HomeMy WebLinkAbout2.e. Zoning, �
�_
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE DATE: December 15, 1997
AGENDA ITEM: Zoning Ordinance Amendments AGENDA NO.
DISCUSSION
PREPARED BY: Dan Rogness, Community Development Dir.; �TE� # 2 �
Rick Pearson, City Planner
ATTACHMENTS: District Changes AG-R4(Section 6);Use
Standards - Housing(Section 4 - General
Provisions) &Conditional Uses (Section 12 -
Administration&Enforcement); Definition
Changes(Section 3)
The proposed revisions to the zoning ordinance are comprehensive to the point of a major overhaul in both
content and format. The latest version of Section 6 which now combines disfirict uses and dimensional
standards is attached with"margin notes"to explain the origin of the standards. The primary objectives are as
follows:
l. To enhance standards with particular emphasis on housing issues. The townhouse section(4.17) is
almost entirely new, having used the Inver Grove Heights Ordinance as a model.
2. To make the ordinance"user friendly". The format has been revised to include zoning district
dimensions with the district uses,thus reducing some of the cross-referencing needed for commonly
asked questions. A fringe benefit of this process is to reduce dependance on two separate tables that
have been growing in size and complexity(to say nothing of footnotes), Consolidation of the ordinance
is also ongoing. For example, adoption of Chapter Nine in the City Code eliminated the need for the
zoning ordinance to have a section concerning grading permits. Therefore,most of Section 12
excluding the conditional use permit portion has not changed, other than to have new numbers for the
various sections.
3. To create a conditional use permit(CUP)process. This wilZ result in a reduction of the use of planned
unit developments (PUDs), and create additional flexibility within existing zoning districts. A fringe
benefit to the increased flexibility is to remove the Met Council from minor issues that previously
required rezonings not supported by the Comprehensive Guide Plan.
PUDs have been used for many projects when a CUP would have been more appropriate. The findings ',
required for PUDs are structured for"rewarding creativity"and set up to allow trade-offs and variances
as a result. But PUDs are the required procedure for any commercial or industrial project that involves
multiple uses,buildings or parcels even though no creativity is apparent and the project only meets
minimum standards. The CUP findings are essentially based upon health, safety and welfare, and give
the City more"tools"to mitigate negative influences. Another advantage for CUPs is that the findings
are more easily applied to projects when findings fvr denial are necessary. An important point to make
is that the City still defines what is a conditional use in a particular zoning district through the zoning
ordinance. This should eliminate a perception that CUPs may create an avenue for undesirable uses to
be forced upon the City in an inappropriate manner.
� t. 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, includin� accessory and related uses.
2. Commerciat 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
residential property lines.
4. Essential Service Facilities.
� �����G�� 5. Keeping of Horses, provided:
�
�� ��S a. The site shall not be less than five(5) acres m 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.
�y� 6. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
7. Single-Family Detached Dwellings, subject to Section 4.15 of this Ordinance.
V�Tf n,l��Y G�«t 1 C 5 !
� C. ,�Accessory Uses:
���`' �'°�
(�Q� a y�,� l. Agriculturai Product Stands.
���,� � L��
�,'� h,���`` �"� 2. Gnzebos and Screened Porches.
1� � .
,(,o�,'�'� 3. Home Occupations, subject to Section 4.16 of this Ordinance.
���
4. Private Detached Garages.
5. Private Outdoor Recreation, customarily associated with a residence. Swimmin�
pools shall be subject to Section 5-3-1 of the Rosemount City Cvde.
6. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
r
7. Roomers, a maximum of two (2) per dwelling unit. s
8. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. ,� Conditionat Uses:
��V
�;�,Q l. AM Radio Antennas and Supporting Towers and related accessory structures.
This use may be permitted only on properties situated in that part of the City north
and east of State Trunk Highway 55.
iUP 2. Commercial Outdoor Recreation.
��� 3. Goif Courses, includina accessory and related uses. i
���,�'��,,� 4. Kennels, provided:
���� ��N
�,�( � 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.
����� 5. Mineral Extraction, provided the site is east of State Trunk Hi�hway 52 on
����� properties situated within one-half ('h) mile of County State Aid Hi�hway 42.
�
6. Transmission Facilities �reater than one-fourth('/4) mile in length.
E. Uses Permitted by PUD:
1. None.
F. Minimum Lot Requirements and Setbacks (See Supplemental Yard Re�ulations):
1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 acres
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
3. Minimum Front Yard Setback:
� a. Principal Structure: . . . . . . . . . . . . . . . . . . . . 50 feet
� . . . . . . . . . . . . . . . . .
ob. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
h
�� ,`� c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
� 4. Nlinimum Side Yard Setb:tck:
�
p a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
,
�� . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c. Surface Parking, includin� driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . S feet
5. Minimum Rear Yard Setback:
� a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
�
�` b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
; 2
F c. Surface Parking, excludin�driveways: . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
�
6. Maximum Gross Density: . . . . . . . . . . . . . . . . ., . . . . . . . . 1 dwelling unit/10 acres
�
p� 7. Maximum Building Height:
u.
� a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
0
� 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 camply
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 florses, provided:
z
�
� a. The site shall not be less than five (5) acres in size.
en .
� b. AlT structures shall be located a minimum of seventy-five (75) feet from all
,� residential property lines.
�
cn c. The maximum number of horses shall not exceed one per two (2) acres.
5. Public Parks, owned and operated by a bovernmental unit, including recreational I
facilities and structures consistent with the public area.
6. Single-Family Detached Dwellings, subject to Section 6.1.B.7. of this Ordinance.
C. Accessory Uses:
l. Agricultural Product Stnnds.
. !
� I 2. Gazebos and Screened Porches. _
� 3. Home Occupations, subject to Section 4.16 of this Ordinance.
`9
? 4. Private Detached Garages.
�
� 5. Private Outdoor Recreation, customarily associated with a residence. Swimmin;
�
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.
Q � •
� 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. 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):
' 1. 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
�
��+s b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
� c. SurFace Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
u.
Q 5. Minimum Rear Yard Setback:
W
� a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
,.
�• 6. Maximum Gross Density: . . . . . . . . . . . . . . . . . . . . . . . . . 1 dwelling unit/40 acres
._ •
� r- 7. Maximum Building Height:
� T
� y a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
Y�
� . . . . . . . . . . . . . . . . . . . . . 75 feet
_ ,�n b. Accessory Structure: . . . . . . . . . . . . . . . . .
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 a�ricultural
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.
��p 3. Keeping of Horses, provided:
0
P�'i����5 a. The site shall not be less than five (5) acres in size.
n
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.
��,,v� 4. Pubiic Parks, owned and operated by a governmental unit, includin� recreatianal
structures and facilities.
5. Single-Family Detached Dwellings, subject to Section 6.1.B.7. of this Ordinance.
C. Accessory Uses:
Q ! 1. Gazebos and Screened Porches.
�
a
9 2. Home Occupations, subject to Section 4.16 of this Ordinance.
7 � �
'� ti =' 3. Private Detiched Garages.
� `� Z
v� � � 4. Privlte Outdoor Recreation, customarily associated with a residence. Swimmin�
� �� pools subject to Section 5-3-1 of the Rosemount City Code.
Q � J
u� � S '
N � � 5. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
_ _
. �
. r— 6. Roomers, a maximum of two (2)per dwelling unit. - '�
y �
F�
�, 7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
fo��,-�,+'���. 1. Commercial Greenhouses and Landscape Nurseries.
��`^� 2. Golf Courses, including accessory and related uses.
N� 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 ofanimals or dog runs shall be permitted.
4. Transmission Facilities areater 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. Nlinimum Lot Area:
a. Platted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 acres
b. Unplatted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 acres
2. Minimum Lot Width:
a. Platted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 feet
(`� b. Unplatted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
Z 3. Nlinimum Front Yard Setback:
0
1�=�
� a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet
� b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet
�
ll' c. Surface Parking, excluding driveways: . . . . . . . . . . . 40 feet
u� . . . . . . . . . .
� 4. Minimum Side Yard Setback:
�
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
�,
,• � c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
5. 1Vlinimum Rear Yard Setback:
`
I� a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
x
� b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
r
� . . . . . . . . . . . . . . . . 5feet
� c. Surface Parking, excludin;driveways: . . . . . . . . .
�� 6. Maximum Gross�Density:
. . . . . . . . . . . . . . . . . . . . . . . . . . 1 dwellin�unit/5 acres
� 7. Maximum Building Height:
5
� 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 minimizin� ne�ative
environmental impacts on areas with greatest physical amenities (rolling topography, forest,
wildlife habitat, water bodies). Single-Family Detached Dwellin�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. The
lower m�imum density of one dwelling unit per acre will result in preservation of natural
amenities within the context of providing urban services.
B. Permitted Uses:
1. 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, servin� six(6) or fewer
persons. �
�y�u-I 4. Public P1rks, owned and operated by a governmental unit, includin� recreational facilities
and structures consistent with the pub(ic area.
5. Single-Family Detached Dweltings, provided:
��V� a. Main roofs shall have a minimum pitch of 5:12 per definition of the applicable buildin�
code.
r1(� b. All single-family dwellings are subject to Section 4.15 of this Ordinance.
��-1 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 '
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 maximum of two (2)per dwelling unit. •
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
,,ft�� D. Conditional Uses:
�,��v�
1. Golf Courses, includin� accessory and related uses.
2. Transmission Facilities �reater than one-fourth ('/4) mile in len�h.
��j�f-� E. Uses Permitted by PUD:
l. Single-Flmily Detached Dwelling Cluster Developments with a net density up to 2.5
du/acre in concentrations of residential units intended to minimize irnpact on ponds, lakes,
wetlands, woodlands, flood plains, sianificant 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
includina 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):
1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20,000 square feet
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 feet
3. Minimum Lot Depth: . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1S0 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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 S 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, excludina driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
�� 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 DENSIT'Y RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a low density residential district that is intended to accommodate
newer single-family detached housin� 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:
1. 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 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.
�,1,� 4. Public Parks, owned and operated by a governmental unit, includin� 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 buildin�
code.
��(�'_ b. All single-family dwellings are subject to Section 4.15 of this Ordinance.
• � C. Accessory Uses: �
1. Cemeteries, accessory to Churches and Places of Worship.
2. Gazebos and 5creened 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�-1 of the Rosemount City Code. 'I
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 Soiar Collectors, subject to Section 4.12 of this Ordinance,
D. Conditional Uses:
� �, 1. Child Day Care, Montessori Schools, and Nurseries, within churches, places of
J � J worship, and elementary and secondary educational institutions.
� �t �
o�� 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,
� z minor arterial or principal arterial street.
► � `
� � s 3. Elementary and Secondary Educ�tional Institutions and Facilities.
� �" .
Z � ,~n 4. Transmission Facilities greater than one-fourth ('/4) mile in length.
� z
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 Re�ulations):
1. Minimum Lot Area:
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000 square feet
b. Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,000 square feet
2. Minitnum Lot Width:
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . : . . . . . . . . . . . . . . . . . 80 feet
b. CornerLots . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95feet
3. Nlinimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 feet
• 4. Minimum Front Yard Setback:
a. Principal Structure, including garage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
� b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Estab(ished Principal and Accessory Structures: Where forty(40) percent or more of
the lots on any block are developed with buildings, if xhe 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.
5. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. SurFace Parkin�, includin� 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) lar�er than 120 squaxe feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excludinj driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
��i" 7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . 3 dwelling units/acre
8. Magimum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
8. Mlximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
6.6 R-lA LOW DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a low density residential district that is intended to preserve the
character of existing single-family neighborhoods platted on or before 1979 within the
Metropo(itan 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 switchina 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, subject to Sectiori 6.S.B.S. of this Ordinance.
�� C. Accessory Uses:
� l. Gazebos and Screened Porches.
2. Home Oecupations, subject to Section 4.16 of this Ordinance.
3. Private Detached Gnrages.
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. Recreational 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.
o �'
�` 2. Churches and Places of Worship re�ardless of relijious a�liation. Churches and Places
� � � of Worship must have direct access to or be within three hundred (300') feet of a
o- C � collector, minor arterial or principal arterial street.
, z
�
3 � 1=� 3. Elementary and Secondary Educ�tianal Institutions and Facilities.
Z �
� 4. Transmission Facilities greater than one-fourth (Y4) mile in len�th.
E. Uses Permitted by PUD:
1. Single-Family Detached Dwetling Ctuster Developments. All deve(opments includina
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:
l. Minimum Lot Area (see Supplemental Yard Re�ulations):
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
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 feet
4. Minimum Front Yard-Setback:
a. New Principal Structure, including�arage: . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. 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 avera�e front yard is less than the required frant yard, the
average or twenty (20)feet, whichever is greater, shall be the minimum required front
yard.
5. Minimum Side Yard Setback:
a. Principal Structure, including gara;e:
(1) Single Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
(2) Two Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
c. Surface Parkina, 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) laraer than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . l0 feet
�� 7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 dwellin� units/acre
�
8. Nlaximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 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 Senrice 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: •
1. 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
comply with the requirements for customary home occupations in Section 4.16 of this
Ordinance.
3. Residential Facilities, lieenced by the State of Minnesota,serving six (6) or fewer persons.
4. Public Parks, owned and operated by a jovernment unit, includina recreational facilities and
structures consistent with the public area. '
5. Single-Family Attached Dwellings, subject to Section 4.17, Townhome Requirements, of
this Ordinance.
6. Single-Family Detached Dwellings, subject to Section 6.5.B.5., Single-Family Detached
Dwellings, of this Ordinance.
7. Two-Family Dwellings. '
�F��� C. Accessory Uses:
�
1. Cemeteries accessory to Churches and Places of Worship.
2. Glzebos and Screened Porches.
3. Home Occupatians, 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 (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, :tnd 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, minor
arterial or principal arterial street.
3. Community PlayfieldslAthletic Complexes, 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.
�l
�
6. Transmission Facilities greater than one-fourth('/4) mile in length.
E. Uses Permitted by PUD:
� l. Manufactured Home Parks, subject to Section 4.18 of tlus Ordinance.
2. Single-Family Detached Dwelling Cluster Developments.
3. Mixed Use Developments.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Re�ulations):
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. Sinale and Two-Family: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 feet
b. Multiple-Family, includin� 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 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 he the minimum required front yard.
5. Minimum Side Yard Setback:
a. Principal Structure:
(1) Single-Family and Two-Family: . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . 1Q feet
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Paxking.
(1) Single and Two-Family, including driveways: . . . . . . . . . . . . . . . . . . . . . . . 5 feet
(2) Multiple-Family, includin�Townhomes: . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure:
(1) Single and Two-Family:
(a) 120 square feet or less: . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . 5 feet
(b) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
(2) Multiple-Family, includin�Townhornes: . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking:
(1) Single and Two-Family, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . 5 feet
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . b dwelling units!acre
S. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 18 feet
9. I+vvlaximum Lot Coverage:
a. Two family dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
�.t� — Single family detached dwellin�s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40%
b. Single family attached dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70°/a
6.8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a medium to high density residential district which is intended to 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 shoppin� and
recreational facilities are available within ciose 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 switchin� 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 Dovernmental 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:
0
�Q�� 1. Cemeteries, accessory to Churches and Places of Worship.
2. G�zebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance. '!
4. Private Outdoor Recreation, customarily associated with a multiple-family devetopment,
provided:
a. They are no nearer the front (ot 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.
6. Roomers, at a maximum of two (2) per dwelling unit.
D. Conditional Uses:
1. Child Day Care, lVlontessori Schools, and Nurseries, within churches, places af 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 Playfields/Athletic Complexes owned and operated by a government unit,
including recreational facilities and structures.
4. Elementary and Secondary Educational Institutions and F�cilities.
�� 5. Recreational Vehicle Storage accessory to the multiple-family development, provided all
storage shall be within a building or a central storage area, or be subject to the followin�
requirements:
a. Outdoor storaje shall not be within a required yard;
b. If not stored within a building, 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. Traasmission Facilities greater than one-fourth ('/4) mile in lenD h.
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 Re�ulations):
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: . . . . . . . . . . . . . . . . . : . . . . . . . . . . , . . 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 avera'e 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. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
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 Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75%
10. GUOS/IJnit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 square feet
6.9 R-4 HIGH DENSIT'Y 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 housina. It is the
intent of this Ordinance that this District be within or adjacent to the Rosemount CBD to provide
for the maximum convenience 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.
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 Dovemment unit, including recreational facilities and
structures. .
�� Q� 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: I
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.
D. Conditional Uses:
1. Child D�y 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. Communi Pla fields/Athletic Com lexes owned and o erated b a overnm
ty y p , p y g ent umt,
' including recreational facilities and structures.
�
Z 4. Elementary and Secondary Educational Institutions and Facitities.
5. Transmission Facilities areater than one-fourth ('/4) 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):
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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feett, 54 1
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 feet�3d�
5. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parkin�: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Q feet
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. 1Vlnximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 dwelling units/acre
8. Maximum Buitding Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet I,
9. Maximum LotCoverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75%
10. GUOS/Unit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 square feet
FbRr'tE.(CLY �,� S��-7���r 7� sc,P�r��ti►7A2y 2€GuCAT/o�1s .
4.15. 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 I,
��,F,� both directions and have a minimum gross finished floor area of one thousand two hundred '
��`�` (1,200) square feet prior to issuance of a Certificate of Occupancy ''
B. All single-family detached dwellings shall have a permanent frost-free foundation�s defined
by the applicable building code�Split level, split entry and earth sheltered homes shall he
considered to comply with�this requirement.
C. All single-family detached dwellings shall have a full basement or must be affixed to a
�� permanent frost free foundation�vvith a completely enclosed crawl space as defined by the
- applicable building code.
D. Main roofs sha11 have a minimum pitch, as follows:
N�_,P��G�� a. In the AG-Agricultural, RR-Rural Residential, and RL-Very Low Density Single-Family
5�� � 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.
E. Roofs shall be shingled with asphalt, wood, tiles or other comparable materials similar in
appearance as approved by the applicable building code.
F. Except for earth sheltered homes, all e�erior vertical surfaces of a single-family dwelling and
accessory structures shall be treated as a front and have an equally attractive, or the same,
fascia. Any e�erior building finish shall consist of a combination of the following materials:
wood, brick, natural stone, aluminum and glass, steel, or vinyl sidin�. Steel siding with
exposed panels exceeding sixteen (16) inches in width, shall not be permitted.
G. All sin�le-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.
� • ''�fl l S SEC�'Y/0,�1 /g f�'Lr'jv'�►?� E.�/T/12�:�/'f/�/l�� •
4.17. SINGLE FAMILY ATTACHED DWELLINGS AND TOWNHOME
REQUIREMENTS: All Single Family Attached Dwellings shall be constructed
according to the follawing 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)
r 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 I,
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 reaz 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 of fifteen(15) feet from 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)
squaxe 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 shall
be architecturally compatible in construction and appearance with the main building.
Garage spaces required to satisfy off-street parking requirements shall be attached to 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:
1. All parking and driving surfaces shall be surfaced with concrete or asphalt, and shall be
defined by continuous concrete perimeter curbing.
2. All internal private roadways shall be a minimum twenty-eight(28) feet wide face to
face.
J. Exterior Vertical Surface Design: All exteriar vertical surfaces of a townhome dwelling
and accessory structures shall be treated as a front and have an equally attractive ar the
same fascia. At least fifty (50)percent of any exterior building finish shall consist ofa
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 exteriar 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 Permit issued. For the purpose of
this Section, "Plat" is defined in accordance with Minnesota Statutes, Section 505.01,
et sea• as amended. Minimum Single Family Attached development lot size shall be
one-half(%2) acre.
M. Single Family Attached Dwelling Open Space Requirements:
1. Recreational Space: All azeas 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 shall be responsible
for building 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 Covenants 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 common areas. This
single family attached homeowners' association shall be responsible for the caze and
maintenance of all open space and common areas of this single family attached project
and also for the maintenance and appearance of the exterior 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 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 I
twelve(12) months from the completion of the construction, the Council will call for a '
public hearing of all persons so concemed 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.
' ONL�' ?HE NltiH15E2- C.i�1.4N��-0 �/1- ?H!S SEc-Tl o,J ,
• 4.18. MANUFACTURED HOME PARK REQUIREMENTS: All parks shall be
constructed according to the following minimum standards:
A. Permitted Uses:
1. Manufactured homes and aceessory structures.
2. Community building, manaaement 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.
B. Required Conditions:
1. Manufactured homes not meeting single-family dwelling requirements are pernutted
only in planned manufactured home parks. The PUD procedure is required for all park
proposals.
2. Manufactured home parks must be serviced by public sewer and water systems.
3. Manufactured homes must have a full basement or must be af�ixed to a permanent frost
free foundation with a completely enclosed crawl space.
4. Only manufactured homes certified as meeting current HUD "Manufactured Home
Construction and Safety Standards" shall be pernutted, unless evidence is furnished that
manufactured homes meeting prior HUD 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 Y�ome parks shall have at least one propertyline abutting a collector or
arterial street, as defined by the Comprehensive Guide Plan.
3. All structures within manufactured home parks shall be set back a minimum of flfty (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.
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 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.
11. The outdoor storage of recreation vehicles shall not be permitted except as provided
for in Section 6.8.D.5. of this Ordinance.
ro�F.�e.c�y' 5��.-r<a.�..► �1l ��c,�P-�- PuD s Anr n Cu P s
. 12: ADMINISTRATION AND ENFORCEMENT:
12.L• PURP4SE, 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 PENAL'T�S: 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 maximum extent authorized in Minnesota
Statutes section 412.23 l, 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 buildin�,
structure, or portion thereof, within the City of Rosemount until proper permits and/or a
Certificate of 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 this 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 writin� and submitted with
the required fee prior to any consideration for a site plan approval. The Site Plan
Review Fees are estabiished 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 hearin� has been held by the
Commission. A notice of the time, piace and purpose of the hearin� shall be
published in the City's official newspaper, at least ten (10) days prior to the hearina.
Notices shall be mailed to each property owner within three hundred fifty (350) feet
of the affected property, except when located in Agriculture, A�riculture Preserve
and Rural Residential Districts, which shall require mailed notice to each property
owner within one-fourth ('/4) mile of the affected 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 may 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 Deve(opment Department within
ten (10) working days after a final decision is made by the Commission.
� C. Ezceptions: Exceptions to the requirements for Commission review of rec�uired site plans `
are as follows:
1. 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 affect the existin� 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 permitted in the BP Business Park District,when all other
provisions of this Ordinance have been met. �
5. Additions to a principal,not exceeding ten (10) percent ofthe building foot print of
the structure bein� modified, when all other provisions of this Ordinance have been
met.
6. Construction of or addition to an accessory structure not exceeding 50%0 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 meetin�,and must include
the followin�:
a. Title or description of the proposed project, including legal description of the
property.
b. Name and re�stration number, when appropriate, of the person preparing and
presenting the site plan information.
c. Location of the property with respect to and includin� names of adjacent
landowners or uses, streets, highways, railroads, easements or other
landmarks.
d. Name and address of owner/developer, scale, northpoint, date and number of
streets.
e. Existing topography as indicated on a contour map havin� counter intervals
no greater than two (2) feet, which shall include, but not be limited to, existin�
buildings, structures, improved surfaces, transmission lines, fences, vegetation,
streams, wetlands and other water bodies.
' f. Existing drainage of the site in terms of direction and the rate of which
stormwater flows.
g. A description of soils. •
�
- h. The proposed size, alignment, height and use of structures, signs or work
performed, includin� 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 gradin� plan at two (2)foot contour intervals and a description of the
chanae in;rade as it relates to structure location, other lot improvements,
adjacent properties, draina�e control and proposed rate of stormwater runoff.
k. A scaled landscape plan showin�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.
l. 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 durin�
construction or after project completion.
o. A description of lot lightina or extraordinary illumination projecting from a
structure.
p. A description of the levels of noise, vibration, glare, smoke, odor, waste or
other 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 City or applicant may be necessary for review of the project.
2. Exceptions:
a. Where information is on file in the CityHall(i.e., information submitted and
approved in formal plattin�) some of the requirements may be waived at the
discretion of the Community Development Department.
b. Additions to existin� structures, centers or compleYes, approved by the City,
may be exempt from some of the requirements, dependin� on the level of
information on file and the relationship of the proposed addition.
c. All other exceptions must be approved by the Commission accordin� to
procedures contained herein.
12.4: MIN�ERAL EXTRACTION:
A. Permit Required: It shall be unlawful for any person, firm or corporation to remove, I
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 minera.l extraction is listed as
a permitted use with special restrictions. FuRhermore, 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.
B. Exceptions: An extracdon perrnit shall not be required for any of the following:
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 percnit 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 Hea.ring, 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
permit 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 or
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 iri 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
rehabilitation.
6. The names of the highways, streets or other public roadways within the City upon
which the material shall be tra.nsported.
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 aperations 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.
• 3. Prohibited Areas: Extraction operations shall not be conducted within the
following:
a. Five (5) feet of the right of way or easement of an existing public utility.
b. Thirty (30) feet of the boundary of an adjoining property which is not being
used for extraction operations.
c. Fifty (50) feet of the right of way of a public 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 ma.Yimum
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 rehabilitated according to an
. approved comprehensive rehabilitation plan.
c. No mineral extraction 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 extraction 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(1'h) feet in depth or more or where excavation slopes
are steeper than one (1) foot vertical to one and one-half(1'/a) feet horizontal and
any other areas where obvious dan�er 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 from the
excavation site.
c. Within three (3) months after the termination of excavation operations or
within three (�) months after the expiration of the extraction permit provided
by this Ordinance, the applicant or owner shall dismantle buildinas and
structures incident to excavation operations and sha(1 �rade the excavation site
as well as complete all rehabilitation on the site as provided by the
rehabilitation plan.
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 extent
feasible, maintained or supplemented by selective cutting, transplantin� and
replantin� of trees, shrubs and other ground cover along all setback areas.
7. Egcavation Operating Standards:
a. Noise: Maximum noise level at the perimeter of the excavation site shall �
comply with the limits or standards estabiished by the Minnesota Pollution
Control A�ency and the United States Environmental Protection Ajency.
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 offensive 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 extraction permit.
d. Fugitive Dust: Excavation operators shall use all 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 A�ency
regulations for the protection of water quality. No waste products or
processed residue, includinD 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 excavations other than the working face, shall be sloped on all sides to a
maximum 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 horizontai to one(1) foot vertical. Slopes adjacent to
waterways shall not exceed six (6) feet horizontal to one (1) foot vertical.
h. Equipment: All equipment and machinery shall be operated and rnaintained in
such a manner as to minimize dust, noise and vibration. Power drives or .
power-producin� machines shall not be housed or operated less than one
thousand (1,040) 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. Processin�: Crushin�, washing and refining, or other similar processin�; may
be authorized by the Council as an accessory use, provided, however, that
such accessory processin� shalt 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 pernut has been granted, may require the applicant or owner of
the premises to:
l. 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 bein� 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 upJradin� 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 permit issued to the applicant. It shall be the
responsibility of the applicant or owner to maintain 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. Durina the period of or upon completion of the
excavation operations, the applicant or owner shall 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 rec�uirements as the Council shall from time to time deem
proper and necessary for the protection of its citizens and the�eneral welfare.
F. Inspections: The City may inspect all excavation sites where an e:ctraction permit has been
issued. The operator or owner of any excavation operation found in violation of the
requirements of this Ordinance or its extraction permit shall remedy such violations within the
time specified by written notice from the City.
G. Duration of Extraction Permit: The excavation license shall run from January I 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 extraction 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 extraction 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 operations
has been granted (expressed in acres) which will not be actively mined in the
forthcomin�year.
3. The Council shall, by resolution, establish an annual per acre permit 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 escrow or letter of credit ("security") in an amount determined by the CounciI, runnin�
to the City, conditioned to pay the City the extraordinary costs and expense of repairin� any
streets where such repair work is made necessary by the special burden resulting from haulin� ',
and travel, and removing material from any pit or excavation, and conducting required ,
rehabilitation and conditioned further to comply with all 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
e�raction 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 recyclinj operation without first receivin� 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 pernvt shall be made in writin� in the
form specified by the City and shall contain the followin� 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.
3. Maps, photographs and surveys illustrating the relationship of the site to the
community and surroundin� properties and existing site conditions includin�
vegetation, surface waters and topojraphy.
4. A description of the operation as regards the sales of parts and the use of cutting,
compressing and packaging equipment.
5. A site plan, to scale, showinJ the location and intended use of all structures, stora�e
areas, driveways, parking and equipment.
C. Development and Operating Standards:
1. ?he 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 hei�ht of the fence or wall except that equipment used on the site
may exceed the wall or fence height. No equipment, material, signs or lightina shall be
used or stored outside the fenced area. There shall be no storage of materials within
r end above the heiaht of the fence.
semi-trailer units o other vehicles which would ext �
4. All equipment used in industrial processes, including that used for cutting,
compressing or packajing, shall be within a completely enclosed buildin�.
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 of 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.
3 7. The fenced area shall be set back at least thirty(30) feet from any non-residential
"� district.
z
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 required by this Ordinance. Its purpose is to
allow variation from ordinance provisions in order to:
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. Permit variations in traditional lot layouts when hi�h 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 zonina 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 as 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 coveraae, screenina, landscapina, performance
standards or uses otherwise not permitted in a zone.
C. Procedure:
1. Initi�l Review: Applicant shall schedule an initial meeting with staff to discuss the
proposed PUD and review PUD requirements.
2. Concept Pian and Supportive Information: The applicant shall submit twenty (20)
copies of the following information:
a. Property description and acrea�e, identification of owner/developer.
b. Existing eonditions, metro relationships, surrounding property ownership,
relationship to Comprehensive Plan, existing land use, transportation, zoning,
utilities, etc.
c. Naturat features, water, topo�raphy, soils, ve�etation, etc. and their
implications, if any, for development.
d. Concept Plan showin� land use areas, (and use intensities, acreages,
numbers/types/density of units, traffic circulation and parking, open space,
recreation areas, development sta?in,, utility provisions, pedestrian walkways,
and overall design objectives.
e. Written information describing proposed land use and land use objectives, the
type and character of buildinas, methods of providing utilities, etc.
3. Concept Review: Upon receipt of a complete application, including supporting
information, the Community Development Department designee shall set a date for a
public hearina for formal review of the PUD. The applicant shall make a presentation
of a proposed PUD at a public hearing before the Commission. The Commission shall
recommend approval, revision, reapplication or denial of the Concept P(an to the
Council.
4. Findin s: In approving the Concept Plan, the Commission must find as follows and
g
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
shoppinj 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 a�proved Concept Plan and shall prepare
graphie and written material as follows (20 copies):
a. Leaal descriptions of all parcels to be rezoned.
b. Zoning classifications requested.
c. Detailed site plan showing all dimensions, structures, parkina 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 common
areas and facilities.
e. Density and gross buildin� computations.
f. Preliminary architectural drawinas for each different building type, except
sin�le-family dwellings, showing building elevations, schematic floor plans,
unit relationships, activity areas, building materials, etc.
g. Landscape plan and schedule showin�types, quantity, sizes and location of
plant materials.
h. Construction-occupancy schedule.
i. A description of the nature and character of nonresidential developments •
includin� a description of waste emissions, activities conducted on the 'I
premises, etc. '
� j. Preliminary platting requirements if a land subdivision is involved. �'
6. Formal Application - Rezoning: Applicant shall file a rezoning petition, if required, I
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
conforms with the Comprehensive Plan and the approved Concept Plan and shall
recommend appraval, 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/Rezonin�s 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 Aareement
prepared by the City.
9. Amendments: Requested changes in the Development Plan after approval has been
granted will require submission of an amended plan document, a revised plat (if
applicable), an amended Development Agreement, and a review process incorporating
the public hearin� requirements, unless the chanaes are minor, as.defined below:
a. Chan;e in housin� mix less than or equal to two (2)percent of the total units
in the development with no increase in housing 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.
f 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 zonin� district, but which under some circumstances may be
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.
�
Z B. Application, Public FIearing, Notice and Procedure: The application, public hearina,
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 of 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.
G Standards: The Commission shall recammend a CUP and the Council may issue such CUP if
it finds that such use at the proposed location:
1. Will not be detrimenta( to or endanger the public health, safety, or general wetfare 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 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 nei;hborhood.
4. Will be served adequately by existing (or those proposed in the project) essential
i public facilities and services, including streets, police and fire protection, drainage,
� structures, refuse disposal, water and sewer systems and schools.
� 5. WiIY 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, �lare
or odors.
6. Will have vehicular in�ress and egress to the property which does not create traffic
conDestion 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 CUPs, the Commission and the Council may attach
� whatever reasonable conditions they deem necessary to miti�ate anticipated adverse impacts
w associated with these uses, to protect the value of other property within the district, and to
Z achieve the goals and objectives of the Comprehensive Plan and City Code provisions. Such
conditions may include, but are not limited to, the followin�:
1. Controlling the number, area, bulk, height, density, intensity, and location of such
uses.
2. Re�ulating in;ress and egress to the property and the proposed structures thereon
with particular reference to vehicle and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or other catastrophe.
3. Regulating off-street parkina and loadinb areas where required.
4. Specifying utilities with reference to location availability and compatibility.
� 5. Requiring berming, fencing, screenina, landscaping or other facilities to protect '
� nearby property.
i6. Ensuring compatibility of appearance.
� In determining such conditions, special consideration shall be jiven to protectin� immediately
adjacent properties from objectionable views, noise, traffic and other negative characteristics
�
associated with such uses.
;
E. Revoc�tion: 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 granted, the permit shall be null and void if the
conditional use is discontinued for six (6) months, the CUP shali be null and void.
� G. Permittee: A CUP shall be issued for a particular use and not for a particular person. `
J.�
12.8: INTERIlVI USE PERMITS (NP):
A. Application,Public Helring, Notice and Procedure: The application, public hearing,
public 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 affirmative 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 NP shall terminate on the happening of any of the followin� 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 nonconformin;. 'I
C. Standards:
1. The interim use must be allowed in the zoninD district where the property is located.
2. The interim use must meet or exceed the performance standards set forth in this
Ordinance and other applicable City ordinances. �
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 IUP 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 aoals and objectives of the
Comprehensive Plan.
E. Findings for Interim Use Permits:
1. The extent, location, and intensity of the use will be substantial compliance with the
Comprehensive Plan.
2. The use will provide adequate ingress and egress to minimize traffic con�estion in the
public streets.
3. The use will not be detrimental to the existin�character of the development in the
immediate neighborhood or endanger the public health, safety, and �eneral welfare.
4. The use wilt 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. Modifcation of Standards or Conditions: The Council, after public hearing, may modify
standards or conditions required for the IUP, 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
pernvssible 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 showin�the
nature, location, dimensions, and elevation of the lot, existing or proposed structures,
fill, stora;e of materials, floodproofing measures, and the relationship of the above to
the location of the stream channel and meeting all other requirements of Section
11.4.B. Site Plan Contents, of this Ordinance.
2. Specifications for buildin� construction and materials, floodproofin�, filling, dredjing,
gradin�, channel improvement, storage of materials, water supply, and sanitary
facilities.
The City Engineer or designee shall evaluate the progosed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, the adec�uacy 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 conditionaT 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 dan�er that materials may be swept onto other lands or downstream 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 development `
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 expeeted at the site.
12. Such other factors which are relevant to the purposes of this Ordinance.
C. Public Hearings: Within sixty(60) days from the date of application for conditional use
permit, the Community Developemnt Department shall submit the application to the
Commission. The 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('/4) 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 safem,iards 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 aranting 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
of Natural Resources within ten (T 0) days of such action.
G. Conditions Imposed: The Commission may attach such conditions to the aranting of
conditional use permits deemed necessary to fulfill the purposes of this Ordinance. Such
conditions may include, but are not limited to the followina:
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 app(icant shall submit a plan or document certified by a registered
professional engineer or 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 conditians 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 ofxhis Ordinance.
12.10: CEMETERIES:
A. Application, Public Hearing, Notice, and Procedure: The application, public hearing,
public notice, and procedx�re 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 durin� 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 lar�e 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 to a six (6) foot wide land
containing no gravesites to provide access to �ravesites 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 sa 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 . I�,
the conditions for grading permits as specified in Section 11.6 of the Zoning
Ordinance. In addition, soil borings will be required to determine 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 si�y (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 hearin�. Arnendments affecting chan�es in zonin� districts shall require
mailed notice to each property owner within three hundred fifty (350) feet of the
affected property owner. However, zonina chan�es in the Agriculture, Agriculture
Preserves and Rural Residential Districts shall require mailed notice to each property
owner within one-fourth ('/4) 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 proceedin�s, 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. Re�pplication: No application for the same or substantially the same amendment
shall be made within six (6) months of the date of denial.
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 invatidate the proceedinas.
\
SECTION l. Section 3, Definitions, of Ordinance B-City of Rosemount Zoning Ordinance,
adopted September 19, 1989, is hereby zmended to include the following definitions:
The following definitions relate to residential districts only. 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.
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.
Cluster Housing, Single Family Detached: Single family detached dwellings that are placed on lats
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 'I
housekeeping, organized social and recreational activities, and transportation. '
Density: The number of dwellina 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 ceilin�.
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 single lot containin;two dwelling units, each which is
totally separated from the other by an unpierced wall extending from;round to roof.
Manufactured Home: A structure, transportable in one or more sections, which in the travelin�
mode, is eight (8) body feet or more in width or forty (40) body feet or more in len�th, 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 wtuch 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 individual land 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 abjectives.
Roomers: An individual other than a member of the family occupyinD a dwellin�unit who, for rent,
is furnished sleepinD accomodations, meals, personal care or other services.
Townhome: A dwelling on a sin�le lot in a row of not less than two (2) units nor more than five (5)
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 rnore vertical common fire-
resistant walls. In no case shall any unit have in excess of two (2)party walls. ',
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CHaRL�s L. LEF���:RF
Attamay ot L�u'
Dieect binl C61Z)?37•4215
I7ecember l2, 3947
Mr. Tom Burt
City Administrator
City of Rvsemaunt
PQ Box 510
Rosemaunt MN 55�6R-051�
RE: Cv�?.ditional {Ise PeYmits
Deaz Torn:
The City CaunciS has untler c:onsideration a prvpo�ed ordinance amendment which would a]Iow
certain uses as conditioaal use� in various aonec of tlze City. tn the p�st. the Ciry hat not uced
conditional use permits as a re�ulatary land use teehnique. Therefore. �brief expl�nativn of how
conclitional uce permits tCt,TPc) work may be helpful.
State law gives cities the authority to grovid� for CUPs, and the use af the CUp as a regulatary
tec;hnique i. cammon and wide�preaci. The techniyue i. useful to regutate uses which rnay be
approp+'iat� irt � �iven zone, but are nac apprapriate in alt cnse�vn �tl propertics within the �on�,
For example. citie� aft�n makes churchec conditional u�cs in residential avrses. "Chis is a
recagnition that churche5 are often appropriate land uses in residential azeas, but that not all
church u�e.� are �ppropriate in all parts af re�idential xvne�. For example,� thurch in the middl�
of a residential aone with �opd aceess to �.collector or artenal �treet might be an appropriate land
use. However, the Same church ne�r the ecige of a re�idential zone �ould isolate a handful Qf
:�ingle family te:►idential homes sa th�t they are nv ion�er a part of a n�i�hborhood: ar it �ould
funnel a large voSume of traffic throu�h a (ocal street w�hic;h was ttot desi�ned for such traffic.
In such a case, the Cvunc:il mi�ht detetmine that such � use in that location should not be
permitted.
Without u�in� CCJP� �s � z�onin� contr�I tec:hniyuc, uses muct bc either permi,te� cr pror:bite�-
Most c;itiec have found that this ic unhece�:+arily rigid and deprives them o� the flexibitity to
provide for Iand ucec �vhich do not �it neatly into either of these two cate�orie�.
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Mr. Tom $urt
Dec�mber 12. 1997
Page 2
On the ather hand, when t�ecidin what usei to s ecif as conditibndl USeS. the Council shauld I
� P Y
be mindful af timitations inherent in thic tonin� technique. If a use ic a iicted conditivnal use.
th� City Counc;it can refu�e to apgro�e it if the u�e dae� nvt meet th� conditivns listed in the
ordinance, or the �ity Courtcii can impoce addition�l veasonable conditions to assure that the tsse
is compatible with its surrounciin�s_ HaWe�er, the Councii doe� not have the absolute discretidn
tv disapprove CUP applicativ�ns. If the pmpo�eci u;e meets the condition� listed in ttte ordinan�e.
the Council is bound t� apprave it. Therefore, the CUp is a u�eful and valuabSe teehnique; but
when designatin� u�es ��: conclitional u�e�, the Gounc:il chould unc�erctand th�t it may not be free
ta cli�apprQve CI3P application� untes� the praposcd nse in that location does nat meet conditionc
li�ted in the ordin�nce. fn a �ence, conclitional ucec �hould be re�arded �s use� Which are
permitteci, like the uses whsCh are ]isted a� permitted uses in that avne, if they meet th�
conditions specified in the ordinance_
,a►t the IaSt City Councii meetin�, the Council raiced the ide� of requiring att extraprdinary vot�
{tike 2I� of the CounciU to appr�v� a CUP. This pr�ctic:e is rtot uncommc�n, but it can lead to
a practical problem of a le�al nature. A City Cc�uncil canrtot act �rbitrazily vr capriciously in
denyin� a conditional use permit applic:ation. If the Cttuncil ciesties art application, it should state
the rea�an� fo�r su�h denial. The courts have held that the failure tQ state such reasorts raises a
presumption that the denial ic arbitrary. Sueh a presumption may be rebutted, but this ptaces a
burden on the Cit}� whit;h ic difficult to �ati�fy.
If the majority of che Council (three votcs) is in f�vor af �rantin� a CtJP, but the ardirtance
requires four y�te� for �ppraval, the deniai of the CUF' is more difficuli to tlefend foT two related
reasons. The �ir�t ic that it ic not practical far the City Gouncit to adopt � recol�utian st�ting the
rea,�on� for clenial becau�e a majvrity of the Council i� in faVor af�rantin�; the application." To
some extent this prablem c.an be remec�ied if Councilmernbers wha opp��e the application ctat+c
tegally �ufficient rc�sons for �uch oppositiort. �r►d Eho�c rea�c�n� are noted i�t the miriutes vf the
meetin�. 5uch statements in Counci] minutes can take the piac;e of a resolution of denial and
vvert;ome the pre�umption of arbitrarines�. I[owever, the fa�t th�t a majflrity of the Council
f�vors the applic:ation creates a 5econd problem_ In � �uite chaltett�in� CUP denia�i, the pl�inriff
can be expEctecl to get as much milea�e as pc��sible frt�m �taff cupport fvr the CUP or a plannir�g
cvmmi4�i�jY re�ommendation for apprvvai. Support by scaff ar pl�ttnin� commissirtn is offerec�
as evidenc:e that ihe Council acted arbitrarily bec:au�e the "non-pvlitical" participants in the
proce��+ �ancluded that the CUP c�ntlitionc were met. 7hic problem ic somewhat greater if a
majority of the City Counc:ii al�o feels that CUp cvnditionc are met.
T dQ not wi�h to xu��e�t that a 2/3 majnrity requirement in the vrdinance would present
irtsurmou»table obct�cle�. Ati noted above, a number of other cities have ordinance� reyuirin�
exvaordinary majoritie� and the probtetns noted abvve do nat arise frequently. N'[oreover, the�e
problemti are not unique to ordinancc� requiRn�extraarc�inary majorities fvr CUp approval. For
example, �tate law ret�uire� a 2/3 vote for zoning code atr�endrnents. '�'tierefore, I am not
recommenciin� that the Cour+cit reject thc iclea a�a 2/3 �ot;ng requirement: rather, I simply wish
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1
Mr. Tom Burt
December 12. 1�97
Page 3
for the Caunril to underctanc� that such a requirement can occ:axionally give rise to a practical
le�al problem.
If you ha�e any further que�tivns �n these issues, please feel Free to �ive me a call.
Yery qvly yoqrs,
�G-�,A-*�.��`��''— -
Charles L. Le�evere
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Standards& Rosemount Apple 'Burnsville `;.Eagaa Farmtngton . Hastings Inver I.akeville
`Fees'` valle� Grove
Heights
Min. lot size 10,000 11,000 10,000 12,000 10,000 9,000 12,000 15,000
Min. corner lot 12,000 12,500 12,000 12,000 10,000 9,000 12,500 18,000
size
Min. lot width 80 80 80 85 75 75 85 1Q0
at front setback
Min. comer lot 95 90 90 85 75 75 100 120
width
Min. lot depth 125 None None None None None None None
Min. front yard 30 30 30 30 20 20 30 30
setback
Min. rear yard 30 30 30 15 6 20 30 30
setback
Min. side yard 10 10 10 10 6 10 10 15
setback
Min. garage 10 10 5 5 6 10 5 15
side yard
setback
Min. corner 30 30 20 30 20 10 30 30
side yard
setback
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Rosemount Burnsville I.G.H. A.V. Bim ton Northfield C.Ra ids Lakev(Ile Ran e
Minimum Fioor Area
Livin�Area
RL District NA NA NA NA 1,700 NA 1,200 sf NA 1,200-1,700sf
S-F 2 Bedroom NA NA NA NA NA NA NA 960 sf 960 sf
S-F 3 Bedroom NA NA NA NA NA NA NA 1,040 sf 1,040 sf
S-F Detached Home NA 1,100 sf NA NA 1,040 sf NA 960 sf NA 960-1,100 sf
Two-Family NA NA NA NA NA NA 700 sf 650+1OO/bdrm 650+-700sf
Two-F 2 Bedroom NA NA NA NA 960 sf NA 800 sf NA 800-960 sf
Two-F 3 Bedroom NA 1,500 sf NA NA 1,040 sf NA 960 sf NA 960-1,500 sf
Townhouse NA NA NA NA NA NA NA 600+100/bdrm 600+100/bdrm
M-F Efficiency NA 400 sf NA NA 400 sf NA NA 500 sf� 400-500 sf
M-F One-Bedroom NA 700 sf NA NA 650 sf NA NA 700 sf _650-700 sf
M-F Two-Bedroom NA 800 sf NA NA 800 sf NA NA 800 sf 800 sf
M-F Three-Bedroom NA 900 sf NA NA 950 sf NA NA 880 sf 880-950 sf
Minimum Dimensions 24' "24' 24' *30' NA NA NA NA NA 22' ""30' 22' "30'
_.._____ ________ __..._._. ,. _--.._ — — ------- -----_ ---- ---- _--- ------ —
RL District NA NA NA NA 34' *50' NA NA NA 34'`50'
R-1 District NA NA NA NA 26' "40' NA NA NA 26' �40'
Basement Requirement No Yes No No No No No No 1 of 8
Enciosed Parkin
S-F Detached Home NA Two-Car Two-Car NA Two-Car NA NA NA Two-Car 3 of 8
Two-Famii r�Home_ NA Four STotal) NA NA NA NA NA NA Four StaUs(1 0�
� Townhouse NA NA 2/Unit 1/Unit NA NA NA NA _1/unit-2/unit
--- —
_ __ _._— __ - ------ --- — — - - —
Efficiency_ NA 1_5/Unit _NA_ 1/Unit NA _NAT_ _NA NA 1/unit-1.5/unif
------ -
---
One_BedroomApt__ NA__._ 1_5/Unit __NA 1/Unit _ NA _____NA___ __NA _ NA :1/unit-1.5/unit
Two-Bedroom Apt_ NA 2.25/Unit NA 1/Unit NA NA NA NA 1_/urnt-2.25/unit
-- ---- - -- -
--- ----�- ---- — --- — --. --- -
Three-Bedroom A�t__ NA 2.25/Unit NA 1/Unit NA NA NA NA 1/unit-2.25/unit
---- --- ------ ----
Garac�e Requirements
Maximum Area NA 1,OOd sf NA NA NA 864 sf 1,200 sf 1,000 sf 864-1,200 sf
Minimum Area NA 220 sfispace NA NA NA NA NA NA _220 sf/staii
Required_Stora�e _ — —
S-F Detached Home NA NA ! NA NA NA NA NA NA NA
--- -- -------- __ — —.--— .__ -- �
Two-Fam�Home NA NA NA NA NA NA NA NA NA
___ — -- -
-- -- — --- -- — -
Townhouse NA NA . 150 cubic ft NA NA� _�NA ___NA__ _ NA 150 cubic feet
----------- . _.__-- --- ---
Efficiency NA NA NA NA NA NA � NA_ __25_sf/unit 25 sf/unit
--
---- --- - -- —-- --- - -
One-Bedroom Apt._ NA NA NA NA NA NA NA 25 sf/unit 25 sf/unit
---- . -- - -
- --- — --- - --- - — ---- - —
Two-Bedroom A�t__ NA NA NA NA NA NA NA 25 sf/unit 25 sf/unit
_ ------ ---
-- - --- __. — .__-- ---- ---- ---- -----
Three-Bedroom A t. NA NA NA NA NA NA NA 25 sf/unit 25 sf/unit
;
,
CRITERIA FOR CLUSTERING
The following was excerpted from the Comprehensive Guide Plan Elements and Policies and
could be converted into a "Purpose and Intent"paragraph for a new Section 4.19, Standards for
Residential Cluster Development.
Clustering techniques should be encouraged:
• To minimize the impact of major streets.
• To buffer adverse influences such as railroads and non-residential uses.
• As a means to reduce land development and public infrastructure costs .
• To preserve natural features,resources and useable open space.
• To reduce the impact of development on steep slopes, undevelopable soils, surface water
and wetlands.
Further incentives for clustering techniques:
• To promote"transit friendly" land use and development patterns.
• To promote neighborhoods.
• To increase the amount of leisure time as the result of homeowner association absorption
of exterior maintenance chores.
• To enhance vegetative diversity and promote wildlife habitat.
• To improve water quality through the reduction of fertilizers applied to large expanses of
lawns.
Criteria for Implementing Cdustering Techniques
L The Site must have significant natural, scenic or cultural(or combinations thereo fl that
would be enhanced or preserved by clustering development.
2. The cluster areas will create neighborhoods that are located to minimize or eliminate
negative impacts on significant natural, scenic or cultural features.
3. The common open space areas created by clustering shall be directly accessible to all of
the clustered housing units and will not be isolated from the city or the general public.
4. The common open space created by clustering shall be permanently restricted from future !
development through the use of conservation easements,deed restrictions, restrictive I',
covenants or other methods acceptable to the City. '
5. A homeowner's association shall be established for the purpose of maintaining the
common open space not accepted for park dedication, subject to Section 4.17.N of this
ordinance.
6. Lot dimension standards shall be reduced by no more than seventy five(75)percent in
cluster areas.*
7. Lot area standards shall be reduced by no more than fifty(50)percent in cluster areas.*
* For example, a cluster development in the RL Yery Low Density District as
recommended would result in 10,000 sq.ft. lots that measure 82.5'x 135'.
.
•
Guidelines for Clustering Techniques
• Planned Unit Development is the appropriate process for reviewing development
proposals because the required findings are intended to be applied to creative solutions
otherwise not possible with strict application of ordinance standards.
• Rigid standards should be avoided so as not to inhibit creativity.
• The primary area of flexibility is intended to be applied to dimensional (setback and lot)
standards.
• Normal gross density requirements of the underlying zoning district should be upheld.
• The net density of a development cluster should not exceed 1.5 times the gross density of
the applicable district and in no way exceed the gross density of the next"higher density"
district. For example, the net density for an R-1 cluster could equal 4.S dwelling units
per acre which would be half way between R-1 and R-2 density yields.
• Normal parking standards should be upheld.
• Normal landscaping should be an absolute minimum expectation.
• Normal aesthetic/architectural requirements should be an absolute minimum expectation.