptibility of the proposed facility and its contents to flood damage and the effect !
of such damage on the individual owner. '�
5. The importance of the services provided by the proposed facility to the community. '
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and developrnent
anticipated in the foreseeable future. .
9. The relationship of the proposed use to the Comprehensive Plan and flood plain
management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
12. Such other factors which are relevant to the purposes of this Ordinance. '
Ordinance No. B-96
Page 50
C. Public Hearings: Within sixty(60)days from the date of application for conditional use permit, j
the CommunityDevelopemnt Department shall submit the application to the Commission. The 'i
Commission shall set a time for public hearing and give the applicant at least ten (10) days ',
written notice thereof. Notice of the hearing shall be published at least ten (10) days prior to the
hearing and notice shall be mailed to each property owner within one-fourth ('/a) mile of the
affected property.
D. Decisions: The Commission shall render its written decision on a conditional use permit within
thirty (30) days following the public hearing. In granting a conditional use permit the
Commission may prescribe appropriate conditions and safeguards which are in conformity with
the purposes of this Section. The conditional use permit must be title registered with the
property in the office of the County Recorder.
E. Subject to Appeal: All decisions by the Commission granting or denying a conditional use
permit shall be final subject to appeal to the Council as outlined in Section 12.3 of this
Ordinance.
F. Notify Commissioner of Natural Resources: A copy of the application for the proposed
conditional uses shall be submitted to the Commissioner of Natural Resources sufficiently in
advance so that the Commissioner will receive at least ten (10) days notice of the hearing. A
copy of all decisions granting conditional use permits shall be forwarded to the Commissioner
ofNatural Resources within ten{10) days of such action.
G. Conditions Imposed: The Commission may attach such conditions to the granting of
conditional use permits deemed necessary to fulfill the purposes of this Ordinance. Such
conditions may include, but are not limited to the following:
1. Modification of waste treatment and water supply facilities:
2. Limitations on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
5. Floodproofing measures, in accordance with the State Building Code and this Ordinance.
The applicant shall submit a plan or document certified by a registered professional
engineer ar architect that the floodproofin�measures are consistent with the Regulatory
Flood Protection Elevation and associated flood factors for the particular area.
H. Violation of Conditional Use Permit: Violations of conditions and safeguards, when made a
part of the terms under which the conditional use permit is granted, shall be deemed a violation
of this Ordinance punishable under Section 14.2 of this Ordinance.
12.10: CEMETERIES:
Ordinance No. B-96
Page 51
A. Application,Public Hearing,Notice, and Procedure: The application, public hearing, public
notice, and procedure requirements for cemeteries shall be the same as for Planned Unit
Development(PUD)as provided in Section 11.9 of this Ordinance. At the time of plat approval,
a security in the form of a performance bond, letter of credit or other such form as deemed
necessary to secure the landscape improvements and perpetual maintenance for the platted
portion of the cemetery will be required.
1. All cemeteries must be platted so that each gravesite will have a lot and block number.
2. Cemeteries must have a minimum acreage size of five acres.
3. All gravesites must be setback a minimum of fifty (50) feet from any cemetery property
boundary.
4. All gravesites must be setback a minimum of one hundred fifty(150}feet from any portable
water well. .
5. No gravesite shall be located in a flood hazard area within a 500-year flood event
boundary.
6. Any cemetery not completely enclosed by a secured fence after closing, nor staffed by on-
site personnel during daylight hours shall be developed as a memorial park with no above
ground gravesite markers.
7. All cemeteries must have planting strips or bufferyards adjacent to residential districts or
uses, public uses and public rights-of-way. In the absence of a planting strip along a
property line,boulevard trees are required to be planted at fifty foot intervals. The interior
of the cemetery must have a minimum of one tree per five thousand square feet to break
up the large expanse of turf area.
8. All gravesites must be within two hundred (200) feet of interior access drives, if the
cemetery is to be open to public access. All interior driveways must be paved in accordance
with standards specified in Section 7 of the Zoning Ordinance.
9. All gravesites must have minimum direct frontage tp a six (6) foot wide land containing no
gravesites to provide access to gravesites for equipment.
10. All burials must utilize a concrete vault to avoid risk of cave-ins, buried to a minimum �
depth of six (6) feet so that no portion of the grave is above the frost line during winter
months.
1 l. Cemeteries must have direct access to a collector or arterial street.
12. All cemetery development will require site plan review approval and will be subject to the
conditions for grading permits as specified in Section 11.6 of the Zoning Ordinance. In
Ordinance No. B-96
Page 52
additioq soil borings will be required to deternune the depth of the water table and the soil
structure appropriateness for burials.
13. All gravesites shall be setback a minimum of one hundred (100) feet from any wetland.
12.11: AMENDMENTS:
A. PURPOSE: The purpose of this Section is to allow for additions or revisions to the provisions
of this Ordinance and changes in zoning district boundaries.
B. PROCEDURES:
1. Initiation: An amendment to this Ordinance may be initiated by the Council, Commission
or by petition of a landowner.
2. Application: Applications provided by the City shall be completed in writing prior to any
consideration for an amendment to this Ordinance. Zoning amendment fees are established
by resolution of the Council. Applications shall not be formally accepted until all supportive '
or supplementary information has been furnished by the applicant. ;
3. Commission Recommendation: An amendment not initiated by the Commission shall be
referred to the Commission for study and report and may not be acted upon by the Council
until it has received the recommendation of the Commission on the proposed amendment
or until sixty(60)days have elapsed from the date of reference of the amendment without
a report by the Commission. .
4. Public Hearing: No amendment to this Ordinance shall be considered until a public
hearing has been held by the Commission. A notice of the time, place and purpose of the
hearing shall be published in the City's official newspaper, at least ten (10) days prior to
the hearing. Amendments affecting changes in zoning districts shall require mailed notice
to each property owner within three hundred fifty (350) feet of the affected property
owner. However, zoning changes in the Agriculture, Agriculture Preserves and Rural
Residential Districts shall require mailed notice to each property owner within one-fourth
('/a)miles of the affected property. The City shall use its available records to determine the
names and addresses of property owners. Failure to give notice to individual property
owners or defects in the notice shall not invalidate the proceedings, provided a bona fide
attempt was made to comply with these provisions.
5. Council Action: Amendments to this Ordinance require a two-thirds (2/3) vote of the
Council.
6. Reapplication: No application for the same or substantially the same amendment shall be
made within six (6) months of the date of deniaL
,
Ordinance No. B-96
Page 53
7. Generally: Notice requirement and procedures set forth in this Section in excess of those
required by State law are directory. Failure to comply with such procedures will not
invalidate the proceedings.
SECTION 7. This ordinance shall be effective immediately upon its passage and publication
according to law.
ENACTED AND ORDAINED into an Ordinance this 2nd day of December, 199'7.
CITY OF ROSEMOUNT
ATTEST: Cathy Busho, Mayor
Susan M Walsh, City Clerk
I
Published in the Rosemount Town Pages this day of � , 1997.