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HomeMy WebLinkAbout2025/01/08 - ADMIN - Agenda Packets - Planning Commission - Regular Planning commission meeting January 8, 2025 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther at 952.924.2574 or the administration department at 952.924.2525. Planning commission meeting The St. Louis Park planning commission is meeting in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. Members of the public can attend the planning commission meeting in person or watch the regular meeting by webstream at www.parktv.org and on local cable (Comcast SD channel 14 and HD channel 798). Visit bit.ly/slppcagendas to view the agenda and reports. You can provide comment on agenda items in person at the meeting or by emailing your comments to info@stlouispark.org by noon the day of the meeting. Comments must be related to an item on the meeting agenda. Agenda PLANNING COMMISSION 1. Call to order – roll call 2. Approval of minutes – Nov. 6, 2024, Dec. 4, 2024, and Dec. 18, 2024 3. Hearing 3.a. Public hearing - Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Case No: 24-26-CP, 24-27-Z 4. Other Business 5. Communications 6. Adjournment Future scheduled meeting/event dates: January 15, 2025 – planning commission regular meeting February 5, 2025 – planning commission regular meeting February 19, 2025 – planning commission regular meeting March 12, 2025 – planning commission regular meeting* *meeting held on March 12 since Ash Wednesday is on March 5. 1 2 Planning commission November 6, 2024 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration department at 952.924.2525. Planning commission Members present: Jim Beneke, Mia Divecha, Matt Eckholm, Sylvie Hyman, Katie Merten, Jan Youngquist Members absent: Tom Weber Staff present: Sean Walther, Katelyn Champoux Guests: 1. Call to order – roll call. 2. Approval of minutes – Sept. 18 and Oct. 16, 2024. Commissioner Hyman stated her name was misspelled in one set of minutes. It was moved by Commissioner Eckholm, seconded by Commissioner Beneke, to approve the Sept. 18 and Oct. 16, 2024, minutes as corrected. The motion passed 6-0. 3. Hearings. 3a. Public hearing: Cannabis zoning ordinance Case No: 24-21-ZA Ms. Champoux presented the report. Commissioner Beneke asked if cannabis sales are allowed with other retail, such as a liquor store, and also asked if cannabis can be sold at a restaurant. Ms. Champoux stated yes in terms of restaurants, which falls into on-site consumption which is allowed at food and beverage establishments located more than 300 feet from a school. She added that cannabis retailers will not be allowed to locate within another retail establishment. Chair Divecha asked if additional licenses would need to be applied for by establishments that serve food and liquor if they want to sell cannabis on site. Mr. Walther stated yes but that will no longer be issued by the city, but by the state. He added the city will likely have a registration process. Chair Divecha asked if the city limits liquor stores allowable and also how many liquor stores are in the city. Ms. Champoux stated there is no limit on how many liquor stores there are in the city. Mr. Walther stated the city has around 13 liquor stores, which is down from 18 or 19 a few years ago. He added city council discussed this over 3 years and decided not to set a limit. 3 Unofficial minutes Planning commission Nov. 6, 2024 Chair Divecha asked about the rationale for the recommended limit of 4 cannabis retailers within the city. Ms. Champoux stated staff has decided to handle setting a cap on retail registrations through the registration regulations, so it is not in the zoning ordinance. She added city council directed staff to set a cap on retail registrations at one retailer per 12,500 residents with the potential to evaluate it in the coming years. She stated this allows the city to monitor this new enterprise and adjust as needed in the future. Commissioner Youngquist asked for confirmation that the legislation allows the city to require buffers around public parks but that staff are not recommending this. Ms. Champoux stated that is correct. Commissioner Youngquist asked if people will be able to consume cannabis in public parks. Mr. Walther stated currently the answer is yes. Commissioner Youngquist asked if this is smoke or edibles. Mr. Walther stated that the city policy is to be smoke-free in city recreational facilities and that would also apply to cannabis smoking. Commissioner Hyman asked about the difference between what is currently allowed and what will be allowed after the ordinance is adopted. Ms. Champoux stated she believes the main change will be the type of THC products being sold with a transition from only allowing THC products derived from hemp which has a lower potency of THC to products derived from other types of cannabis with higher potency. She added the sale of lower potency hemp products will stay the same, and the cannabis regulations will be brought in for the newly legalized products. Commissioner Hyman asked about the parking minimums for cannabis businesses and why those are being added to the code. Ms. Champoux stated they were added to the code to align with its existing structure in which each land use description has a parking requirement. Mr. Walther stated because this is a distinguished category from retail, the parking requirement was added for owners to understand what is expected. Commissioner Hyman stated she believes this conflicts directly with the equity goals to have parking minimums forced upon cannabis businesses. Chair Divecha stated this is documentation to ensure the current zoning requirements are consistent with the current code. She added without this there would be more issues with and discrepancies with parking at retail. She said she hopes to address parking more broadly related to city codes in the future. Mr. Walther stated the goal was to align requirements for similar uses. Commissioner Merten stated this will set a minimum parking requirement, but a variance can also be requested. Commissioner Hyman stated she thought if the city has an opportunity to not require something of businesses that might be struggling in the diversity and equity section, this would be an opportunity to remove it. Commissioner Eckholm added he does not agree with parking minimums for bars that sell a product that directly creates problems for those who drive to consume it there. He stated in 4 Unofficial minutes Planning commission Nov. 6, 2024 this case he understands the logic and keeping it consistent, however noted he would be open to it being lower or being removed. Chair Divecha asked if the parking minimums are for places where people drive up, buy products and drive home. Ms. Champoux stated yes, and added this is for off-site consumption. Chair Divecha asked if this changes any zoning rules for restaurants. Ms. Champoux stated no. Chair Divecha suggested approving this as is and communicating to city council that this be addressed in the future. Mr. Walther stated the minimum requirements in the code are baseline and can be reduced depending on whether the establishment is near transit areas, or in a multi-tenant building where parking is already present or there are opportunities for shared parking as well, which reduces the overall amount of parking required. He stated this is probably a non-issue for new establishments, and noted there have been recent amendments to city parking requirements and allow for more reductions when warranted. He stated parking count minimums and impacts to residents should be included in future discussions. Commissioner Youngquist stated she does not think there should be one-off parking requirements for certain businesses, and it should be part of the larger comprehensive discussion on parking. She stated she foresees these businesses going into already existing buildings where there are already parking requirements. She added given the timing we need to get a code in place before January 2025 and is a larger conversation for the future. Commissioner Merten asked for clarification on whether the limit to 4 retailers would apply to off-sale and on-sale. Ms. Champoux stated the limit for cannabis retailers is not part of this zoning ordinance and will be considered in the retail registration regulations to be brought to city council. She added the limit is for off-sale, not for on-sale. Commissioner Beneke asked if every restaurant or liquor store will want to do this. Ms. Champoux stated she is not sure. Mr. Walther stated the uptake of low-potency products may be an indication the city has issued around 19 licenses, so it seems not everyone wants to get into that business. Chair Divecha opened the public hearing. There were no speakers present. Chair Divecha closed the public hearing. It was moved by Commissioner Youngquist, seconded by Commissioner Merten, to recommend approval of the cannabis zoning ordinance as presented. The motion passed 6-0. 4. Other Business – none. 5 Unofficial minutes Planning commission Nov. 6, 2024 5. Communications. Chair Divecha noted she participated in a very good discussion with the city council last week. She stated there were also representatives there from the housing authority and the fire civil service commission, all statutory boards of the city. She stated she provided the feedback that was included in the email to commissioners and the message was well received. She stated she explained to the council that the planning commission is highly engaged and explained the work plan and that the commissioners’ skills are being leveraged well. She added information on stipends which was well-received also. Mr. Walther added joint meetings with other commissions on topics of common interest and overlap were also discussed, and also sharing work with various other commissions and boards. Chair Divecha added communications between planning commission and city council have relied on city staff and staff has been doing this well, but that could be a risk with different staff, which the council seemed to understand as well. Mr. Walther noted recognition of service for Commissioner Katie Merten for her two years’ service on the commission. Commissioner Merten stated she is sad to depart the commission and that she has enjoyed the discussions. Chair Divecha wished Commissioner Merten well in the future. Mr. Walther stated on Nov. 18 the council will be doing appointments for board and commissions effective immediately or on Dec. 1. 6. Adjournment – 6:45 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Mia Divecha, chair member 6 Planning commission December 4, 2024 7:04 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration department at 952.924.2525. Planning commission Study Session Members present: Jim Beneke, Mia Divecha, Matt Eckholm, Sylvie Hyman, Jan Youngquist, Tom Weber, John Flanagan, Estella Hughes Members absent: none Staff present: Gary Morrison 1. Zoning code update Mr. Morrison presented on Accessory Dwelling Units (ADUs). He noted the ordinance authorizing ADUs was adopted in 2020. The ADU regulations are included in the proposed zoning code update, and staff would like to review the regulations with the planning commission and suggest some amendments to the ordinance that could resolve some hurdles encountered by people who desire to construct an ADU. These amendments could be incorporated into the overall zoning code update. Chair Divecha asked about accessory dwelling units (ADUs) and why it is written that the property owner needs to be living on-site. Mr. Morrison stated some of the concern may have been around a belief that when the owner lives on site there is better maintenance of the property. There doesn’t appear to be any information that supports this, however. Chair Divecha asked if the city has property maintenance requirements for rental properties and owners. Mr. Morrison stated yes, the property maintenance standards are required for all properties, rental and owner occupied. Commissioner Eckholm stated prior to the duplex discussion; AUDs were another option the city looked at. He added requiring the property owner to live on the property is potentially a barrier here. He also noted that rental properties are not always that and can become owned property in the future. Commissioner Weber asked if it’s a problem to have both a main house and ADU as rentals, or if one or the other is purchased and the other rented. Mr. Morrison stated the property owner owns both the principal dwelling and the ADU. Either or both can be rented if someone buys a property that already has an ADU. Commissioner Weber asked if there are any limits on rental owners and the number of properties they own within the city. Mr. Morrison stated currently there are no limits. 7 Unofficial minutes Planning commission Dec. 4, 2024 Commissioner Youngquist noted she has a concern with ADUs and that they may all become Airbnb’s. She asked about the city’s requirements with short-term rentals. Mr. Morrison stated they are allowed, but the minimum stay is 30 days. Chair Divecha stated the city should not have to regulate the size of an ADU, and that market should handle that. She stated however, she is fine with the current two hundred square foot minimum. Commissioner Eckholm stated any smaller than 200 square feet for an ADU is a rooming house size. He added there is no reason to go below this requirement. Mr. Morrison presented on Group Daycares. He noted staff reviewed the standards for group daycares and compared them to the standards proposed to be applied to schools and places of worship in the proposed ordinance. The review identified inconsistencies applied to each of the uses and staff proposed to change the standards to treat these three uses similarly. For example, the setbacks applied to buildings and outdoor play areas should be the same for each of the uses since they are mitigating similar impacts. Commissioner Eckholm asked if there should be a standard for when the daycare operator is walking children to a park. Chair Divecha stated there are solutions to this, with crossing streets and moving children. Chair Divecha asked about the number of children served at 16 or less in a group daycare. Mr. Morrison stated that carries over from the existing code. He stated family daycare is allowed to be run out of a home and with 14 children. He stated staff is looking to have consistency across the board on daycares within all districts. Mr. Morrison presented on Non-statutory group homes. He stated that non-statutory group homes are currently permitted with conditions within all residential zoning districts. The conditions applied to them, however, vary from district to district. In order to recommend standards for the new neighborhood districts, staff reviewed the current conditions and are recommending amendments for the use in each of the neighborhood districts. Mr. Morrison reviewed the recommendations. The planning commission agreed with staff’s recommendations. The commission discussed January meeting plans and future agendas. 8 Unofficial minutes Planning commission Dec. 4, 2024 2. Adjournment – 8:09 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Mia Divecha, chair member 9 10 Planning commission December 18, 2024 6:05 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration department at 952.924.2525. Planning commission Study Session Members present: Jim Beneke, Mia Divecha, Matt Eckholm, Tom Weber, John Flanagan, Estella Hughes (youth member) Members absent: Sylvie Hyman, Jan Youngquist Staff present: Sean Walther 1.Commission training Soren Mattick, city attorney and partner with Campbell Knutson, provided planning commission training and background and answered the commissioners' questions. 2.2025 work plan Mr. Walther noted the council will be looking at the 2025 plan that planning commission has worked on and then council will approve. This will be a discussion on what is missing that needs to be added, as well as any future ideas, and if they are still relevant. Commissioner Eckholm asked how long Phase 2 and 3 of zoning updates will take. Mr. Walther stated the goal is to have it completed in 2025 prior to the start of the comprehensive plan update. Commissioner Eckholm asked if water conservation is within the planning commission's scope. Mr. Walther stated this is on the fringe, and engineering would need to be involved, as he would not be able to support it. Mr. Walther added it would be difficult to go into too much depth. Chair Divecha stated parking is her main priority and noted it will be addressed in the performance standards. Commissioner Weber stated what is already included is fine with him and he is not sure the commission will get to the other items. Chair Divecha added having more connections with council might be added to the work plan, including more connections with the other boards and commissions as well. Commissioner Eckholm agreed. 11 Unofficial minutes Planning commission Dec 18, 2024 Commissioner Eckholm added the comprehensive plan will be the time for the public to weigh in on items. He stated staff has done a good job of getting messages out, but possibly the planning commissioners need to reach out to the public as well and encourage them to become involved. Chair Divecha noted at the planning commission meeting January 8, the public will weigh in on the zoning code. She asked about the 3 minutes each for public comment and stated she will want to set the tone. She asked about ground rules on questions and answers. Commissioner Eckholm stated taking notes will be helpful and keeping track of how many times a certain topic comes up and then it can be brought to the commission at a later date for discussion or brought to staff’s attention for response. He added laying out the rules at the beginning of the meeting will also be helpful. Mr. Walther added explaining to the public that there is a limited amount of time to speak will be helpful and noted that some may also submit written comments. He stated all questions can be referred to staff for response at the end of the meeting or at a later time. Mr. Walther and the commissioners also discussed parliamentary procedure, how they will be used during the meeting, and details of the meeting process. Mr. Walther added this is the public hearing about this item, and added the public can be told information from this meeting will then be forwarded to the city council. 3. Adjournment – 8:07 p.m. ______________________________________ ______________________________________ Sean Walther, liaison Mia Divecha, chair member 12 Planning commission: Regular meeting Meeting date: January 8, 2025 Agenda item: 3a. 3a.Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Executive summary Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Recommended action: Motion(s) to recommend approval of the amendments to the comprehensive plan, zoning ordinance, and zoning map as recommended by staff. Summary: St. Louis Park’s Vision 3.0, strategic priorities and 2040 comprehensive plan call for providing a broad range of housing and neighborhood-oriented development and allowing more housing types in all residential areas. Amending the zoning code and zoning map will implement the city’s policies and better reflect the city priorities, goals and strategies. An assessment of the zoning code and community engagement about housing was initiated in 2023. A survey to gauge community support levels for various housing types had 317 respondents that generally supported more housing and favored smaller housing types. Based on the documents and community input above, and the outcomes of a focused conversation and workshop with the city council at its November 13, 2023 study session, staff worked with the planning commission to draft a zoning ordinance in 2024 that proposes to: 1. Replace the existing five residential zoning districts with four new neighborhood districts. 2. Allow more housing types in the neighborhood districts. 3. Revise performance standards such as lot size, setbacks, height, and impervious surface limits. The zoning code changes allowing smaller lot sizes and additional housing types, as proposed, will require amendments to the 2040 comprehensive plan to: 1. Adjust the descriptions and density ranges allowed for the residential land use categories. 2. Amend the 2040 future land use map. 3. Amend tables to reflect the changes to the 2040 future land use map. Additional community engagement occurred in the months of June, July and December in 2024 when more detail of the city’s proposed was available. Staff and planning commission then continued to refine the proposals and completed the draft zoning ordinance and 2040 comprehensive plan amendments. Supporting documents: Discussion, draft zoning ordinance, existing and proposed zoning maps, draft comprehensive plan amendment, comments received from the December 19, 2024 open house. Not attached, but as a link: September 9, 2024 city council agenda with outreach results, Prepared by: Gary Morrison, zoning administrator Laura Chamberlain, senior planner Reviewed by: Sean Walther, planning manager/deputy community development director 13 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Discussion Background – zoning ordinance amendment. The draft ordinance consists primarily of amendments to the following four articles/divisions. Although additional administrative amendments will be made throughout the zoning ordinance to replace the current names of the residential districts with the new “neighborhood” district names and redirect references from one section of code to others as needed and resulting from the proposed amendments and address how substandard lots are handled in article III. A summary of the proposed changes is as follows: 1. Article 1-General. This consists of general information that applies to the entire zoning ordinance such as definitions. Adds definitions for new housing types, and many definitions that are currently scattered throughout the zoning ordinance are now consolidated into this one list of definitions. 2. Article IV, Division 1 – Generally. This replaces the existing residential district names with the proposed neighborhood district names. No substantial changes to this division. 3. Article IV, Division 2 – Land Use. This division is updated to include the new housing types. 4. Article IV, Division 4 – Residential District Standards. This division replaces the current Article IV, Division 4 in its entirety, and this is where the bulk of the changes to the zoning districts are found. These changes include: a. Replacing the existing five residential zoning districts with four new neighborhood zoning districts. b. Adding additional housing types to each of the proposed neighborhood zoning districts. This will result in adding two-unit, three-unit dwellings, and courtyard cottages to areas of the city that are currently single-unit housing only. c. Reducing lot sizes and in some cases setbacks. d. Establishing a maximum impervious surface ratio. e. Reducing the overall size of the zoning ordinance. f. Making the ordinance more accessible to the public by presenting the regulations in an easy to read format. 14 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts The changes proposed by the ordinance are summarized as follows: 1. Consolidate the current five residential zoning districts into four neighborhood zoning districts as follows: 2. Allow for a variety of housing types in each of the proposed neighborhood zoning districts as follows: 15 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts 3. Allow for a variety of lot sizes depending on the housing type and whether or not the property is adjacent to an alley as follows: 16 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts 4. Provide various dimensional standards that are specific to the housing types as follows: 17 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts 5. The lot size and dimensional standards information shown above is provided in table format, which is a new feature proposed for the zoning ordinance. The tables make the information easier to read and compare to other housing types and districts. 18 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts 6. In addition to the changes above, staff propose the following amendments that are either new to the zoning ordinance or amendments to existing zoning regulations. The following changes are proposed as updates and to provide consistent regulations for standards applying to similar uses. a. Establish an overall maximum impervious surface limit of 60% for properties with housing types ranging from one unit to three units and for courtyard cottages, 75% for four-units and small townhomes, and 80% for all others. b. Accessory dwelling units. The ordinance authorizing ADUs was adopted in 2020. The ordinance proposes the following amendments to help facilitate construction of ADUs: i. Remove the requirement that the initial construction of an accessory dwelling unit must only occur on a property that is occupied by the property owner as their primary residence. ii. Reduce the rear yard from 15 feet to five feet. The five-foot rear yard would be consistent with the existing five-foot side yard requirement. c. Group daycares, education, and places of worship. These are similar uses allowed in the neighborhood districts, yet they have varying setback requirements. The ordinance proposes to apply consistent setbacks to each of these for structures and play areas. d. Non-statutory group homes. Non-statutory group homes are currently permitted with conditions within all residential zoning districts. The conditions applied to them, however, vary from district to district. The ordinance proposes standards that will be consistently applied to the N-1 and N-2, and consistent standards applied to the N-3 and N-4 districts. e. Add group daycares as a permitted use in the neighborhood districts. This is proposed because group daycares are an important component of neighborhoods and their operation and appearance are similar to schools and places of worship, which are also permitted in the neighborhood districts. f. Require properties with alley access to utilize the alley instead of the street for access. This requirement applies to all new construction or housing type conversions only. Existing dwellings that do not comply with this requirement are allowed to continue as conforming use. g. Limit the percentage a garage door can occupy of the street facing façade to 50% and require the garage door to be setback from the front façade of the principal building. This is a design requirement that will help preserve the architectural emphasis being on the front door of the principal building instead of the accessory garage door. 19 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Zoning map. The zoning ordinance would consolidate the five existing residential zoning districts into four new neighborhood zoning districts. Therefore, the map needs to be amended. Generally speaking, the changes to the map: 1. Consolidate the current R-1 single-family, R-2 single-family, and the R-3 two-family residential zoning districts to the N-1 and N-2 zoning districts. 2. Convert the R-4 multiple-family residence district to the N-3 neighborhood district. 3. Convert the RC high-density multiple-family residence district into the N-4 neighborhood district. 4. Focus the N-2 neighborhood district along key transportation corridors and surrounding several neighborhood commercial nodes. A copy of the current and proposed zoning maps are attached for your review. 20 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Community engagement. The community engagement opportunities began in 2023 with a survey to gauge community support levels for various housing types. There were 317 respondents, and they generally favored smaller housing types. Community engagement continued with open houses, social media posts, an article in the Park Perspective and email notifications. They outreach is summarized below. The written comments received from each of these activities were presented to the planning commission and city council. They can be viewed by clicking on the September 9, 2024 city council agenda link located on the first page of this report. The comments are at the end of that document. Comments received. There were a variety of comments speaking in favor of the zoning ordinance amendment and comments expressing concerns. Those in favor of the ordinance noted the addition of the housing types and believed it was time for St. Louis Park to add the missing middle housing types. Others expressed concerns about property values and impact to the neighborhood. Staff’s response to each of these concerns is summarized below. Comments received - property value. Many comments received expressed concerns that the ordinance will decrease property values if a duplex or triplex were constructed next or near to a single unit dwelling. It was noted during the outreach that St. Louis Park’s first zoning ordinance allowed single and two-unit dwellings in all its low density residential zoning districts. As a result, there are duplexes scattered throughout the city’s currently single-family only zoning districts. Many of these two-unit dwellings exist as legal, non-conforming uses. The fact that there are two-unit and three-unit dwellings dispersed in the single-family only zoning districts allowed the city assessor and the geographic information systems coordinator to plot the relationship of a single-unit dwellings’ values compared to their proximity to two-unit and three-unit dwellings. This data shows that there is no correlation. The median property value stayed the same regardless of proximity to a two-family dwelling. Therefore, there is no data that supports the concern that property values will decline if a duplex or triplex is constructed adjacent or near to a single unit dwelling. Comments received – visual impact. Some concerns were expressed about how a duplex or triplex would look when constructed on a block with single-unit dwellings. Staff shared that two- and three-unit dwellings must fit within the same footprint, yard and height requirements that are allowed for single-unit dwellings. To illustrate this point, below are some images of housing types that currently exist in St. Louis Park or have recently been constructed in Minneapolis, and an illustration of how the housing type could fit on a proposed lot size. The contemporary, local market, new construction example images show how two- and three-unit dwellings could blend into an existing St. Louis Park single-unit neighborhood. 21 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Two-unit dwelling. These images show a recently constructed duplex in Minneapolis and a duplex that was constructed in St. Louis Park around 1900. The duplex in Minneapolis is a 2 ½ story dwelling and the duplex in St. Louis Park is two stories. Three-unit dwelling. This image shows a three-unit dwelling recently constructed in Minneapolis. It is a 2 ½ story building and is an example of what could be constructed in St. Louis park and how it would fit within the proposed neighborhood districts. 22 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Summary of community engagement opportunities. The variety of online and in-person community engagement offered and ways these were publicized are summarized below: • Communication of the public input opportunities was sent to all households via information in the Park Perspective city newsletter that is mailed to every address, as well as posts placed on social media platforms and information boards displayed at Ecotacular as part of Parktacular (with a QR code for people to link to the online project page and input opportunities). • Emails were sent to the 1,417 people that that signed up for updates. • A virtual meeting in June 2024 introduced the proposed residential zoning updates as well as background zoning/housing information and explained how to use the online input tools; a recording of the presentation portion of the meeting was available afterward on the online project page. • Seven in-person open houses were offered at multiple locations and times of the day and days of the week. These were conducted during June and July of 2024. • Information boards were displayed at Parktacular/Ecotacular, which included a QR code for people to link to the online project page and input opportunities. Planning and zoning division staffed the table at this event. • An online interactive proposed zoning map allowed people to leave their comments and respond to others’ comments about specific locations on the proposed zoning map. 23 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts • Short online surveys allowed people to provide their input related to each of the four proposed districts and the additional standards for some of the housing types. • A press release was sent to the Sun Sailor, the city’s official newspaper. A final open house was conducted on December 19, 2024. This open house was advertised in the Park Perspective, which is mailed to all residents within the city. It was also advertised on the project webpage and through social media. And an email was sent to those signed up for updates on the zoning code update and to those that signed up for general news from the city. In total 9,000 emails were sent letting people know about the zoning ordinance update and the December 19, 2024 open house. There were 624 visits to the project webpage on the city website as a result of the article about the zoning code update in the Park Perspective and the 9,000 emails. People were encouraged to attend the open house and/or submit written comments. Sixteen comments were made at the meeting. An additional 9 comments were received by email following the open house. These comments are attached to the report. Overview of community engagement and input. The community engagement is summarized below. It describes the various community engagement activities, level of involvement, comments received and key takeaways. The following is a breakdown of how people responded: • Online project information accessed by 400+ people • Online survey – 61 responses • Online proposed zoning map – 32 comments • In-person open houses – 29 attendees • Virtual meeting – 5 attendees Additionally, the city made several posts to our various social media platforms. The table below lists the dates posts were made on the platforms, the likes, shares, and number of comments received. The comments are attached at the end of the report. Facebook -Date Comments Shares 6/6/2024 19 0 6/21/2024 3 0 7/9/024 45 5 7/27/2024 6 11 Instagram-Date Comments 6/6/2024 10 6/21/2024 0 7/9/2024 2 7/27/2024 3 LinkedIn-Date Comments Reposts 24 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts 6/6/2024 0 0 6/21/2024 0 1 7/9/2024 0 0 Nextdoor-Date Comments 6/13/2024 10 6/21/2024 0 In addition to the comments provided to the social media posts, comments were also submitted on the zoning code update story map available on the city website. Story map provided an interactive map and the ability to leave comments directly onto the proposed zoning map. The surveys provided the ability to comment specifically about each zoning district, and the online zoning map provided the ability to comment on specific areas of the city. A variety of comments were received that center around the following: • Concern was expressed about adding additional housing types to the existing single- family only zoning districts. • Support was expressed about adding additional housing types to the existing single- family only zoning districts. • Support was expressed for additional housing types along transportation corridors. • Some areas were encouraged to be zoned for N-2 instead of N-1. (See zoning map for the location of these comments.) The survey included an opportunity to rate on a scale of 1-5 (1 being the lowest) their level of support for the question asked. The average level of support on the scale for each proposed district is as follows: • N-1: 2.9 • N-2: 4.2 • N-3: 4.3 • N-4: 3.5 Background – comprehensive plan amendment. Introducing smaller lot sizes and additional housing types will require an amendment to the 2040 comprehensive plan to amend the allowed densities for the land use districts as described below. The 2040 Comprehensive Plan sets forth several goals and policies that were the basis for this proposed zoning code update. The goals and policies are summarized below. The proposed amendments to the comprehensive plan are attached at the end of the report. In summary, the comprehensive plan amendment proposes to: 1. Change the density allowed in each of the three residential land use designations as follows: Land Use Designation Current Density Range Proposed Density Range RL – Low Density Residential 3 to 10 units/acre 3 to 18 units/acre RM – Medium Density Residential 6 to 30 units/acre 18 to 30 units/acre RH – High Density Residential 30 to 75 units/acre 30 to 75 units/acre* *Up to 125 units/acre through PUD or zoning density bonuses. 25 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts 2. Amend the land use descriptions to include the additional housing types proposed in the comprehensive plan and zoning ordinance amendment. This amendment will result in: a. The RL land use designation reflecting the housing types allowed in the N-1 neighborhood zoning district. b. The RM land use designation reflecting the housing types allowed in the N-2 neighborhood zoning district. c. The RH land use designation reflecting the housing types allowed in the N-3 and N-4 neighborhood zoning districts. 3. Amend the land use map to be consistent with the proposed zoning map. The most notable change is guiding the land adjacent to the transportation corridors from RL to RM. This change reflects the proposed zoning map which shows the N-2 neighborhood zoning district along these corridors. Larger maps are attached at the end of the report. 26 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts 4. Amend the table showing the acreage of each of the land use designations. The changes are as follows: Land Use Designation Current Acres* Proposed Acres* Difference (acres) RL - Low Density Residential 2,484.23 2,419.33 -64.90 RM - Medium Density Residential 381.36 445.36 64.00 RH - High Density Residential 219.46 214.56 -4.90 MX - Mixed Use 52.81 52.81 0.00 TOD - Transit Oriented Development 82.62 82.62 0.00 COM - Commercial 254.26 256.56 2.30 OFC - Office 212.16 212.26 0.10 BP - Business Park 103.65 103.65 0.00 IND - Industrial 199.64 187.44 -12.20 CIV - Civic 204.38 205.38 1.00 PRK - Park and Open Space 561.79 578.19 16.40 ROW - Right of Way 1,502.14 1,500.34 -1.80 RRR - Railroad 150.80 150.80 0.00 Water/Wetlands 499.44 499.44 0.00 Total 6,908.74 6,908.74 0.00 *All acreages are net The above changes to the comprehensive plan are supported by the city council strategic priorities and the land use goals and strategies of the comprehensive plan as outlined below. Strategic Priorities St. Louis Park is committed to providing a broad range of housing and neighborhood-oriented development. • Providing more diverse and creative housing choices to meet the needs of current and future residents while preserving existing affordable housing. • Fostering and facilitating reinvestment and redevelopment of neighborhood-oriented businesses and services. • Promoting locally owned small business, especially in indigenous, immigrant and communities of color. • Conducting research to further understand what people want and need access to in the community, i.e., food, services, housing options, business opportunities, gathering spaces. Land Use Goals and Strategies Livable Communities Goal #2: Promote building and site design that creates a connected, human scale, multi-modal, and safe environment for people who live and work here. A. Encourage quality design in new construction such as building orientation, scale, massing, and pedestrian access. B. Encourage new buildings to orient to walkable streets with appropriate building height to street width ratios. 27 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Residential Land Use Goal #1: Create a mix of residential land uses and housing types to increase housing choices, including affordable housing, and increase the viability of neighborhood services through redevelopment or infill development. A. Engage the community to determine how to allow a broader range of housing types and densities within and adjacent to existing low density residential neighborhoods that are complementary and compatible with the existing neighborhood character. B. Promote and support the development of medium and high density residential land uses near commercial centers and nodes. C. Ensure that new and redeveloped medium and high density residential land uses are located within walking distance of transit and commercial services. D. Engage the community to explore how to increase the mix of housing types near transit corridors, parks and commercial nodes/corridors. Residential Land Use Goal #2: Preserve and enhance the livability and unique character of each neighborhood’s residential areas. Housing Goals and Strategies Housing Goal #1: The City of St. Louis Park will promote and facilitate a balanced and enduring housing stock that offers a continuum of diverse life-cycle housing choices suitable for households of all income levels including, but not limited to affordable, senior, multi- generational, supportive and mixed-income housing, disbursed throughout the city. A. Create a broad range of housing types to provide more diverse and creative housing choices to meet the needs of current and future residents. B. Review existing policies, programs and regulations to remove barriers to innovative and creative housing options. C. Ensure new housing policies promote fair and equitable housing choices. D. Use data and research to guide and evaluate housing priorities, policies, and programs. E. Use infill and redevelopment opportunities to assist in meeting housing goals. F. Create policies, tools and strategies to promote the goals of the city’s Climate Action Plan, encouraging energy efficiency and reducing energy consumption in residential properties. G. Create senior housing opportunities: both market rate and affordable, homeownership and rental, and active and supportive. Housing Goal #2: The city is committed to creating, preserving, and improving the city’s single- family housing stock. A. Promote the creation of family-sized, owner-occupied, single-family homes that meet the needs and desires of current and future residents through the expansion of existing homes and through construction of new homes. B. Proactively address substandard housing properties through code enforcement and public or private redevelopment activities such as acquisition, demolition and housing replacement. 28 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts C. Promote high-quality architectural design standards of homes through the use of good design practices which are complementary and compatible with the neighborhood, utilizing quality materials and superior construction. D. Allow for Accessory Housing Units (AHUs) in all low density residential areas. E. Allow for two-family dwelling units (twin homes and duplexes) on appropriately- sized lots in low density residential areas. Housing Goal #3: The city is committed to promoting quality multi-family developments, both rental and owner occupied, in appropriate locations, including near transit centers, retail and employment centers and in commercial mixed use districts. A. Promote the preservation and maintenance of existing multi-family housing stock. B. Promote high-quality architectural design in the construction of new multi-family developments. C. Be proactive in analyzing and guiding redevelopment opportunities for multi- family developments. D. Increase densities and housing options on high- frequency transit routes and near rail stations. Housing Goal #4: The city is committed to creating, preserving and improving the city’s rental housing stock. A. Ensure rental housing is well-maintained and safe through policies and programs for property owners including building inspections, education and rehabilitation resources. B. Promote the inclusion of family-sized units (2 and 3 bedroom) in newly constructed multi- family developments. C. Minimize the involuntary displacement of people of color, indigenous people and vulnerable populations, such as low-income households, the elderly and people with disabilities from their communities as neighborhoods grow and change. Housing Goal #5: The city is committed to promoting home ownership, including affordable homeownership options and exploring traditional and non-traditional owner-occupied housing options such as: row houses, courtyard housing, high-rises, live-work units, three-story homes, co-housing, Land Trust, Habitat sponsored homes, and multi-generational housing. A. Promote and facilitate a balanced and sustainable housing stock to meet diverse needs for today and in the future. B. Continue promoting first-time home buyer, homeownership counseling, down payment, and other assistance programs. C. Expand homeownership opportunities and improve access to homeownership, especially for low-income residents, people with disabilities, and people of color. D. Explore strategies and tools to prevent loss of affordable homeownership opportunities, especially near light rail transit station areas. 29 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Housing Goal #6: The city is committed to promoting affordable housing options for low- and moderate-income households. A. Ensure affordable housing is disbursed throughout the city and not concentrated in any one area. B. Continue to support the preservation of naturally-occurring affordable housing. C. Promote the inclusion of affordable housing in new developments, including those located near the Southwest Light Rail Transit Corridor and other transit nodes, retail and employment centers and commercial mixed-use districts. D. Pursue policies, tools and programs to ensure long-term housing affordability for households at or below 30, 50, 60 and 80% of AMI. Next step: If the planning commission recommends approval of the draft ordinance, then the ordinance will be forwarded to the city council for consideration. 30 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts ATTACHMENTS: Draft zoning ordinance The following draft ordinance shows mark-ups in the following articles which identify the specific changes: Articles 1 Article IV Division 1 Article IV Division 2 Article IV Division 4 is a comprehensive change of the residential zoning districts converting them from the current residential districts to the proposed neighborhood districts. Additionally, article IV division 4 introduces a new format utilizing tables to display the data. Therefore, article IV division 4 is does not show the changes like the first three articles do. Instead it is a complete replacement of article IV division 4 in its entirety. 31 ARTICLE I. IN GENERAL Division 1. INTRODUCTORY PROVISIONS Sec. 36-1. Findings The city council finds it necessary to accomplish the following: (a) Protect the residential, business, industrial and public areas of the community and maintain their stability. (b) Promote the most appropriate and orderly development of the residential, business, industrial and public areas. (c) Provide adequate light, air and convenient access to property. (d) Limit congestion in the public rights-of-way. (e) Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. (f) Provide for compatibility of different land uses. (g) Require that development proceed according to the principles, goals, objectives, implementation strategies, and land use designations established in the city's comprehensive plan. (h) Maintain a tax base necessary to the economic welfare of the city by insuring optimum values for property in the city. (i) Enhance the aesthetic character and appearance of the city. (j) Conserve natural resources and environmental assets of the community. (k) Provide adequate off-street parking and loading facilities. (l) Define the powers and duties of the board of zoning appeals and the planning commission. (m) Provide effective administration of this chapter and any future amendments to the ordinance from which this chapter is derived and prescribe penalties for the violation of its requirements. (n) Establish a continuing system of review of this chapter to ensure it will be amended to meet the changing needs of the community and advances in science and the arts. (Code 1976, § 14:1-1.2) Sec. 36-2. Purpose and intent of chapter. (a) To implement these findings, the city council, through this chapter, establishes minimum requirements to protect the public health, safety, morals, comfort, convenience and general welfare of the people. This chapter shall divide the city into use districts and establish regulations which control the location, erection, construction, reconstruction, alteration and use of structures and land. (Code 1976, § 14:2) 32 St. Louis Park Zoning Code Sec. 36-3. Rule of construction. (a) Construction. The following rules of construction govern the interpretation of the language of this chapter: (1) The singular number includes the plural and the plural the singular. (2) The present tense includes the past and future tenses and the future includes the present. (3) The word "shall" is mandatory, and the word "may" is permissive. Whenever a word or term which is defined in this chapter appears in the text of this chapter, its meaning shall be that stated in the chapter definition. Words or terms which are not defined in this chapter shall have the meaning found in the most recent edition of Webster's Unabridged Dictionary. Words not defined in that dictionary shall have their ordinary, usual meaning at the time the word or term is being applied to a zoning question or situation. General words are construed to be restricted in their meaning by preceding particular words. (b) Interpretation. The following rules apply to determine the boundaries of a zoning district or the status of a land use: (1) Zoning district boundaries. a. In determining the location of zoning district boundaries, the zoning administrator shall consider the provisions of section 36-114. If these provisions are not applicable and distances and dimensions are not labeled, the zoning administrator shall determine the location of the line by scaling from the official copy of the zoning map. b. If the zoning administrator determines the location of the zoning district boundary along a line which passes through a building or structure, the boundary line shall be adjusted so that the line falls outside of the building or structure at a location most compatible with the purpose and intent of this chapter. (2) Land use. a. The only uses which can be made are those uses listed in the district and these are permitted only in the manner described by this chapter. b. Any person seeking to establish a use of land or a building which is not specifically listed in any of the use categories in this chapter may ask the zoning administrator which category of use shall be applied. The zoning administrator's decision will establish whether the proposed use is permitted under any of the categories in this chapter. The zoning administrator shall consider functional similarities between uses listed in this chapter and the proposed use including nuisance characteristics, traffic, appearance and mode and hours of operation in making this determination. The determination of the zoning administrator shall be in writing and shall include a statement whether the use is designated as "permitted," "permitted with conditions," "permitted as a conditional use" or "permitted as an accessory use." If the zoning administrator determines that the proposed use is not permitted under any category, that conclusion shall be stated in the written determination. 33 St. Louis Park Zoning Code (3) Appeal. Any decision of the zoning administrator determining zoning district boundaries or permitted land uses may be appealed to the board of zoning appeals under the provisions of subsection 36-31(a). (4) Performance time; delivery and filing time. Where the performance or doing of any act, duty, matter, payment or thing is ordered or directed and the period of time or duration for the performance or doing thereof is described and fixed by this chapter, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation. When an application, payment, drawing, contract or other document is to be delivered to or filed with any department of the city or other unit of government on or before a prescribed date and the prescribed date falls on a Saturday, Sunday, or legal holiday, it is timely delivered or filed if it is delivered or filed on the next succeeding day which is not a Saturday, Sunday, or legal holiday. (5) Purpose of interpretation and construction of chapter. The object of all interpretation and construction of this chapter is to ascertain and effectuate the intention of the city council. This chapter shall be construed, if possible, to give effect to all the chapter provisions. When the words of this chapter in their application to an existing situation are clear and free from all ambiguity, the letter of this chapter shall not be disregarded under the pretext of pursuing the spirit. a. When the words of this chapter are not explicit, the intention of the city council may be ascertained by considering, among other matters: 1. The occasion and necessity for this chapter or specific provision. 2. The circumstance under which it was enacted. 3. The mischief to be remedied. 4. The object to be attained. 5. The former zoning ordinance. 6. The consequences of a particular interpretation. 7. Administrative interpretations of this chapter and interpretations by the board of zoning appeals and the city council. b. In ascertaining the intention of the city council, the following presumptions apply: 1. The city council does not intend a result that is absurd, impossible of execution, or unreasonable. 2. The city council intends the entire chapter to be effective and certain. 3. The city council does not intend to violate the Constitution of the United States or the state constitution. 4. The city council intends to favor the public interest as against any private interest. (6) Grammatical errors. Grammatical errors shall not destroy the application of this chapter. A transposition of words and clauses may be resorted to when a sentence is 34 St. Louis Park Zoning Code without meaning as it stands. Words and phrases which may be necessary to the proper interpretation of this chapter and which do not conflict with its obvious purpose and intent, nor in any way affect its scope in operation, may be added in the construction thereof. (7) Provisos. Provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer. Exceptions expressed in this chapter shall be construed to exclude all others. (8) Penalty; forfeiture. When a penalty or forfeiture is provided for the violation of this chapter, such penalty or forfeiture shall be construed to be for each such violation. Each day that a violation exists shall constitute a separate violation. (9) Provision conflicts. When a general provision of this chapter conflicts with a special provision in this chapter, the two shall be construed if possible so that effect shall be given to both. If the conflict between the two provisions is irreconcilable, the special provisions shall prevail and shall be construed as an exception to the general provision unless the general provision was enacted subsequent to the special provision and it shall be the manifest intention of the city council that such general provisions shall prevail. When several clauses are irreconcilable, the chapter clause last in order of date or position shall prevail. When the provisions of two or more amendments to this chapter passed at different dates are irreconcilable, the amendment latest in date of final enactment shall prevail. (10) Amendment. When a section or part of the ordinance from which this chapter is derived is amended, the amendment shall be construed as merging into the original ordinance, becoming a part thereof, and replacing the part amended, and the remainder of the original ordinance and the amendment shall be read together and viewed as one ordinance passed at one time. The portions of this chapter which were not altered by the amendment shall be construed as effective from the date of the first enactment, and the new provision shall be construed as effective only from the date when the amendment became effective. When this chapter adopts the provisions of state statute by reference, it also adopts by reference any subsequent amendments of that statute except when the intent of the city council is clearly to the contrary. If two or more amendments to the same provision or this chapter are enacted at the same or at different times, one amendment overlooking and making no reference to the other, the amendments shall be construed together if possible and effect be given to each. If the amendments are irreconcilable, the amendment latest in date of final enactment shall prevail. (11) Appendix. The appendix is for information purposes only and is not intended to govern. (12) Diagrams. Diagrams, where provided, are intended to be illustrative only and may not be drawn to scale. Where a conflict exists between a diagram and text, the text shall prevail. (c) Separability. Provisions in this chapter are separable if the following events occur: (1) If a court of competent jurisdiction finds any provision of this chapter to be invalid, that judgment shall not affect any other provision of this chapter not specifically included in the judgment. 35 St. Louis Park Zoning Code (2) If a court of competent jurisdiction finds the application of any portion of this chapter to a particular property, building, or other structure invalid, that judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment. (3) If a court of competent jurisdiction finds any individual condition of a conditional use permit invalid, that judgment shall not invalidate any other condition of the same conditional use permit not specifically included in such judgment nor shall it invalidate the application of the same condition in any other conditional use permit. (d) Jurisdiction and authority. (1) This chapter is enacted under the authority granted to the city in state statutes. If those statutes are amended to restrict or enlarge the authority delegated to the city, those amendments shall be incorporated into this chapter. (2) Any action by the city to extend the time limit to process a zoning application in accordance with Minn. Stat 15.99, as amended, may be taken administratively without city council approval. (3) This chapter governs the use of all land and structures in the city unless such regulation is specifically preempted by state or federal statutes or regulations. (Ord. No. 2419-12, 9-14-12) (e) Application. (1) Minimum requirements. The provisions of this chapter are the minimum requirements for the promotion of the public health, safety, morals and general welfare. (2) More restrictive applications. Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any other applicable law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall control. (3) Mixed use. All regulations applicable to each use in a mixed-use development shall be applicable, except where the mixed use is approved under section 36-367 or where parking is approved under subsection (b)(2)l. of section 36-361. (4) Essential services. Essential services shall be permitted as authorized and regulated by state law and ordinances of the city. Such essential services are exempt from the application of this chapter, except when they are conducted in the FW, FF and FP overlay districts. (5) Measurement. All measured distance expressed in feet shall be to the nearest tenth of a foot. The measurement of distances when required by this chapter shall be done in a straight line in the plane located at a point one foot above the highest point in the surface of the ground along the path of measurement, from the closest exterior wall (extended vertically if a cantilever) of a building containing the use to the property line of the adjacent street, district, or lot or other boundary line. If the use is not within a building, the measurement shall be the shortest distance from the location of the use to the property line of the adjacent street, district, or lot or other boundary line. 36 St. Louis Park Zoning Code (Code 1976, § 14:2-0; Ord. No. 2419-12, 9-14-2012) Sec. 36-4. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandonment means to cease or discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. Abutting means having a common border or boundary with or being separated from such a common border by an alley. This term is used interchangeably with adjacent and adjoining. Access aisle and aisle mean the traveled way by which vehicles enter and depart parking spaces. Accessory use or structure means a use or a structure subordinate to the principal use or structure on the same land and customarily incidental thereto. Accessory building means a detached building subordinate to the principal building, the use of which is incidental to that of the principal building or to the use of the premises. Examples include, but are not limited to, garages, storage sheds and gazebos. In the case of an accessory structure building, both the building footprint and building height of an accessory building are smaller than the principal building. Accessory structure means a structure subordinate to the principal building, the use of which is incidental to that of the principal building or to the principal use of the premises. Examples include, but are not limited to, decks, fencing, and landscape features such as a pergola. Adjacent means having a common border or boundary with or being separated from such a common border by an alley. This term is used interchangeably with abutting and adjoining. Adjoining means having a common border or boundary with or being separated from such a common border by an alley. This term is used interchangeably with abutting and adjacent. Alley means a public right-of-way, with a width not exceeding 24 feet nor less than 12 feet which affords a secondary means of access to property abutting the alley. Alteration means any change, addition, or modification in construction or occupancy of an existing structure or modification to the surface of the ground. 37 St. Louis Park Zoning Code Basement means that portion of the building having more than half the ground floor-to- ceiling height below the average grade of the adjoining ground. Berm means a land alteration where fill is added to the surface of the ground in order to create an earthen mound or hill generally used in conjunction with walls, fences, or plant materials to screen one parcel of land from another or from a street. Block front means the distance between intersections along one side of a street. Boardinghouse means a building other than a motel or hotel where for compensation or by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons. Boulevard means that portion of a street right-of- way between the curbline and property line. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or personal property. Building face means that portion of the exterior wall of a structure which shall lie in a vertical plane. One face shall be terminated by an exterior angle of at least 210 degrees formed by two exterior walls each being at least 18 feet in length or a curved portion of such exterior wall which shall have a central angle of 30 degrees or more. 38 St. Louis Park Zoning Code Building face, front, means the elevation of a principal building that is oriented toward the front lot line of an interior lot. On a corner lot, the front building face may be oriented toward the front lot line or a side lot line adjacent to a street. The front face of the principal building contains an entry to the building and that entrance is more architecturally prominent when viewed from public streets. Said entrance does not include an overhead garage door. When it is ambiguous, the zoning administrator determines which is the front face of the building. Building face, rear, means the elevation of a principal building that is opposite the front face of the same principal building. Caliper inch means a unit of measurement describing the diameter of a tree measured one foot above the finished grade level. Canopy tree means a deciduous tree planted primarily for its high crown of foliage or overhead canopy. Carport means a space for the housing or storage of motor vehicles and enclosed on not more than two sides. Channel means the natural or artificial depression of perceptible extent along Minnehaha Creek with a definite bed and bank to confine and conduct flowing water, either continuously or periodically. City means the City of St. Louis Park, a municipal corporation, along with its duly authorized boards, commissions and representatives. Commercial vehicle. A motor vehicle is a commercial vehicle if: (1) The vehicle is a dumptruck, a step van, a tow truck, a semitractor or trailer, a tank truck, a tractor, a bus, a cargo truck, a construction vehicle or equipment, an earth- moving vehicle or equipment, a van or pickup with a manufacturer's nominal rated carrying capacity of more than one ton, or any other vehicle which is used in connection with commercial activities; (2) Commercial equipment has been added to the vehicle such as winches or snow plows; (3) Commercial racks have been added to the vehicle for the purpose of holding equipment or materials; (4) The vehicle is a pickup with a nonstandard pickup box; or (5) The vehicle is a trailer loaded with another commercial vehicle or commercial equipment. Conditional use means a specific type of structure or land use which is permitted by this chapter only after an in-depth review procedure set forth in section 36-33 and with appropriate conditions or restrictions as provided in this chapter and upon finding that: (1) Certain conditions as detailed in this chapter exist; and (2) The structure and land use conform to the comprehensive plan and are compatible with the existing neighborhood. Condominium means an estate of real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a 39 St. Louis Park Zoning Code separate interest in space in a building. A condominium may include, in addition, a separate interest in other portions of such real property, such as garage space or in the case of cluster development, a townhouse or cluster development lot. Curb level means the grade elevation, as established by the city, at the curb in front of the center of the building. Where no curb level has been established, the director of public works shall determine a curb level or its equivalent for the purpose of this chapter. Customer floor area means that part of the gross floor area of a commercial establishment used by and accessible to the public, except public restrooms. Deciduous means a plant with foliage that is shed annually. Density means the number of dwelling units permitted per acre of net lot area.net acre of land. Designed Outdoor Recreational Area means designed outdoor space intended for passive or active recreation accessible and suited to the needs of residents and/or employees. The area shall be functional and aesthetic, designed with clear edges, relate to the principal building or buildings, include sidewalk connections, seating, landscaping, and other amenities. The area should be compatible with or enlarge upon existing pedestrian links and public parks or open space and may include swimming pools, tot lots, courtyards, plazas, picnic areas, and trails within natural areas. Outdoor recreational areas shall not include driveways, parking areas, steep slopes, or ponds designed solely for stormwater retention. Development means all structures, land uses, and other modifications of the existing landscape above and below ground or water, on a single parcel, or on more than one parcel if covered by a single planned unit development or conditional use permit. Diameter at breast height (DBH) means the diameter of a tree measured at a height of 4 1/2 feet from the ground level. District. See the definition, "Use district." Driveway means an improved access which connects an off-street parking space to the public right-of-way. Dog kennel means any premises where four or more dogs, over four months of age, are owned, boarded, bred or offered for sale. Drip line means a vertical line extending from the outermost branches of a tree to the ground. Dwelling means a building, or one or more parts of a building occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, trailers, tents, cabins or trailer coaches. Dwelling unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Easement means the grant of one or more of the property rights by the owner to, or for the use by, the public, public utility, corporation, or another person or entity. 40 St. Louis Park Zoning Code Effective date of the ordinance from which this chapter is derived means December 31, 1992, the effective date of Ordinance No. 92-1902. Enclosed pedestrian walkway means an enclosed link at or above grade between two buildings on the same or separate lots designed solely for the purpose of transporting pedestrians. Equal degree of encroachment means a method of determining the location of encroachment lines so that the hydraulic capacity of floodplain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to floodplain encroachments. Essential services include, but are not limited to, underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, fire alarm boxes, police call boxes, traffic signals, hydrants, or other equipment and accessories in conjunction therewith, bridges, roads, and railroads. Evergreen means a plant with foliage that persists and remains green year-round. Excavation means the removal of soil, rock, minerals, debris or organic substances other than vegetation from a parcel of land. Expansion means an increase in the floor area or volume of an existing building. Facade means the exterior wall of a building exposed to public view Family means one of the following (1) Any group of people living together as a single housekeeping unit, all of whom are related by blood, marriage, or adoption plus children who are under foster care. (2) Up to four people not so related, living together as a single housekeeping unit. (3) Any group of people living together as a single housekeeping unit, if no more than two adult members function as the heads of the household group and the remaining members are dependent upon them for care and direction due to age, physical disability, a mental incompetency or for other reasons. (4) Any individual, who is the owner, living and maintaining a common household and using a common cooking and kitchen facility. Fence means any artificially constructed barrier of any material or combination of materials erected to enclose, divide or screen areas of land. Filling means the placement of sand, gravel, earth or other materials of any composition on a parcel of land. Also see the definition, "Land reclamation." Floor area means the sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, attics, penthouses, and attached accessory buildings. Measurements shall be made from the inside of exterior walls and to the center of interior walls. For the purposes of determining off-street parking requirements, inside off-street parking or loading space is excluded from floor area. Floor area ratio (FAR) means the numerical value obtained by dividing the total floor area of buildings excluding the basement by the lot area on which such buildings are located. 41 St. Louis Park Zoning Code Food waste means all food, including meat, poultry, seafood, dairy, bread, fruits and vegetables, cheese, eggshells, rice, beans, pasta, coffee grounds and filters, tea bags, bones and other plate scrapings, and garden food waste (e.g. tomatoes, pumpkins). Foster family home means a family home where children out of their own homes are cared for 24 hours a day for a period of 30 days or more. Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is situated on the same lot as the principal building used primarily for storing motor vehicles with no facilities for mechanical service or repair of a commercial nature. Grade means the average elevation of the finished ground level at the midpoint of all walls of a building, or in the case of signs, the average elevation of the finished ground level at the base of a sign. This definition includes the terms finished grade and mean ground level. Grading means excavating, filling or other changes in the earth's natural topography, including stockpiling of earth or land. Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 18 inches at maturity. Ground floor area means the lot area covered by a principal building measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed 15 feet in height. Ground F floor T transparency means the measurement of the percentage of a facade that has highly transparent, low reflectance windows at the pedestrian level, measured between 2’ and 8’ above grade. (Ord. No. 2575-19, 11-18-19) Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs. Height, accessory building. A distance to be measured from the first story elevation, as defined by building code, to the highest point of the structure. 42 St. Louis Park Zoning Code Height, – A accessory structure. A distance to be measured from the lowest exterior grade at the base of the structure to the highest point of the structure. Height, Ccommunication Ttowers and Aantennas. The height of a communication tower or antenna which is not attached to a building shall be determined by measuring the vertical distance from the point of contact with the ground of the communication tower or antenna to the highest point of the communication tower, or antenna, including, in the case of a communication tower, all antennas and other attachments. Height, – Pprincipal building. A distance to be measured from either the mean curb level along the front lot line, or from the finished grade level for all that portion of the structure having frontage on a public right-of-way facing the front lot line, whichever is higher, to the ------------------- delete image ------------------------------ 43 St. Louis Park Zoning Code top of the parapet of a flat roof; to the deck line of a mansard roof; to a point on the roof directly above the highest wall of a shed roof; to the upper most point on a round or other arch type roof; or to the mean distance of the highest gable on a pitched or hip roof. Heritage tree means a health deciduous tree measuring 30 inches or greater in diameter at standard height (dsh) or a health coniferous tree measuring 25 inches or greater in dsh. Household. See the definition, “Family.” Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, swimming pools, and other similar structures. Swimming pools shall not be considered impervious. Impervious surface coverage means the amount of the net lot area that can be occupied or encumbered by an impervious surface. 44 St. Louis Park Zoning Code Intensity classification means a measure of the magnitude and impact of a land use on the environment and neighboring land uses. Variables include, but are not limited to, the levels of traffic that are generated, degree of lot coverage, building height, impervious surface, and density of development. Intoxicating liquor license (on-sale) means an on-sale liquor license issued by the city council which permits the sale and consumption on the licensed premises of all types of legal liquor including spirits, wine, and malt liquor. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants. Land reclamation means the reclaiming of land by depositing fill material to elevate the grade. See the definition, "Filling." Level of service means the traffic capacity of an intersection or roadway based upon criteria established by the Institute of Traffic Engineers, as amended periodically. Lot means a parcel of land created by an existing subdivision or described on a deed which has been recorded in the office of the register of deeds or registrar of titles of the county and which is occupied or used or intended for occupancy or use and has common ownership in its entirety. Lot area means the area of a lot in a horizontal plane bounded by the lot lines. Lot area, net means the total lot area excluding area or easement encumbered by a wetland, public waters, public parks and trails, public open space, rights-of-way, and other areas identified or protected by local ordinances such as steep slopes, floodplains, and bluffs. Lot, buildable, means a lot which meets the minimum lot width and area requirements of the use district in which it is located, and which has frontage on a right-of-way for street or alley purposes. If the lot was subdivided as part of a cluster housing development, access to a public street may be by private street. Lot area per family means the number of square feet of lot area required per dwelling unit. Lot, corner, means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at a point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. Lot, interior, means a lot other than a corner lot. Lot line means the property line bounding a lot except that where any portion of a lot extends into the public right-of-way, street easement, or a proposed public right-of-way, the line of such public right-of-way or street easement shall be the lot line for applying this chapter. Lot line, front, means that boundary of a lot which abuts a street. In the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the office of the division 45 St. Louis Park Zoning Code of inspections. If a parcel has multiple sides on more than two street frontages, the front lot line shall be determined by the zoning administrator. Lot line, rear, means a lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. For a lot bounded by only three lot lines, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line, side, means a lot line which intersects with a front lot line. Lot of record means any lot which is one parcel of a plat heretofore or hereafter duly approved and filed, or one unit of an auditor's subdivision or a registered land survey or a parcel of land not so platted, subdivided or registered, for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the register of deeds or registrar of titles for the county prior to the effective date of the ordinance from which this chapter is derived. Ordinance from which this chapter is derived means Ordinance No. 92- 1902 adopted December 7, 1992 and effective December 31, 1992. Lot, substandard, means a lot or parcel of land that does not meet the definition of a buildable lot or does not meet the provisions of section 36-71. Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. Lot width means the horizontal distance between the side lot lines measured at the required front yard line. Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 square feet or more, 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, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under state law. Mining means the extraction and removal of sand, gravel, or other earthen material from a parcel of land. Mobile Ffood Vvehicle means a vehicle or cart used to prepare and serve food and/or beverages. Motor vehicle means every vehicle which is self-propelled. This does not include lawn mowers or snow blowers. Mulch means nonliving organic, synthetic, and rock materials customarily used in landscape design to retard erosion and retain moisture. Nonconforming means a situation where any development, structure, sign, site lighting, off- street parking lot, landscaping, land use or parcel was legally constructed or established prior to the effective date of the ordinance from which this chapter is derived, or subsequent amendment to it, which is not in full compliance with the regulations of this chapter. 46 St. Louis Park Zoning Code Nonconforming parking means parking which legally existed upon the effective date of the ordinance from which this chapter is derived and which did not comply with the numerical requirements of section 36-361 or with the design requirements found in the landscaping section of this chapter. Nonpassenger vehicle means a commercial or recreational vehicle or trailer. Open Llot Aarea means an area of a lot, not located within a front yard or side yard abutting a street that has a minimum dimension of 20 feet in all directions and does not include a building, driveway, outdoor storage, or parking space. Open covered porches, gazebos, decks, and patios are permitted encroachments into the open lot area. Swimming pools are permitted encroachments provided they do not occupy more than 50% of the open lot area. Ordinance from which this chapter is derived means Ordinance No. 92-1902 adopted December 7, 1992 and effective December 31, 1992. Organic material means fFood waste, yYard waste and items such as, but not limited to: non-recyclable paper products, and other compostable items such as full vacuum cleaner bags, dryer lint, tissues and cotton balls, floral trimmings and house plants, and compostable plastics (certified compostable plastic utensils, cups and containers). Ornamental tree means any tree planted primarily for its ornamental value or for screening purposes and tends to be smaller at maturity than canopy trees. Parcel. See the definition, "Lot." Parking space means an improved paved or gravel area on a lot or area within a building intended for parking of a motor vehicle and which has a means of access to a public street. This term is used interchangeably with parking stall and parking facility. Passenger vehicle means an automobile, station wagon, van, sports utility vehicle, minivan, pickup truck, or motorcycle designed and primarily intended for on-street operation. Passenger vehicles do not include commercial vehicles, recreational vehicles, racing cars or stock cars. Performance standards means specified criteria and limitations which are placed on development which are intended to protect the public health, safety, or welfare. Person means an individual, firm, partnership, corporation, company, association, society, joint stock association, or political subdivision of the state including any trustee, receiver, assignee or other representative thereof. Pickup truck means any truck with a manufacturer's nominal rated carrying capacity of one ton or less and commonly known as a pickup or pickup truck and which has a standard manufactured pickup box. A pickup whose standard box is covered with a topper if the topper does not exceed 1 1/2 times the wall height of the standard box is a pickup truck. Playfield means an outdoor facility developed as a baseball diamond, softball diamond, soccer field, football field, or other surface for conducting outdoor recreational activities. Previous zoning ordinance means Ordinance No. 730 adopted December 28, 1959 and all subsequent amendments thereto which were in effect on December 30, 1992. Principal building means a building or group of buildings in which the primary use of a lot is located. 47 St. Louis Park Zoning Code Principal use means the main use and chief purpose of land or structures, as distinguished from a secondary or accessory use. Proof of parking means a method by which an area of a lot other than that area required for yards, landscaping, or any other area required for other purposes by this chapter which is allocated for parking but is not paved or striped. Racing car means a motor vehicle designed or intended for operation on a speedway, racetrack, or other facility used or designed for high-speed contests between two or more vehicles or for timing of speed. Recreational vehicle. (1) Travel trailers include those that telescope or fold down, chassis-mounted campers, house cars, motor homes, tent trailers, slip in campers and converted vans that are motor homes as defined in this definition. (2) Motor home is a vehicle that provides temporary living quarters. A vehicle provides temporary living quarters if it is: a. Not used as the residence of the owner or occupant; b. Used for temporary living quarters by the owner or occupant while engaged in recreational or vacation activities; and c. Self-propelled or capable of being towed on public roads. (3) A nonmotorized trailer intended and generally used for transporting boats. (4) Snowmobiles, all-terrain vehicles, boats and any type of watercraft. Such vehicles which are placed on a utility trailer shall, together with the trailer, be considered a single recreational vehicle. Right-of-way means an area or strip of land, either public or private, on which a right-of- passage has been recorded for the use of vehicles, including trains, or pedestrians or both. Root zone means the part of the soil that is invaded by a plant's roots. Screen means a method of reducing the impact of noise and unsightly visual intrusions by placing vertical elements, such as plants, berms, fences, walls, or any appropriate combination thereof between the incompatible land uses. (Ord. No. 2325-07, 05-07-07) 48 St. Louis Park Zoning Code Self-storage facility means any real property designed and used for the purpose of renting or leasing individual storage space to individuals, organizations, or businesses who are to have access to such facility for the purpose of storing and removing personal property; a self- storage facility is not a warehouse/storage facility. (Ord. No. 2570-19, 9-16-19) Service stall means the area within a motor fuel station or auto repair facility of adequate size to service one motor vehicle. A service stall shall have a maximum floor area of 400 square feet. This term is synonymous with service bay. Shopping center means a group of commercial uses planned, owned, and managed as a unit that has common parking facilities. Shopping centers may include more than one building and more than one contiguous property and owner if approved under a single conditional use permit or planned unit development. This use includes vendor markets. (Ord. No. 2598-20, 11-16-20) Short-term rental means leasing a residential dwelling unit or accessory dwelling unit for a term of less than one month. (Ord. 2596-20, 10-19-20) Shrub means a self-supporting woody perennial plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen, and usually not more than ten feet in height at its maturity. Significant tree means any tree, with the exception of Salix (Willow), Boxelder, Siberian Elm and Black Locust, is considered to be significant under the landscaping section of the zoning ordinance if it is at least five caliper inches for deciduous trees and six caliper inches for conifers. Aspen, Cottonwood or Silver Maple are considered significant if they are at least 12 inches in diameter at 4.5 feet from the ground. (Ord. No. 2325-07, 5-7-07; Ord. No. 2449- 13, 11-15-2013) Site plan means a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land. Solar energy system - building-integrated. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to active photovoltaic or hot water systems that are contained within roofing materials, windows, walls, skylights, and awnings, or passive systems that are designed to capture direct solar heat. Solar energy system - building-mounted. A solar energy system affixed to a principal or accessory building. Solar energy system - freestanding. A solar energy system with a supporting framework that is placed on or anchored in the ground and that is independent of any building or other structure. Garages, carports, or similar structures that incorporate building-integrated or building-mounted solar energy systems shall not be classified as freestanding solar energy systems and shall instead be subject to regulations governing accessory structures. Solar collector surface. Any part of a solar energy system that absorbs solar energy for use in the system's transformation process. The collector surface does not include frames, supports, and mounting hardware. 49 St. Louis Park Zoning Code Solar energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar energy system. A device or structural design feature intended to provide for collection, storage, and distribution of solar energy for heating or cooling, electricity generating, or water heating. Sport court means a hard or paved surface accompanied by sporting equipment such as nets or goals, which is used primarily for the playing of sports such as tennis or basketball. A patio, porch, pool, or driveway shall not be considered a sport court. Stand and standing mean any halting, even momentarily, of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers or property. Stock car means a motor vehicle of standard design and construction which is modified, adapted or altered in any manner to increase its speed or safety, and designed or intended for operation on a speedway, racetrack, or other facility used or designed for high-speed contests between two or more vehicles or for timing of speed. Story means that portion of a building included between the surface of any floor and the surface of the floor next above; or if there is not a floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story. Street means a public or private thoroughfare with a minimum right-of-way width of 24 feet which is used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified in the comprehensive plan by the functions they perform. See illustration following this definition. (1) Local street. Roadways typically having lowest traffic volumes, containing one lane of traffic in each direction whose primary function is to provide access to and from property. (2) Minor collector. Roadways containing one lane of traffic in each direction whose primary function is to provide access to and from neighborhoods and the local street system. (3) Major collector. Roadways containing one or two lanes of traffic in each direction with controlled intersections whose function is to serve long trips within the city and access to and from minor and principal arterials. (4) Minor arterials. Interregional roads containing two lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns, boroughs, or other urban centers and are used to reduce the number of trips on the regional system. Efficient movement is the primary function of a minor arterial road. (5) Principal arterials. Limited access interregional arterial routes containing two or more lanes in each direction. They are designed exclusively for unrestricted movement, have no private access, and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement. 50 St. Louis Park Zoning Code Structure means anything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards and fences. Trailer means any vehicle designed for carrying property on its own structure and for being drawn by a motor vehicle. Trailer bed means that portion of a trailer that is designed to make contact with and bear the weight of the load to be carried. Tree means a self-supporting woody perennial plant having one or several self-supporting stems or trunks and numerous branches which normally attains an overall height of at least 15 feet at maturity. Trees may be classified as deciduous or evergreen. Truck means every motor vehicle designed, used or maintained primarily for the transportation of property. This definition does not include a pickup truck as defined in this section or a van with a manufacturer's nominal rated carrying capacity of one ton or less. Understory trees means a self-supporting woody plant or species normally growing to a mature height of between 15 and 30 feet and a mature spread of at least 15 feet. Many understory trees are considered to be ornamental trees. Undue hardship means a condition resulting when reasonable use cannot be made of a property if used under conditions allowed by the official control, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Use means the purpose or activity for which a premises is designed, arranged or intended for which it is or may be occupied or maintained. Use district means a mapped area within the city to which a uniform set of regulations applies for the purpose of regulating development. 51 St. Louis Park Zoning Code Uses, nonconforming, means any building or land lawfully occupied by a use at the time of the passage of the ordinance from which this chapter is derived or of amendments thereof which does not conform after the passage of the ordinance from which this chapter is derived or an amendment thereto with the use regulations of the district in which it is located. See the definition, "Nonconforming." Variance means a modification or variation of the provisions of this zoning code as applied to a specific piece of property. (Ord. No. 2409-12, 1-27-12) Vegetation, native, means any plant species with a geographic distribution indigenous to all or part of the state. Plant species which have been introduced by man are not native vegetation. Vehicle means a device for carrying or conveying persons or property which may be self- propelled or may be propelled, drawn, or towed by a self-propelled vehicle. Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wind energy conversion system (WECS) means all necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, tower, electrical components, foundation, transformer, and electrical cabling from the tower to building or substation(s) and their support facilities. Wind energy conversion system, building mounted means a wind energy conversion system that is attached to a building for structural support. Wind energy conversion system tower means a support structure to which the nacelle and rotor are attached. Wind energy conversion system height means the distance measured from the lowest exterior grade at the base of the WECS to the highest point of any component of a WECS. Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. For principal buildings, structures, and uses, the yard shall extend along a lot line and at right angles to the lot line to a depth or width specified in the yard regulations for the district in which the lot is located. For accessory buildings, structures, and uses, the yard shall extend from the property line to the principal building, structure, or use. 52 St. Louis Park Zoning Code Yard, front, means an area which extends along the full width of the front lot line between side lot lines and toward the rear lot line a depth as specified in the required yard regulations for the district in which such lot is located. Yard, rear, means an area which extends along the full width of the rear lot line between the side lot lines and toward the front lot line a depth as specified in the required yard regulations for the district in which the lot is located. Where the lot is a corner lot, the rear yard shall be the area between the interior side lot line and the side yard abutting a street extending toward the front yard a depth as specified in the required yard regulations for the district in which the lot is located. 53 St. Louis Park Zoning Code Yard, side interior, means an area extending along a side lot line between the front yard and rear yard, having a width as specified in the required yard regulations for the district in which the lot is located. Yard, side, abutting a street, means a yard adjacent to a street which extends along a side lot line between the front yard and rear property line. The required width of the side yard abutting a street is specified in the dimensional standards of the district in which the yard is located. Yard waste means all garden wastes, grass clippings, leaves, weeds, holiday trees, shrub and tree waste and prunings, seasonal greenery, and woodchips that are normally generated from residential properties. Zoning ordinance means Ordinance No. 92-1902 and all amendments adopted subsequent to that date and compiled as Chapter 36 of this Code. Sec. 36-5. Abbreviations. (a) Purpose. The purpose of this section is to identify the abbreviations which are used in this chapter in order to clarify meaning. (b) Abbreviations. (1) BOZA Board of zoning appeals (2) DBH Diameter at breast height (3) DU Dwelling unit (4) FAR Floor area ratio (5) PUD Planned unit development (6) FW Floodway district (7) FF Flood fringe district (8) FP General floodplain district (Code 1976, § 14:3-2) Sec. 36-6. Reserved. (Ord. No. 2462-15, 2-2-2015) 54 ARTICLE IV. ZONING DISTRICTS Division 1. Generally Sec. 36-111. Use Districts Established All land in the city shall be assigned to one of the following zoning districts: (a) Parks and Open Space District. POS park and open space district, see section 36-151. (b) Residential Neighborhood districts. (1) N-1 Neighborhood District, see Article IV, Division 4R-1 single-family residence district, see section 36-163. (2) N-2 Neighborhood District see Article IV, Division 4R-2 single-family residence district, see section 36-164. (3) N-3 Neighborhood District, see Article IV Division 4R-3 two-family residence district, see section 36-165. (4) N-4 Neighborhood District, see Article IV, Division 4R-4 multiple-family residence district, see section 36-166. (5) R-C high-density multiple-family residence district, see section 36-167. (c) Commercial districts. (1) C-1 neighborhood business district, see section 36-193. (2) C-2 general commercial district, see section 36-194. (d) Office district. O office district, see section 36-223. (e) Business Park district. BP Bbusiness park district, see section 36-231. (f) Industrial districts. (1) I-P industrial park district, see section 36-243. (2) I-G general industrial district, see section 36-244. (g) Mixed use districts. (1) MX-1 vertical mixed use district, see section 36-264. (2) MX-2 neighborhood mixed use district, see section 36-265. (h) Planned Unit Development (PUD) District, See Section 36-32. (Code 1976, § 14:5-1.1; Ord. No. 2462-15, 2-2-15; Ord. No. 2598-20, 11-16-20) Sec. 36-112. Overlay districts established. Overlay districts are as follows: (a) FW floodway district, see section 36-294. (b) FF flood fringe district, see section 36-294. (c) FP general floodplain district, see section 36-294. 55 St. Louis Park Zoning Code (d) TDM travel demand management district, see sections 36-321 through 36-330. (e) (Code 1976, § 14:5-1.2) Sec. 36-113. Map. The boundaries of the use districts listed in section 36-111 are shown on the zoning map, as amended. The map is certified by the city clerk and is stored in the office of community development and is referred to as the "zoning map" or "map," in this chapter. The map and all of the notations, references and other information shown on it shall have the same force and effect as if fully set forth in this chapter and are hereby made a part of this chapter by reference. (Code 1976, § 14:5-1.3) Sec. 36-114. Boundaries District boundary lines indicated on the zoning map follow lot lines, the center lines of streets or alleys projected, railroad right-of-way lines, the center of watercourses, or the corporate limit lines as they exist upon the effective date of the ordinance from which this chapter is derived. If use district boundary lines do not follow any of the above-described lines, the use district boundary lines are established as drawn on the zoning map. Where a district boundary line divides a lot of record which was in single ownership at the time of enactment of the ordinance from which this chapter is derived and places portions of such lot of record in two or more use districts, any portion of such lot within 50 feet on either side of dividing district boundary line may be used for any use permitted in either use district. If the lot shall be wider than the 50-foot limitation, the use district line as shown shall prevail. (a) Appeals from the zoning administrator's determination and questions of doubt concerning the exact location of district boundary lines shall be heard by the board of zoning appeals. (b) Whenever any street, alley or other public way is vacated by official action of the city, the location of the zoning district line shall not be affected by such proceeding. (c) A determination of whether a property is within the boundaries of the FW, FF or FP district shall be made by the zoning administrator. Any person objecting to that determination may appeal to the zoning administrator by submitting a topographic survey which includes the contour of the flood protection elevation and the location and elevation of all proposed structures. The zoning administrator may change the determination based on the topographic survey, but the zoning administrator shall notify the commissioner of the state department of natural resources at least ten days before granting the permit. Provisions for the modification of floodplain district boundaries are contained in division 8 of article IV of this chapter. (Code 1976, § 14:5-1.4) Sec. 36-115. Land use by zoning district. (a) Designation and reference. The land uses listed in this section are specifically designated and refer to the detailed listing of land uses contained in section 36-142 et seq. (b) Land uses permitted. Land uses listed as "permitted" are permitted by the general land use requirements of this chapter; subject to the general requirements of the specific 56 St. Louis Park Zoning Code zoning district in which they are located, any additional requirements imposed by applicable overlay zoning districts as designated on the official zoning map, the general requirements of this chapter, and any and all other applicable city, county, state and federal regulations as may be amended from time to time. (c) Land uses permitted with standards conditions. Land uses listed as "permitted with standards conditions” are subject to all the requirements of land uses permitted by right plus those additional controls which are listed following the specific land use. Land uses permitted with standards conditions do not require a public hearing process. (d) Land uses permitted as a conditional use. Land uses listed as "permitted as a conditional use" are permitted subject to all the requirements applicable to uses permitted by right plus all general conditional use and any additional requirements applicable to that particular land use contained in divisions 3 through 6 of this article and those general conditions contained under section 36-33. Each conditional use application shall be considered a unique situation and shall not be construed as precedents for similar requests. Further conditions may be imposed on any conditional use by the planning commission or city council in response to special conditions of the use or site. (Ord. No. 2419-12, 9-14-2012) (e) Land uses permitted as accessory uses. Land uses listed as "permitted as an accessory use" are permitted subject to all of the requirements applicable to uses permitted by right, plus any additional requirements applicable to that particular land use contained in divisions 3 through 610 of this article. Accessory uses other than required off-street parking may not occupy more than 25 percent of the total floor area of any development unless further restricted in the district regulations. (Ord. No. 2462-15, 2-2-2015) (f) Land uses permitted as temporary uses. Temporary land uses are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (b) of this section, plus any additional requirements applicable to that particular land use as contained in section 36-82. (Ord. No. 2462-15, 2-2-2015) (g) Land uses permitted in limited stories. Land uses listed as “permitted in limited stories” are permitted subject to all the requirements of land uses permitted by right plus those additional controls which specify the story of a building the use can occur. Land uses permitted in limited stories do not require a public hearing process. (Ord. 2560-19, 6-17- 19) (h) Full compliance necessary. Although a land use may be indicated as permitted by right, permitted with conditions, or permitted as a conditional use in a particular use district, it does not follow that such a land use is permitted or permissible on every parcel in such use district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this chapter which are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted under section 36-34. (Ord. No. 2462-15, 2-2-2015) TABLE 36-115 (A) – (Repealed, Ord. No. 2312-06, 4-14-2006) 57 St. Louis Park Zoning Code (i) TABLE 36-115 (C). Intensity Class Measures Maximum Density Factor (DU/Acre) Maximum Impervious Surface Ratio Maximu m Floor Area Ratio Maximum Height (in feet) Maximu m Trips/ AC./Day Gross Buildin g Area Hours of Operatio n Resultant Land Use Intensity Class Residential uses 9 -- -- 30 100 2,000 Class 1 All other uses -- 0.30 0.15 30 100 2,000 6:00 a.m./ 6:00 p.m. Residential uses 15 -- -- 35 300 5,000 -- Class 2 All uses -- 0.40 0.25 35 300 5,000 6:00 a.m./ 10:00 p.m. All uses 20 0.60 0.50 40 650 10,000 6:00 a.m/ 12:00 p.m. Class 3 All uses 30 0.70 0.80 50 1,000 20,000 6:00 a.m./ 12:00 p.m. Class 4 All uses 40 0.80 1.00 75 1,500 50,000 24 hours Class 5 All uses 50 0.90 1.40 150 2,500 100,00 0 24 hours Class 6 All uses 50+ 0.90+ 1.40+ 150+ 2,500+ 100,000 + Class 7 *Based on Institution of Transportation Engineers' Trip Generation manual. Note: The column showing the highest land use intensity class will determine the land use intensity for the land use. TABLE 36-115 (D). Open Space Requirements 58 St. Louis Park Zoning Code (Code 1976, § 14:5-2.1; Ord. No. 2192-01, 3-5-2001; Ord. No. 2220-02, § 2, 3-18-2002; Ord. No. 2226-02, § 2, 6-3-2002; Ord. No. 2228-02, § 2, 7-15-2002; Ord. No. 2234-02, § 2, 12-2- 2002; Ord. No. 2239-03, 4-7-2003; Ord. No. 2267-04, 4-12-2004; Ord. No. 2312-06, 4-14-06; Ord. No. 2419-12, 9-14-2012; Ord. No. 2560-19, 6-17-19; Ord. No. 2598-20, 11-16-20) Secs. 36-116 – 36-140. Reserved. Zoning District Single Family Cluster Housing Multi-Family Elderly Housing Nursing Home Group Home R1-Single Family Residential 600/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R2-Single Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R3-Two-Family Residential 400/OLA 400/OLA or 12%DORA NA NA 12% DORA 12% DORA R4-Multi-Family Residential 400/OLA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA RC-Multi-Family Residential NA 400/OLA or 12%DORA 12% DORA 12% DORA 12% DORA 12% DORA C1-Neighborhood Commercial NA NA 12% DORA 12% DORA NA NA C2-General Commercial NA NA 12% DORA 12% DORA NA NA O-Office NA NA 12% DORA 12% DORA NA NA MX-1 Vertical Mixed Use NA NA 12% DORA 12% DORA 12% DORA 12% DORA Reductions may be allowed via the PUD process, if the development meets certain criteria. OLA = Open Lot Area DORA = Designed Outdoor Recreation Area 59 ARTICLE IV. ZONING DISTRICTS Division 2. Land Use Descriptions and Characteristics Sec. 36-141. Purpose of division. (a) The land use categories permitted by this chapter are described by this section. Section 36-3(b)(2) empowers the zoning administrator to make interpretations identifying which land use category a proposed land use fits within. (Code 1976, § 14:5-3.1) Sec. 36-142. Descriptions. (a) Residential uses. The following are typical of the residential uses referred to in this chapter. (1) Single-family dwelling means a fully detached dwelling located on an individual lot and intended for occupancy by a single-family. (2) Cluster housing means dwelling units attached in a single structure, each having a separate private outdoor entrance. Dwelling units may be located on individual lots or on a lot in common. Density shall not exceed that of the applicable zoning district. Characteristics may include a larger building mass and scale and larger concentrations of paved surfaces than single-family detached dwellings. (3) Two -family dwelling means two dwelling units attached in a single structure, each having a separate outside entrance. Dwelling units may be located on individual lots or on a lot in common. (4) Multiple-family dwelling means more than two dwelling units contained within a single structure, where each has an entrance off a hallway or balcony in common with at least one other dwelling unit. Buildings tend to be massive in scale and institutional in appearance. Other characteristics may include high density, large parking lots and high traffic generation for the land area occupied by this use. (1) Age-restricted housing means multiple-family dwellings where a minimum of 60 percent of the units are occupied by single persons at least 55 years of age or by couples with one or both being at least 55 years of age. (2) Dwelling, single-unit means a fully detached residence located on an individual lot and intended for occupancy by a single household. This includes a manufactured home. (3) Dwelling, two-unit (duplex) means a residence designed for or occupied by two (2) households living independently of one another, with both units on one (1) parcel. (4) Dwelling, attached two-unit (twinhome) means a dwelling unit designed for or occupied by two (2) households, where the units share at least one (1) common wall and each unit is on its own individual parcel. (5) Dwelling, detached courtyard cottages/bungalows means a cluster of multiple, individual detached dwelling units arranged around a shared courtyard or open 60 St. Louis Park Zoning Code space that is typically perpendicular to the street and where the shared courtyard takes the place of individual rear yards. (6) Dwelling, three unit means a single residential structure on a single lot which is designed for the occupancy of three (3) households living independently of one another; the units may share a common entrance or have individual entrances. (7) Dwelling, four unit means a single residential structure on a single lot which is designed for the occupancy of four (4) households living independently of one another; the units may share a common entrance or have individual entrances. (8) Dwelling, townhouse means a single residential unit which is located within a larger residential structure containing multiple units and which is separated from the adjoining dwelling unit(s) by at least one (1) common wall. Each dwelling unit may be located on its own individual lot or on a common lot containing all of the attached units. Each dwelling unit shall have separate and individual entrances. A small townhouse dwelling is in a structure with three (3) or four (4) units, while a large townhouse dwelling is in a building with between five (5) and eight (8) units. (9) Dwelling, apartment means a multi-unit residential building that consists of side-by- side or stacked dwelling units on one (1) lot and typically with a shared common entrance. A low-rise apartment has no more than three (3) stories, a mid-rise apartment has between four (4) and six (6) stories, and a high-rise apartment has seven (7) or more stories. (10) Dwelling, existing single-unit detached means a fully detached unit located on an individual lot and intended for occupancy by a single-household that was in existence prior to the (Date this amendment is adopted). This includes a manufactured home. (11) Garage sale means the temporary sale of home-crafted items and used household goods by the owner, resident and/or neighbors of a property. Garage sales include estate, rummage, basement, yard, porch, or similar sales conducted at a residentially zoned and/or used property. (11) Manufactured home park means a parcel of land under single control or ownership which has been developed for the placement of manufactured homes for residential use. (12) Roominghouse means a building where lodging is provided for between three and eight persons and is the primary residence of the owner. Lodging is available on an extended basis rather than daily or weekly. No provision for cooking is provided in any of the rooms occupied by lodgers. (13) Live-work unit means a dwelling unit that includes space for the gainful employment of a resident of the dwelling unit and up to two workers who may not be residents of the dwelling unit. The floor area devoted to the business use may not exceed the floor area devoted to the residential use within the unit. Any space that will be used by walk-in customers of the business must be accessible from an exterior entrance that is not used to access other residential units. With the exception of the exterior entrance, the business cannot substantially alter the exterior of the property or substantially affect the character of the neighborhood or the health, safety and welfare of the residents. The business space must be designed to permit 61 St. Louis Park Zoning Code conversion to residential space with minimum work and no structural changes. Uses which are not allowed include but are not limited to the following: uses classified as industrial; appliance, small engine and bicycle repair; motor vehicle sales; motor vehicle service and repair; pawnshops; animal handling; bars; food service; restaurants; private entertainment; cannabis businesses; and sexually-oriented businesses. (14) Accessory dwelling unit means a dwelling unit complying with the Minnesota State Building Code; which is located within a principal single-family residential single-unit dwelling or in an accessory structure building to a single-family residential single-unit dwelling. The types of accessory dwelling units include the following: a. An attached accessory dwelling unit is located within a principal residential dwelling. b. A detached accessory dwelling unit is located as a freestanding building on the same lot as the principal residential dwelling. (15) Short-term rental means leasing a residential dwelling unit or accessory dwelling unit for a term of less than one month. (Ord. 2596-20, 10-19-20) (16) Sport court means a hard or paved surface accompanied by sporting equipment such as nets or goals, which is used primarily for the playing of sports such as tennis or basketball. A patio, porch, pool, or driveway shall not be considered a sport court. (b) Human care uses. The following are typical of the human care uses referred to in this chapter. (1) Adult day care means a nonresidential facility that provides care to functionally impaired adults on a regular basis for periods of less than 24 hours in a structure which is not the residence of the person being served or the facility operator. Some characteristics of this use are similar to family day care and nursing homes. This use is appropriate in commercial areas provided there is accessibility to outdoor areas for sitting and exercise. Persons being served are most like nursing home residents. (2) Family day care means a facility that provides care, protection and supervision of children in a private residence for periods of less than 24 hours for a fee. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers or helpers are set forth in state law which may be amended from time to time. This use may be licensed by other agencies. It generates about four vehicle trip ends per child per day. (3) Group day care/nursery school means a nonresidential facility where childcare, protection and supervision services are provided for a fee on a regular basis for periods of less than 24 hours. This use requires a large, sensitively located outdoor play area and it generates about four vehicle trips per child per day. (4) State-licensed residential facility means a state-licensed and state-mandated residential facility occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time. The use includes outpatient group counseling, some 62 St. Louis Park Zoning Code supervision and treatment programs. The maximum number of clients served is specified by state law which may be amended from time to time. Persons served may include persons with an intellectual disability and/or those that are severely physically handicapped. (5) Group home/nonstatutory means occupancy of a residential structure by persons in need of specialized treatment or protection and resident staff who usually live together as a housekeeping unit for a limited period of time. This use may include outpatient group counseling, some supervision, forced detention, treatment for mental illness and drug addiction, protective shelter, half-way house, and release programs. The facility may be licensed by the state but is not mandated. (6) Hospital means a facility which provides health services primarily for human inpatient medical or surgical care, including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities and staff offices. Characteristics include large institutionally designed buildings, large volumes of traffic, large parking lots or ramps, 24-hour activity, service vehicles, large quantities of waste, and emergency vehicles. (7) Medical/dental office means a facility which provides direct delivery of health-related examination and services or treatment to customers on an appointment or walk-in basis; and includes counseling, consultation, chiropractic and podiatry. The use may include a supporting retail component for medicine, health-related food, or other product. (8) Nursing home means a licensed health care facility providing lodging and 24-hour care for medically or physically impaired persons usually on a long-term basis. Residents of the facility do not have private apartments or kitchens. This use includes a food service and may include supporting medical and retail services for the residents. A quiet area is preferred. (Ord. No. 2267-04, 4-12-04) (9) Funeral home means a facility where funeral services are held and where embalming and other processes occur in preparation of the dead for burial. It may include the storage of caskets, funeral urns and other related funeral supplies, and it usually provides vehicles to transport the dead to the place of burial. This use does not include a crematorium. Characteristics include intermittent periods of high traffic generation. (c) Institutional uses. The following are typical of the institutional uses referred to in this chapter. (1) Antenna means any free-standing structure or device attached to a building, pole, tower, utility structure, or similar structure used for the purpose of collecting or transmitting electromagnetic waves through the air, including but not limited to small wireless facilities, wireless facilities, wireless telecommunication facilities, directional antennas, such as panels, microwaves dishes, and satellite dishes, and omni- directional antennas, such as whip antennas, except for Building-Mounted antennas for private use on the premises where it is located, such as amateur radio antennas, and antennas receiving television or radio signals. (Ord. No. 2367-09, 1-23-09; Ord. No. 2555-19, 3-18-19) 63 St. Louis Park Zoning Code (2) Communication tower means a free-standing structure the primary purpose of which is to support one or more antennae and includes accessory uses directly related to the tower, such as utility buildings. Communication tower includes wireless support structure. (Ord. No. 2367-09, 1-23-09; Ord. No. 2555-19, 3-18-19) (3) Community centers means a place, structure, area or other facility which is open to the public and designed to accommodate and serve significant segments of the community and which is used for educational, religious, fraternal, social and recreational programs. This use may include accessory food service and accessory retail shops. (4) Education/academic. a. Public means neighborhood or district based education services normally provided to children through young adult age. The use may include evening or off-hour service to adults in the community. This use generally includes an accessory food service and some retail facilities to serve students and facility. b. Private means community or regional based education services normally provided to persons through young adult age. The facilities are similar to public education facilities. (5) Library means a facility where collections of books and other materials are housed in a building which is open to the public during regularly scheduled hours which may include weekend days and evenings. Books and other materials may be available for loan. Characteristics may include high parking demand and high traffic generation. (6) Museums/art galleries means a facility which houses collections of artifacts, paintings or sculpture in a building which is open to the public during regularly scheduled hours which may include weekend days and evenings. (7) Parks/open space means passive recreation including hiking trails, natural areas, wild life areas, arboretums, open grass areas and tot lot. (8) Parks/recreation means areas for active outdoor recreation activities such as baseball diamonds, tennis courts, basketball courts, playfields, playgrounds, outdoor swimming pools, fitness courses and driving ranges. (9) Police/fire stations means facilities designed to serve the public health and safety. They may include an office component, the storage of fire trucks, police cars and equipment, and the boarding of personnel within an enclosed building. Characteristics may include sporadic periods of loud noise, sirens, and activity. (10) Public service structure means facilities which include water towers, utility and public service related distribution facilities, and wastewater and storm drainage structures, but exclude utility substations. These facilities are normally serviced by small trucks several times per day and by larger vehicles or equipment on a periodic basis. Associated buildings typically have large windowless walls and an institutional appearance. (11) Religious institution means a facility where people gather to relate or manifest faithful devotion to an acknowledged ultimate reality or deity. This use is 64 St. Louis Park Zoning Code characterized by meeting rooms, education and training about the religion, worship practice, indoor activities, intermittent parking needs, group singing or chanting, and music. The assembly typically meets on weekends or evenings. Accessory uses which may accompany the principal use include day care, park and ride, and dwelling units for clergy, employees, or persons similarly associated with the Religious Institution. (Ord. No. 2514-17, 3-20-17) (12) Utility substation means a structure of electrical components to transform high voltage electricity into lesser voltages to make it suitable for distribution to end users. The use consists of a large structure and numerous power lines which are difficult to screen and are classified as land use intensity 10. This use has minimal outdoor activity and traffic generation. (13) Golf course means a facility for playing golf outdoors which consists of golf holes, clubhouse facilities which may contain lockers, shower rooms and incidental sale of golf related items, and off-street parking facilities. (14) Country club means a golf course and associated clubhouse which may contain locker and shower rooms, dining and bar facilities, meeting rooms and other spaces for large social functions. Country clubs are typically open only to members and characteristics may include significant trip generation on evenings and weekends. (15) Mikvah pool means a ceremonial pool that is constructed to meet certain traditional requirements to serve primarily Jewish women. The use is characterized by very low traffic volumes primarily during evening hours. (16) Micro wireless facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. (Ord. No. 2555-19, 3-18-19) (17) Small wireless facility. (Ord. No. 2555-19, 3-18-19) a. A wireless facility that meets both of the following qualifications: b. Each antenna is located inside an enclosure of no more than six cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and 1. All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or 2. A micro wireless facility (18) Solar energy system. A device or structural design feature intended to provide for collection, storage, and distribution of solar energy for heating or cooling, electricity generating, or water heating 65 St. Louis Park Zoning Code (19) Wind energy conversion system (WECS) means all necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, tower, electrical components, foundation, transformer, and electrical cabling from the tower to building or substation(s) and their support facilities. (20) Wireless facility. Equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. (Ord. No. 2555-19, 3-18-19) (21) Wireless service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6). (Ord. No. 2555-19, 3-18-19) (22) Wireless support structure. A new or existing structure designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. (Ord. No. 2555-19, 3-18-19) (23) Wireless telecommunication facility. Equipment used to provide wireless telecommunication or data services, including all antennas, radios, support devices, equipment including ground equipment, associated cables, and attachments. (Ord. No. 2555-19, 3-18-19) (Ord. No. 2555-19, 3-18-19) (d) Commercial uses. The following are typical of the commercial uses referred to in this chapter. (1) Animal handling means the sale, boarding, treatment and care of privately-owned small animal pets which may include dogs, cats, other mammals, fish and reptiles but excludes large animals such as horses, farm animals or animals raised for slaughter. Characteristics may include special refuse, storage, noise, odor and other nuisance characteristics. (2) Animal handling, limited means any animal handling use such as veterinary clinics, pet stores, and pet grooming that do not include boarding, daycare, or outdoor off leash recreation space for animals. The use may require an animal to be kept overnight on-site for treatment but does not include boarding or animal daycares. (Ord. No. 2621-21, 7-6-2021) (3) Appliance, small engine, and bicycle repair means maintenance and repair of appliances, small engines, bicycles, and similar items. Characteristics include some outdoor activity and noise. 66 St. Louis Park Zoning Code (4) Automatic carwash means a facility designed to wash automobiles and light trucks with little or no human intervention. The facility utilizes automated equipment and wash cycles are relatively short. These facilities are typically accessory to other automotive related land uses and may sporadically cause congestion on its site. (5) Bank means a facility for the deposit, management, and lending of money, frequently with accessory drive-up facility. This use includes banks and savings and loans but not insurance companies and stock brokerage firms. Characteristics may include high peak hour traffic on certain days. (6) Bar means a facility where the primary use is the sale of alcoholic beverages for consumption on the premises. Minors are excluded from entry by law. Characteristics include late hours, high parking demand, noise, trash and litter and heavy off-peak traffic. Use is often found in conjunction with restaurants, hotels and night clubs. (7) Bed and breakfast establishment means a private, owner-occupied residence with guestrooms where temporary lodging facilities and some meals are provided to paying lodgers within single-family or two-family dwellings. The lodging is subordinate and incidental to the main residential use of the building. Indoor recreational facilities for the use of the residents and paying lodgers may be included. (8) Brewery means a facility that manufactures alcoholic and nonalcoholic malt liquor. This definition does not include breweries operated in conjunction with a restaurant as an accessory use. (Ord. No. 2449-13, 11 -15-2013) (9) Business/trade school/college means a training establishment or institution serving adults and sometimes high school age persons which provides training and/or education toward a skill, license or degree. (Ord. No. 2358-08, 8-14-08) (10) Coffee shop means an establishment that primarily sells coffee and coffee- related accessories. They may also sell other refreshment items such as donuts, bagels, muffins, cakes, sandwiches, wraps, salads, and other hot and cold beverages. Limited indoor seating is generally provided for patrons, but table service is not provided. (11) Convention and exhibition center means a facility providing large and small meeting rooms for the assembly of persons and the display of products and information. It may include banquet kitchens and facilities. Characteristics include heavy parking and loading area requirements and large scale buildings. (12) Currency exchange means any business or person except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company that is engaged in the business of cashing checks, drafts, money orders, or traveler’s checks for a fee. (Ord. No. 2349-08, 02-22-08) (13) Dog kennel means any premises where four or more dogs, over four months of age, are owned, boarded, bred or offered for sale. (14) Dry cleaning, laundering with route pickup and delivery, means a facility where clothing, diapers, or other fabrics are cleaned by dry cleaning or laundering processes. Materials to be cleaned may be brought to the site either by pickup and delivery trucks operated as part of the business or by customers who drop off and 67 St. Louis Park Zoning Code pick up their own materials to be cleaned. The use may include the storage of delivery vehicles on the site. (15) Firearms sales means a retail use that includes the sale, lease, or purchase of firearms or ammunition. (Ord. No. 2449-13, 11-15-2013) (16) Food service means the on-site sale of food and beverages which are prepared and served in individual portions in a ready to consume state for consumption either on-site or off-site, including seating for not more than ten persons. Characteristics may include truck and vehicle traffic, cooking odors and refuse. The preferred location is on major thoroughfares with no access to local residential streets. This use is often found in conjunction with motor fuel stations and grocery stores. (17) Home occupation means an occupation, profession, or activity conducted in a dwelling unit, which is clearly an incidental and subordinate use to the residential use and which does not alter the exterior of the property or affect the residential character of the neighborhood. (Ord. No. 2562-19, 6-17-19) (18) Hostel means a lodging facility operated under the auspices of a national or international hostel organization which has dormitory rooms available for rent by members. The facility has common cooking and eating facilities and may have common restroom facilities. The duration of stay is typically short and the facility has a resident manager. (19) Hotel/motel means facilities which provide overnight lodging in individual rooms or suites of rooms, each having a private bathroom, which are rented by day or week. These facilities may include in-room or in-suite kitchens and recreational facilities for use by lodgers. Restaurants, banquet rooms, arcades, fitness centers and other facilities available to non-lodgers are not considered accessory uses. (20) In-vehicle sales or service means sales or service to persons in vehicles. It may include drive-in, drive-up and drive-through facilities, but does not include motor fuel stations, curbside pick-up or automated teller machines (ATMs). Characteristics include high traffic volumes during the typical peak hour traffic period. (21) Liquor store means a facility principally for the retail sale of pre-packaged alcoholic beverages for off-premise consumption. (Ord. No. 2449-13, 11 -15-2013) (22) Marijuana dispensary means a location where patients or consumers can access cannabis in a legal and safe manner. The use may include assistance from experts who find an optimal dosage and recommend the delivery method to achieve optimal results when using medical cannabis. (Ord. No. 2602-21, 1-4-21) (23) Medical and dental laboratories mean facilities in which individually produced and made to order medical and dental prosthetics are crafted for the specific needs of specific individuals. Characteristics may include hours of operation of 7:00 a.m. to 6:00 p.m.; daily deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no use of outside storage and occasional visitation of facilities by customers needing specialized attention as to the make-up and fit of their specific prosthesis. 68 St. Louis Park Zoning Code (24) Microdistillery means a distillery producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (Ord. 2492-16, 5-16- 16) (25) Microdistillery cocktail room. The on-sale sale of distilled liquor produced by the distiller on the premises of or adjacent to a microdistillery location owned by a distiller. (Ord. 2492-16, 5-16-16) (26) Mobile food vehicle means a vehicle or cart used to prepare and serve food and/or beverages. (27) Motor fuel station means a facility which supplies and dispenses at retail motor fuels, including electrical charging, directly into a motor vehicle; it also includes the sale of lubricants, batteries, tires and motor vehicle accessories. Motor fuels may be self-serve or dispensed by an attendant. Light maintenance activities to vehicles including engine tune-ups, lubrication, repairs, and carburetor cleaning may also be conducted. Motor fuel stations may also include facilities for the retail electric charging of vehicles. Characteristics include outdoor activity, high traffic generation and extended hours of operation. This use excludes heavy automobile repair including, but not limited to, engine overhauls, automobile painting, and bodywork. (Ord. No. 2551-19, 1-22-19) (28) Motor vehicle sales means display, sale, transfer of ownership, and rental of automobiles, trucks and recreational vehicles from an indoor showroom facility and may include an outdoor sales lot; motor vehicle service and repair and autobody/painting often occur in conjunction with this use. Characteristics may include outdoor activity, banners and lights for promotion and advertising, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets. (Ord. No. 2248-03, 8-18-03) (29) Motor vehicles service and repair means repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving automobiles, trucks and recreational vehicles. Characteristics may include the storage of vehicles, truck traffic, night and weekend operating hours; motor fuel stations and autobody/painting are excluded. (30) Office means a facility in which the handling of information or the performing of administrative services is conducted. It includes services provided to persons both on-site and off-site on a walk in or appointment basis such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional offices. This description excludes hospitals or other medical facilities; except it may include up to a maximum of ten percent of the gross floor area in medical or dental offices. Characteristics include high peak period traffic generation and 8:00 a.m. to 5:00 p.m. hours of operation. (31) Outdoor sales means the display and sale or rental of merchandise or equipment outside of an enclosed building. It may include boat sales, canoe sales, nursery sales; but it excludes the sale of motor vehicles. (32) Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by 69 St. Louis Park Zoning Code the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. (Ord. No. 2349-08, 2-22-08) (33) Payday loan agency means any business that has as its primary activity the providing of short-term loans for the borrower’s own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. (Ord. No. 2349-08, 2-22-08) (34) Places of Assembly are facilities designed to accommodate larger groups of people having shared goals, desires or interests that are not customarily business related. Social, educational, recreational, religious, and dining activities may be included. Characteristics may include large group meetings or activities with peak parking demands and noise. If the floor area devoted to food or beverage sales exceeds 50% of the total gross floor area, the facility will be classified as a restaurant. (Ord. No. 2311-06, 1-18-06) (35) Post office customer service means the retail/customer service portion of the post office function that includes customer drop off of packages and mail; sale to the public of stamps, money orders, insurance, envelopes and packaging materials, and other mail services; and post office boxes. Characteristics include hours similar to offices and Saturday mornings, high volumes of automobile traffic and some truck traffic. Mail sorting for mail route delivery and distribution are not part of this land use. (36) Printing process/supply means a facility in which retail-oriented graphic and photographic reproductive services are conducted. This does not include industrial operations where printing is of a commercial nature. (37) Private entertainment (indoor) means entertainment services provided entirely within an enclosed building. It includes theaters, health or fitness centers, bowling alleys, arcades, roller rinks, and pool halls. Characteristics may include late operating hours, outdoor lighting, noise, and traffic. (38) Restaurant means an establishment whose principal business is the sale of food and beverages which are prepared and served in individual portions in a ready-to- consume state for consumption on site. This use is often found in conjunction with bars, hotels and food service. It is preferably located on major thoroughfares with no access to residential streets. Characteristics include late hours of operation, refuse, high car and truck traffic generation, and cooking odors. Outdoor seating is considered an accessory use. A food service or deli is not considered to be a restaurant if seating is provided for ten or fewer persons. Restaurant uses are divided into the following subcategories: a. Restaurant, sit-down: Sit-down eating establishments that may allow or require reservations. Patrons commonly wait to be seated, are served by wait staff, order from a menu, and pay after the meal. Lounge or bar facilities may be accessory uses. b. Restaurant, fast-food with or without drive-through window: This restaurant type features large carry-out clientele, long hours of service, and high turnover rate for 70 St. Louis Park Zoning Code eat-in customers (around 30 minutes). There is no or limited table service, and customers typically order from a menu board and pay before receiving the meal. (39) Retail means a facility where merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate consumer is made. This use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics generally include high parking demand and high off-peak traffic generation; generally prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, motor fuel stations, and large item retail. (40) Retail, large item means a facility where large item merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate customer is made. Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and weekends. The parking demand per square foot of building area is normally less than the demand for general retail. This use includes but is not limited to, furniture stores, carpet stores, large appliance stores; but excludes motor vehicle sales, pawnshops, and retail. (41) Service means on-site service provided directly to an individual. This use includes barbershops, beauty shops, therapeutic massage, nail salon, laundromats, shoe repair shops, and dry cleaners where articles to be cleaned are picked up and delivered by the patron. This use excludes pawnshops. (Ord. No. 2358-08, 8-14-08) (42) Service stall means the area within a motor fuel station or auto repair facility of adequate size to service one motor vehicle. A service stall shall have a maximum floor area of 400 square feet. This term is synonymous with service bay. (43) Sexually-oriented business means any limited impact sexually-oriented business or any high impact sexually-oriented business. a. Limited impact sexually-oriented business means a business where sexually- oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided, and which meets the following restrictions: 1. All sexually-oriented materials must be provided for use or entertainment off the business premises only; 2. All sexually-oriented materials must be provided from a separate area to which persons under the age of 18 years are prohibited access; 3. The separate area may not exceed a maximum of 20 percent of the retail floor area of the establishment, or 300 square feet, whichever is less; 4. No person outside the separate area shall be able to perceive or observe any sexually oriented materials at any time, including when someone is entering or exiting the separate area, shopping, or purchasing sexually-oriented materials; 71 St. Louis Park Zoning Code 5. A sign must be displayed on the entrance to the separate area, which shall read: "No person under the age of 18 years is allowed in this area." The sign letter shall be a minimum of two inches high; and 6. The entry into the separate area shall be visible to an employee of the business at all times. b. High impact sexually-oriented business means any business with materials or entertainment which are principally related to sexual stimulation or gratification other than a limited impact sexually-oriented business. Examples of a high impact sexually-oriented business include the following: 1. A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, exhibited, or otherwise provided for use or entertainment on the business premises; 2. A business where specified sexual activities (as defined herein) are explicitly verbally described or shown; 3. A business where specified anatomical areas (as defined herein) are explicitly verbally described or shown; 4. A business providing sexually-oriented materials for off-site use or entertainment, which has a separate area but does not meet the size or other restrictions to qualify as a limited impact sexually-oriented businesses; and 5. A business providing sexually-oriented materials for off-site use or entertainment, where the sexually oriented materials are dispersed within the business rather than isolated in a separate area. c. Definitions. For the purpose of this subsection, the following definitions shall apply: 1. Sexually-oriented materials means visual, printed, or aural materials, and other objects or devices, which: i. Contain, depict, or describe specified sexual activities or specified anatomical areas; and ii. Are marketed for use in conjunction with, or are primarily used only with or during, the specified sexual activities described in subsections (a)(28)c.3.ii., (a)(28)c.3.iii. and (a)(28)c.3.vi. of this section, or as part of the binding, fettering, or other physical restraint described in subsection (a)(28)c.3.v. of this section. iii. Specified anatomical areas means: iv. Less than completely and opaquely covered human genitals, pubic area, buttock, anus, or female breast below a point immediately above the top of the areola; and v. Human male genitals in a state of sexual arousal, whether or not completely and opaquely covered. 2. Specified sexual activities means: 72 St. Louis Park Zoning Code i. Actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; ii. Actual or simulated masturbation; iii. Actual or simulated sadism or masochism; iv. Actual or simulated sexual stimulation of any kind; v. Situations involving a person who is nude, clad in undergarments, or in a revealing costume, and who is engaged in activities involving binding, fettering, or other physical restraint of that or another person; and vi. Sexually-oriented touching of an animal by a human. d. Sexually-oriented businesses. Sexually-oriented businesses exclude the following: 1. Any material with significant literary content or social commentary. 2. A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished, or otherwise provided for off-site use or entertainment, if: the material harmful to minors on each item is blocked from view by an opaque cover as required under M.S.A. § 617.293, and each item is behind the counter and accessible only by an employee of the business. 3. Displays of sexually-oriented materials may occur up to six times per year without rendering a business a high impact sexually-oriented business, if the displays are limited to an area which has been leased to a person or business for their exclusive occupancy for a private party, and the only people in attendance have received advance invitation from that person or company. 4. Any person or organization exempted under M.S.A. § 617.295. 5. Any activity regulated under M.S.A. § 617.251. 6. Any business may display works of art showing specified anatomical areas, so long as no sexually-oriented materials are for sale, and the business does not have a liquor license. 7. Movies rated G, GP, PG-13 or R. (44) Shopping center means a group of commercial uses planned, owned, and managed as a unit that has common parking facilities. Shopping centers may include more than one building and more than one contiguous property and owner if approved under a single conditional use permit or planned unit development. This use includes vendor markets. (Ord. No. 2598-20, 11 -16-20 (45) Studio means a facility where the practice or study of the visual and audio arts occurs. This use may include painting, sculpturing, photography, recording, radio and television studios. This use also includes dance studios and studios for the martial arts. This use does not include large industrial photography or printing processes. (Ord. No. 2349-08) 73 St. Louis Park Zoning Code (46) Taproom means a facility where on-sale of malt liquor produced by the brewer for consumption on the premises of, or adjacent to, the brewery location owned by the brewer at which the malt liquor is produced. (Ord. No. 2449-13) (e) Industrial uses. The following are typical of the industrial uses referred to in this chapter. (1) Anaerobic digester is an enclosed system in which controlled anaerobic digestion occurs, converting organic material into end-products such as biogas, fertilizer, water or other solids. Characteristics may include truck traffic, odor or noises. (Ord. No. 2452-14) (2) Autobody/painting means a facility for painting, straightening, replacing and repairing the frame and body parts of motor vehicles usually damaged as result of an accident. It includes the outdoor storage of damaged and dismantled vehicles, and may generate odor and noise. This use excludes junkyards and automobile wrecking yards. (3) Catering means an operation where food is either fully or partially prepared on site and delivered to the customer off site for final preparation and consumption. Characteristics include truck traffic, refuse storage issues, limited on-site public contact, and possible odors from materials and processing. (4) Composting operation means the collection, storage, processing, disposal and distribution of vegetation. Characteristics may include odor, unsightly appearance, truck traffic and heavy equipment. Recycling of nonorganic materials is excluded. (5) Freight terminal means short term storage and transshipment of materials and the outdoor storage of trucks and related equipment. Characteristics include high volumes of large truck traffic. (6) Light Assembly means an operation that provides for a limited range of low intensity assembly activities, such as creating, repairing, or renovating products inside a fully enclosed building with minimal external effects. Light Assembly does not result in noxious or offensive odors, sounds, vibrations, emissions, or any external nuisances upon adjacent properties. Such uses may be associated with small offices or warehousing operations. (Ord. No. 2414-12) (7) Low Impact Manufacturing & Processing means a facility that engages in the production of a physical commodity or changing the form of a raw ingredient within a fully enclosed structure. Such uses do not result in noxious or offensive odors, sounds, vibrations, emissions, smoke or external nuisances upon adjacent properties. It may include administrative offices, warehousing and distribution. This use does not include outdoor storage or overnight outdoor storage of commercial vehicles. (Ord. No. 2414-12) (8) Manufacturing/processing means a facility for the production of a physical commodity or changing the form of a raw ingredient. It may include administrative offices, warehousing, and limited distribution and sale of a commodity. Characteristics may include heavy truck traffic, odor and noise of processes and equipment, refuse storage issues, and the use of toxic and hazardous materials. Concrete plants, junkyards, slaughterhouses, rendering plants, salvage yards, and auto reduction plants are excluded. 74 St. Louis Park Zoning Code (9) Office warehouse means a facility in which the handling of information or the performing of administrative services is conducted in conjunction with receiving, holding, shipping and occasional packaging of commodities. Characteristics include high peak period traffic generation and 8:00 a.m. to 5:00 p.m. hours of operation, high truck traffic generation and parking demand. (10) Outdoor storage means the receiving, keeping and/or shipping of goods and materials outside of an enclosed building where outdoor activity includes only the unloading, loading, and keeping of materials. This use may include storage yards for contractors, equipment, lumber, landscaping materials, construction materials and shipping materials. Storage of unlicensed or inoperable vehicles or other materials typically associated with a junkyard, salvage yard or auto reduction plant are excluded. (11) Parcel delivery service/post office means a facility for the transshipment of letters and packages generally less than 100 pounds in weight. Customers may purchase stamps, money orders, insurance, and other mail services. Hours of operation are similar to those of offices, but may include Saturdays. Characteristics include high volumes of truck and automobile traffic and vehicles stored on premises overnight. (12) Recycling operation means a facility located within an enclosed building for the collection, sorting, temporary storage, and shipment of recoverable resources including, but not limited to, newspapers, cardboard, glassware, metal cans and plastic. (13) Research and Development means a facility for basic and applied research or product development. It may include the testing of agricultural, biological, chemical, magnetic, mechanical, optical or other components in advance of product manufacturing. The work completed may result in the creation of new goods or new intellectual property. Research and Development does not result in noxious or offensive odors, sounds, vibrations, emissions, or any external nuisances upon adjacent properties. This use does not involve the fabrication, mass manufacture, or processing of products. (Ord. No. 2414-12, 6-1-12) (14) Self-storage facility means any real property designed and used for the purpose of renting or leasing individual storage space to individuals, organizations, or businesses who are to have access to such facility for the purpose of storing and removing personal property; a self-storage facility is not a warehouse/storage facility. (Ord. No. 2570-19, 9-16-19 (15) Showroom means the display only of samples of merchandise and equipment where a sales agreement with a consumer is conducted and delivery of purchased merchandise is made from a warehouse that is not accessible to the consumer and is physically separated from the showroom by a minimum eight-foot-tall permanent wall. Merchandise or equipment which is displayed is typically large bulky items and includes, but is not limited to, furniture, appliances, plumbing fixtures, lighting, and carpeting. Characteristics include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and during some weekend hours. (16) Warehouse/storage means a facility for receiving, holding, shipping and/or occasional packaging of commodities. With the exception of loading and unloading of 75 St. Louis Park Zoning Code commodities, and parking and storage of trailers, all functions shall be within an enclosed building. Characteristics may include high truck traffic generation and low parking demand. This use may include, but is not limited to, conventional warehouse facilities, mini warehouse, and joint warehouse and storage facilities. (f) Transportation uses. The following are typical of the transportation uses referred to in this chapter: (17) Heliport means a facility for the landing, taking off, basing, service, and repair of helicopters used for transportation purposes. Characteristics include noise and the outdoor storage of helicopters. (18) Helistop means a facility for the landing and taking off of helicopters used for transportation purposes but with no facilities for the service of helicopters. Characteristics include intermittent periods of noise. (19) Off-street parking areas means private off-street parking spaces that are not accessible to the public. (Ord. No. 2444-13, 8-30-13) (20) Parking lots means surfaced and improved ground surface areas used for the parking of licensed and operable motor vehicles for periods of less than 24 hours. (21) Parking ramp means a structure built for the storage of licensed, operable motor vehicles for periods of less than 24 hours. Characteristics may include noise, exhaust fume odor, heavy traffic and large structure mass and footprint. (22) Transit stations means on-site loading, unloading and transferring of passengers on, off or between public transportation ground vehicles. Parking lots and parking ramps frequently are located in conjunction with the station. (f) Temporary uses. The following are typical of the temporary uses referred to in this chapter: (1) Agricultural commodities sales means the temporary display and sale of Christmas trees and other greens which are associated with Christmas, flowers and produce. (2) Building construction structure means a structure used by a contractor or leasing agent as an office or for storage purposes for a construction project for which a building permit has been secured and is in effect. This use includes construction trailers, sales and leasing. (3) Carnival and festivals mean carnivals, festivals, community art fairs, and other activities that include uses such as entertainment, amusement rides, and/or the sale of food and merchandise. This use shall not include sales or promotional events offered by businesses with the intent of selling product or services identical or similar to those typically sold or conducted on the lot. (4) Garage sale means the temporary sale of home-crafted items and used household goods by the owner, resident and/or neighbors of a property. Garage sales include estate, rummage, basement, yard, porch or similar sales conducted at a residentially zoned and/or used property. (5) Mobile Use means a commercial activity conducted as a temporary use within a vehicle. 76 St. Louis Park Zoning Code (6) Mobile Use-Food means a vehicle or cart used to sell food and/or beverages to the consumer. It may or may not involve preparation of the food or beverage inside the vehicle. (Ord. No. 2563-19, 7-15-19) (7) Mobile Use-Medical means a vehicle used for the following: blood mobiles, immunization, medical evaluation, imaging, diagnostic or testing procedure. Mobile Use-Medical also includes pet care when limited to immunizations and exams. Mobile Use – Medical does not include massage or any type of treatment or surgery. (8) On-site equipment storage means any structure or outdoor storage area designed for the on-site storage of construction equipment and materials for an active construction project. (9) Outdoor sales, temporary, means the display and sale of merchandise other than agricultural commodities outside of an enclosed building where it is offered in conjunction with an established use that legally sells the same or similar merchandise within a building on the same site. Characteristics include the use of tents, trailers, or other temporary structures. (10) Pollution abatement equipment means equipment and structures that are erected or installed on a property for the purpose of eliminating or abating ground or water pollution. (11) Temporary structure means a building other than a construction structure used for a period not exceeding six months. (Code 1976, § 14:5-3.2; Ord. No. 2168-00, 5-15-2000; Ord. No. 2188-01, 2-5-2001; Ord. No. 2220-02, § 2, 3-18-2002; Ord. No. 2225-02, § 2, 6-3-2002; Ord. No. 2228-02, § 2, 7-15-2002; Ord. No. 2234-02, § 2, 12-2-2002; Ord. No. 2311-06, 1-27-2006; Ord. No. 2349-08, 2-22-2008; Ord. No. 2358-08, 8-14-2008; Ord. No. 2367-09, 1-23-2009; Ord. No. 2369-09, 1-30-2009; Ord. No. 2402-11, 8 -12-2011; Ord. No. 2414-12, 6-1-2012; Ord. No. 2443-13, 7-13-2013; Ord. No. 2444-13, 8-5-2013; Ord. No. 2449-13, 11 -15-2013; Ord. No. 2452-14, 5-2-2014, Ord. 2492-16, 5-16-16; Ord. No. 2514-17, 3-20-17; Ord. No. 2551-19, 1-22-19; Ord. No. 2562-19, 6-17-19; Ord. No. 2563-19, 7-15-19; Ord. No. 2596-20, 10-19-20; Ord. No. 2602-21, 1-4-21; Ord. No. 2621-21, 7-6-2021) Secs. 36-143 Sec. 36-143. – 36-149. Reserved. 77 ARTICLE IV. ZONING DISTRICTS Division 4. Neighborhood District Regulations Sec. 36-161. Purpose of Division (a) The provisions of this division deal with the city’s neighborhood districts including the appropriate uses of land and the forms of structures for residential and compatible non- residential uses. Sec. 36-162. District Purpose Statements (a) The N-1 district is consistent with the low-density residential land use category in the comprehensive plan. This district is intended to: (1) Provide a compatible mix of housing types at the same scale allowed for a single-unit dwelling. (2) Allow non-residential uses limited to city facilities, educational, childcare, and places of worship. Home occupations are encouraged and required to be consistent with the residential character of the neighborhood. (3) Accommodate a variety of property sizes with housing types properly scaled to the size of the property. (b) The N-2 district is consistent with the medium-density residential land use category in the comprehensive plan. It is intended to: (1) Provide a mix of house scale and low-rise housing types beyond those allowed in the N-1 district, such as low-rise multiple-unit buildings that retain compatibility with the scale of housing allowed in the N-1 district. (2) Allow non-residential uses are limited to city facilities, educational, childcare, and places of worship. Home occupations are encouraged and required to be consistent with the residential character of the neighborhood. (3) Support neighborhood commercial businesses and transit by focusing on transit-priority streets and encouraging close proximity to small commercial nodes. (c) The N-3 district is consistent with the high-density residential land use category in the comprehensive plan. It is intended to: (1) Provide low-rise and mid-rise multiple-unit housing types. (2) Allow non-residential uses limited to city facilities, educational, childcare, and places of worship. Home occupations are encouraged and required to be consistent with the residential character of the neighborhood. (3) Support neighborhood commercial businesses and transit by focusing on transit- priority streets and close proximity to employment areas. (4) Provide access to parks and open spaces. Access can be provided by being located adjacent to large parks and open spaces, schools, or by off-street sidewalk and/or trail access. (d) The N-4 district is consistent with the high-density residential land use category in the comprehensive plan. It is intended to: 78 St. Louis Park Zoning Code (1) Provide mid-rise and high-rise multiple-unit housing types. (2) Allow non-residential uses limited to city facilities, educational, childcare, and places of worship. Home occupations are encouraged and required to be consistent with the residential character of the neighborhood. (3) Support neighborhood commercial businesses and transit by focusing on transit- priority streets and being adjacent to employment areas. (4) Have access to parks and open spaces. Access can be provided by being located adjacent to large parks and open spaces, schools, or by off-street sidewalk and/or trail access. Sec. 36-163. Principal Uses (a) Table 36-163(a) lists land uses and indicates whether they are permitted, permitted with standards, conditional, or prohibited. (b) The following definitions shall be referenced when using Table 36-163(a): (1) Permitted Use: A “P” indicates that a use is allowed by right, subject to compliance with all other applicable provisions of this code. (2) Permitted with Standards Use: A “PS” indicates that a use is allowed when standards identified in section 36-168 “Use-Specific Standards, Principal” are met. Uses permitted with standards are also subject to all other applicable requirements of this chapter. The use-specific standards shall apply when they are contradictory or otherwise inconsistent with other applicable requirements in this chapter. Any request to vary from the standards set forth for a permitted with standards use shall be processed as a variance. (3) Conditional Use: A “C” indicates that a use is allowed only when standards identified in section 36-168 “Use-Specific Standards, Principal” are met, and a conditional use permit is issued by the city. Uses permitted by conditional use permit are also subject to all other applicable requirements of this chapter. The use-specific conditions shall apply when they are contradictory or otherwise inconsistent with other applicable requirements in this chapter. Any request to vary from the standards set forth for a conditional use permit shall be processed as a variance. (4) Prohibited Use: A blank cell in the use table indicates that the land use is prohibited in that zoning district. Table 36-163(a). Principal Uses in Neighborhood Districts Neighborhood Districts Use Type N-1 N-2 N-3 N-4 Residential Household Living Dwelling, single-unit PS PS Dwelling, single-unit small PS PS Dwelling, two-unit (duplex) PS PS 79 St. Louis Park Zoning Code Neighborhood Districts Use Type N-1 N-2 N-3 N-4 Dwelling, two-unit attached (twinhome) PS PS Dwelling, detached courtyard cottage/bungalow PS PS Dwelling, three-unit PS PS Dwelling, four-unit PS Dwelling, townhouse (small) PS PS PS Dwelling, apartment (low-rise) PS PS PS Dwelling, townhouse (large) PS PS Dwelling, apartment (mid-rise) PS PS Dwelling, apartment (high-rise) PS Manufactured home park C C C C Dwelling, existing single-unit detached PS PS PS PS Group Living State-licensed residential facility PS PS PS PS Roominghouse P P P Group home PS PS PS PS Nursing home PS PS PS Lodging Bed and breakfast establishment PS PS Hostel PS PS Public, Social, & Institutional Community center PS PS PS PS Educational (academic) facility with 20 or fewer students PS PS PS PS Educational (academic) facility with more than 20 students C C C C Library PS PS PS PS Park and open space PS PS PS P Parks/recreation PS PS PS PS Police/fire station PS PS PS PS Religious institution C C C C Commercial Personal Services and Businesses Adult day care PS PS PS PS 80 St. Louis Park Zoning Code Neighborhood Districts Use Type N-1 N-2 N-3 N-4 Group day care/nursery school PS PS PS PS Office less than 2,500 square feet PS PS PS Office in existence or having received preliminary office development approval by March 1, 1999 P P Recreation Country club C Golf course C Healthcare Hospital C C Transportation and Utilities Communication tower that is 45 feet or less in height PS PS PS PS Communication tower more than 45 feet in height but does not exceed 70 feet in height C C C C Public service structure PS PS PS PS Transit station P P P Sec. 36-164. Accessory Uses (a) Table 36-164(a) lists accessory land uses and indicates whether they are permitted, permitted with standards, conditional, or prohibited. (b) The following definitions shall be referenced when using Table 36-164(a): (1) Permitted Use: A “P” indicates that a use is allowed by right, subject to compliance with all other applicable provisions of this code. (2) Permitted with Standards Use: A “PS” indicates that a use is allowed when standards identified in section 36-169 “Use-Specific Standards, Accessory” are met. Uses permitted with standards are also subject to all other applicable requirements of this chapter. Any request to vary from the standards set forth for a permitted with standards use shall be processed as a variance. (3) Conditional Use: A “C” indicates that a use is allowed only if a conditional use permit is issued by the city after compliance with the procedure and requirements set forth in section 36-33 “Conditional Use Permit.” (4) Prohibited Use: A blank cell in the use table indicates that the land use is prohibited in that zoning district. Table 36-164(a). Accessory Uses 81 St. Louis Park Zoning Code Neighborhood Districts Use Type N-1 N-2 N-3 N-4 Accessory Uses Accessory dwelling unit PS PS Accessory dwelling unit affiliated with a Religious Institution PS PS PS PS Accessory building PS PS PS PS Accessory structure PS PS PS PS Adult day care in a religious institution, community center, or nursing home PS PS PS PS Boarders or roomers PS PS PS PS Catering PS P Community garden PS PS PS PS Family day care facility serving 14 or fewer persons PS PS PS PS Gardening and other horticultural uses P P P P Group day care/nursery school in a religious institution, community center, or educational (academic) institution PS PS PS PS Helistop PS PS Home occupation PS PS PS (c) PS Living quarters of persons employed for domestic or medical purposes on the premises PS PS PS PS Mikvah pool PS PS PS PS Parking lot P P P P Parking ramp PS PS Residential swimming pool, whirlpool, sport court PS PS PS PS Solar energy system PS PS PS PS Student housing PS PS Supportive commercial use PS PS Wind energy conversion system (WECS) PS PS PS PS Sec. 36-165. Lot Dimension Standards (a) Table 36-165(a) establishes the minimum lot width and lot area standards for the N-1, N- 2, N-3, and N-4 districts. Table 36-165(a). Lot Dimensional Standards 82 St. Louis Park Zoning Code District Use Type Lot width minimum with alley (ft)1 Lot width minimum without alley (ft)1 Lot area minimum with alley (sq ft)1 Lot area minimum without alley (sq ft)1 N-1 Dwelling, single-unit small [only lots with alleys] 30 3,600 Dwelling, single-unit 40 50 4,800 6,000 Dwelling, two-unit (duplex) 40 50 4,800 6,000 Dwelling, two-unit attached (twinhome) 25 [50] 35 [70] 3,125 [6,250] 4,375 [8,750] Dwelling, detached courtyard cottages/bungalows 100 110 13,000 14,300 Dwelling, three-unit 60 70 7,800 9,100 All other uses 60 70 7,800 9,100 N-2 Dwelling, single-unit small [only lots with alleys] 30 3,600 Dwelling, single-unit 40 50 4,800 6,000 Dwelling, two-unit (duplex) 40 50 4,800 6,000 Dwelling, two-unit attached (twinhome) 25 [50] 35 [70] 3,125 [6,250] 4,375 [8,750] Dwelling, detached courtyard cottages/bungalows 100 110 13,000 14,300 Dwelling, three-unit 60 70 7,800 9,100 Dwelling, four-unit 60 70 7,800 9,100 Dwelling, townhouse (small) 20 20 2,600 2,600 Dwelling, apartment (low-rise) 60 70 7,800 9,100 All other uses 60 70 7,800 9,100 N-3 Dwelling, townhouse (small) 20 20 2,600 2,600 Dwelling, apartment (low-rise) 60 70 7,800 9,100 Dwelling, townhouse (large) 20 20 2,600 2,600 Dwelling, apartment (mid-rise) 60 70 7,800 9,100 All other uses 60 70 7,800 9,100 Dwelling, townhouse (small) 20 20 2,600 2,600 N-4 Dwelling, apartment (low-rise) 60 70 7,800 9,100 Dwelling, townhouse (large) 20 20 2,600 2,600 Dwelling, apartment (mid-rise) 60 70 7,800 9,100 Dwelling, apartment (high-rise) 60 70 7,800 9,100 All other uses 60 70 7,800 9,100 (1) Table 36-165(a) notes: 83 St. Louis Park Zoning Code (2) For N-3 and N-4 districts, minimum lot width and area requirements in table, except where subdivisions for the purpose of establishing condominium ownership result in lot sizes smaller than the established minimum. Sec. 36-166. Site Dimension Standards (a) Table 36-166(a) establishes the minimum yard setback standards for the N-1, N-2, N-3, and N-4 districts Table 36-166(a). Yard Setback Standards District Use Type Front Yard Minimum (feet)1,2 Side Yard Abutting a Street Minimum (feet)3,4 Side Yard Interior Minimum (feet) for Attached Garage or Lot with Alley3, 4 Side Yard Interior Minimum (feet) for Detached Garage on Lot without Alley3, 4, 5 Rear Yard Minimum (feet)6 Perimeter Yard Minimum (feet) N-1 Dwelling, single- unit small [only lots with alleys] 25 9 5 9/5 25 Dwelling, single- unit 5 9/5 25 Dwelling, two-unit (duplex) 5 9/5 25 Dwelling, two-unit attached (twinhome) 5 9/5 25 Dwelling, detached courtyard cottages/ bungalows 10 Dwelling, three- unit 5 9/5 25 All other uses 10 10 25 N-2 Dwelling, single- unit small [only lots with alleys] 25 9 5 9/5 25 Dwelling, single- unit 5 9/5 25 Dwelling, two-unit (duplex) 5 9/5 25 84 St. Louis Park Zoning Code District Use Type Front Yard Minimum (feet)1,2 Side Yard Abutting a Street Minimum (feet)3,4 Side Yard Interior Minimum (feet) for Attached Garage or Lot with Alley3, 4 Side Yard Interior Minimum (feet) for Detached Garage on Lot without Alley3, 4, 5 Rear Yard Minimum (feet)6 Perimeter Yard Minimum (feet) Dwelling, two-unit attached (twinhome) 5 9/5 25 Dwelling, detached courtyard cottages/ bungalows 10 Dwelling, three- unit 5 9/5 25 Dwelling, four-unit 5 9/5 25 Dwelling, townhouse (small) 10 10 25 20 feet if adjacent to N-1 district Dwelling, apartment (low- rise) 10 10 25 All other uses 10 10 25 N-3 Dwelling, townhouse (small) 15 15 10 10 10 20 feet if adjacent to N-1 district Dwelling, apartment (low- rise) 15 15 10 10 10 20 feet if adjacent to N-1 district Dwelling, townhouse (large) 30 feet if adjacent to N-1 or N-2 districts Dwelling, apartment (mid- rise) 30 feet if adjacent to N-1 or 85 St. Louis Park Zoning Code District Use Type Front Yard Minimum (feet)1,2 Side Yard Abutting a Street Minimum (feet)3,4 Side Yard Interior Minimum (feet) for Attached Garage or Lot with Alley3, 4 Side Yard Interior Minimum (feet) for Detached Garage on Lot without Alley3, 4, 5 Rear Yard Minimum (feet)6 Perimeter Yard Minimum (feet) N-2 districts All other uses 30 feet if adjacent to N-1 or N-2 districts N-4 Dwelling, townhouse (small) 15 15 10 10 10 20 feet if adjacent to N-1 district Dwelling, apartment (low- rise) 20 feet if adjacent to N-1 district Dwelling, townhouse (large) 30 feet if adjacent to N-1 or N-2 districts Dwelling, apartment (mid- rise) 30 feet if adjacent to N-1 or N-2 districts Half the building height if adjacent to N-1, N-2, or N-3 districts Dwelling, apartment (high- rise) 86 St. Louis Park Zoning Code District Use Type Front Yard Minimum (feet)1,2 Side Yard Abutting a Street Minimum (feet)3,4 Side Yard Interior Minimum (feet) for Attached Garage or Lot with Alley3, 4 Side Yard Interior Minimum (feet) for Detached Garage on Lot without Alley3, 4, 5 Rear Yard Minimum (feet)6 Perimeter Yard Minimum (feet) All other uses 30 feet if adjacent to N-1 or N-2 districts (1) Table 36-166(a) notes: a. For N-1 and N-2 districts, minimum requirement in table for the front wall of the closest house on the block front, whichever is greater. See additional exceptions in Section 36-73. b. For N-1 and N-2 districts, through lots shall have a required front yard on each street. c. The width of the side yard abutting a building wall shall be increased two inches for each foot the length of the wall of the building exceeds 40 feet (N-1, N-2) or 50 feet (N-3, N-4). 1. For the purposes of applying this subsection, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line of a lot. 2. Side yard widths may be reduced if the side wall of a building is not parallel by more than ten degrees with the side lot line. 3. The minimum side yard shall be met by the average depth of the side yard. No side yard shall be less than five feet deep. 4. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. d. For N-1 and N-2 districts, if a corner lot has a rear lot line which is common with the side lot line of another lot, no building shall occupy that portion of the rear yard of the corner lot that abuts the front yard of the other lot for a distance equal to the depth of the front yard of that other lot or 30 feet, whichever is less, measured from the common property line of the two lots extending toward the front lot line of the corner lot on a line perpendicular to the common lot line of the two lots. See the following diagram. 87 St. Louis Park Zoning Code Common Rear / Side Lot Lines e. When two numbers are listed as a yard, then both shall apply. One on one side, the other on the other side. In the case of a corner lot, the required side yard abutting a street shall take the place of the greater yard. (b) Table 36-166(b) establishes the minimum building, outdoor recreation, and lot coverage for the N-1, N-2, N-3, and N-4 districts. Table 36-166(b). Building, Outdoor Recreation, and Lot Coverage Standards District Housing Type Building Height Maximum (feet)1 Distance Between Buildings Minimum (feet) DORA Minimum Principal Building Coverage Maximum Impervious Surface Coverage Maximum N-1 Dwelling, single- unit small [only lots with alleys] 30 35% 60% Dwelling, single- unit Dwelling, two-unit (duplex) Dwelling, two-unit attached (twinhome) Dwelling, detached courtyard cottages/ bungalows 10 88 St. Louis Park Zoning Code District Housing Type Building Height Maximum (feet)1 Distance Between Buildings Minimum (feet) DORA Minimum Principal Building Coverage Maximum Impervious Surface Coverage Maximum Dwelling, three- unit All other uses N-2 Dwelling, single- unit small [only lots with alleys] 40 35% 60% Dwelling, single- unit 35% 60% Dwelling, two-unit (duplex) 35% 60% Dwelling, two-unit attached (twinhome) 35% 60% Dwelling, detached courtyard cottages/ bungalows 10 35% 60% Dwelling, three- unit 35% 60% Dwelling, four-unit 35% 75% Dwelling, townhouse (small) 15 12% 75% Dwelling, apartment (low- rise) 15 12% 80% All other uses 80% N-3 Dwelling, townhouse (small) 75 15 12% 75% Dwelling, apartment (low- rise) 1/2 the building height 12% 80% Dwelling, townhouse (large) 15 12% 80% 89 St. Louis Park Zoning Code District Housing Type Building Height Maximum (feet)1 Distance Between Buildings Minimum (feet) DORA Minimum Principal Building Coverage Maximum Impervious Surface Coverage Maximum Dwelling, apartment (mid- rise) 1/2 the building height 12% 85% All other uses 85% N-4 Dwelling, townhouse (small) More than 75 15 12% 80% Dwelling, apartment (low- rise) 1/2 the building height 12% 80% Dwelling, townhouse (large) 15 12% 80% Dwelling, apartment (mid- rise) 1/2 the building height 12% 85% Dwelling, apartment (high- rise) 1/2 the building height 12% 85% All other uses 85% (1) Table 36-166(b) notes: a. Building height maximum is subject to exceptions in section 36-78. Sec. 36-167. District Standards (a) All structures or properties in the N districts shall comply with the following regulations: (1) All trash, garbage, waste materials, trash containers, and recycling containers stored outdoors shall be screened in accordance with screening regulations provided in this chapter. (2) All utility lines including electric, gas, water, sanitary sewer, telephone, and television cable shall be placed underground when used with all new structures or additions which expand the gross square footage of a structure by more than 50 percent unless used for service to single-unit, two-unit, or three-unit dwellings. In addition, any new service to an existing building other than a single-unit or two-unit dwelling shall be placed underground. 90 St. Louis Park Zoning Code (3) All access roads shall have a poured-in-place concrete curb measuring at least six inches above and below the grade in all developments except developments of single-unit, two-unit, or three-unit dwellings. (4) Interior pedestrian circulation and pedestrian linkage to any existing public trails or sidewalks shall be provided where practically possible for all developments except developments of single-unit, two-unit, or three-unit dwellings. (5) All single-unit, two-unit, and three-unit dwellings shall: a. Be built on a permanent foundation; b. Be connected to the city sanitary sewer and water; and c. If the dwelling is a manufactured home, it shall: 1. Have a permanent, completely enclosed foundation which complies with the state manufactured home building code and which is constructed around the entire circumference of the structure. 2. Meet the standards and be certified by the U.S. Department of Housing and Urban Development. (6) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels plus the common lot do not exceed the maximum density permitted within the zoning district. Provisions for designed outdoor recreation area may be provided on a common lot. Any front, rear, and side yard dimensions required by this section 36-166 shall apply from the building face to the property line of the common lot. (7) For N-1 and N-2 districts, a single-unit dwelling which legally existed or for which a valid building permit had been granted on or before the effective date of the ordinance from which this chapter is derived, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard. (8) For N-3 and N-4 districts, all dwelling units shall be at or above the grade of all land abutting the structure within a distance of 25 feet from all faces of the building. (b) Parking and storing of vehicles. The parking or storing of any motor vehicle, recreation vehicle, or commercial vehicle in the N districts is subject to all restrictions in this subsection and under section 36-361. (1) Findings. The city council finds that certain standards are desirable in order to preserve neighborhood character, public health and safety, property values, and allow all residents a reasonable use and enjoyment of property. While the city council finds that the use and possession of commercial and recreational vehicles are an important factor in the lives of a substantial number of residents of the city, the council also finds that certain types and sizes of commercial and recreational vehicles, the improper storage of commercial and recreational vehicles, and the parking of and storage of excessive numbers of vehicles can affect the neighborhood character as well as public health and safety, property values, and the reasonable use and enjoyment of neighboring properties. While the ability of recreational vehicle owners to provide for the security of and access to their vehicles is a reasonable 91 St. Louis Park Zoning Code expectation, they have a responsibility to respect the rights of residents, owners, and users of neighboring properties and to avoid interference with the purposes of the zoning district in which they are located. The city council further finds that the establishment of these standards furthers the goals in the city's comprehensive plan relative to enhancement of residential neighborhoods and similar goals expressed in Vision St. Louis Park. The city council establishes these standards as a means to balance the interests of the owners of commercial and recreational vehicles, adjacent residents and the public. (2) Except as provided in subsections (e)(3) and (e)(9) of this section, no motor vehicle, recreational vehicle, commercial vehicle, or trailer shall be permitted to stand or park in the N districts which exceeds any of the following: a. Eight feet in height, measured from the ground to the highest point on the vehicle at recommended tire pressure. For the purpose of measuring height, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle; b. Twenty-two feet in length, measured at the longest point of the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purpose of measuring length, all accessories, attachments, and materials carried upon a vehicle shall be considered part of the vehicle or trailer bed; or c. Six thousand five hundred pounds, empty weight including the box. (3) One recreational vehicle which exceeds any of the limits set forth in subsection (e)(2) of this section and is owned by the occupant of the premises can be parked behind the rear face of the principal building if: a. The vehicle is parked no closer than five feet from any property line. b. If the property has more than a three-unit dwelling, the vehicle must be stored on a concrete or bituminous surface and the parking space must be in excess of the minimum number of parking spaces required by this chapter. c. The vehicle shall be screened using a 90 percent opaque fence which is six feet high and plant materials which at maturity have the ability to screen 100 percent of the height and 100 percent of the length of the vehicle with a minimum of 50 percent opacity from view from: 1. Any park. 2. Any abutting residentially developed property. 3. Any street which abuts the back yard. The fence and plant materials shall be located in such a manner that visibility is maintained as required in section 36-76. A six-foot-high gate may be placed in the fence to allow for ingress and egress. Plant materials may be omitted at points of ingress and egress but the gap in landscaping may not exceed the width of the vehicle plus two feet. (4) The following provisions shall apply to the parking and storage of vehicles on residential parcels in the N-1 and N-2 districts: 92 St. Louis Park Zoning Code a. No more than four vehicles can be parked or stored outside an enclosed building on a lot that contains a single-unit dwelling. For a two-unit dwelling (duplex), each dwelling may have up to four vehicles parked or stored outside. This regulation shall not apply during snow emergencies. b. No more than two non-passenger vehicles can be parked on a residential lot outside of an enclosed building. Except as permitted in subsection (e)(3) of this section, vehicles shall be stored on a designated parking space. Non-passenger vehicles cannot be parked or stored in front of the front face of the principal building or between the front and rear face of the principal building when abutting a street except as allowed under subsection (e)(3) of this section. c. Only commercial vehicles which do not exceed any of the size requirements under subsection (e)(2) of this section and are designed exclusively for on-street use can be parked on residential lots outside an enclosed building. Commercial vehicles shall be parked only within a garage or on a designated parking space and cannot be parked or stored in front of the front face of the principal building or between the front and rear face of the principal building when abutting a street except as permitted under subsection (e)(4) of this section. d. Except as permitted in subsection (e)(3) of this section, all vehicles must be stored on a surface improved for driveway purposes with an approved paving surface. e. No more than one recreational vehicle which exceeds the size requirements in subsection (e)(3) of this section can be parked on a residential lot outside an enclosed building. f. No non-passenger vehicle can be parked within five feet of an interior side lot line or rear lot line. g. No non-passenger vehicle can be parked in front of the front face of the principal building or between the front and rear face of the principal building when abutting a street except where designated parking space is permitted under subsection 36-361(m)(11). Under no circumstances can a non-passenger vehicle which exceeds the size limitations in subsection (e)(2) of this section be parked in a front yard. h. No non-passenger vehicle can be parked on a residential lot if the vehicle is not owned or leased by the occupant of the premises where it is parked or is a commercial vehicle owned by the employer of an occupant who is using the vehicle for business purposes. i. Only one tow truck can be parked on a residential property. j. Parking is not permitted on a driveway within five feet of the curb of a public street. In the absence of a curb, parking shall not be permitted within five feet of the traveled public roadway, in no event can a vehicle be parked in such a manner as to block a public sidewalk. k. Recreational vehicles six feet in height or less at their highest points may be parked in one non-driveway area between the front and rear face of the principal building on a neighborhood zoned lot provided that they are ten feet or more from 93 St. Louis Park Zoning Code the adjacent residence, do not extend beyond the front face of the principal building, and are screened from the street and from the adjacent neighbor with a 90 percent opaque fence with a height at least equal to the height of the highest point of the vehicle to be screened. A fence-height gate may be placed in the fence to allow for ingress and egress. (5) One vehicle with an attached snowplow can be parked outside of an enclosed building between November 1 or the first two-inch snowfall, whichever occurs first, and April 30. This vehicle will be considered to be a commercial vehicle when applying this chapter. (6) Snowplows and other commercial equipment must be stored within an enclosed structure when not attached to a vehicle. (7) Outdoor storage of fish houses is not permitted on a residential lot (8) On-street parking of non-passenger vehicles is not permitted in the N districts. (9) The following are exempt from the provisions in this subsection: a. Any vehicle being used in conjunction with a temporary service benefiting the property. b. Vehicles used in conjunction with authorized construction sites between 7:00 a.m. and 10:00 p.m. Monday through Friday and between 9:00 a.m. and 10:00 p.m. on weekends and holidays. c. Vehicles used in conjunction with authorized public works construction. d. Recreational vehicles can be parked temporarily while being loaded or unloaded or during routine maintenance and servicing not exceeding 48 consecutive hours. (10) Driveway and parking areas. The following provisions shall apply to driveway and parking areas for single-unit, two-unit, and three-unit dwellings: a. Permit required. A driveway permit shall be issued prior to the installation, replacement, or expansion of any driveway or parking area. b. Width. 1. The maximum width for the driveway apron shall not exceed 22 feet. 2. The maximum cumulative width for driveways, parking areas, and turnarounds shall not exceed 36 feet for single-unit, and 44 feet for two- and three-unit dwellings. 3. Horseshoe driveways are permitted when additional driveway accesses are allowed. The secondary driveway width shall be deducted from the maximum driveway width allowed and shall not exceed 12 feet in width. c. Setbacks. 1. No side setbacks are required for driveways, parking areas, and turnarounds. 2. The start of the transition to a driveway or parking area that is wider than the driveway apron may start immediately after the driveway apron and cannot exceed 45 degrees. 3. Turnarounds must be located on private property. d. Driveway access. 94 St. Louis Park Zoning Code 1. One access to a street and/or alley is allowed for single-unit dwellings on lots less than 80 feet wide. 2. Two accesses to a street and/or alley is allowed for two- and three-unit dwellings, or single-unit dwellings on lots greater than or equal to 80 feet wide. 3. Two street accesses are allowed for corner lots with the condition that one access is allowed per street frontage for lots less than 80 feet in width. e. Miscellaneous. 1. The maximum slope on the driveway shall not exceed 10%. 2. The surface of the driveway shall be paved with asphalt, concrete, or pavers. Permeable pavers and ribbon driveways may be used on private property if vegetation is maintained between the ribbons of the driveway and the open areas of the permeable pavers. Sec. 36-168. Use Specific Standards, Principal (a) Adult day care. (1) At least 12% of the lot area shall be developed as designed outdoor recreation area. (2) Within the N-1 and N-2 districts, the facility can serve 16 or fewer persons. (b) Bed and breakfast establishment. (1) The facility shall be owner occupied. (2) The total number of guestrooms shall be limited to three. 95 St. Louis Park Zoning Code (3) Not more than 50 percent of the gross floor area of the residence shall be used for the guesthouse operation. (4) Accommodations may be provided to a guest for a period not exceeding 14 days. (5) Food service shall be limited to breakfast. (6) Rented rooms shall not contain cooking facilities. (7) Rooms used for sleeping shall be part of the primary residential structure and shall not have been constructed specifically for rental purposes. (c) Communication tower that is 45 feet or less. (1) The tower must meet the standards of Section 368 (Communication Towers and Antennas). (d) Communication tower that is more than 45 feet in height but does not exceed 70 feet in height. (1) The tower must meet the standards of Section 368 (Communication Towers and Antennas). (e) Community center. (1) The property shall be designated as civic in the comprehensive plan. (2) Unless a redevelopment plan for the area has been adopted as part of the city comprehensive plan, the following standards shall apply: a. The principal building shall be located a minimum of 30 feet from any parcel that is zoned N and used for dwelling purposes. b. Outdoor areas improved for group activities shall be located at least 25 feet from any parcel that is zoned N and used for dwelling purposes. (f) Country club. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and used for dwelling purposes. (g) Dwelling (1) Dwelling, single unit a. Lot access 1. If a lot is adjacent to an alley, driveway access shall be off the alley. 2. If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the side street with the lower functional class as defined by the comprehensive plan. 3. If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the street. 4. A driveway existing as of [insert date] that does not meet the above lot access standards can continue in the same location until the property is redeveloped. Such driveway may be expanded as long as it is in conformance with the City Code. 96 St. Louis Park Zoning Code b. The front façade of an attached garage must be a minimum of 5 feet behind the principal building’s front façade. A garage with more than two parking stalls shall have the front façade of the third stall set back an additional 3 feet. c. The maximum garage width facing a public right-of-way shall not exceed 50% of the principal building’s front facade. (2) Dwelling, single unit small a. The dwelling shall be no more than 1,200 square feet in size. b. The dwelling footprint shall be no more than 800 square feet c. The maximum height of the dwelling unit shall be 25 feet. (3) Dwelling, two-unit (duplex) a. Any two-unit (duplex) dwelling shall abide by the standards as required for dwelling, single-unit above. (4) Dwelling, two-unit attached (twinhome) a. Any two-unit attached (twinhome) dwelling shall abide by the standards as required for dwelling, single-unit above. (5) Dwelling, detached courtyard cottages/bungalows a. A cottage courtyard development shall consist of at least four and no more than 12 dwelling units located around a shared, centrally located courtyard. b. The cottage courtyard development shall provide a minimum of 300 square feet of common open space per dwelling unit. This common open space includes the required shared courtyard, which shall be at least 20 feet in width and depth. c. A cottage courtyard development may have more than one courtyard. d. Each dwelling unit shall have a maximum height of 25 feet. e. Each dwelling unit shall have a maximum ground floor area of 900 square feet. f. Each dwelling unit shall have the primary entrance oriented to the shared courtyard. g. Each dwelling unit abutting a public street shall have windows on the facade oriented to the public street. h. Each dwelling unit shall have no more than a one-stall attached garage. i. Accessory buildings. No accessory buildings shall be allowed except for a one- stall detached garage for each dwelling unit and accessory buildings for use by the homeowners association. j. Parking areas shall not be located in any required yard abutting a public street. k. Accessory dwelling units are prohibited. l. Dwelling units may be located on one parcel or on individual parcels for each dwelling unit with a separate parcel for common open spaces and facilities. (6) Dwelling, three-unit 97 St. Louis Park Zoning Code a. Driveway access shall be off the alley if present. If a lot is on a corner, then the driveway shall be off the side street if an alley is not present. If there is not an alley or the lot is not a corner lot, the driveway access may be from the front of the property. b. On the public street-facing facade, no garage shall occupy more than 50 percent of any street-facing individual unit facade. (7) Dwelling, four-unit a. Any four-unit dwelling shall abide by the standards as required for dwelling, three-unit above. (8) Dwelling, townhouse a. Lot access 1. If a lot is adjacent to an alley, driveway access shall be off the alley. 2. If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the side street with the lower functional class as defined by the comprehensive plan. 3. If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the street. 4. A driveway existing as of [insert date] that does not meet the above lot access standards can continue in the same location until the property is redeveloped. Such driveway may be expanded as long as it is in conformance with the City Code. b. The maximum number of dwellings per structure shall be as follows: 1. Small townhouse dwelling shall have no more than four units 2. Large townhouse dwelling shall have no more than eight units The orientation of the structure(s) shall match the orientation of other existing principal structures along the block on which it is located. c. On the public street-facing facade, no garage shall extend more than 50 percent of any individual unit. d. Buildings shall be designed with significant variation in the façade every 60 feet and minor variations at least every 20 feet. Variation can be achieved with articulation, texture, materials, doors, windows, roof dormers, gables, and covered porches. Any architectural projection or recess used to accomplish this change shall be a minimum of six feet wide and two feet deep. (9) Dwelling, apartment (low-rise) a. Lot access 1. If a lot is adjacent to an alley, driveway access shall be off the alley. 2. If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the street with the lower functional class as defined by the comprehensive plan. 98 St. Louis Park Zoning Code 3. A driveway existing as of [insert date] that does not meet the above lot access standards can continue in the same location until the property is redeveloped. Such driveway may be expanded as long as it is in conformance with the City Code. b. Individual dwelling unit entrances for ground floor units may be interior or exterior entrances. c. Any driveways or parking areas within 30 feet of a property zoned N-1 or N-2 shall be screened. Such screening may consist of a solid hedge, an architectural compatible opaque wall, fence, berm or combination thereof. d. To qualify as age-restricted housing, it must provide the following: 1. A minimum of 1,000 square feet of lot area for each dwelling unit. 2. A lounge or other inside community rooms equal in aggregate size to a minimum of 15 square feet for each unit. 3. A recorded covenant to run with the land, executed in a form approved by the city, which restricts the use of the property to occupancy by age. (10) Dwelling, apartment (mid-rise) a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Any mid-rise apartment dwelling shall abide by the standards as required for dwelling, apartment (low-rise) above. (11) Dwelling, apartment (high-rise) a. Any high-rise apartment dwelling shall abide by the standards as required for dwelling, apartment (mid-rise) above. (h) Educational (academic) facilities with 20 or fewer students. (1) The school shall be limited to preschool through eighth grade. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (3) Student drop-off and loading areas shall not interfere with traffic and pedestrian movements. (4) An outdoor play area shall be provided that contains at least 40 square feet per student enrolled at the school, or be located adjacent to a public park. (i) Educational (academic) facility with more than 20 students. (1) The principal buildings shall be located a minimum of 30 feet from any parcel zoned N and used for a dwelling. 99 St. Louis Park Zoning Code (2) An off-street passenger loading area shall be provided to maintain vehicular and pedestrian safety. (3) Outdoor recreational and play areas shall be located at least 25 feet from any parcel that is zoned N and used for a dwelling. (4) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (j) Golf course. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (k) Group day care/nursery school. (1) The principal buildings shall be located a minimum of 30 feet from any parcel zoned N and used for a dwelling. (2) Outdoor recreational and play areas shall be located at least 25 feet from any parcel zoned N and used for a dwelling. (3) The on-site outdoor activity area shall be enclosed by a fence. (4) As allowed for by state licensing, city parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: a. The park must have age-appropriate play equipment. b. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. (5) An off-street passenger loading area shall be provided to maintain vehicular and pedestrian safety. (l) Group home. (1) The use shall not be located within 1,500 feet of any other group home or state- licensed residential facility. (2) The maximum occupancy of a facility shall not exceed six people in the N-1 and N-2 district, 30 people in the N-3 district, and 50 people in the N-4 district. A minimum of 300 square feet of gross building area shall be provided for each resident. (3) At least 12% of the lot area shall be developed as designed outdoor recreation area. (4) At least 800 square feet of lot area shall be provided for each person, including resident staff, housed on the site. (5) The building structure shall not be modified or converted for the specific purpose of accommodating the group home use except to comply with Americans with Disabilities Act requirements or other normal maintenance and repair. (6) The following shall also be required for facilities located in the N-1 and N-2 districts: 100 St. Louis Park Zoning Code a. No more than two people shall occupy one bedroom b. One bathroom shall be provided for every three persons living at the facility. (m) Hospital. (1) Buildings located within 100 feet of a property zoned N-1 or N-2 shall be limited to the lesser of four stories or 45 feet. The height of all other buildings more than 100 feet away in N-1 or N-2, or located in the N-3 or N-4 districts, shall be regulated by yard and floor area ratio requirements. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial. (3) Internal traffic circulation shall be designed to minimize traffic within 100 feet of any property abutting a N district. (4) Screening and a six foot privacy fence shall be installed and maintained along any abutting N district. (5) The property shall be designated for office use in the comprehensive plan. (n) Hostel. (1) The hostel shall be affiliated with a national or international hostel organization and shall be subject to the operating procedures of such organization. (2) The hostel shall be available for occupancy only by members of the affiliate or the parent organization. (3) The hours for check-in/check-out shall be limited to 6:00 a.m. to 1:00 a.m. (4) Overnight parking of vehicles whose passenger capacity exceeds 15 shall be prohibited on the site. (5) Outdoor recreational and play areas shall be located at least 25 feet from any lot zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (6) No room shall contain more than four beds. (o) Library. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (p) Manufactured home park. (1) The manufactured home park, and all manufactured homes sited within it, must meet all requirements set forth in state statutes. (2) A responsible attendant or caretaker must be in charge at all times and shall be responsible for ensuring the maintenance of the park, its facilities, and its equipment in clean, ordinary, and sanitary condition. 101 St. Louis Park Zoning Code (3) The manufactured home park must be at least 5 acres in size. (4) The manufactured home park shall meet the density requirement set forth in the comprehensive plan. (5) Uses permitted within the park shall include only manufactured homes, storm shelters, recreational facilities, and accessory uses to the manufactured homes, including common laundering facilities, garages, sheds, and similar structures necessary for the operation and maintenance of the park. (6) All manufactured homes shall be equipped with an anchoring system approved by the Minnesota Department of Administration (Building Code division). The frame, wheels, crawl space, storage areas, and utility connections of all manufactured homes shall be concealed from view by skirting made of durable all-weather construction material that is consistent with the exterior of the manufactured home. Installation of the skirting must be completed within 60 days of the placement of the manufactured home on the pad. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities. (7) The maximum coverage on individual manufactured home sites for the manufactured home, any accessory structures, and driveway shall be 50%. (8) Except for public, community, and utility structures, the maximum height of principal and accessory structures shall not exceed 20 feet. (q) Nursing home. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) At least 12% of the lot area shall be developed as designed outdoor recreation area. (r) Office less than 2,500 square feet. (1) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (2) The materials used in and placement of all signs shall be integrated with the building design and architecture. (3) The architecture of the building shall be residential in character. (4) The parking areas shall be set back at least five feet from any parcel that is zoned N. (s) Park/recreation. (1) All structures shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential or as an institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) Areas designated for group activities shall be located a minimum of 25 feet from any parcel that is zoned N and either used for residential or as an institutional building, 102 St. Louis Park Zoning Code including but not limited to educational (academic) facilities, religious institutions, and community centers. (3) Facilities which serve a regional function shall not be permitted. (t) Police/fire station. (1) All buildings shall be located a minimum of 30 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial (u) Public service structure. (1) All structures shall be located a minimum of 15 feet from any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers. (2) All service drives shall be paved. (v) Religious institution. (1) All buildings shall be located a minimum of 30 feet from any parcel that is zoned N and used for a dwelling. (2) An off-street passenger loading area shall be provided to maintain vehicular and pedestrian safety. (3) Outdoor recreational and play areas shall be located at least 25 feet from any lot zoned N and used for a dwelling. (4) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial, or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (w) State-licensed residential facility. (1) The facility shall serve no more than six persons. (2) The use shall have a valid state license authorizing the housing service. The license shall be issued specifically for the property where the residential facility is being conducted. Sec. 36-169. Use Specific Standards, Accessory (a) Accessory dwelling unit. (1) Accessory dwelling units shall only be permitted on single-dwelling lots. (2) There shall be no more than one (1) accessory dwelling unit permitted per lot. (3) Occupancy of the single-family lot, including both the principal dwelling unit and the accessory dwelling unit, shall be limited to no more than one family and up to two persons who are boarders/roomers or reside in one of the dwelling units. 103 St. Louis Park Zoning Code (4) The initial construction of an accessory dwelling unit shall only occur on a property that is occupied by the property owner as their primary residence. (5) The accessory dwelling unit shall not be sold independently of the principal residential dwelling and may not be a separate tax parcel. (6) Accessory dwelling units that are attached to the principal dwelling unit shall be no more than 40% of the gross floor area of the single-family dwelling. (7) Accessory dwelling units that are detached from the principal residential structure shall comply with the regulations for accessory structures and must comply with the following additional requirements: a. Detached accessory dwelling units shall be located a minimum of five feet from any rear lot line unless the rear lot line is adjacent to an alley, in which case it may be located five (5) feet from the rear lot line. b. Detached accessory dwelling units located less than six (6) feet from the principal dwelling is subject to the same side yard as required for the principal dwelling. Detached accessory dwelling units located six (6) feet or more from the principal dwelling shall be located a minimum of five (5) feet from any side property line. c. Detached accessory dwelling units shall have a floor area greater than 200 square feet. d. Balconies and decks above the ground floor shall be located a minimum of 15 feet from a side yard or a rear yard. Rooftop decks for an accessory dwelling unit shall not be allowed. (8) Accessory dwellings may not be used for short term rental purposes. (b) Accessory dwelling unit affiliated with religious institution. (1) The dwelling units/living quarters shall be on the same property as the Religious Institution. (2) The dwelling units/living quarters shall at a minimum have access to on-site facilities for cooking, sleeping, and bathing. (3) At least 12% of the lot area shall be developed as a designed outdoor recreation area. (4) The persons living/staying on-site must be clergy, employees, or similarly associated with the Religious Institution. (5) The residential density of the accessory dwelling units/living quarters shall not exceed the residential density that would otherwise be allowed on the property, and in no case shall it exceed 15 persons. (6) The combined gross floor area of the accessory dwelling units/living quarters shall be less than the gross building area of the principal building and principal use. (7) If the dwelling units/living quarters are not within the principal building: a. The buildings shall be built on a permanent foundation and connected to city sanitary sewer and water. 104 St. Louis Park Zoning Code b. The accessory dwelling units/living quarters shall be exempt from the accessory building size limitations. c. The accessory building(s) shall be architecturally compatible with the principal building. d. The accessory building(s) shall not be taller or otherwise larger in scale than the principal building. (8) All required licenses or permits to establish and maintain the dwelling units/living quarters shall be obtained. (c) Accessory building. (1) Accessory buildings located less than six feet from a principal building on the same lot, measured from the nearest projection of each building, shall be considered part of the principal building and shall follow principal building standards. (2) All accessory buildings shall obtain a zoning or building permit prior to installation and must be anchored in a manner approved by the city. (d) Accessory buildings shall not be located in a drainage or utility easement without first obtaining approval of an encroachment agreement (1) Location. a. Shall not be located in front of the principal building’s front face. b. Accessory buildlings located behind the principal building’s rear face shall meet the following requirements: 1. Accessory buildings shall be located a minimum of two feet from any lot line. 2. Eaves, overhangs, gutters or other extensions from the roof shall be located a minimum of 16 inches from any property line abutting an alley right-of-way and two feet from all other property lines. c. Detached garages when located between the front and rear faces of the principal building shall meet the following requirements: (e) It shall meet the same side yards as required for the principal building. (f) Eaves shall meet the same yard requirements as required for the principal building. (1) Accessory buildings on through lots shall be subject to the front and side yard requirements of the principal building if the accessory building is located within 60 feet of the rear lot line. (2) Size. a. The total cumulative ground floor area of all accessory buildings on lots improved with single-unit dwellings shall not exceed the smaller of 800 square feet or 25 percent of the area behind the rear face of the principal building. This provision shall not prohibit the construction of either a detached garage or a detached accessory dwelling unit, or a combination thereof, that is no greater than 576 square feet in area provided there are no other accessory buildings. This 105 St. Louis Park Zoning Code exception does not allow more impervious surface than allowed for the principal use. b. The total cumulative ground floor area of all accessory buildings on lots improved with two, three, or four-unit dwellings shall not exceed the smaller of 1200 square feet or 25 percent of the area behind the rear face of the principal building. This provision shall not prohibit the construction of either a detached garage or a detached accessory dwelling unit, or a combination thereof, that is no greater than 576 square feet in area provided there are no other accessory buildings. This exception does not allow more impervious surface than allowed for the principal use. (3) Height. a. Shall not exceed 15 feet in height. b. The maximum height may be increased to 24 feet where the primary exterior materials of the accessory building match the primary exterior materials of the principal building and the roof pitch matches a roof pitch of the principal building, and provided the wall height shall not exceed 9 feet from the building ground floor to the highest top plate of the exterior non-gable end walls. Dormers are exempt from the height measurement if the combined width of the dormers is less than 50% of the side of the building they are located on. c. The height of all accessory buildings shall be lower than the highest roof line of the principal building. (4) Design. a. All detached garages and other accessory buildings shall be compatible in design and materials to the principal building on the parcel. b. No plumbing for kitchen or bathroom facilities (including but not limited to toilets and showers) is allowed in any detached garage or other accessory building unless it is determined to be an accessory dwelling unit. Hose bibs and utility sinks are allowed. c. Floor drains in garages and other accessory buildings must be connected to sanitary sewer as approved by the city. d. Windows, doors, and similar openings may be located in the second story of an accessory building if the wall or dormer in which it is located faces a lot line that abuts a public right-of-way or is at least 15 feet from any property that is zoned residential and used or subdivided for residential use. e. Accessory buildings used for dwelling purposes shall also comply with the regulations set forth for accessory dwelling units above. (5) Garages below grade level. Where the natural grade of a lot at the building line of a house is eight feet or more above the established curb level, a private garage may be erected within any yard provided one-half or more of its height is below grade level and it is located a minimum of ten feet from any lot line adjacent to a street and five feet from any side lot line. 106 St. Louis Park Zoning Code (g) Accessory structure. (1) Shall not be located in a drainage or utility easement without first obtaining approval of an encroachment agreement. (2) Accessory structures located behind the principal building’s front face shall be a minimum of three feet from the lot line if over six feet in height. (3) Accessory structures that are located in front of the principal building’s front face and are over four feet in height shall be located: a. At least 15 feet from the street lot line. b. At least three feet from internal side lot lines. c. At least nine feet from all other lot lines abutting a street when there is more than one street frontage. (4) Arbors, pergolas, arches, gateways, or similar open structures over purposeful pedestrian walkways that extend between properties, between front and back yard areas, or from the public right-of-way to a house or garage may be located up to the property line as long as: a. There is no more than one such structure per lot line. b. The structure is not more than 10 feet in height, 10 feet in width, and three feet in depth. (5) All accessory structures shall be no more than 15 feet in height and lower than the highest roofline of the principal building. (6) All detached decks shall obtain a zoning or building permit prior to installation and must be anchored in a manner approved by the city. (h) Adult day care in a religious institution, community center, or nursing home. (1) There shall be at least 150 square feet of outdoor sitting and exercise area per person under care at peak periods. (i) Boarders or roomers. (1) Up to two boarders or roomers shall be allowed per resident household provided the living area for the boarders/roomers is within the principal building and does not constitute a separate dwelling unit. (j) Catering. (1) Allowed only as accessory to community centers, educational (academic) facilities, country clubs, and religious institutions. (2) Vehicles used to receive and/or deliver food shall not be stored outside. (k) Community garden. (1) Allowed only as accessory to community centers, educational (academic) facilities, country clubs, and religious institutions. (l) Family day care facility serving 14 or fewer persons. 107 St. Louis Park Zoning Code (1) Only one employee who does not live within the dwelling unit is allowed. (m) Group day care/nursery school in a religious institution, community center, or educational (academic) institution. (1) The on-site outdoor activity area shall be enclosed with a fence. (2) Outdoor activity areas shall be located at least 25 feet from any lot zoned N and used for a dwelling. (3) As allowed for by state licensing, city parks may be utilized to meet up to 50 percent of the required outdoor activity areas with the following conditions: a. The park must have age-appropriate play equipment. b. There is a clearly defined and maintained sidewalk or improved trail connecting the facility to the park. (4) An off-street passenger loading area shall be provided to maintain vehicular and pedestrian safety. (n) Helistop. (1) Helistops shall be used exclusively in connection with a hospital and is subordinate to the hospital in area, extent, and purpose. (2) The helicopter pad must be dust free and screened from view and takeoff and landings shall not be over residential areas. (3) Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations. (o) Home occupation. (1) See section 36-83. (p) Living quarters of persons employed for domestic or medical purposes (1) The living area for the domestic/medical household staff shall be within the principal building and does not constitute a separate dwelling unit. (q) Mikvah pool (1) Shall be accessory to a single-unit dwelling or religious institution. (2) Shall be allowed within an occupied single-unit dwelling if there are three additional off-street parking spaces. (r) Parking ramp. (1) The height of any parking ramp located within 200 feet of any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers may not penetrate the height of a line commencing at and perpendicular to said parcel line and extending upward and away from said parcel at a slope of five horizontal feet for each vertical foot. (2) The minimum required yard for any parking ramp located within 200 feet of any parcel that is zoned N and either used for residential use or has an occupied 108 St. Louis Park Zoning Code institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers shall be 50 feet. (3) The parking ramp shall be screened from view from any abutting property located within an N district. The screening shall include a six-foot berm where the parking ramp is above ground. (4) If the parking ramp is located within 400 feet of any parcel that is zoned N and either used for residential use or has an occupied institutional building, including but not limited to educational (academic) facilities, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within said parcel ten feet lower than the maximum structure height of that use at a distance of 400 feet from the wall of the parking ramp nearest to said parcel. (s) Residential swimming pool, whirlpool, or sport court. (1) Shall only be permitted behind the front face of the principal building. (2) Shall be a minimum of five feet from the rear lot line. (3) Shall meet the same side yard setbacks as required for the principal building. (4) A six -foot privacy fence shall be required to screen the portion of the swimming pool, whirlpool, or sport court located within 25 feet of the rear lot line. (5) Mechanical equipment shall meet the same setback required for the swimming pool or whirlpool unless it is contained within an accessory building. (6) Residential swimming pools shall be in conformance with section 36-73 and section 12-3 of the City Ordinance; (7) A pool house is an accessory building and shall be in conformance with the following conditions: a. Property must have an in-ground swimming pool that is larger in area than the pool house building. b. The pool house cannot exceed 400 square feet in area and one story in height. c. The building design and materials shall be consistent with the principal building. d. The building may include a bathroom but shall not include kitchen facilities. e. The building cannot be designed or used as a dwelling unit or for any business use. (t) Solar energy system. (1) Solar energy systems shall be in conformance with the standards for solar energy systems in Article V, Special Provisions. (u) Student housing. (1) Student housing may be allowed as an accessory use to educational facilities within the N-2 and N-3 districts with the following conditions: 109 St. Louis Park Zoning Code a. No more than 50 students may live on-site in the N-2 district, while no more than 200 students may live on-site in the N-3 district. b. An outdoor recreation area shall be provided that contains at least 40 square feet per student living at the educational (academic) facility. c. The housing must be supervised 24 hours a day, seven days a week by an adult living on-site. d. The students living on-site must be actively enrolled in the educational (academic) facility as full-time students. e. The student housing must be located on the same parcel as the educational (academic) facility. (v) Supportive commercial use. (1) Shall not exceed ten percent of the gross floor area of the development. (w) Wind energy conversion system (WECS). (1) WECSs shall be in conformance with the standards for WECS in Article V, Special Provisions. Sec. 36-170. – 36-190. Reserved 110 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Existing zoning map The map below shows the current zoning map. 111 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Proposed zoning map The map below shows proposed changes to the residential districts of the zoning map. 112 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Comprehensive plan amendment: Text amendments Changes are being made to three of the city’s future land use designations: Land Use Designation Pre-CPA Density Range CPA Density Range RL – Low Density Residential 3 to 10 units/acre 3 to 18 units/acre RM – Medium Density Residential 6 to 30 units/acre 18 to 30 units/acre RH – High Density Residential 30 to 75 units/acre 30 to 75 units/acre* *up to 125 units/acre through PUD or zoning density bonuses RL - Low Density Residential The Low Density Residential designation is intended for residential neighborhoods primarily consisting of single-family homes house-scale housing types. It allows single-unit family detached housing and limited semi-detached housing similarly-size housing types, such as duplexes, three-unit dwellings, courtyard cottages/bungalows and accessory housing units. This designation allows net residential densities from three (3) to ten (10) 18 units per acre. RM - Medium Density Residential The Medium Density Residential designation is intended for residential areas adjacent to commercial centers, corridors, and nodes. It allows net residential densities from six (6) 18 to 30 units per acre. This designation allows a variety of housing types that are compatible in scale to single-family homes include house-scale and low-rise scale housing types, including single-unit family detached, duplexes, townhomes, and small two- or three-story apartment buildings. RH - High Density Residential The High Density Residential land use designation is intended for higher density, compact urban residential areas with convenient access to major transportation corridors, open spaces, and commercial centers. This designation allows for a residential density range of 30 to 75 units per acre. There may be opportunities for higher densities, up to 125 units per acre, through the use of planned unit developments (PUDs) or zoning density bonuses. The appropriate building height will vary by development and depend upon the characteristics of the development and its surroundings. 113 Regular meeting of January 8, 2025 (Item No. 3a.) Title: Comprehensive plan, zoning ordinance and zoning map amendment – residential districts Amend the table showing the acreage of each of the land use designations. The changes are as follows: Land Use Designation Current Acres* Proposed Acres* Difference (acres) RL - Low Density Residential 2,484.23 2,419.33 -64.90 RM - Medium Density Residential 381.36 445.36 64.00 RH - High Density Residential 219.46 214.56 -4.90 MX - Mixed Use 52.81 52.81 0.00 TOD - Transit Oriented Development 82.62 82.62 0.00 COM - Commercial 254.26 256.56 2.30 OFC - Office 212.16 212.26 0.10 BP - Business Park 103.65 103.65 0.00 IND - Industrial 199.64 187.44 -12.20 CIV - Civic 204.38 205.38 1.00 PRK - Park and Open Space 561.79 578.19 16.40 ROW - Right of Way 1,502.14 1,500.34 -1.80 RRR - Railroad 150.80 150.80 0.00 Water/Wetlands 499.44 499.44 0.00 Total 6,908.74 6,908.74 0.00 *All acreages are net 114 Comments received at December 19, 2024 open house Comment: This is the single worst policy proposal I have ever seen the city of SLP do in my 30 plus years of residence! There was insufficient notice of this widespread change that will fundamentally change our city forever. I am deeply disappointed this is being pushed through without adequate notice or thought. We love SLP but it is policies like this that is pushing people out/ You have the ability, to review proposed changes to properties and setbacks. Leave that alone and continue to review on a parcel-by – parcel basis. Comment: Mark Fredrickson This proposal fundamentally changes the neighborhoods where I have owned my largest asset for 34 years. On very little notice, w/o a clear, compelling reason for a change, to serve the people who might move here, not people who do live here Leave R1 alone, preserve neighborhoods. Comment: JoAnn Schutz I’m just interested in what the city is doing regarding housing and rezoning to provide equal access. Comment: Jeli Rasmussen I think SLP’s decision to re-zone/define is great. MN and the nation are experiencing a housing shortage and allowing for increased density is a great solution. I look forward to seeing it unfold and administrative processes re-designed to support more streamlined applications. Comment: Joe Dalager Not in agreement with N-1. Would create a drastic change to single-family houses neighborhoods. People move to these neighborhoods specifically for single family type housing. Concerns- upkeep by landlords, developers driving cases forcing out single family living. Should keep St. Louis Park as good place to live and not becoming Minneapolis. Comment: Marc Cardon I’ve been all for this for many. Many months now. Let’s avoid further delays and postponements. BRAVO Comment: Barb Patterson 115 Great, great! I'm pleased about increased options for N1. Commnet: Mark V Anderson I am very much of the opinion that the fewer restrictions the better. So you are going in the right direction but have far to go. The more complex zoning is, the worse free markets will work, which causes housing shortages and misallocations. Commnet: L Mohr Sucks. There is a reason I don’t live in Minneapolis. Comment: Ryan Griffin We should use a population target (eg. 60,000 people) to drive our comprehensive zoning plan. We’ll need more mixed use and higher rise buildings to achieve population growth that we know is coming. Meanwhile, we will lose trees and green spaces and wild spaces by trying to increase low density development. Focus on High density! Comment: Ryan Griffin Why do we still let parking minimums keep small businesses from opening? We need parking Maximums, not Minimums. We need to be building for the future we want. Example: Park Nicollet is taking over the commercial hub at Excelsior and HWY 1000. Bulldozing businesses to create parking lots should not be accepted here! Comment: Erik Michaelson I love the plan! The only tweak I’d suggest is to allow split 20 ft wide lots in N1 regions. This would allow more owner-occupied housing at higher densities which would encourage more young families hoping to own not rent, to invest in the neighborhoods. Comment: Ryan Griffin I'm Concerned that staff and council are promoting low-density development in wild spaces such as the one between Minnikhada Vista Park and Webber Park (Edina). This is one of a few untouched, un- manufactured natural spaces in SLP. We need to classify this land as park or “Wild” and ensure it’s protected. Let's put high density housing in transit corridors instead. Comment: Cheryl Scheer 116 Hearing from city official regarding housing “design” vs. Zoning compliance was educational (i.e. it’s w/in zoning rules to build a hideous house). Appreciate being able to ask questions and share concerns. Comment: Richard Lang What design criteria will be applied for building a large multi-family home in the new zoning areas? Example: House on MTKA Blvd, next to Louisiana – on SLP’s Main Street. Comment: Jonathan Shaver - Who is responsible for shared relationship in twin/triplex homes? (paint/care/upkeep) - Will there be a limit of the number of knockdowns allowed per square acre? - How much parking required [per duplex/triplex 4-plex? - Do we need to update landlord requirements because this will result in more rentals? 117 Comments received by email following the December 19, 2024 open house. Bryce Purdy: Hi Gary, Thanks for taking the time to get back to me. Here are my questions below. I know it's "after the fact" regarding the time for comment, but I'd like to learn the answers anyway as a ~14 year resident who really enjoys life in St Louis Park. If you or staff have time to direct me to answers, or simply comment yourselves, I'd greatly appreciate it. Thanks! 1. Does the city use a calculation for type, amount, and access to, natural space for neighborhoods? 2. If so, how was it determined and how do we compare to other similar cities in MN? Bryce ________________________________ Louise Winter I am happy to see the city of St. Louis Park proposing changes that will increase the potential for increased housing in the city. Similar to other states across the nation, Minnesota is suffering from a housing shortage of 100,000+ homes/rentals. We know that when people are in affordable stable housing in the communities they want to live, that working families can thrive. While our city can’t solve the larger problem, the proposed zoning changes are a step in the right direction. All people want is a rental that is affordable and stable in a decent neighborhood. I am supportive of the new zoning that allows for increased density of housing. I also encourage the city to provide additional aspects, like density bonuses to builders who commit to a 20% of units being restricted to 50% AMI or 40% being restricted at or below 60% AMI or housing that is zero energy ready. I also want to urge the city to follow these zoning changes with an expedient revision of city review processes to ensure they are streamlined to allow for speedier development. _________________________ 118 Dan DeBord Hi Aaron, I wanted you to see what I face most mornings leaving my driveway around 4am. This is a night view but those cars are in place in the morning. As I said earlier, I have to back into my neighbor’s driveway and then negotiate a tight turn to get on the street. The narrowed street from your project is just too tight! And not what best serves the residents! Heads up I am going to use this example of the city taking actions against the interests of residents in my opposition to the new proposed zoning laws. Both instances are just so discouraging Aaron. ___________________________________ 119 Juli Rasmussen Dear Mr. Morrison, I am happy to see the city of St. Louis Park proposing changes that will increase the potential for increased housing in the city. Similar to other states across the nation, Minnesota is suffering from a housing shortage of 100,000+ homes/rentals. We know that when people are in affordable stable housing in the communities they want to live, that working families can thrive. While our city can’t solve the larger problem, the proposed zoning changes are a step in the right direction. As someone who has an adult daughter and her family living with us, I can attest personally to the need for more affordable housing. Our daughter and family have struggled to find affordable and stable housing for several years. As you can imagine, this takes a toll on them as working adults and on our grandson. All they want is a rental that is affordable and stable in a decent neighborhood. I am supportive of the new zoning that allows for increased density of housing. I also encourage the city to provide additional aspects, like density bonuses to builders who commit to a 20% of units being restricted to 50% AMI or 40% being restricted at or below 60% AMI or housing that is zero energy ready. I also want to urge the city to follow these zoning changes with an expedient revision of city review processes to ensure they are streamlined to allow for speedier development. ________________________ Liesl Wiborg I am supportive of the new zoning that allows for increased density of housing. I also encourage the city to provide additional aspects, like density bonuses to builders who commit to a 20% of units being restricted to 50% AMI or 40% being restricted at or below 60% AMI or housing that is zero energy ready. I also want to urge the city to follow these zoning changes with an expedient revision of city review processes to ensure they are streamlined to allow for speedier development. I love living in SLP! Thank you for making this a wonderful city! ______________________ John Anderson I am supportive of the new zoning that allows for increased density of housing. I also encourage the city to provide additional aspects, like density bonuses to builders who commit to a 20% of units being restricted to 50% AMI or 40% being restricted at or below 60% AMI or housing that is zero energy ready. I also want to urge the city to follow these zoning changes with an expedient revision of city review processes to ensure they are streamlined to allow for speedier development." 120 1 Responses to the Proposed Zoning Code Update by Bill Weber 3824 Huntington Avenue (the Minikahda Vista neighborhood) bill@weberplanning.com 612-616-7768 July 2024 Housing Issues I agree that the zoning code should be revised to better accommodate contemporary small-lot singles and 2-, 3- and 4-unit buildings. However -- and this is essential – in its zeal, the City should not allow new housing to harm the value of solid residential neighborhoods or be contrary to creating a city that is walkable and attractive. Simply put: do not allow garage doors to dominate the streetscape of any neighborhood, which is a major threat as housing density and costs both increase. Most of St. Louis Park benefits from being built in an era when parking multiple large vehicles was not a primary concern. The very large supply of post-War Cape Cod style housing does provide some degree of “naturally occurring affordable housing” and “starter houses” in the range of 6 to 9 units per net acre, which most city planners would consider mid-density housing. Blocks with such housing should be protected and not all seen as redevelopment targets. I agree that the current zoning code is lengthy, inconsistent and difficult to use. Proposed Zoning Map Planning statement: “The City’s goal is to expand housing options in all neighborhoods with one- to three-unit dwellings allowed in the N-1 District.” • That statement worries me greatly as nearly the entire Minikahda Vista neighborhood is proposed to be zoned N-1. I am strongly opposed to allowing two-or three-unit buildings on blocks in my neighborhood that have long been dedicated to detached housing with this exception: o On the perimeter of the neighborhood along arterial roads such as Excelsior Boulevard or France Avenue. So, I ask that the planning statement be refined by distinguishing between blocks that are solidly detached housing and locations in or around the neighborhood that are characterized by the descriptors used for the N-2 district. The map of proposed zoning does this by locating the N-2 district along Excelsior Boulevard and France Avenue that but the planning statement leaves open the possibility for housing in the interior that is incompatible with existing development. 121 2 Dropping a two-or three-unit building into the middle one of these blocks would do substantial and irreparable harm to housing value. As the Minikahda Vista neighborhood does not have alleys, the result would be a row of garages facing the street, which would be incompatible with the appearance of the rest of the block. The design guidelines would allow garages for three- or four-unit buildings to be flush with the façade. In locations with alleys, the effect would be less but not inconsequential. Other effects include trash handling, on-street parking and general noise. The vast majority of the Minikahda Vista neighborhood as well as many other neighborhoods in the city are well-maintained and have an unmistakable single- family physical character. Residents there generally love their locations and have made substantial investments in their houses. Speaking for my wife and I, had we wanted to live in a neighborhood that was not solidly detached houses, we would have stayed in Minneapolis. The proposed change is not what we bought into or what we expect for the future. So, unless the proposal is refined, the City would betray our trust. The illustrations of two- or three-unit housing provided on the zoning update Website are highly misleading as they all show front doors and porches along the street. That would only occur on blocks with alleys at best. I ask that the City be more honest about the potential visual effect of the mid-density proposals. In addition, several of the photos illustrate housing styles that are 50 to 100 years old and are simply not built anymore; please use contemporary examples. Planning statement: “The N-1 District is intended for mostly house-scale buildings located among neighborhood streets, along portions of multi-modal streets, and farther from commercial and employment centers than other districts.” •The proposed definition of house-scale buildings includes two- and three-unit buildings. Therefore, my preceding comments apply to this planning statement. •I favor the general descriptions of the N-2, N-3 and N-4 districts. •I like the slider on the proposed zoning map that allows users to compare the existing and proposed zoning. N-1 District Site and Building Standards I like these features: •Front yard minimum setback of 25 feet. •Side corner yard setback minimum of 15 feet. •The lot coverage maximums. •All of the dimensional minimum for lots with alleys. I hope you recognize that a 50-foot wide lot for a duplex without an alley will prohibit two-car garages given the 50 percent façade width maximum and the minimum side yard setbacks; this is a good provision. 122 Comments from Bill Weber continued 3 I am not overly concerned about the provisions for singles and doubles that allow a minimum lot width of 50 feet and minimum lot size of 6,000 square feet because the proposal includes requirements for recessing the garage and because I don’t think that any current single-family lots that are larger will be consolidated and resubdivided that small. Density is much less a concern when the garage is handled properly. Please see my comments under Housing Design Standards. Adjust the maximum size and percentage of back yard coverage for detached garages on these new, small lots. I dislike: •Five foot side yard setbacks and 10 feet between buildings. This feels a little tight and I don’t think it would even meet the Building Code if measured between the eaves. Please stay with 7.5 feet. Housing Design Standards Singles and Doubles I like these points: •If a lot is adjacent to an alley, driveway access shall be off the alley. •If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the side street with the lower functional class as defined by the comprehensive plan. •If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the street. •The front façade of an attached garage must be a minimum of 5 feet behind the principal building’s front façade. [ Thank you! This is important to me. ] •A garage with more than two parking stalls shall have the front façade of the third stall set back an additional 3 feet. •The maximum garage width facing a public right-of-way shall not exceed 50% of the principal building’s front facade. [ This is also very helpful. ] •Please add: The primary entrance door shall be on the building façade that faces the street. •Please add: Whenever both sides of a block are redeveloped, even if not full-length, an alley shall be installed and used for driveway access. Three or Four-Unit Building I like these points: •If a lot is adjacent to an alley, driveway access shall be off the alley. •If a lot is not adjacent to an alley but is a corner lot or a through lot, then driveway access shall be off the side street with the lower functional class as defined by the comprehensive plan. •If a lot is not adjacent to an alley nor a corner lot, driveway access can be from the street. •On the public street-facing facade, no garage shall occupy more than 50 percent of any street-facing individual unit facade. 123 Comments from Bill Weber continued 4 •Buildings shall be designed with significant variation in the façade every 60 feet and minor variations at least every 20 feet. Variation can be achieved with articulation, texture, materials, doors, windows, roof dormers, gables, and covered porches. Any architectural projection or recess used to accomplish this change shall be a minimum of six feet wide and two feet deep. •Please add: The primary entrance door shall be on the building façade that faces the street. •Please add: Whenever both sides of a block are redeveloped, even if not full-length, an alley shall be installed and used for driveway access. Detached Garages Please address changes to the size of detached garages. Please refer to my suggestions on this topic, which are being submitted separately, and which were also submitted in 2023. I presume that you will adjust maximum garage sizes and rear yard percent coverage for the new, smaller lots. Schedule The adoption process, meaning votes by the Planning Commission and City Council, is proposed to occur in September and October. Given that members of the public apparently have not been allowed to address the Planning Commission at its many study sessions, that the “open house” meetings just occurred in June and comments are continuing to be submitted in July, that leaves only August (vacation time) to complete a document that will probably be 200 pages in length. So, can meaningful changes be made to the draft in that time? When will the public have a chance to read and comment meaningfully on the text of the code? 124 Comments from Bill Weber continued Proposed Zoning Amendment Regarding Maximum Garage Dimensions in the R-2 Zoning District Width Depth Area Height of Detached Garage 1 Exterior Wall Height 2 Front Setback 3 Side Yard Setback Rear Yard Setback Current Section 36-162 (2), (3) Silent Silent The smaller of 800 square feet or 25 percent of the back yard 15 feet. May be increased to 24 feet where the primary exterior materials of the accessory building match the primary exterior materials of the principal building and the roof pitch matches the primary roof pitch of the principal building; the wall height shall not exceed 9 feet from the floor to the top plate. Silent Same as the house façade (25 feet) 2 feet measured to the eave 2 feet measured to the eave Proposed for parcels greater than 6,500 square feet Detached: 24 Attached: 20 Detached: 24 Attached: 34 Detached: 576 sf Attached: 476 Detached: 16 feet. No exceptions Attached: Silent 9 feet Attached: If porch4 present: Same as house façade If no porch: 4 feet behind the primary façade of the house Third stall must be additional 2 foot setback Attached garage must have windows in the door 4 feet to wall 4 feet to wall 1 Measured to the roof peak 2 Measured from the concrete slab to the top plate. 3 Measured to the garage door. 4 Porch must be open and covered, extend along 10 feet of the front façade and be at least 6 feet deep. Other Dimensional Standards in the R-2 Zoning District Minimum Lot Width Minimum Lot Depth Minimum Lot Area Maximum Building Height Maximum Floor-to-Area Ratio Minimum Front Yard Setback of House Minimum Side Yard Setback of House Minimum Rear Yard Depth to House 60 120 7,200 30 feet 0.35 25 7 and 5 5 25 Both side yard setbacks may be 5 feet if there is a detached garage accessible from the street 125 Comments from Bill Weber continued 5