Zoning Ordinance Steering Committee

Steering Committee Agenda December 19, 2016 This memo includes a detailed list of recommended revisions to Zoning Supplement to the City of Minot. These changes include house-keeping items. Deletions are indicated by red strikethrough text. Additions are indicated by red underline. Comments are given in bold. CHAPTER 1: TITLE AND APPLICATION “R-2” and “R-2B” Two-Family Residence “R2” Two-Family Residential District 1 District “R-3” and “R-3B” Multiple Residence District “RM” Medium Density Residential District 1,2 “C2” General Commercial District and “C-4” Planned Commercial District Planned Unit Development (PUD)3 1 R-2B and R-3B are only available for lots platted prior to July 1, 1980 2 R-3 is only available for lots developed and platted prior to July 1, 2013 3 Developed properties previously zoned C-4 shall attend to underlying C2 except in cases of alterations or changes of use. If an alteration or change of use is proposed, refer to the original development plan with design and dimensional standards being negotiable based on deviation from the original development plan and attendant amenities for the site. Major modifications shall require review and approval from the Planning Commission, while minor modifications may be approved by the Planning staff. CHAPTER 2: DEFINITIONS Duplex: Will be referred to in this ordinance as two-plex with two units under common ownership which may be either located side-by-side or on more than one level, owned by the same person. Hotel: A building in which lodging or boarding are is provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging- house, or an apartment, which are herein separately defined. Multi-plex: Two to four units under common ownership which may be either located side-by-side or on more than one level. CHAPTER 5 – “R1” SINGLE-FAMILY RESIDENTIAL DISTRICT Section 5-7. Lot, Height, Area, and Yard Requirements: d) Minimum lot dimensions shall be as follows: 3) Area – two (2) acres (lots with septic systems in extraterritorial jurisdiction) g) Legal non-conforming dwellings, due to setback requirements, can be replaced at the existing setback provided any replacement structure is within the same footprint as original structure or within current setback requirements. The replacement structure shall be of the same design character, height and roof design as the original structure. CHAPTER 6- “R2” & “R-2B” TWO-FAMILY RESIDENTIAL DISTRICT Section 6-2. General Description: The R2 (Two-Family Residential) District is intended to establish areas for the development of a mixture of single and two-family housing; to restrict encroachment on incompatible uses; to broaden the choice of residential living styles in the City; and to promote quality development. This district includes parcels previously zoned R2 and R2(B). R2(B) is only available for lots platted prior to July 1, 1980. These previously platted parcels are subject to the requirements in this chapter. If lot sizes, setbacks or other requirements in this chapter do not meet the requirements, the site may be considered legal non-conforming subject to requirements in Chapter 25. Section 6-7. Lot, Height, Area, and Yard Requirements: c) Minimum yards are as follows: 1) Front – twenty-five (25) feet at the street of each platted lot. Front yards in R2 district facing a platted or proposed collector or arterial street – forty (40) feet. An exception will be made for a side – loaded garage to be twenty (20) feet provided the lot is an interior lot and a window is included on the street facing garage elevation. 2) Side – six (6) feet, (R-2B) – five (5) feet; or zero (0) feet wherever two (2) units are joined by common wall. 3) Side (street) – twenty-five (25) feet at the street of each platted lot. Corner side yards in R2 district facing a platted or proposed collector or arterial – forty (40) feet. e) For a two-family townhouse in the R2 district, the following shall be required per townhouse as minimums: 1) Lot area (R2) – three thousand and five hundred (3,500) square feet, (R-2B) – two thousand five hundred (2,500) square feet. 2) Lot width (R2) – thirty (30) feet, (R-2B) – twenty-five (25) feet. g) Legal non-conforming dwellings, due to setback requirements, can be replaced at the existing setback provided any replacement structure is within the same footprint as original structure or within current setback requirements. The replacement structure shall be of the same design character, height and roof design as the original structure. CHAPTER 7 – “RM”, “R3”, & “R-3B” MEDIUM DENSITY RESIDENTIAL DISTRICT Section 7-1. Regulations: The regulations set forth in this chapter or set forth elsewhere in this ordinance, when referred to in this chapter, are the regulations in the "RM", “R3”, or "R3B" Multiple Residential Medium Density Residential Districts. Section 7-2. General Description: The purpose of the RM (Medium Density Residential) District is to allow a variety of housing types including single-family attached and detached dwellings and multi-family, multi-story dwellings (stacked) with a minimum net density of six (6) units per acre and maximum net density of sixteen (16) units per acre. This district includes parcels previously zoned R3 and R-3(B). These previously platted parcels are subject to the requirements in this chapter. R3 is only available for lots developed and platted prior to July 1, 2013, and R-3B is only available for lots platted prior to July 1, 1980. If lot sizes, setbacks or other requirements in this chapter do not meet the requirements the site may be legal non-conforming subject to requirements in Chapter 25. Section 7-3. Uses Permitted: a) Duplex/Two-plex, three-plex and multi-plexfour-plex. Section 7-5. Conditional Uses: Within any RM, R3, or R-3B district, no structure or land shall be used for the following uses except by a conditional use permit: Section 7-6. Interim Uses: Not applicable in RM, R3, or R-3B District. Section 7-7. Lot, Height, Area, and Yard Setback Requirements: c) Minimum yards are as follows: 1) Front – twenty-five (25) feet. Front yards in RM district facing a platted or proposed collector or arterial street – forty (40) feet. 2) Side (RM) – ten (10) feet, (R3) – six (6) feet, (R-3B) – five (5) feet, or zero (0) feet wherever two (2) units are joined by common wall. 3) Side (street) in RM district – twenty-five (25) feet. Corner side yards facing a platted or proposed collector or arterial street – forty (40) feet. 6) Principal buildings of Mmulti-story, multi-family dwellings including apartment or condominium buildings provided any principal structures are not located withinshall have a minimum setback of one hundred (100) feet from any existing single-family dwelling and any the property line abutting an R1 or R1S zoning district or existing single-family residential structure. d) Minimum lot area shall be as follows: 1) Area for single- family dwellings in RM, R3, and R-3B districts shall be five thousand (5,000) square feet. Corner lots shall be a minimum of seven thousand (7,000) square feet. 2) Area for a two-family dwelling in RM and R3 districts shall be seven thousand (7,000) square feet with thirty-five hundred (3,500) square feet per unit). In R-3B district the area shall be five thousand (5,000) square feet with twenty-five hundred (2,500) square feet per unit.  3) Area for a three-family dwelling in RM and R3 districts shall be ten thousand (10,000) square feet and in R-3B district six thousand (6,000) square feet. For each additional dwelling unit in the RM and R3 districts in excess of a three-family dwelling, the lot shall have an additional area of three thousand (3,000) square feet. For each additional dwelling unit in the R-3B district in excess of a three-family dwelling, the lot shall have an additional area of two thousand (2,000) square feet. 4) Minimum net density of eight (8) units per acre and maximum net density of sixteen (16) units per acre. e) Minimum lot dimensions shall be as follows: 1) Lot width (RM and R3) – sixty (60) feet (interior), (R-3B) – fifty (50) feet g) Legal non-conforming dwellings, due to setback requirements, can be replaced at the existing setback provided any replacement structure is within the same footprint as original structure or within current setback requirements. The replacement structure shall be of the same design character, height and roof design as the original structure. Section 7-8. Design Requirements for Buildings Containing Three Units or Greater of Attached Units: Multi-story, multiple-family buildings in the RM, R3, and R-3B districts shall follow the RH Special Minimum Requirements for Multi-Family Residential Developments in Section 9-8. Section 7-9. Miscellaneous Provisions: Not applicable in RM, R3, or R-3B Districts. CHAPTER 8 – “R3C” TOWNHOUSE RESIDENTIAL DISTRICT Section 8-2: General Description: The R3C (Townhouse Residential) District is established as a district in which the principal use of the land shall be townhouse dwellings. The R3C district will be limited to areas guided Medium Density on the Future Land Use Plan and those Medium Density guided parcels that are immediately abutting or are across the street from existing single family residential where townhome versus stacked multi-story, multiple family is more compatible. Density range shall be six (6) and twelve (12) units per acre. Section 8-8: Design Requirements for Townhome buildings containing three units or greater: k) Legal non-conforming dwellings, due to setback requirements, can be replaced at the existing setback provided any replacement structure is within the same footprint as original structure or within current setback requirements. The replacement structure shall be of the same design character, height and roof design as the original structure. CHAPTER 9 - "RH" HIGH DENSITY RESIDENTIAL DISTRICT Section 9-7. Lot, Height, Area, and Yard Requirements: e) Minimum lot area shall be as follows: 2) Area for a stackedmulti-story, multiple family building shall be one (1) acre with a one hundred (100) feet lot width. f) Legal non-conforming dwellings, due to setback requirements, can be replaced at the existing setback provided any replacement structure is within the same footprint as original structure or within current setback requirements. The replacement structure shall be of the same design character, height and roof design as the original structure. Section 9-8. Special Minimum Requirements for Multi-Family Residential Developments. a) Building Design and Materials – Multi-family (stackedmulti-story): Each façade of a townhouse, twin home or stackedmulti-story multi-family buildings shall be finished with a minimum of two (2) different colors and two (2) different finishes (exterior finishes exclude exposed foundation walls constructed of poured concrete or smooth-face concrete block, whether painted or not painted). CHAPTER 11 –“C2” GENERAL COMMERCIAL DISTRICT d) Minimum lot area – ten thousand (10,000) square feet, two (2) acres for properties with septic systems in extraterritorial jurisdiction CHAPTER 12 - “C3” CENTRAL BUSINESS DISTRICT Section 12-13. Signage Permitted within the C3 District: a) Standards: All signs erected on any building or land within the C3 district must comply with the standards of this section and sections Section 22-91-15. CHAPTER 14 - "M1" LIGHT INDUSTRIAL DISTRICT Section 14-3. Uses Permitted: a) A building or premises may be used for the manufacturing, fabricating, assembling, or processing of products or materials including, among others, factories, assembling plants, food processing plants, and industrial laboratories. In addition to those uses, which are also permitted in the C2 and C3 districts (except residential uses)., Tthe following are typical permitted uses: Section 14-4. Conditional Uses: 4) Outdoor storage areas using gravel or other crushed and/or recycled asphalt, concrete or gravel shall comply with requirements in Section 23.-6 (e) & (f) of this code. Section 14-7. Lot, Height, Area and Yard Requirements: d) Minimum lot area – ten thousand (10,000) square feet, two (2) acres for properties with septic systems in extraterritorial jurisdiction. CHAPTER 15 – “M2” HEAVY INDUSTRIAL DISTRICT Section 15-8. Lot, Height, Area and Yard Requirements: d) Minimum lot area – ten thousand (10,000) square feet, two (2) acres for properties with septic systems in extraterritorial jurisdiction. CHAPTER 22 – SIGNAGE REGULATIONS Section 22-6. Temporary Signs: (only for grand openings, special events, and holidays) a) Permitted in C1, C2, C-4, GMU, M1 and M2 districts based on the following regulations. b) No more than two (2) temporary signs (banner or portable sign) not exceeding, 2) One hundred and fifty (150) total square feet allowed in the C2, C-4, and M2 districts placed on an outside building wall (or tenant space in the case of multiple occupancy). h) Temporary signs for non-profit civic campaigns or events, political campaigns, or other noncommercial events are permitted in any zoning district and are exempt from other provisions of this Article, subject to the following requirements: 3) Portable signs: a. In the C2, C-4, GMU, M1 and M2 districts, portable signs shall not exceed sixty-four (64) square feet nor exceed eight (8) feet in height. Portable signs shall not be placed in the right-of-way. Portable signs are consider a temporary sign and required to follow the all regulations in this section governing the use of temporary signage. d. Are prohibited in all zoning districts not specifically listed above. A high impact sign may not be displayed at a location at which a portable sign is displayed; neither shall a portable sign be displayed at a location at which a high impact sign is displayed. i. With respect to multi-tenant properties in C2, C-4, GMU, M1 and M2 districts consisting of three (3) or more businesses under six (6) or more separate leases, a maximum of either: (a) two (2) portable signs or (b) one (1) portable sign and one (1) high impact sign may be displayed during any given period on such multi-tenant property. For every four (4) businesses in addition to the initial three (3) businesses, one (1) additional portable sign is allowed. i) High Impact Signs: A high impact sign may be displayed for a period no longer than the following: 1) In C2, C-4, GMU, M1 and M2 districts, high impact signs may be displayed at a location for a period not to exceed fourteen (14) days in any twelve (12) month period, but in no event may a high impact sign be displayed within three hundred (300) feet of any residential zoning district, as measured in all directions. High impact signs are prohibited in all other zoning districts. Section 22-8. Commercial Districts Allowable Signage (C1, C2, C-4, and GMU): b) Projecting signs/Flag mount: 1) Projecting signs may be erected with a sign face of not more than fifty (50) square feet. The sign shall not extend above the top of the wall or façade to which it is attached. The sign shall be located a minimum of eight (8) feet above ground level. Projecting signs shall be permitted in a C1, C2, C3, C-4, or GMU district. CHAPTER 22.1 - OFF-PREMISE SIGNAGE (BILLBOARD) REGULATIONS Section 22.1-5. Size and Location: a) Billboards are permitted only upon properties zoned C2 (General Commercial), M1 (Light Industrial), M2 (Heavy Industrial), and M3 (Office Park), and properties formerly zoned C-4 (Planned Commercial) and along the following roadways and : Highway 83; Highway 2/ 52 Bypass; Highway 2 E & Highway 2 W; Burdick Expressway; Highway 83 Bypass; 55th Street NE; and Highway 52. CHAPTER 25 – NONCONFORMING USES Section 25-1. Nonconforming Uses: h) A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than sixty percent (60%) of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. Dwellings with nonconforming setbacks in residential districts may be replaced at the existing setbacks provided the replacement dwelling is within the same footprint. CHAPTER 29: MISCELLANEOUS Section 29-2. Enforcement; Procedure: It shall be the duty of the City Engineer Planning Director or his/her authorized representative to enforce this ordinance. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this ordinance, the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. CHAPTER 30: ADMINISTRATIVE PROCEDURES Section 30-2. Variances: g) Any variance approved by the Planning Commission shall have a time limit of one (1) year after the Commission’s approval, during which the variance must be put into effect by the owner. Alternatively, the Planning Commission may establish a different time limit for any variance implementation if special circumstances warrant the same. If the time limit should expire before the variance is put into effect, the City EngineerPlanning Director, upon the owner’s written request, may grant additional time, not to exceed the number of days originally allowed by the Commission. Section 30-3. Conditional Use Permits: e) City Council Action: When it has been determined by the City Council (with approval by majority vote, 8 affirmative votes) that such conditional use will promote the public health, safety, and welfare, and that such proposal is, in general, compatible with adjacent or nearby land uses, the zoning code, and the City's comprehensive plan, the City Council may approve the conditional use permit. In authorizing this permit, the City Council may impose such conditions it deems necessary, i.e. landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, signage, planting screens, operational control, hours of operation, compatibility of appearance, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, to fulfill the purpose and intent of this Ordinance. Any conditions imposed by the City Council shall be attached to the conditional use permit and failure to comply with any condition in a conditional use permit shall be a violation of this Ordinance.