Professional Documents
Culture Documents
Northfield, Minnesota
Land Development Code
Advisory Group Review Draft
1.1.12 Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented
development, compact community form, safe and effective multi-modal traffic circulation (e.g.,
pedestrian, bicycle, and vehicular), and adequate on- and off-street parking facilities;
1.1.13 Protect the rural character of certain areas of the community as identified in the comprehensive
plan;
1.1.14 Encourage vibrancy in the downtown core and fringe areas;
1.1.15 Ensure compatibility between different types of development and land uses; and
1.1.16 Create a comprehensive and stable pattern of land uses upon which to plan transportation, water
supply, sewerage, energy, and other public facilities and utilities;
1.2 Title
This Land Development Code shall be known and may be cited as the “Land Development Code of the
City of Northfield, Minnesota,” the “LDC,” the “Land Development Code,” or just the “Code.”
1
Because this district and the R3-B district are discontinued and are found in different land use plan categories, we
have not included a reference to the appropriate comprehensive land use category as we have done in other districts.
(2) The C1-B district should generally apply to those areas designated as “Core” and
“Center” on the framework map of the comprehensive plan.
(B) Site Development Standards
See Section 3.2.2, C1-B District Site Development Standards for the site development
standards that apply to the C1-B district.
(C) Other Development Standards
In addition to the standards established for the C1-B district, all development shall be
subject to all other applicable standards in Article 3: Development Standards.
2.3.7 Gateway Commercial District (C2-B)
(A) Purpose
(1) The purpose of the C2-B Gateway Commercial District is to accommodate
professional offices, general commercial uses, and larger scale businesses that sell
goods and provide services to the general public in a setting that is focused around
nonresidential uses. While pedestrian level activity and access is highly
encouraged, the city recognizes that vehicular access is also important to the
businesses along the city’s general commercial corridors. The design and develop
standards for this district are designed to increase the quality of development,
ensure safe interaction between vehicular and pedestrian traffic, and frame the
actual corridor through standards that bring building edges closer to the street.
(2) The C2-B district should generally apply to those areas designated as “Corridor” on
the framework map of the comprehensive plan.
(B) Site Development Standards
See Section 3.2.3, C2-B District Site Development Standards for the site development
standards that apply to the C2-B district.
(C) Other Development Standards
In addition to the standards established for the C2-B district, all development shall be
subject to all other applicable standards in Article 3: Development Standards.
2.3.8 Industrial District (I1-B) [DISCONTINUED DISTRICT]
(A) Purpose
(1) The purpose of the I1-B district is to provide an area to accommodate
manufacturing, general businesses, offices, service and repair businesses,
warehousing and office showroom uses. Only limited and incidental retailing shall
be allowed in this district. Its overall character is intended to be compatible in scale
and intensity with the adjacent gateway commercial district. The portion of the
district that abuts the Cannon River shall be developed in a manner that enhances,
restores, augments and maintains the ecology and beauty of this natural corridor.
(2) The C2-B district should generally apply to those areas designated as “District” on
the framework map of the comprehensive plan.
(B) Discontinued District
The I1-B zoning district is a discontinued district and is maintained in this Code to
minimize the creation of nonconformities. Applications for amendments to the Official
Zoning Map for the I1-B district shall be prohibited after the effective date of this Code.
illustrative in nature and may be updated, in whole or in part, at any time. Only
properties included as part of a college campus in a campus master plan may be
included in the CD-S District.
(2) Approval of individual buildings and development within an IDA area of an CD-S
zoning district shall be subject to a Type 2 review procedure as established in
Section 5.4.4, Type 2 Procedure (City Planner Decision with DRC Review).
(3) Approval of individual buildings and development within an PTA area of an CD-S
zoning district shall be subject to a Type 3 review procedure as established in
Section 5.4.5, Type 3 Procedure (Planning Commission/HPC Decision).
(4) If a traffic and stormwater management plan is not completed during the rezoning
process, such plans shall be required as part of any future site plan approval is
required for a new structure.
(D) Site Development Standards
See Section 3.2.6, CD-S District Site Development Standards for the site development
standards that apply to the CD-S district.
(E) Other Development Standards
In addition to the standards established for the CD-S district, all development shall be
subject to all other applicable standards in Article 3: Development Standards.
2.4.3 Public and Institutional District (PI-S)
(A) Purpose
(1) The PI-S zoning district is intended to establish and protect sites for city, state,
federal, and school district uses while also ensuring compatibility with the
surrounding neighborhoods. The PI-S zone implements and is consistent with the
land use designations of the comprehensive plan.
(2) The PI-S district can potentially apply to any land in any category on the
framework map of the comprehensive plan.
(B) Additional Site Plan Review Requirements
In addition to the requirements established for site plan review in Section 5.5.6, Site Plan
Review, the City Engineer shall have the authority to require a traffic impact study or
stormwater management study depending on the size and impact of the proposed use.
(C) Other Development Standards
(1) More than one principal building may be located on a single lot.
(2) In addition to the standards established for the PI-S district, all development shall
be subject to all other applicable standards in Article 3: Development Standards.
2
Most of the standards for the FP-O and WS-O districts have been moved to Article 3 (Development Standards).
See Sections 3.15 and 3.16 of this draft.
(2) Compliance
(a) No new structure or land shall hereafter be used and no structure shall be
constructed, located, extended, converted, or structurally altered without full
compliance with the terms of this section and other applicable regulations
that apply to uses within the jurisdiction of this section. Within the floodway,
flood fringe, and general flood plain subdistricts, all uses not listed as
permitted uses or conditional uses in this section shall be prohibited. In
addition:
(i) New manufactured homes, replacement manufactured homes, and certain
travel trailers and travel vehicles are subject to the general provisions of
this section and specifically Section 3.12.9, Manufactured Homes and
Manufactured Home Parks and Placement of Recreational Vehicles.
(ii) Modifications, additions, structural alterations, normal maintenance and
repair, or repair after damage to existing nonconforming structures and
nonconforming uses of structures or land are regulated by the general
provisions of this section and specifically Section 3.12.11,
Nonconforming Uses.
(b) As-built elevations for elevated or flood proofed structures must be certified
by ground surveys and flood proofing techniques must be designed and
certified by a registered professional engineer or architect as specified in the
general provisions of this section, Section 3.12, District Development
Standards for the FP-O District.
(E) Amendments
(1) The flood plain designation on the official zoning map shall not be removed from
flood plain areas unless it can be shown that the designation is in error or that the
area has been filled to or above the elevation of the regulatory flood protection
elevation and is contiguous to lands outside the flood plain. Special exceptions to
this rule may be permitted by the DNR Commissioner if he determines that,
through other measures, lands are adequately protected for the intended use.
(2) All amendments to this section, including amendments to the flood plain
designation on the official zoning map, must be submitted to and approved by the
DNR Commissioner prior to adoption. Changes in the official zoning map must
meet the Federal Emergency Management Agency's (FEMA) Technical Conditions
and Criteria and must receive prior FEMA approval before adoption. The DNR
Commissioner must be given ten-days written notice of all hearings to consider an
amendment to this section and said notice shall include a draft of the Chapter
amendment or technical study under consideration.
2.5.2 Wild and Scenic River/Shoreland/Public Waters Overlay District (WS-O)
(A) Purpose
The purpose of this district is to protect and preserve the scenic, recreational, natural and
historical values of the Cannon River in the city by ensuring that development within this
river corridor is consistent with the state Wild and Scenic Rivers Act, to provide for the
protection and wise development of shoreland areas along the Cannon River, with the
Shoreland Management Act, and to provide for the protection and wise development of
shoreland areas in accordance with the Shoreland Management Act.
AH-S
NC-F
I1-B*
CD-S
ED-F
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
PE = Pre-Existing Use
[#] Reference to Notes at Bottom of the Table
R2-B*
R3-B*
AH-S
NC-F
I1-B*
CD-S
ED-F
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
PE = Pre-Existing Use
[#] Reference to Notes at Bottom of the Table
R2-B*
R3-B*
AH-S
NC-F
I1-B*
CD-S
ED-F
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
PE = Pre-Existing Use
[#] Reference to Notes at Bottom of the Table
Personal Services -- --
-- -- P P P C -- P -- C [1] C
Private Clubs -- --
-- -- -- P P -- -- -- -- -- --
Restaurant -- --
-- -- -- P P -- -- P -- C [1] C
Restaurant, Fast-Food -- --
-- -- -- PE P -- -- C -- -- C
Restaurant, Limited Service PE --
-- -- C P P -- -- P -- C [1] C
Retail Sales and Service -- --
-- -- P P P P -- P P C [1] P 2.9.14
Theaters -- --
-- -- -- P P -- -- P -- -- --
Mixed Use Category
Mixed Use (With Residential Uses) -- -- -- -- -- P C -- -- -- -- C [1] -- 2.9.11
Mixed Use (Without Residential Uses) -- -- -- -- -- -- P -- -- -- -- C [1] -- 2.9.11
Industrial, Manufacturing, Research, and Wholesale Use
Automobile or truck repair, including
-- -- -- -- -- -- C P -- -- -- -- C
body work
Bakeries (Factory or Distribution) -- -- -- -- -- -- P P -- -- -- -- P
Bulk Storage of Liquids -- -- -- -- -- -- -- C -- -- -- -- C 2.9.5
Contractor Offices, Warehouses, and
-- -- -- -- -- -- C P -- -- -- -- --
Yards
Distribution Facilities -- -- -- -- -- -- P P -- -- -- -- P
Industrial Uses (Indoors) -- -- -- -- -- -- -- P -- -- -- -- P
Industrial Uses with Outdoor/Open
-- -- -- -- -- -- -- P -- -- -- -- --
storage of Parts, Products, or Fuels
Lumberyards and Construction
-- -- -- -- -- -- P P -- -- -- -- --
Material Sales
Mining, Extraction, and Aggregate
-- -- -- -- C C C C C C C -- C 2.9.10
Processing
Mini-Warehouses -- -- -- -- -- -- P P -- -- -- -- --
Outdoor Storage and Sales of Material,
-- -- -- -- -- -- C P -- -- -- -- --
Wholesale
Recycling of Aggregate Material -- -- -- -- -- -- -- P -- -- -- -- --
Research and Development,
-- -- -- -- -- -- C P -- P -- -- P
Laboratories
Warehouses -- -- -- -- -- -- -- P -- -- -- -- P
Public, Institutional, or Recreational Use Category
Campground -- -- -- -- -- -- -- -- -- -- P -- --
Cemetery C C C -- C -- C -- C -- C -- --
Cultural Institutions C C C C C C C -- -- P C C [2] --
Golf Course -- -- -- -- C -- -- -- C -- P -- --
Hospital -- -- -- -- -- -- P -- -- -- P -- --
Indoor Recreational Facilities -- -- -- -- -- -- C C C C C -- C
R2-B*
R3-B*
AH-S
NC-F
I1-B*
CD-S
ED-F
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
PE = Pre-Existing Use
[#] Reference to Notes at Bottom of the Table
(3) Adult Health/Sport Club: A health or sport club which excludes minors because of
age, if such club is distinguished or characterized by an emphasis on specified
sexual activities or specified anatomical areas.
(4) Adult Hotel or Motel: A hotel or motel where minors are specifically excluded
from patronage because of age and where material is presented which is
distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
(5) Adult Mini-Motion Picture Theater: A building or portion of a building with a
capacity for less than 50 persons used for presenting material if such material is
distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas. The phrase
"used for" in this definition means a regular and substantial course of conduct and
not a one-time presentation of such material.
(6) Adult Modeling Studio: An establishment whose major business is the provision, to
customers, of figure models who are so provided with the intent of providing
sexual stimulation or sexual gratification to such customers and who engage in
specified sexual activities or display specified anatomical areas while being
observed, painted, painted upon, sketched, drawn, sculptured, photographed, or
otherwise depicted by such customers.
(7) Adult Motion Picture Arcade: Any place to which the public is permitted or invited
wherein coin- or slug-operated or electronically, electrically or mechanically
controlled or operated still or motion picture machines, projectors or other image-
producing devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities
or specified anatomical areas. The phrase "used for" in this definition means a
regular and substantial course of conduct and not a one-time presentation of such
material.
(8) Adult Motion Picture Theater: means a building or portion of a building with a
capacity of 50 or more persons used for presenting material if such building or
portion of a building as a prevailing practice excludes minors because of age and if
such material is distinguished or characterized by an emphasis on specified sexual
activities or specified anatomical areas for observation by patrons therein.
(9) Body Painting Studio: An establishment or business that provides the service of
applying paint or other substance, whether transparent or nontransparent, to the
body of a patron when such body is wholly or partially nude in terms of specified
anatomical areas.
(10) Cabaret: A building or portion of a building for providing dancing or other live
entertainment, if such building or portion of a building excludes minors by virtue
of age and if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display, or depiction of specified
sexual activities or specified anatomical areas.
(11) Companionship Establishment: A companionship establishment that excludes
minors because of age, and that provides the service of engaging in or listening to
conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas.
(Q) Kennels
A facility for the boarding, breeding, raising, grooming, selling, training, or other animal
husbandry activities for dogs, cats, or other animals for financial or other compensation.
(R) Motor Vehicle Sales and Rental
Facilities where new or used vehicles, in operational condition, are sold, leased, or rented
to customers.
(S) Parking Lots
Land that is surfaced in accordance with Section 3.8,Off-Street Parking, Loading, and
Mobility, used for the temporary parking of vehicles.
(T) Personal Services
Establishments that are primarily engaged in providing services generally involving the
care of the person or person’s possessions. Personal services may include, but are not
limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and
fitness studios, music schools, informational and instructional services, tanning salons,
and portrait studios.
(U) Private Clubs
Buildings or premises owned or operated by a corporation, association, or group of
persons for a social, educational, or recreational purpose, but not primarily for profit or to
render a service which is customarily carried on as a business.
(V) Restaurant
An establishment whose principal business is the selling of food and beverages to the
customer in a ready to consume state, in individual servings.
(W) Restaurant, Fast-Food
A restaurant where most customers order and are served food at a counter or in a vehicle
(through a drive-through establishment) in packages prepared to leave the premises, or
able to be taken to a table or counter to be consumed.
(X) Restaurant, Limited Service
A small-scale restaurant that serves a limited menu that may include cafes, coffee shops,
and small specialty restaurants.
(Y) Retail Sales and Service
Establishments primarily engaged in the sale of goods and materials to the general public.
Retail commercial uses may include, but are not limited to, bookstores, antique stores,
convenience stores, bakeries, grocery stores, and other similar uses.
(Z) Theaters
A building or part of a building devoted to showing motion pictures, or for dramatic,
dance, musical, or other live performances.
2.8.6 Mixed Use Category
Development of a lot or structure with two or more different uses such as, but not limited to,
residential, office, retail, public, or institutional.
(C) The establishment shall conform with state health and building code requirements and
shall show proof of inspection or proof of proper operating licenses by the state and/or
county.
(D) Only overnight guests shall be served unless otherwise authorized as part of the
conditional use permit approval.
(E) The facility shall be limited to no more than four guestrooms with a maximum guest
capacity as determined by fire and building regulations.
(F) A minimum of one off-street parking space for each guestroom and two off-street parking
spaces for the resident owner-manager shall be required. All parking areas for four or
more vehicles shall meet the standards of Section 3.8, Off-Street Parking, Loading, and
Mobility, and shall be set back a minimum of ten feet from all property lines, and shall be
screened from adjacent residential uses and public streets.
(G) On-premises advertising for any bed and breakfast establishment shall comply with the
city’s sign regulations in Section 3.7, Signage. The content of any such sign shall be
limited to identifying not more than the name and address of the facility. No sign shall be
internally illuminated.
(H) No external vending machines shall be allowed.
2.9.5 Bulk Storage of Liquids
The bulk storage of liquids shall be subject to all applicable local, state, and federal laws.
2.9.6 Day Care Facilities
(A) Day care facilities shall be subject to all standards of this Code and requirements imposed
by the State of Minnesota.
(B) Picking up and dropping off of children shall not create unsafe conditions. Loading and
unloading of children from vehicles shall only be allowed in the driveway or in an
approved parking area.
2.9.7 Drive-Through Establishments
The following standards shall apply to businesses that contain a drive-through establishment,
regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or
if it is a stand-alone use (e.g., automatic teller machine)..
(A) General Standards
(1) Audible electronic devices such as loudspeakers, automobile service order devices,
and similar instruments shall not be located within 300 feet of any residential
dwelling unit, and shall not be audible at levels greater than those established in
Section 3.3.4(I), Noise.
(2) No service shall be rendered, deliveries made, or sales conducted within the
required front yard; customers served in vehicles shall be parked to the sides and/or
rear of the principal structure.
(3) All drive-through areas, including but not limited to menu boards, stacking lanes,
trash receptacles, loudspeakers, drive up windows, and other objects associated
with the drive-through area shall be located in the side or rear yard of a property to
the maximum extent feasible, and shall not cross, interfere with, or impede any
public right-of-way.
(4) A fence or screen between four and six feet in height shall be constructed along any
property line abutting a residential district.
Figure 2-1: Location of stacking spaces and lanes. Note that the stacking lanes are oriented toward the
side and rear yards rather than the front yard.
(2) Stacking lanes shall be provided for any use having a drive-through establishment
and shall apply comply with the following standards:
(a) Drive-through stacking lanes shall have a minimum width of ten feet.
(b) When stacking lanes are separated from other stacking lanes, bypass lanes or
from other site areas, the separation shall be by means of a raised concrete
median, concrete curb, or landscaping.
(c) Stacking lanes shall be set back 25 feet from right-of-ways.
(b) Manufactured homes shall be set back a minimum of 20 feet from the edge
of the street pavement for internal streets and 40 feet from any right-of-way
of a public street.
(c) There shall be a minimum setback of 20 feet from all other manufactured
homes or principal buildings in the park.
(d) The setback between manufactured homes and accessory buildings shall be
five feet.
(F) Structures
Every structure in the manufactured home park shall be developed and maintained in a
safe, approved, and substantial manner. A building permit shall be required for all
structures and shall conform to the state building code. The exterior of every such
structure shall be kept in good repair. Portable fire extinguishers rated for electrical and
liquid fires shall be kept in all service buildings and other locations conveniently and
readily accessible for use by all occupants. All structures shall also require a smoke
detector.
(G) Community Buildings
(1) Each manufactured home park shall have one or more central community buildings
with central heating that must be maintained in a safe, clean, and sanitary
condition. The building shall be constructed in such a manner as to provide safe
conditions during storms.
(2)
All manufactured home parks shall have an area set aside for long-term storage for
such items as boats, boat trailers, hauling trailers, and other equipment not
generally stored within each manufactured home and/or utility building on the
manufactured home lot. This storage area shall be screened with a fence or
enclosure so as to not be visible.
(H) Park Management
Management of the manufactured home park shall be in accordance with the following:
(1) The operator of a manufactured home park shall operate the park in compliance
with this section and shall provide adequate supervision to maintain the park, its
facilities and equipment in good repair and in a clean and sanitary condition.
(2) The operator shall notify park occupants of all applicable subsections of this
section and inform them of their duties and responsibilities under this Section.
(3) The operator of every manufactured home park shall maintain a registry in the
office of the manufactured home park indicating the name and address of each
permanent resident. Each manufactured home site shall be identified by number,
letter or both.
(4) No public address or loudspeaker system shall be permitted.
2.9.10 Mining, Extraction, and Aggregate Processing
(A) Purpose
4The purpose of this section is to control mining, extraction, and aggregate processing so
as to minimize conflicts with adjacent land uses and to ensure that the mining area is
restored at the completion of the mining operation.
(B) Scope
The following operations shall be covered by this section:
(1) The removal, crushing, washing, refining, borrowing or processing of material.
(2) In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut
flagstone, hearthstones, paving stone and similar architectural or structural stone,
and the storing or stockpiling of such products on the site.
(3) The manufacture of concrete building blocks or other similar blocks, if conducted
on the site, the production or manufacture of lime products, the production of
ready-mixed concrete and any similar production or manufacturing processes that
might be related to the mining operations.
(C) Performance Standards
For such operations approved after the effective date of this Code, the following are
required:
(1) The cutting of vegetation and construction, maintenance and operation of
equipment shall be in accordance with the following:
(a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed
as may be necessary to preserve a reasonably neat appearance and to
minimize seeding on adjacent property.
(b) All equipment used for mining and extraction operations shall be
constructed, maintained and operated in such a manner as to minimize, as far
as is practicable, noises, dust and vibrations adversely affecting the
surrounding property.
(2) The mining and extraction operation shall be conducted in such a manner as to
minimize interference with the surface water drainage outside of the boundaries of
the mining operation.
(3) Safety fencing may be required around all or portions of the mining operation.
(4) The intersection of mining access roads with any public roads shall be selected
such that traffic on the access roads will have a sufficient distance of public roads
in view so that any turns onto the public road can be completed with a margin of
safety as determined by the City Engineer.
(5) To minimize problems of dust and noise and to shield mining operations from
public view, a screening barrier may be required between the mining site and
adjacent properties. A screening barrier may also be required between the mining
site and any public road located within 500 feet of any mining or processing
operations.
(6) Mining operations shall not be conducted closer than 30 feet to the right-of-way
line of any existing or platted street, road or highway, except that excavating may
be conducted within such limits in order to reduce the elevation thereof in
conformity to the existing or platted street, road or highway.
(7) All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00
p.m.
(8) All access roads from mining operations to public highways, roads or streets or to
adjoining property shall be paved or surfaced to minimize dust considerations.
(9) Mining operations within the WS-O zoning district shall be conducted in
accordance with the following:
(a) Commercial manufacturing of sand and gravel byproducts shall be a
prohibited use.
(b) Mining operations shall not take place within 300 feet of the Cannon River.
This distance does not apply to water pumps needed for mining operations.
However, appropriation of water from the river shall require a permit from
the Minnesota Department of Natural Resources
(c) No sand and gravel operation shall be conducted on parcels of land or a
combination of parcels less than 20 acres.
(10) Stormwater and process water runoff from the site shall be treated so as not to
degrade received waters.
(D) Land Rehabilitation
All mining sites shall be rehabilitated immediately after mining operations cease.
Rehabilitation shall be complete within one year. The following standards shall apply:
(1) Within three months after the final termination of a mining operation or within
three months after abandonment of such operation for a period of six months or
within three months after expiration of a mining permit, all buildings and structures
incidental to such operation shall be dismantled and removed by, and at the
expense of, the mining operator last operating such buildings and structures. A
temporary extension may be granted by the Planning Commission for one year,
after which the buildings, structures, and machinery shall be removed.
(2) The peaks and depressions of the area shall be graded and backfilled to a surface
which will result in a gently rolling topography, not exceeding 18 percent in grade,
in substantial conformity to the land area immediately surrounding.
(3) Reclamation shall begin after the mining of 25 percent of the total area (planned for
mining) or the first four acres of area is mined, whichever is less. Once these areas
have been depleted of the mine deposit, they shall be sloped and seeded as per the
mining plan approved through the conditional use permit process.
(4) Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil
of land areas immediately surrounding, and to a depth of at least six inches. The
topsoil shall be seeded, or planted with legumes and grasses. Trees and shrubs may
also be planted, but not as a substitute for legumes and grasses.
2.9.11 Mixed-Use Projects
This section provides standards for the design of mixed use projects, where allowed in Table
2.7-1: Permitted Principal Uses. A mixed-use project combines uses in either a vertical
orientation with residential or office uses typically located above commercial uses or
horizontally where multiple uses are located on the same site but in separate buildings or not in
a vertical orientation. Residential units may be allowed at ground level behind street-fronting
nonresidential uses in the horizontal mixed-use orientation only under the limited
circumstances specified by this section. See Figure 3-16 for illustrative examples of both
vertical and horizontal mixed-use orientations.
Figure 2-2: The image on the left shows a vertical mixed-use development. The image on the right
illustrates a horizontal mixed-use development with the red buildings containing retail and office uses
and the brown buildings containing a mixture of residential uses.
(1) The use of shared parking provisions shall be incorporated into mixed-use projects
in compliance with Section 3.8.8 (C), Shared Parking.
(2) Commercial loading areas shall be located away from residential units and shall be
screened from view..
(3) Areas for the collection and storage of refuse and recyclable materials shall be
located on the site in locations that are convenient for both the residential and
nonresidential uses.
(4) A mixed-use project shall be designed to provide residential with public or private
outdoor space, which may be in the form of roof gardens or individual balconies, or
other means acceptable to the City Planner.
(C) Hours of Operation
A mixed use project proposing a commercial component that will operate outside of the
hours from 8:00 a.m. to 6:00 p.m. shall require conditional use permit approval to ensure
that the commercial uses will not negatively impact the residential uses within the
project, or any adjacent residential uses.
2.9.12 Multi-Family Dwellings
(A) Accessory structures shall be designed and constructed with an architectural style,
exterior colors, and materials similar to the structures in the project containing dwelling
units.
(B) Each facade adjacent to a street shall have at least one pedestrian entry into the structure.
(C) No more than 40 percent of the front setback area shall be paved for walkways,
driveways, and/or other hardcover pavement.
(D) Off-street parking for any type of multi-family dwelling with three or more units shall be
located so that it is not visible from the street fronting the parcel.
(E) Multi-Family Dwellings (Apartment Houses) in the N1-B District
(1) Multi-family dwellings (apartment houses) that are permitted in the N1-B district
shall only be permitted when they are located on street type with a functional
classification of a collector or arterial (See Section 3.11.3, Streets.).
(2) Multi-family dwellings (apartment houses) may have common interior entries or
separate exterior entries to each individual unit.
(3) Each apartment house shall be to give the appearance of a large single-family
detached home through the use of porches, pillars, bay windows, roof line changes,
parapets, multiple windows, and similar architectural treatments. See Figure 2-3.
Figure 2-3: These images demonstrate how an attached residential structure of four to eight units can be
constructed to appear as a large detached residential structure.
(3) A ground- or building-mounted satellite dish antenna subject to the provisions for
accessory satellite dishes in Section 2.10, Accessory Uses and Structures.
(4) City-government-owned and -operated towers supporting receive and/or transmit
antennas, including supporting structures, for all public safety and service
purposes, which existed on July 17, 2000.
(C) Towers in the R1-B, R2-B, R3-B, R4-B, AH-S, or CD-S Districts
The construction of commercial towers and antennas in a R1-B, R2-B, R3-B, R4-B, AH-
S, or CD-S Districts are prohibited, except as follows:
(1) Towers supporting commercial antennas and conforming to all applicable sections
of this article shall be allowed as a conditional use, and only in the following
locations:
(a) Church sites, when camouflaged as steeples or bell towers. Antennas and all
other associated structures shall also be camouflaged;
(b) Park sites, when compatible with the nature of the park, provided that the
requirements of Section 2.9.15 (F) (2) are met; and
(c) Government, school, utility and institutional sites.
(2) No tower supporting commercial antennas, the construction of which is permitted
as a conditional use by this section, shall exceed 120 feet in height.
(3) Towers supporting commercial antennas shall be set back from all property lines
abutting property zoned or used for residential purposes or adjacent to the Cannon
River no less than 50 percent of the tower height. Towers shall be set back from all
property lines abutting nonresidential property no less than 25 percent of the total
tower height.
(4) Equipment buildings, shelters or cabinets shall comply with the accessory building
setbacks for the residential zoning district in which it is located.
(D) Towers in All Other Districts
(1) Towers supporting commercial antennas are prohibited in the C1-B district.
(2) Towers supporting commercial antennas and conforming to all applicable sections
of this article shall be allowed in the C2-B as a conditional use.
(3) The maximum height of any tower, the construction of which is permitted by this
section, including all antennas and other attachments, shall not exceed 150 feet in
height or 180 feet in the I1-B district.
(4) Towers shall be set back from all property lines no less than 25 percent of the tower
height, with a minimum setback of 20 feet. Towers shall be set back from all
property lines abutting property zoned or used for residential purposes or adjacent
to the Cannon River no less than 50 percent of the total tower height.
(5) Equipment buildings, shelters or cabinets shall comply with the principal building
setbacks for the commercial zoning district in which it is located.
(E) Location Requirements
All commercial, wireless telecommunication facilities erected, constructed, or located
within the city shall comply with the following requirements:
the tower is 60 to 100 feet in height. Towers must be designed to allow for
future rearrangement of antennas upon the tower and to accept antennas
mounted at varying heights.
(d) The applicant is encouraged to allow the city access to the tower for city-
government-owned and -operated receive and/or transmit antennas for all
public safety and service purposes to enhance communications for such
purposes, provided that any attached communication equipment does not
interfere with the applicant's equipment.
(e) As a condition of approval, the applicant shall make available unutilized
space for collocation of other telecommunication facilities, including space
for those entities providing similar competing services. A good-faith effort in
achieving collocation shall be required of the host entity.
(f) Requests for utilization of facility space shall be made to the community
development department. Collocation will not be required when the addition
of the new service or facilities would cause quality of service impairment to
the existing facility or if it becomes necessary for the host to go off line for a
significant period of time.
(g) The host is entitled to reasonable compensation from any colocator for the
use of its facility. Such compensation would include reimbursement for the
cost of constructing the facility as it relates to any colocator as well as a
proportionate share of any rents paid by the host.
(h) The failure of any applicant to make a good-faith effort to allow for
collocation shall constitute a breach of its agreement with the city. If such a
breach occurs, the city shall provide at least 60 days' prior written notice to
allow a cure of such breach. If the breach is not cured within the period, the
city shall be authorized to disassemble the subject tower at the applicant's
cost.
(F) General Location Standards for Telecommunication Facilities
All telecommunication facilities, except exempt facilities as identified in Section 2.9.15
(B), Exemptions, shall be located so as to minimize their visibility and the number of
distinct facilities present. To this end all of the following measures shall be implemented
for all telecommunication facilities, except exempt facilities as identified in Section
2.9.15 (B), Exemptions:
(1) No telecommunication facility shall be installed at a location where special
painting or lighting will be required by Federal Aviation Administration
regulations unless technical evidence acceptable to the city is submitted showing
that this is the only technically feasible location for the facility;
(2) No commercial telecommunication facility shall be installed on an exposed
ridgeline, a public trail, public park or other outdoor recreation area, or on property
designated as floodplain or park or open space, unless it blends with the
surrounding existing natural and manmade environment in such a manner as to be
effectively unnoticeable and a finding is made that no other location is technically
feasible;
(3) No commercial telecommunication facility that is readily visible from off-site shall
be installed closer than one-half mile from another readily visible un-camouflaged
or unscreened telecommunication facility unless it is a collocated facility, situated
(2) All areas disturbed during project construction other than the access road and
parking areas shall be replanted with vegetation compatible with the vegetation in
the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the
circumstances) according to the approved landscape plan.
(3) Any existing trees or significant vegetation, on the facilities site or along the
affected access area, that die shall be replaced with native trees and vegetation of a
size and species acceptable to the design advisory board.
(4) No actions shall be taken subsequent to project completion with respect to the
vegetation present that would increase the visibility of the facility itself or the
access road and power/telecommunication lines serving it.
(I) Environmental Resource Protection
All telecommunication facilities shall be sited so as to minimize the effect on
environmental resources. To that end the following measures shall be implemented for all
telecommunication facilities, except exempt facilities as identified in Section 2.9.15 (B),
Exemptions:
(1) Potential adverse visual impacts which might result from project-related grading or
road construction shall be minimized;
(2) Potential adverse impacts upon nearby public use areas such as parks or trails shall
be minimized; and
(3) Drainage, erosion, and sediment controls shall be required as necessary to abate
soil erosion and sedimentation of waterways. Structures and roads on slopes of ten
percent or greater shall be avoided. Erosion control measures shall be incorporated
for any proposed facility which involves grading. Natural vegetation and
topography shall be retained to the extent feasible.
(J) Noise and Traffic
All telecommunication facilities shall be constructed and operated in such a manner as to
minimize the amount of disruption caused to the residents of nearby homes and the users
of nearby recreational areas such as public parks and trails. To that end all of the
following measures shall be implemented for all telecommunication facilities:
(1) Outdoor noise-producing construction activities shall only take place on weekdays
(Monday through Friday, non-holiday) between the hours of 7:30 a.m. and 5:30
p.m. unless allowed at other times as a condition of the conditional use permit;
(2) Backup generators shall only be operated during power outages and for testing and
maintenance purposes. If the facility is located within 100 feet of a residential
dwelling unit, noise attenuation measures shall be included to reduce noise levels
to an exterior noise level of at least an Ldn of 60 dB at the property line and an
interior noise level of a Ldn of 45 dB. Testing and maintenance shall only take
place on weekdays between the hours of 7:30 a.m. and 5:30 p.m.; and
(3) Traffic, at all times, shall be kept to an absolute minimum, but in no case more than
two round trips per day on an average annualized basis once construction is
complete.
(a) The existing structure must be in full compliance with such conditional use
permit.
(b) If the existing structure upon which the antenna is to be placed is subject to
an existing conditional use permit, the zoning administrator shall review the
proposal for installation of the additional antenna to determine if such
installation is in compliance with the existing structure's conditional use
permit. If it is determined that installation of the additional antenna will not
comply with the provisions of the existing conditional use permit, an
amendment to the existing conditional use permit will be required, according
to the provisions of Section 5.5.9, Conditional Use Permit.
(M) Construction Requirements
Construction requirements shall be as follows:
(1) Towers and antennas shall be designed to blend into the surrounding environment
through the use of color and camouflaging treatment, except when where the color
is dictated by federal or state authorities. Materials employed shall not be
unnecessarily bright, shiny, or reflective and shall be of a color or type which
blends with the surroundings to the greatest extent possible.
(2) Towers shall not be illuminated by artificial means and shall not display strobe
lights unless such lighting is specifically required by federal or state authorities.
When incorporated into the design of the tower, light fixtures, such as streetlights,
are permitted.
(3) The use of any portion of a tower for signs, other than warning or equipment
information signs, is prohibited.
(4) Sufficient anti-climbing measures must be incorporated into the facility, as needed,
to reduce potential for trespass and injury.
(5) All towers, masts and booms shall be made of noncombustible material, and all
hardware, such as brackets, turnbuckles, clips and similar type equipment subject
to rust or corrosion, must be protected either by galvanizing or sheradizing after
forming.
(N) Abandoned or Unused Towers or Portions of Towers
Abandoned or unused towers or portions of towers shall be removed as follows:
(1) All abandoned or unused towers and associated facilities shall be removed within
12 months of the cessation of operations at the site unless a time extension is
approved by the zoning administrator. If the tower is not removed within 12
months of the cessation of operations at a site, the tower and associated facilities
may be removed by the city and the cost of removal assessed against the property
owner.
(2) Unused portions of towers above a manufactured connection shall be removed
within six months of the time of antenna relocation. The replacement of portions of
a tower previously removed requires the issuance of a new application and/or
request for variance if applicable.
(F) Accessory structures located on lots with stream or river frontage may be located
between the public road and the principal structure, provided it is clearly demonstrated
that physical conditions require such a location.
(G) An accessory structure that is attached to the primary structure shall comply with the site
development standards and all other development standard of the applicable zoning
district. Any accessory structure shall be considered as an integral part of the principal
building if it is located less than six feet from the principal building.
(H) Uses and structures that are accessory to a conditional use shall be permitted in
accordance with this section, without requiring a conditional use permit amendment,
unless specifically required as a condition of the conditional use permit approval.
(I) An accessory structure detached from the primary structure shall comply with the
following standards, unless otherwise stated in this section and the use-specific standards
of Section
(1) Setbacks
(a) An accessory structure shall not be located within a front yard.
(b) Accessory structures for nonresidential uses may be located any place to the
rear of the principal building, subject to the building code and the fire code
regulations, except where prohibited by other sections of this Code.
(c) An accessory structure shall maintain side and rear setbacks of at least five
feet. On corner lots, accessory structures shall be subject to the street yard
setbacks.
(d) An accessory structure shall maintain at least a five-foot separation from
other accessory structures and the principal building.
(2) Height Limit
(a) Unless otherwise state, the maximum height of a detached accessory
structure shall be 10 feet with the exception of detached garages.
(b) Detached garages shall not exceed 18 feet or 24 feet if the structure includes
an accessory dwelling unit.
(c) In no case shall the height of the accessory structure exceed the maximum
height of the principal structure except by approval of a conditional use
permit.
(3) Maximum Number, Coverage, and Size
(a) Up to two accessory buildings may be permitted on a single lot.
(b) Accessory buildings shall not occupy more than 25 percent of the rear yard.
(c) Accessory buildings subject to the maximum number and coverage
requirements of paragraphs (a) and (b) above include accessory dwelling
units, detached garages, detached storage/utility sheds, gazebos, and similar
structures, decks, swimming pools, hot tubs, and spas, and tennis or other
recreational sports.
(d) The maximum site coverage for all structures on a parcel shall comply with
the requirements of the applicable zoning district.
(e) Detached sheds on residential properties shall not be larger than 140 square
feet..
(f) No private garage used or intended for the storage of vehicles on a residential
property shall exceed 864 square feet nor shall any access door or other
opening exceed the height of 12 feet.
2.10.3 Permitted Accessory Uses
The symbols used in Table 2.10-1 are defined as follows:
(1) Permitted Uses (P)
A “P” in a cell indicates that the accessory use or structure is allowed by-right in
the respective zoning district subject to compliance with the use-specific standards
set forth in the final “use-specific standards” column of Table 2.10-1.
(2) Conditional Uses (C)
A “C” in a cell indicates that the accessory use or structure is allowed as a
conditional use in the respective zoning district subject to compliance with the use-
specific standards set forth in the final “additional requirements” column of Table
2.10-1 and approval of a conditional use permit in accordance with Section 5.5.9,
Conditional Use Permit.
(3) Prohibited Uses
A cell with a “--" or a blank cell indicates that the listed use type is prohibited in
the respective zoning district.
(4) Use-Specific Standards
The “use-specific standards” column of Table 2.10-1 cross-references standards
that are specific to an individual use type and are applicable to that use in all
districts unless otherwise stated in the use-specific standards.
(5) Unlisted Uses
If an application is submitted for an accessory use or structure that is not listed in
Table 2.10-1, the City Planner is authorized to classify the new or unlisted use,
with consultation from appropriate city departments, into an existing use type that
most closely fits the new or unlisted use. If no similar use determination can be
made, the City Planner shall refer the use to the Planning Commission, who may
initiate an amendment to the text of this Code to clarify where and how the use
should be permitted.
AH-S
NC-F
I1-B*
CD-S
ED-F
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
C = Conditional Use
R2-B*
R3-B*
AH-S
NC-F
I1-B*
CD-S
ED-F
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
C = Conditional Use
3
Staff noted in their draft regulations that all wind turbines will be conditional uses. The advisory group should
discuss in what districts the various scales of wind turbines might be appropriate.
4
There was a question regarding how this provision would stop the construction of a second 800 square foot
dwelling unit on a lot. The answer is it would not. Some communities are okay with the construction of these
“granny cottages” or small-scale units as a separate structure while others limit the accessory dwelling units to those
attached to a detached garage or constructed as an attachment to the existing dwelling. The advisory group should
discuss if this is appropriate in Northfield.
erect the tower and any related guy wires within the rear yard. In such case, the
property owner may erect the tower in another yard that has space to accommodate
the tower.
(2) Such tower shall not exceed 70 feet in height, except by conditional use permit.
(3) Such tower shall conform to the accessory structure setback for the district in
which it is located, except that if the property owner can show that there is not
sufficient space on the property to erect the tower and any related guy wires, such
tower or guy wires may be located no less than one foot from property lines.
(4) Amateur radio support structures (towers) shall be installed in accordance with the
instructions furnished by the manufacturer of the tower model. An antenna
mounted on a tower may be modified and changed at any time so long as the
published allowable load on the tower is not exceeded and the structure of the
tower remains in accordance with the manufacturer's specifications.
(D) Detached Storage/Utility Sheds, Gazebos, and Other Similar Structures
All accessory structures other than fences, porches, decks, and detached garages shall be
subject to the following standards.
(1) An accessory structure intended as a workshop or studio for artwork, crafts, light
hand manufacturing, or hobbies, is subject to the following standards:
(a) The use of an accessory structure as a studio shall be limited to:
noncommercial hobbies or amusements, maintenance of the primary
structure or setbacks, artistic endeavors, including painting, photography, or
sculpture, or for other similar purposes. Any use of an accessory workshop
for any commercial activity shall comply with Section 2.10.4 (E), Home
Businesses; and
(b) A workshop footprint shall not occupy an area larger than 25 percent of the
building footprint of the primary residence; except where a workshop is
combined with a garage.
(2) All other accessory structures shall be permitted in the rear yard, unless otherwise
permitted in this section, and shall be subject to the maximum lot coverage and size
requirements of Section 2.10.2 (I) (3).
(E) Home Businesses
The following standards for home businesses are intended to provide reasonable
opportunities for employment within the home, while avoiding changes to the residential
character of a dwelling that accommodates a home business, or the surrounding
neighborhood, where allowed by this section.
(1) Permitted Home Businesses
The following uses, and other uses determined by the City Planner to be similar in
nature and impact, may be approved by the City Planner in compliance with this
section.
(a) Art and craft work including, but not limited to ceramics, painting,
photography, and sculpture;
(b) Tailors;
(c) Office-only uses, including, but not limited to, an office for an architect,
attorney, consultant, counselor, insurance agent, planner, tutor, or writer;
(f) There shall be no advertising signs other than one sign, not exceeding four
square feet in area, and only if attached flush to a wall of the structure.
(g) Activities conducted and equipment or material used shall not change the fire
safety or occupancy classifications of the premises. The use shall not
employ the storage of explosive, flammable, or hazardous materials beyond
those normally associated with a residential use.
(h) No home business activity shall create dust, electrical interference, fumes,
gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or
other hazards or nuisances as determined by the City Planner.
(i) There shall be no window display or outdoor storage or display of
equipment, materials, or supplies associated with the home business.
(j) A home business shall have no on-site employees other than full-time
residents of the dwelling; except that up to two non-resident employees may
be allowed with a conditional use permit approval.
(k) The home business shall be operated so as to not require more than eight
vehicle trips per day of clients, customers, visitors, and/or service visits to
the residence. On-site presence of clients or customers shall be limited to
one client or family at a time, and only between the hours of 9:00 a.m. and
8:00 p.m.
(l) There shall be no motor vehicles used or kept on the premises, except
residents' passenger vehicles, and/or one pickup truck, van, or similar vehicle
not exceeding 1.5 ton carrying capacity. The home business shall not involve
the use of commercial vehicles for delivery of materials to or from the
premises in a manner different from normal residential usage, except for
FedEx, UPS, or USPS-type home deliveries/pick-ups.
(m) No utility service to the dwelling shall be modified solely to accommodate a
home business, other than as required for normal residential use.
(4) Small-scale commercial wood and metal working may be authorized by a
conditional use permit as a home business, provided that the Planning Commission
may attach conditions to the conditional use permit approval limiting hours of
operation, noise levels, and/or any other aspect of the operation, to ensure
compatibility with on-site and adjacent residential uses.
(F) In-Home Day Care
(1) The in-home day care has all of the appropriate licenses from the state.
(2) There shall be a minimum setback of 300 feet between a in-home day care and
another in-home day care use.
(3)
At least two off-street parking spaces shall be provided exclusively for dropping
off and picking up children in addition to the parking requirements established for
the primary dwelling unit in Section 3.8, Off-Street Parking, Loading, and
Mobility.
(G) Keeping of Chickens
(1) Property owners are permitted to raise and keep chickens on all properties of five
acres or more in size without complying with the requirements of this section.
(2) For properties that are less than five acres, the keeping of four chickens is
permitted provided that:
(a) The principal use of the lot is a single-family dwelling;
(b) No person shall keep any rooster;
(c) The chickens shall be provided with a covered enclosure and must be kept in
the covered enclosure or a fenced enclosure at all times; and
(d) No enclosure shall be located closer than 25 feet to any residential structure
on an adjacent lot.
(H) Outdoor Wood Fire Boilers or Furnaces
(1) Zoning Certificate Required
A zoning certificate shall be required prior to the installment or erection of an
outdoor wood boiler or furnace.
(2) Development Standards
(a) Outdoor wood boilers or furnaces shall only be permitted as an accessory use
on lots with a minimum lot area of five acres.
(b) Outdoor wood furnaces shall be set back:
(i) A minimum of 200 feet from all lot lines,
(ii) A minimum of 300 feet from the boundaries of all recorded subdivisions
with lots less than five acres in size, and
(iii) A minimum of 500 feet from all residential dwellings not located on the
property where the outdoor wood furnace will be situated.
(3) Permitted and Prohibited Fuels
(a) Fuel burned in any new or existing outdoor wood furnace shall be only
natural untreated wood, wood pellets, corn products, biomass pellets, or
other listed fuels specifically permitted by the manufacturer’s instructions
such as fuel oil, natural gas, or propane backup.
(b) The following fuels are strictly prohibited in new or existing outdoor wood
furnaces:
(i) Grass clippings and other landscaping or vegetative refuse;
(ii) Wood that has been painted, varnished or coated with similar material
and/or has been pressure-treated with preservatives and contains resins or
glues as in plywood or other composite wood products.
(iii) Rubbish or garbage, including but not limited to food wastes, food
packaging, or food wraps.
(iv) Any plastic materials, including but not limited to nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films and
plastic containers.
(v) Rubber, including tires or other synthetic rubber-like products.
(vi) Any other items not specifically allowed by the manufacturer or this
section.
(3) Court lighting shall require a zoning certificate approval, and shall not exceed a
maximum height of 20 feet, measured from the court surface. The lighting shall be
directed downward and shall only illuminate the court.
(N) Wind Energy Turbines (WET)5
(1) Setback for All Types of WETs
(a) All WET facilities and their associated equipment shall comply with the
building setback provisions of the applicable zoning district.
(b) In reviewing a conditional use permit application for a WET facility, the
Planning Commission may reduce the required setback for accessory
buildings/structures if the applicant can produce sufficient evidence that no
potential exists for damage or damage claims from any other party.
(2) Small-Scale Wind Energy Turbines (SWET)
(a) Stand-alone SWETs may not be placed on lots of less than 40,000 square
feet; however, a SWET which will be attached to an existing structure and
will not exceed the building height restriction in the applicable zoning
district may be located on a lot smaller than 40,000 square feet at the
discretion of the Planning Commission.
(b) No portion of a SWET shall be located within a wetland area.
(c) The maximum height of a stand-alone SWET shall be 75 feet from natural
grade to the top of an extended rotor blade.
(d) All portions of a SWET support structure must meet the setback
requirements for the applicable zoning district.
(e) A SWET must be setback from all habitable structures on abutting properties
by an area equal to or exceeding the distance of the fall zone.
(f) The noise level at the lot line may not exceed 10 dB(A) over the ambient
sound level and must comply with the City of Northfield’s noise ordinance.
(g) Only monopole towers shall be utilized with LWET installations
(h) Climbing access to the tower structure shall be limited by
(i) Placing fixed climbing apparatus no lower than 10 feet from the ground;
and
(ii) Placing a six-foot fence or shielding around the SWET.
(i) Building permit applications for a SWET shall be accompanied by standard
drawings of all structures, including the tower, base, footing, guy wires, guy
anchors, and any additional equipment or housings.
(j) No SWET shall be installed until evidence has been supplied that the utility
company has approved the applicant's proposal to install an interconnected
customer-owned generator. Off-grid systems shall be exempt from this utility
certification.
5
This is language that staff researched and drafted for discussion with the advisory group.
6
Are the MWETs and LWETs really going to be accessory uses or do we need to make them a permitted use?
(7) Denials
The Planning Commission may deny a special permit if it finds that the application
fails to meet applicable use, siting, dimensional, and setback requirements set forth
in this section, or any applicable regulations promulgated by the Planning
Commission pursuant to this section.
(B) Not be detrimental to property or improvements in the surrounding area or to the public
health, safety, or general welfare;
(C) Be compatible with the principal uses taking place on the site;
(D) Not have substantial adverse effects or noise impacts on nearby residential
neighborhoods;
(E) Not include permanent alterations to the site;
(F) Not maintain temporary signs associated with the use or structure after the activity ends;
(G) Not violate the applicable conditions of approval that apply to a site or use on the site;
(H) Not interfere with the normal operations of any permanent use located on the property;
and
(I) Contain sufficient land area to allow the temporary use, structure, or special event to
occur, as well as adequate land to accommodate the parking and traffic movement.
2.11.4 Specific Regulations for Certain Temporary Uses and Structures
(A) Construction Dumpster
Temporary trash receptacles or dumpsters shall be located outside public rights-of-way
and shall comply with the following standards:
(1) Be located to the side or the rear of the site, to the maximum extent practicable;
(2) Be located as far as possible from lots containing existing development;
(3) Not be located within a floodplain or otherwise obstruct drainage flow; and
(4) Not be placed within five feet of a fire hydrant or within a required landscaping
area.
(B) Construction Trailer
Construction trailers may be permitted on a construction site provided that the trailer is:
(1) Located on the same site or in the same development as the related construction;
(2) Not located within a required open space set-aside or landscaping area; and
(3) Associated with development subject to a valid building permit.
(C) Garage/Yard Sales
The hours of operation for garage/yard sales are limited to between 7:00 a.m. and 8:00
p.m.
(D) Real Estate Sales Office/Model Home
One temporary real estate sales office or model home per builder or developer shall be
permitted in a section or phase of a new residential or nonresidential development,
provided that the use:
(1) Is located on a lot approved as part of a development agreement;
(2) Is aesthetically compatible with the character of surrounding development in terms
of exterior color, predominant exterior building materials, and landscaping;
(3) Is operated by a developer or builder active in the same phase or section where the
use is located; and
(4) Is removed or the model home is converted into a permanent residential use once
85 percent occupancy in the section or phase of the development is reached.
2.12 Nonconformities
2.12.1 Purpose
In the provisions established by this Code, there exist uses of land, structures and lots of record,
that were lawfully established before this Code was adopted or amended, that now do not
conform to its terms and requirements. The purpose and intent of this section is to regulate the
continued existence of those uses, structures, and lots of record that do not conform to the
provisions of this Code, or any amendments thereto.
2.12.2 General Provisions
(A) Authority to Continue
Any lawfully existing nonconformity including nonconforming uses, structures, and lots
of records, may be continued, so long as it remains otherwise lawful.
(B) Determination of Nonconformity Status
The burden of establishing that a nonconformity lawfully exists shall be on the owner of
the land on which the purported nonconformity is located.
(C) Ordinary Repair and Maintenance
Normal maintenance and incidental repair or replacement, and installation or relocation
of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be
performed on any structure that is devoted in whole or in part to a nonconforming use or
structure.
(D) Nonconformities and Variances
(1) The granting of a variance for a lot or structure that would otherwise comply with
this Code shall not create a nonconformity upon the approval of the variance.
(2) When a property owner or authorized agent is granted a variance for a
nonconforming structure or lot that addresses all nonconformities, the structure or
lot shall no longer be considered nonconforming.
2.12.3 Nonconforming and Pre-Existing Uses
(A) Change in Use
(1) Unless a use is identified as a pre-existing use in Table 2.7-1, a nonconforming use
of land or of a structure shall not be changed to any use other than to a use
permissible in the applicable zoning district.
(2) When such nonconforming use has been changed to a permissible use, it shall only
be thereafter used for a use permissible in the applicable zoning district.
(3) For purposes of this subsection, a use shall be deemed to have been changed when
an existing nonconforming use has been terminated and the permissible use has
commenced and continued for a period of one month.
(B) Extensions or Expansions
Nonconforming and pre-existing uses shall not be extended, expanded, enlarged or
increased in intensity. Such prohibited activity shall include:
(1) Extension of such use to any structure or land area other than that occupied by such
nonconforming use on the effective date of this Code, or any amendment to this
Code that causes such use to become nonconforming.
(2) Extension of such use within a building or other structure to any portion of the
floor area that was not occupied by such nonconforming use on the effective date
of this Code, or any amendment to this Code that causes such use to become
nonconforming.
(3) Operation of such nonconforming use in a manner that conflicts with, or to further
conflict with, this Code or any amendments to this Code, or any use limitations
established for the district in which such use is located.
(4) New construction, reconstruction, or structural alteration.
(C) Relocation
No structure that is devoted in whole or in part to a nonconforming or pre-existing use
shall be relocated in whole or in part to any other location on the same or any other lot,
unless the entire structure and the use of the structure after its relocation conform to all
the regulations of the district in which the structure and use are located after being so
relocated.
(D) Abandonment or Discontinuance
(1) When a nonconforming use of land or a nonconforming use of part or all of a
structure is discontinued or abandoned for a period of 365 consecutive days
(regardless of any reservation of an intent not to abandon and to resume such use),
such use shall not thereafter be reestablished or resumed. Any subsequent use or
occupancy of such land or structure shall comply with the regulations of the district
in which such land or structure is located.
(2) Pre-existing uses are exempt from paragraph (1) above; however, only a use
classified as the same as the abandoned pre-existing use may be permitted in the
structure or on the land. For example, only a restaurant may be permitted in a
structure or on land that was formerly used as a restaurant.
(E) Damage or Destruction
(1) In the event that any structure that is devoted in whole or in part to a
nonconforming use is damaged or destroyed, by any means, to the extent of more
than 75% of the assessed fair market value of such structure immediately prior to
such damage, such structure shall not be restored unless the structure and the use
will conform to all regulations of the district in which the structure and use are
located.
(2) When such damage or destruction is 75% or less of the assessed fair market value
of the structure immediately prior to such damage, such structure may be repaired
and reconstructed and used for the same purposes as it was before the damage or
7
We have completely removed the wetland preservation section because new regulations are currently under
development and will be incorporated into the city’s stormwater regulations.
8
Staff may add some additional language related to the measurement of lot areas for the purposes of assessments.
(C) With the exception of governmental acquisition of land as provided for in Section 2.12.5
(D), Governmental Acquisition of a Portion of a Lot, no lot shall be reduced in area so
that the lot area per dwelling unit, lot width, yards, building area, or other requirements
of this code are not met.
3.1.4 Lot Width Measurements
Lot width is the distance between the side lot
lines measured at the point of the front building
line where a build-to line is established or
between the side lots lines measured 30 feet from
the front lot line where a minimum front yard
setback is required. See Figure 3-1.
3.1.5 Build-to-Line and Setback Requirements and
Exceptions
(A) Build-to Lines
(1) Where a build-to-line is established,
the front façade of the principal
building shall be constructed along
that build-to-line for the minimum
percentage required. See Figure 3-1.
(2) Eaves and other projections may
encroach into the front yard, past
the build-to-line, in accordance Figure 3-1: This image shows a building that
with Section 3.1.5 (F), Allowed has 60% of the front building façade built to
Encroachments into Setbacks and the build-to-line. In this case, the lot width is
Build-to Lines. measured at the build-to-line.
(3) The City Planner may waive
build-to line requirements for a project with more than one building, where the
project street frontage is occupied by one or more buildings in compliance with
applicable build-to line requirements and secondary buildings are placed on the site
to the rear of the front buildings.
(4) No portion of any structure, including eaves or roof overhangs, shall extend beyond
a property line, or into an access easement or street right-of-way, except as
provided by this section.
(B) Setbacks
(1) Setback standards provide open areas around structures for visibility and traffic
safety, access to and around structures, access to natural light, ventilation and
direct sunlight, separation between potentially conflicting activities, and space for
privacy, landscaping, and recreation.
(2) Setback Requirements
Each structure shall comply with the front, interior side, corner street side, and rear
setback requirements of the applicable zoning district, except:
(a) Where a front or street-side build-to line requirement is established by the
applicable zoning district, in which case a proposed structure shall instead
comply with the build-to line requirement;
(b) Where a setback requirement is established for a specific land use type in
Section 2.9, Use-Specific Standards;
(c) In the case of development near a waterway, which shall comply with the
setback requirements established by the WS-O district, where applicable; and
(d) As otherwise provided by this section.
(3) No portion of any structure, including eaves or roof overhangs, shall extend beyond
a property line, or into an access easement or street right-of-way, except as
provided by this section.
(C) Exemptions from Setback and Build-to Line Requirements
The minimum setback requirements and build-to line requirements of this Code do not
apply to the following:
(1) A building feature that encroaches into a required setback as allowed by Section
3.1.5 (F), Allowed Encroachments into Setbacks and Build-to Lines.;
(2) A fence or wall that is allowed pursuant to Section 3.3.1, Fencing and Walls;
(3) A deck, earthwork, step, patio, free-standing solar device in other than in a front
setback, or other site design element that is placed directly upon grade and does not
exceed a height of 18 inches above the surrounding grade at any one point;
(4) A sign in compliance with Section 3.7, Signage; or
(5) A retaining wall less than 30 inches in height above finished grade.
(D) Measurement of Setbacks and Build-to Lines
Setbacks shall be measured as follows, unless otherwise established elsewhere in Section
3.1, Measurements, Computations, and Exceptions, or in instances where the City
Planner may require different setback measurement methods because an unusual parcel
configuration makes the following requirements infeasible or ineffective. See Figure 3-2.
(1) General Requirements
(a) A front setback shall be measured at right angles from the nearest point on
the public right-of-way at the front of the parcel to the nearest point of the
wall of the structure, except as provided for in this subsection. The front
property line is the narrowest dimension of a lot adjacent to a street.
(b) If the city has established a plan that identifies a right-of-way for the future
construction of a new street or the widening of an existing street, a required
front or street side setback, or build-to line, shall be measured from the line
shown on the plan.
(c) Where the city has established specific setback requirements for individual
single-dwelling parcels through the approval of a specific plan, subdivision
map, or other entitlement, prior to the effective date of this Code, those
setbacks shall apply to infill development within the approved project instead
of the setbacks required by this Code.
(2) Corner Lots
(a) The front setback or build-to line shall be measured from the nearest point of
the wall of the structure to the nearest point of the most narrow street
frontage property line. If the property lines on both street frontages are of the
same length, the property line to be used for front setback measurement shall
be determined by the City Planner.
(b) For the purposes of accessory uses, the rear yard shall be the setback that is
on the opposite side of the lot from the front setback (front yard) from the
street on which the building faces. See rear setback location on Figure 3-2.
(c) The side setback or side build-to-line on the street side of a corner parcel
shall be measured from whichever of the following points results in the
greatest setback from an existing or future roadway:
(i) The nearest point on the side property line bounding the street;
(ii) The inside edge of the sidewalk; or
(iii) The boundary of a planned future right-of-way established as described
in Section 3.1.5 (D) (1), General Requirements.
(b) See Section 3.11.2(G), Double Frontage Lots regarding the limited
circumstances where new double frontage lots are allowed.
(c) Reverse frontage on double frontage lots shall be regulated by Section 3.4.2,
Reverse Frontage.
(4) Side Setbacks
The side setback shall be measured at right angles from the nearest point on the
side property line of the parcel to the nearest point of the wall of the structure;
establishing a setback line parallel to the side property line, which extends between
the front and rear setbacks. See Figure 3-2.
(C) Where specified in feet, building height shall be measured as the vertical distance from
grade at the base of the structure to (See Figure 3-6):
(1) The highest point of a flat roof;
(2) The deck line of a mansard roof; or
(3) The mean height between the eaves and ridge on gable, hip, or gambrel roofs.
Figure 3-6: The height of a structure is measured based on the roof type.
9
These districts are exempted because the build-to-lines are shorter than the traffic visibility requirements.
(1) A traffic safety visibility area, which may include private property and/or public
right-of-way, is a triangle area defined by measuring 35 feet from the intersection
of the extension of the front and side street curb lines (or the right-of-way lines
where there is no curb) and connecting the lines across the property. See Figure
3-7.
(2) For intersections of streets and driveways, the traffic safety visibility area shall be
created by measuring 25 feet from the edge of the driveway along the street and 20
feet along the driveway, perpendicular from the street. See Figure 3-8.
Figure 3-8: Traffic safety visibility triangle for driveway and street intersections.
(3) The City Planner, in consultation with the City Engineer, may reduce the distance
requirement where it determines a narrow parcel frontage would excessively
reduce buildable area.
(4) No structure, sign, or landscape element shall exceed 30 inches in height, measured
from the top of the curb, within the traffic safety visibility area, unless approved by
the City Engineer.
(5) An exception to this requirement shall be for existing trees where the canopy is
trimmed to a minimum of eight feet above grade
(B) Buildings located on a corner lot shall be constructed to meet the build-to-line at the
corner and for a minimum of 30 feet in each direction from the corner. See notations “E”
and “F” in Figure 3-11.
Figure 3-12: This building uses pilasters to divide a single façade into distinct vertically-oriented
storefronts that maintain the building rhythm along the street.
(H) Figure 3-13 identifies the building height requirements for the C1-B district.
Figure 3-13: Height requirements for principal buildings in the C1-B district.
(I) Buildings that include more than 12 dwelling units must provided for adequate common
open space in the form of a community room, roof terrace, or courtyard.
(J) The maximum height established for the C1-B district in Figure 3-13 may be exceeded
only when approved as part of a conditional use permit pursuant to Section 5.5.9,
Conditional Use Permit.
10
We have provided a range so that an applicant who wants to build closer to the lot line may but, at the maximum,
they would only be allowed to have two bays of parking and an access drive between the lot line and the building.
11
This standard was designed to ensure that no matter the lot size/width, buildings could not be designed in the
suburban style business campus with lots of distance between uses. We will develop a graphic for this regulation.
12
There was a question from the advisory group related to requiring a security fence along an embankment for
safety reasons. We have suggested that the City Attorney consider this matter given what could happen if the fence
is required but not installed.
(6) All fences shall be maintained in good repair. Any fence that is potentially
dangerous or in disrepair shall be removed or repaired.
(7) No temporary fence, such as a snow fence or erosion control fence, shall be
permitted on any property for a period in excess of 30 days unless approved by the
City Engineer.
(8) The City Planner may authorize temporary fencing that is necessary to protect
archaeological or historic resources, trees, or other similar sensitive features during
site preparation and construction. Such fencing shall be removed upon completion
of construction.
(9) Fencing may be allowed in drainage and utility easement areas in side and rear
yards, but is installed at the property owner’s risk (i.e., the city will not be
responsible for repairing or replacing the fence if work needs to be done in the
easement.).
(C) Height
(1) Fences shall be measured from grade to the height of the fence (not the support
structures).
(2) All fences more than six feet in height require a building permit.
(3) Fences around dog kennels shall be limited to eight feet in height.
(4) Fences in residential zoning districts shall be limited to four feet in height in front
yards and corner side yards. Fences in side and rear yards shall be limited to six
feet in height.
(5) Fences in commercial and industrial zoning districts shall be limited to four feet in
the front yard and to eight feet in side, corner side and rear yards.
(D) Retaining Walls
(1) An embankment to be retained on any lot that exceeds 48 inches high shall be
benched so that no individual retaining wall exceeds a height of six feet except
where the City Engineer determines that topography requires a wall of greater
height, and each bench is a minimum width of 36 inches. See Figure 3-14.
(2) Retaining walls over 48 inches, measured from the top of the footing to the top of
the wall, are required to be designed and certified by a registered professional
engineer licensed in Minnesota. A copy of the signed construction drawing should
be submitted with a site plan or building permit in the case of a residential
application.
(3) Any retaining wall shall be approved by the City Planner, in consultation with the
City Engineer, who will review the retaining wall’s effects on drainage and erosion
on the property and the neighboring properties.
(c) Outdoor storage of goods may be permitted provided that the storage areas
are located in the side or rear yard. In no cases shall the outdoor storage of
goods be permitted between a principal building and a street.
(d) Storage of any goods or materials shall not exceed six feet in height unless
the storage is fully screened by a six-foot high fence or wall that is
architecturally compatible with the main structure in material type and color.
See Figure 3-31 in Section 3.6.10(D), Fence or Wall Screens
3.3.3 Outdoor Lighting Standards
(A) Purpose
The purpose of this section is to regulate the spillover of light and glare on operators of
motor vehicles, pedestrians, and land uses in the proximity of the light source. With
respect to motor vehicles in particular, safety considerations form the basis of the
regulations contained in this section. In other cases, both the nuisance and hazard aspects
of glare are the basis for these regulations.
(B) Outdoor Lighting Plan
(1) An exterior light plan shall be required for the installation or modification of
exterior lights for any project requiring site plan review (See Section
5.5.1(B)(3)Type 3 Review.).
(2) The lighting plan shall be prepared by a certified architect, landscape architect or
lighting designer.
(3) The applicant must provide a plan that identifies the location, height and type of
luminaries and shows how the applicant intends to comply with this section.
(4) A photometric plan of the site and fixture data sheets must be submitted with the
site plan in order to determine the effect of the luminaries on surrounding
properties.
(C) Outdoor Lighting Standards
(1) Outdoor lighting shall meet one of the standards of this subsection.
(2) The placement of light poles within raised curb planter areas or landscaped islands
is encouraged, but conflicts with parking lot trees that can obscure the lighting shall
be avoided through alternative lighting locations.
(3) All wiring, fittings, and materials used in the construction, connection and
operation of electrically illuminated signs shall be in accordance with the
provisions of the state electrical code in effect.
(4) Height of Lighting
The maximum height of a light fixture, either mounted on a pole or on a structure,
is established in Table 3.3-1
Maximum Height of
Maximum Height of 90O Cutoff
District Non-Cutoff Lighting
Lighting (See Figure 3-15)
(See Figure 3-15)
R1-B, R2-B, R3-B, R4-B, N1-B,
8 feet 12 feet [1]
AH-S, and NC-F districts
C1-B, C2-B, I1-B, CD-S, PI-S,
10 feet 20 feet [2]
and ED-F districts
NOTES:
[1] When the bulb, lamp, or light source is completely recessed and/or shielded from view by an
observer at five feet above grade, the maximum height may be increased to 15 feet.
[2] When the bulb, lamp, or light source is completely recessed and/or shielded from view by an
observer at five feet above grade, the maximum height may be increased to 30 feet.
(3) In determining whether a particular sound exceeds the maximum permissible sound
level in the table in subsection (2) of this section:
(a) Sounds in excess of the residential district limitations as measured in a
residential district are violative of this section whether the sound originates
in a residential district or any other district.
(b) During all hours of Sundays and state and federal holidays, the maximum
allowable decibel levels for residential districts are as set forth in column
entitled 6:00 p.m. – 7:00 a.m. (Residential Districts) of Table 3.3-3.
(4) Sounds emanating from the operation of motor vehicles on a public highway;
aircraft; outdoor implements such as power lawn mowers, snow blowers, power
hedge clippers, and power saws; and pile drivers or jackhammers and other
construction equipment are exempt from this section.
(5) Sounds emanating from lawful and proper activities at school grounds,
playgrounds, parks or places wherein athletic contests take place are exempt from
this section.
(J) Odor
No obnoxious odor or fumes shall be emitted that are perceptible without instruments by
a reasonable person at the property line of the site.
(K) Radioactivity, Electrical Disturbance or Electromagnetic Interference
None of the following shall be emitted:
(1) Radioactivity, in a manner that does not comply with all applicable State and
Federal regulations; or
(2) Electrical disturbance or electromagnetic interference that interferes with normal
radio or television reception, or with the function of other electronic equipment
beyond the property line of the site; or that does not comply with all applicable
Federal Communications Commission (FCC) and other applicable state and federal
regulations.
(L) Vacant Buildings
Large abandoned buildings and sites cause negative visual and fiscal concerns for the
community. Therefore in order to minimize these instances upon the community, and in
addition to this and other applicable codes and ordinances, the following shall apply to
vacated building(s) or development reviewed under this section:
(1) Exterior Surfaces
All exterior surfaces, including but not limited to, doors, door and window frames,
cornices, porches and trim shall be maintained in good repair. Exterior wood
surfaces, other than decay resistant materials, shall be protected from the elements
and decay by painting or other protective coverage or treatment. Peeling, flaking
and chipped paint shall be eliminated and surfaces repaired. All siding and masonry
joints shall be maintained weather resistant and watertight;
(2) Exterior Walls
Exterior walls of buildings shall be maintained free from holes, breaks, loose or
rotting materials, and graffiti; and shall be maintained weatherproof and properly
surface coated as needed to prevent deterioration.
(3) Roofs
Roofs of buildings shall be maintained so that they are structurally sound and in a
safe condition and weathertight, and have no defects, which might admit rain or
cause dampness in the interior portions of a building. All portions, additions or
sections of a roof including, but not limited to, the fascia, eave, soffit sheathing,
vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be
complete with all trim strips, moldings, brackets, braces and supports attached or
fastened in accordance with common building practices.
(4) Windows
All glass areas, including those in windows and doors shall be fully supplied and
maintained as per the development plan.
(5) Grounds
(a) All landscaped areas as defined in the approved development plan shall be
maintained and kept free of trash, old building materials, junk, unlicensed or
inoperative vehicles, and other such material and equipment.
(b) All driveway, parking, loading and outside storage areas shall be maintained
as per the approved development plan; and
(c) All fences, walls, lighting, signs, storage structures, and other visual physical
improvements or appurtenances as per the approved development plan shall
be maintained in a safe, working order and in good appearance and free of
graffiti.
NO
NO
YES
Figure 3-16: The image on the left demonstrates appropriate screening for reverse frontage
lots. Fences or walls without landscape are inappropriate.
Figure 3-17: This diagram demonstrates proper orientation of buildings within a multi-family apartment
complex.
Figure 3-18: The image on the left illustrates how multiple design features are incorporated to de-
emphasize the fact that this is a single structure. The image on the right lacks sufficient façade variation
yielding a monotonous appearance.
Figure 3-19: This figure shows two methods of using architectural features to create wall surface
relief on wall elevations that are not the primary elevation.
Figure 3-20: Image of a building with a clear, base, body, and cap.
(i) The base shall occupy the lowest portion of the elevation, and shall have
a height no less than 8% of the average wall height.
(ii) The body shall occupy the middle portion of the elevation, and shall have
a height no less than 60% of the average wall height.
(iii) The cap shall occupy the highest portion of the elevation, excluding the
roof, and shall have a height no less than eight percent 8% of the average
wall height, not to exceed the height of the base.
(iv) The cap shall consist of at least one of the following architectural
features: a cornice, parapet, awning, canopy, or eaves.
(v) The base and cap shall be clearly distinguishable from the body through
changes in color, material, pattern, profile, or texture. A cap and base
shall incorporate at least two of these design elements.
(b) Architectural elevations for all new or modified buildings shall include
design, massing, materials, shape, and scale that creates a unified design on
the premises that is visually compatible with the surrounding buildings.
(5) Roof Styles
The height of any pitched roof shall not exceed one-half of the overall building
height.
(6) Roof Mounted Mechanical Equipment
Building walls, parapets, and/or roof systems shall be designed to conceal all roof-
mounted mechanical equipment from view from adjacent properties and public
rights-of-way. See Figure 3-21.
Figure 3-21: Example of how parapet walls are utilized to screen roof mounted mechanical equipment.
Figure 3-22: Roofline changes shall be aligned with corresponding wall offsets and/or material or color
changes.
(3) Flat Roofs
(a) When flat roofs are used, parapet walls with three-dimensional cornice
treatments shall conceal them. The cornice shall include a perpendicular
projection a minimum of eight inches from the parapet façade plane.
(b) Thin parapets that extended more than two feet above the roof are prohibited.
Figure 3-23: Parapet walls with cornice treatments are used to disguise flat roofs. The image on the right
illustrates a tall parapet wall that is prohibited.
Figure 3-25: This large retail center utilized several different design features to articulate the individual
facade and customer entrances.
13
Accessory buildings are exempt because there are already applicable size regulations and they are only permitted
in the rear yard so the massing and scale of the accessory building is not highly visible.
(b) No principal building shall be constructed where the front facade is more
than 20 percent wider or narrower than the average width of principal
buildings along the block face.
(c) The roof type shall generally reflect the predominant roof types of the
buildings along the same block face (e.g., the building should not have a flat
roof where the predominant roof type is a gable).
Figure 3-26: The detached dwelling in the foreground exhibits compatibility with the surrounding
dwellings in regard to design, scale, setbacks, and materials.
14
Staff commented that we should reference the steep slope definition in the city’s surface water management plan
but we were unable to locate any definition or text related to steep slopes in that plan.
(b) A list of approved and prohibited plant types are provided in Appendix <>.
(c) Artificial plants are prohibited.
(2) Quality
(a) Plants shall be free of disease, insects and/or damage, and shall be correctly
labeled indicating genus, species and cultivar. No label shall be removed
until after the final inspection by the city is completed.
(b) Trees of species whose roots are known to cause damage to public roadways
or other public improvements shall not be planted closer than 15 feet to such
public improvements. The city’s approved plant list may include lists of
prohibit street trees.
(3) Existing Vegetation
Existing healthy, well-formed canopy and understory trees as well as healthy
shrubs shall be credited toward the requirements of this section, provided the
vegetation is protected before and during development of the site and maintained
thereafter in a healthy growing condition and meets the applicable regulation.
(4) Species Variety
To curtail the spread of disease or insect infestation in a plant species, new
plantings shall comply with the standards of Table 3.6-1:
15
Confirm this slope ratio with the City Engineer and then add a graphic.
(iv) Each replacement tree shall be a minimum of three caliper inches, and
shall either be replanted within 12 months of the removal of the protected
tree, or within a timeframe approved by the City Planner. Performance
bonds for the associated replacement, if warranted in the opinion of the
City Planner, shall be established to the satisfaction of the city.
(v) Replacement trees shall not be used to meet any other landscape
requirements.
(b) Location of Replacement Trees
Replacement trees shall be either planted on the lot or site where the
protected tree was removed or, in cases where space on the lot or site is
insufficient, the City Planner may authorize the planting of the replacement
trees on City-owned properties.
(c) Temporary Moratorium on Approvals
Following notice of violation of this section, the City Planner shall not
review or approve development permit applications for the site from the date
of the violation until a replacement plan has been approved by the City
Planner and a financial guarantee for the associated replacement has been
established in accordance with this section; or
(ii) All fencing required by this subsection shall four feet in height and
secured using appropriate posts.
(4) Encroachments into Root Zones
(a) Encroachments within the root zones of trees protected in accordance with
this subsection shall occur only in rare instances.
(b) If such an encroachment is anticipated, written verification by a qualified
arborist shall be required documenting the tree’s condition before and after
Figure 3-28: Perimeter landscaping required between a parking lot and a street.
(b) The landscaping shall be designed and maintained to screen cars from view
of the street to a minimum height of 36 inches, but shall not exceed any
applicable height limit for landscaping within a setback or a traffic safety
visibility triangle as required in Section 3.1.6 (E), Height Limit at Street
Corners (Traffic Safety Visibility Triangle).
(c) Screening materials may include a combination of plant materials, raised
planters, solid decorative masonry walls, or other screening devices which
meet the intent of this requirement.
(d) Shade trees shall be provided at a minimum rate of one for every 40 linear
feet of landscaped area.
(e) Plant materials, signs, and/or structures shall be subject to the height and
traffic safety visibility requirements of Section 3.1.6 (E), Height Limit at
Street Corners (Traffic Safety Visibility Triangle).
(c) Trees shall be provided at the rate of one for each 40 linear feet of
landscaped area.
(3) Parking Lots Adjacent to Residential Uses
A nonresidential parking area adjacent to a residential use shall provide a
landscaped buffer adhering to the following standards within a 10-foot setback
between the parking area and the lot line of the residential use:
(a) A four-foot high solid decorative masonry wall or fence
(b) Trees shall be provided at the rate of one tree for each 40 linear feet.
(D) Interior Parking Lot Landscaping
(1) Amount of Landscaping
(a) Parking lots with more than six spaces in any zoning district shall provide
landscaping within each outdoor parking area at a minimum ratio of five
percent of the gross area of the parking lot (including all drive and parking
aisles).
(b) Parking lots with 20 or more spaces in the R3-B, C2-B, and I1-B district
shall provide landscaping within each outdoor parking area at a minimum
ratio of 10 percent of the gross area of the parking lot (including all drive and
parking aisles). If parking is located on the side of the structure (not adjacent
to a street) or in the rear, this landscaping ratio may be reduced to five
percent.
(c) Trees not less than five feet in height and 15-gallon container in size shall be
planted throughout the parcel and along any street frontage. At a minimum,
one shade tree and one shrub shall be provided for every five parking spaces.
(2) Landscaping Location
Landscaping shall be evenly dispersed throughout the parking area, as follows.
(a) Landscaped islands shall have a minimum width of nine feet as the narrowest
dimension.
(b) Orchard-style planting (the placement of trees in uniformly-spaced rows) is
encouraged for larger parking areas.
(c) The trees should be of a variety to provide the shade canopy and have an
unobstructed cross visibility between two and six feet.
(d) The area not covered by the canopy of the tree, but within an interior
landscape area, shall be covered by shrubs, grass, ground cover, landscape
gravel, or mulch.
(e) Parking lots with more than 50 spaces shall provide a concentration of
landscape elements at primary entrances, including, at a minimum, specimen
trees, flowering plants, or enhanced paving.
(3) Requirements for the C2-B District
The following shall apply to interior landscaping in the C2-B district:
(a) Landscape islands shall be located at the end of each parking row with a
minimum size of 135 square feet for single loaded parking rows, and a
minimum size of 270 square feet for double loaded rows (See See Figure
3-30.).
(b) No more than 15 spaces shall be located in a continuous row without being
interrupted by a landscaped island, unless the island is used for storm water
infiltration. Such landscape islands shall be of the minimum size established
in Section (a) above (See See Figure 3-30.).
(c) Landscape medians with a minimum width of ten feet shall be located as to
separate every four parallel rows of cars and shall run the full length of the
parking row (See Figure 3-30.).
(d) Each individual landscaped island shall include a minimum of one tree, and
two shrubs.
(e) The landscaped medians required in paragraph (c) above shall be planted
with one deciduous tree every 20 lineal feet.
(4) Stormwater Management
The design of parking lot landscape areas shall consider, and may, where
appropriate, be required to include provisions for the on-site detention of
stormwater runoff, pollutant cleansing, and groundwater recharge. See also the
city’s storm water management ordinance.
(Nonresidential
R2-B, R3-B, or
R1-B or N1-B
R1-B or N1-B
(Residential
NC-F
CD-S
ED-F
Uses)
Uses)
R4-B
C2-B
I1-B
PI-S
Proposed Use:
Adjacent to:
R1-B or N1-B
N A B C D B B N C
(Residential Uses)
R1-B or N1-B
A N N B C N B N B
(Nonresidential Uses)
R2-B, R3-B, or R4-B B N N B C N N N
C1-B B N B B C N N N B
C2-B C N C N B B N N N
I1-B D N D N N C B B N
AH-S N B B C D B B B B
CD-S N N B B C N N N B
PI-S N N N B C B N N B
NC-F N N N N B B N N B
ED-F C N C N B B N N N
Figure 3-31: Use of a wall and fencing for screening that is architecturally compatible with the principal
building.
3.7 Signage
3.7.1 Purpose and Intent
Regulating the location, size, placement, and physical characteristics of signs is necessary to
enable the public to locate goods, services, and facilities and to receive a wide variety of other
messages, commercial and noncommercial, without difficulty and confusion, to encourage the
general attractiveness of the community, to enhance public safety, and to protect property
values. Accordingly, this section establishes regulations governing the display of signs that
will:
(A) Promote and protect the public health, safety, comfort, morals, and convenience;
(B) Enhance the economy and the business and industry of the city by promoting the
reasonable, orderly, and effective display of signs and thereby encourage increased
communication with the public;
(C) Restrict signs and lights that will increase the probability of traffic congestion and
accidents by distracting attention or obstructing vision;
(D) Reduce conflict among signs and light and between public and private information
systems; and
(E) Promote signs that are compatible with their surroundings.
3.7.2 Scope
This section shall regulate the height, area, location, graphics, color, materials, content, and
other visual aspects of signs and sign structures. It does not regulate noncommercial holiday
signs, temporary, signs, and decorations, public informational and safety signs, or signs
required by law.
3.7.3 Zoning Certificate and Compliance Required
(A) Unless otherwise provided by this section, all signs shall require a zoning certificate and
a payment of fees. Exceptions to the certificate requirement are as follows:
(1) If any sign is removed and replaced on the same supports, provided the size or type
of sign is not changed.
(2) No zoning certificate is required for the maintenance of a sign or for a change of
copy on changeable copy signs.
(3) Signs identified in Section 3.7.5, Exemptions.
(4) General maintenance, painting, repainting, cleaning and other normal maintenance
and repair of a sign or any sign structure unless a structural change or copy change,
on a non-changeable copy sign, is made that results in anything more than a minor
modification.
(B) The relocation of a sign from one area of a lot to another location on the same lot shall
require a zoning certificate.
(C) The alteration or enlargement of any sign shall require a zoning certificate.
(D) All wiring, fittings, and materials used in the construction, connection and operation of
electrically illuminated signs shall be in accordance with the provisions of the state
electrical code in effect.
(E) No sign of any classification shall be installed, erected, or attached to a structure in any
form, shape, or manner that is in violation of Northfield’s or the state’s building or fire
codes.
3.7.4 Computations
The following principles shall control the computation of sign area and sign height.
(A) The area of a sign face, which is also the sign area of a wall sign or other sign with only
one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or
combination thereof that shall encompass the extreme limits of the writing,
representation, emblem, or other display. This does not include any supporting
framework, bracing, or decorative fence or wall when such fence or wall otherwise meets
the regulations of this Code and is clearly incidental to the display itself. See Figure 3-32.
(B) The sign area for a sign with more than one face (multi-faced signs) shall be computed by
adding together the sign area of all sign faces. Even in cases where two identical sign
faces are placed back-to-back, the sign area shall be computed by adding together the
sign area of each sign face.
(C) The height of a sign shall be computed as the distance from the base of the sign at normal
grade to the top of the highest attached component of the sign.
(D) Unless otherwise specifically stated, when a calculation is based on street frontage, the
longest single street frontage shall be used and not the total of all street frontages.
(F) Portable changeable-copy signs, unless used as a temporary promotional sign, as allowed
under Section 3.7.11, Temporary Signs.
(G) Signs that are placed upon trees, public property, or utility poles.
(H) Signs that display obscene language or actions.
(I) Searchlights.
(J) Inflatable signs.
(K) Snipe signs.
(L) Any sign attached to a roof that does not meet the definition of a “roof sign” in Article 6:
Definitions.
3.7.9 Design Guidelines
The following standards are intended to direct the design elements of signage outside the
downtown historic district. Each guideline shall be applied for each sign application based upon
the review by the City Planner:
(A) Neon lights are permitted for messages and symbols, but shall not flash.
(B) Signs on multiple-use buildings must be coordinated in the use of colors, materials, and
shapes.
(C) Landscaping Area Required
(1) Ground and pylon signs shall have plantings at and around the base that serve to:
(a) Screen the sign base and/or any lighting installed at ground level; and
(b) Tie such signage to the principal use by using plantings that are similar to
those used on the rest of the site.
(2) Such plantings shall be of the type and size specified in Section 3.6.4, General
Landscaping Material Standards.
(3) A landscape plan indicating the location and type of plantings to be used in
screening the base of the sign must be submitted prior to the issuance of a sign
permit by the city.
(4) A certified check or irrevocable letter of credit in favor of the city and in form
satisfactory to the city in the amount of 110 percent of the cost of the proposed
plantings, as determined by a certified landscape professional, shall be held in
escrow by the city until the plantings as indicated on the landscape plan approved
in conjunction with the sign permit request are complete as determined by the City
Planner.
(5) If the cost of plantings are not determined by a certified landscape professional,
the City Planner shall determine the appropriate amount. The escrow or letter of
credit shall be released to the applicant when all landscaping approved in
conjunction with the sign permit application is installed to the satisfaction of the
City Planner.
(6) If required plantings are not installed by the applicant within one year of issuance
of a sign permit, the city shall have the right to install such plantings and to use the
escrowed funds or to draw on the letter of credit to pay for the such installation of
plantings.
(2) Illumination of signs is permitted, but in accordance with the restrictions stated
under Section 3.7.13, Illumination.
(3) Sidewalk Signs
(a) Sidewalks signs are permitted in the C1-B district only.
(b) All sidewalk signs shall be limited to two feet in width and three and one-
half (3.5) feet in height, including the support members.
(c) No sign shall have more than two faces.
(d) The sign shall be placed only in front of the business without significantly
limiting the normal pedestrian use of the sidewalk.
(e) One sign is permitted for each business, and it shall be removed from the
sidewalk at the end of each business day.
(f) No sidewalk sign shall be illuminated.
(g) No zoning certificate shall be required.
(C) Standards for the C1-B, C2-B, and NC-F District
This subsection shall apply to the C1-B, C2-B, and NC-F districts.
(1) Size
(a) A total of 1 1/2 square feet of signage for each lineal foot of building
frontage shall be permitted as the total allotted sign area.
(b) If a building is situated on a corner with a second street frontage, one
additional square foot of signage (for the total allotted sign area) shall be
permitted for each lineal foot of building frontage, not to exceed 100 square
feet except as limited by paragraphs (c) and (d) below.
(c) Not more than ten percent of the building elevation area in the C1-B, C2-B,
or NC-F zoning districts may be used for wall signage. The building
elevation area shall be determined by multiplying the total building by the
height of the wall or surface area. See Figure 3-33.
(d) Either one pylon or one ground sign may be permitted for each building
frontage and shall not exceed 100 square feet per face and shall not have
more than two faces.
(e) The total area of all signs shall not exceed allotted sign area.
(f) Freestanding signs in the NC-F district shall be limited to a one ground sign
with a maximum height of three feet and a maximum square footage of 12
square feet.17
(2) Location
(a) Signs may be wall signs and located anywhere on the wall surface of the
building. Signs may be projecting signs and may project not more than 36
inches beyond the face of the building and must have a minimum clearance
of eight feet above a sidewalk and 15 feet above driveways or alleys.
(b) A pylon or ground sign may be located anywhere back of the street right-of-
way lines, subject to other restrictions in this section.
(c) Signs may be on the vertical faces of awnings and may project below the
lower edge of the awning not more than 12 inches. The bottom of awning
signs shall be no less than eight feet above the sidewalk or grade at any
point. No point of the sign shall project above the vertical awning face.
(D) Signs in the I1-B and ED-F District
This subsection shall apply to the I1-B and ED-F districts.
(1) Size
(a) For each industrial property, a maximum of one square foot for each lineal
foot of building frontage or one-half square foot for each lineal foot of land
frontage is permitted, whichever is greater, as a total allotted sign area.
(b) No wall sign shall exceed 200 square feet per wall.
(c) One ground sign may be permitted for each building frontage, and the sign
shall not exceed 100 square feet per face and shall not have more than two
faces.
(d) The total area of all signs shall not exceed allotted sign area.
(2) Location
Signs may be wall signs and located anywhere on the surface of the building. Signs
may be pylon or ground signs. Signs may be projecting signs and may project no
more than 36 inches beyond the face of the building and must have a minimum
clearance of eight feet above a sidewalk and 25 feet above driveways or alleys.
(E) Signs in the CD-S and PI-S Districts
This subsection shall apply to the CD-S and PI-S districts.
(1) Height
(a) Ground and kiosk signs may not exceed eight feet in height above the center
line of the street in front of the property.
(b) Pylon signs are prohibited.
17
Limitation for the F-NC district.
(2) Size
Square footage for ground and kiosk signs shall be approved pursuant to an
approved signage plan. A ground sign shall not exceed 100 square feet per face and
shall not have more than two faces. A kiosk sign shall not exceed 20 square feet per
face and shall not have more than four faces. Not more than ten percent of the
building elevation area may be used for wall signage.
(3) Signage Plan for the CD-S District
For colleges wishing to install additional on-campus signage, except for wall
signage identifying the name of the building, a signage plan shall be submitted to
City Planner for review and approval. The signage plan shall include locations,
sizes, dimensions, materials, height, and color of all existing and proposed ground
and kiosk signs of the college. Except as otherwise provided for in this section, all
new wall, ground and kiosk signs shall be subject to the zoning certificate approval
process and all other applicable provisions of this section.
(4) Location
(a) Signs may be wall signs located anywhere on the surface of the building.
(b) Signs may be projecting signs and may project not more than 36 inches
beyond the face of the building, and must have a minimum clearance of eight
feet above a sidewalk and 15 feet above a driveway or alley.
(c) Signs may be ground or kiosk signs.
(d) Signs shall be subject to sight distance triangle setbacks (See Section
3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle).)
as defined in this Code.
(F) Signs in the DH-O District and on Heritage Preservation Sites
(1) This subsection applies to the DH-O district and other sites that have been
designated as heritage preservation sites.
(2) Signage shall be designed to enhance and complement the historic character of
buildings within the historic district.
(3) Prior to issuance of a zoning certificate, the applicant shall be required to apply for,
and received, a certificate of appropriateness for the sign.
(4) HPC shall review the sign permit application in accordance with the following
guidelines:
(a) All sign permits for property within the O-DH shall comply with both the
requirements of this section.
(b) Whenever possible, sign review shall be guided by the use of historic
photographs or visual records of the building or site.
(c) Temporary signs meeting the requirements of this section do not require
review by the heritage preservation commission and can be approved by the
City Planner.
(d) Pylon signs are prohibited.
(5) Placement
Signs shall be positioned so they are an integral design feature of the building, i.e.,
signs shall help complement and enhance the architectural features of the building.
They shall be placed so that they do not destroy architectural details such as stone
arches, glass transom panels, or decorative brickwork. Unless other placement is
specifically approved by the heritage preservation commission for reasons stated in
the certificate of appropriateness issued by the commission, signs may be placed
only as follows:
(a) At or above the horizontal lintel, cornice, or beltcourse, or above the
storefront windows;
(b) Projecting from the building;
(c) Applied to or painted on canvas awnings; or
(d) In areas where signs were historically attached. See Figure 3-34.
Figure 3-34: Illustration of where signs are historically attached to buildings in the downtown historic
district.
(6) Sign Shape
Signs shall be designed to match the historic time period elements and regional
locations of the city, which primarily exclude such features as cut corners and
nonrectangular shapes. In most cases, the edges of signs shall include a raised
border that sets the sign apart from the building surface or hanging space.
Individual raised letters set onto the sign area surface are also preferred.
(7) Colors
Sign colors shall coordinate with the building facade to which the sign is attached
and shall be compatible with the property's use. A combination of soft/neutral
shades and dark/rich shades are encouraged in order to reflect the historical time
period. No more than two colors shall be used for the sign letters.
(8) Material
Signs and sign letters should be made of wood or metal that is in keeping with the
corresponding historic period of the building. Brackets for projecting signs shall be
made of iron or other painted metal, and shall be secured at the top of the sign, and
anchored into the mortar, not the masonry.
(9) Message
The sign message shall be legible and shall relate to the nature of the business.
These requirements may be accomplished through the use of words, pictures,
names, symbols, and logos.
(10) Lettering
Lettering styles shall be legible and shall relate to the character of the property's
use and the era of the building. Lettering shall preferably include serif rather than
strictly block-type styles. Each sign shall contain no more than two lettering styles,
and the lettering shall occupy no more than approximately 60 percent of the total
sign area.
(11) Illumination
External illumination of signs is permitted by incandescent or fluorescent light, but
shall emit a continuous white light that prevents direct shining onto the ground or
adjacent buildings. Exposed neon signs shall be permitted when installed inside
windows or the interior of the building. The use of internally lit signs, such as but
not limited to backlit plastic, is not permitted. Exceptions to this guideline shall be
allowed for public service, time/temperature and theater signs.
(12) Historic Building Names
Permanent historic names on buildings shall be reviewed by the heritage
preservation commission when changed or painted. These signs are not subject to
the standard sign area requirement.
(G) Signs in the PD-O District
Signs approved as part of a previous approved PUD shall be allowed to continue under
the PD-O district. Any changes to a sign, other than copy changes and general
maintenance, in the PD-O district shall be subject to the applicable standards of the
underlying base zoning district.
3.7.11 Temporary Signs
The following signs shall be permitted anywhere within the city provided they meet the
established standards.
(A) Temporary Signs Require a Zoning Certificate
The installation of a temporary sign shall require a zoning certificate unless the sign is
less than 4 square feet in sign area or contains only noncommercial speech.
(B) Temporary Signs on Properties for Rent or Sale
Temporary signs with a commercial message may be located on properties for sale, lease,
or rent in all zoning district, without a zoning certificate, as follows:
(1) Signs in the AH-S, R1-B, R2-B, R3-B, R4-B, N1-B, and NC-F shall have a
maximum sign area of 12 square feet and a maximum height of five feet.
(2) Signs in all other zoning districts shall have a maximum sign area of 12 square feet
and a maximum height of five feet.
(3) Such signs shall be removed within seven days of the sale, rental, or lease or within
two years, whichever occurs first.
(C) Temporary Signs with Noncommercial Speech
Temporary signs that have no commercial message are permitted in all districts as
follows:
(1) Zoning certificates and fees shall not be required; and
(2) Signs shall be setback a minimum of 12 feet from the edge of pavement on any
street to provide for visibility.
(D) Project Signs
(1) Project signs are allowed up to a total of one-half square foot for every lineal foot
of land frontage along a public right-of-way up to a maximum of 50 square feet..
One-sided signs only are allowed. Location shall be generally parallel to the public
right-of-way and shall be on the tract they identify. Project signs must be removed
when 75 percent of the tract is sold or leased or after ten years has elapsed from
erection of the sign, whichever shall come first.
(2) Temporary signs may be permitted during the construction of a development under
the following provisions:
(a) The owner of the property where the sign will be located applies for, and
receives a zoning certificate for the sign;
(b) There shall be a limit of one sign per premises and such sign shall not exceed
32 square feet per side with a maximum of two sides; and
(c) The temporary sign may be posted during construction and/or development
of the subject property without a specific time limit. The sign shall be
removed within 14 days of completion of construction or development.
(E) Promotional Signs
(1) Signage for promotional events shall be permitted for a period not to exceed seven
days prior to the event and shall be removed within 24 hours after the event. The
sign may be allowed for a maximum of 24 days within any single 12-month period.
(2) Promotional signs shall require a zoning certificate.
(F) Garage/Yard Sale Signs
(1) On-site garage or yard sale signs shall not exceed six square feet and be located at
least five feet from the sidewalk or street in the absence of a sidewalk.
(2)
Such signs may be erected up to three days before, and up to one day after, the
dates of garage or yard sale.
(G) Other Temporary Signs
(1) Other temporary signs intended to be used until a permanent sign may be obtained
and erected can be approved by the City Planner for a period not to exceed 30 days.
(2) Such sign shall not exceed the sign area permitted within the appropriate zone.
(3) Such sign shall require a zoning certificate.
(B) All notices mailed by the City Planner shall be sent by certified mail to the property
owner. Any time periods provided in this section shall be deemed to commence on the
date of the receipt of the certified mail.
(C) Notwithstanding Subsections (A) and (B) above, in an emergency the City Planner may
cause the immediate repair or removal of a dangerous or defective sign that poses a
hazard to public safety, without notice.
(D) The notice given by the City Planner shall state the remedial action required to be taken
and that, if such action is not taken within the time limits set forth in this section, the city
may do the work and assess the cost thereof against the property on which the sign is
located, together with an additional five percent of the cost of the remedial action for
inspection and incidental costs, and an additional ten-percent penalty for the cost of
collection, which shall be collected in the same manner as real estate taxes against the
property.
(E) If the owner of the property shall fail, neglect, or refuse to comply with the notice to
repair, rehabilitate or remove the sign declared to be unlawful, they may be prosecuted
for violation of this section.
(F) If it shall be necessary for the City Planner to repair or remove a sign pursuant to this
section, bids shall be taken when the estimated costs of repair or removal exceed
$500.00. 18When completed, the City Planner shall certify to the finance director the legal
description of the property upon which the work was done, together with the name of the
owner thereof as shown by the tax rolls of the related municipal area, together with a
statement of the work performed, the date of performance, and the cost thereof.
(G) Upon receipt of such certification, the City Planner shall mail a notice to the owner of the
premises as shown by the tax rolls, at the address shown upon the tax rolls, by certified
mail, postage prepaid, notifying such owner that the work has been performed pursuant
to this section. Such notice shall state the date of performance of the work, the nature of
the work, and shall demand payment of the cost thereof, as certified by the City Planner,
together with five percent for inspection and other incidental costs in connection
therewith. Such notice shall also state that if the amount is not paid within 30 days of
mailing of the notice, it shall become an assessment upon and a lien against the property
of the owner, describing the property, and shall be certified as an assessment against the
property, together with a ten-percent penalty, for collection in the same manner as the
real estate taxes upon the property.
(H) If the City Planner shall not receive payment within a period of 30 days following the
mailing of such notice, the City Planner shall inform the City Council of such fact. A
hearing to confirm the costs shall be held before the council. At such hearing the owner
of the property or other interested persons may appear and object to the proposed
assessment. Notice of the hearing shall be given at least ten days prior to the date of the
hearing to the property owner by mailing a notice of the hearing to the address of the
property owner as shown on the last equalized assessment roll. The council may
thereupon enact a resolution assessing the whole cost of such work, including the five
percent for inspection and other incidental costs in connection therewith, upon the lots
and tracts of land upon which the sign is or was located, together with a ten-percent
penalty for the cost of collection.
(I) Following passage of such resolution the City Planner shall certify the resolution to the
county auditor, who shall collect the assessment, including the ten-percent penalty, in the
18
Staff to check to see if bids are still required. The City Attorney should also review this section.
same manner as other taxes are collected. Each such assessment shall be a lien against
each lot or tract of land assessed, until paid, and shall have priority over all other liens
except general taxes and prior special assessments.
(b) Traffic hazards including obstacles to safe pedestrian and bicycle access; and
(c) Excessive traffic through residential areas, particularly truck traffic. Internal
traffic shall be so regulated as to ensure its safe and orderly flow.
(2) Traffic into and out of business areas shall, to the maximum extent possible, be
forward moving with no backing into streets.
3.8.4 Rules for Computation
(A) The following rules shall apply when computing parking, loading, or stacking spaces:
(1) On-Street Parking
On-street parking spaces shall not be counted toward off-street parking space
requirements except as may otherwise be provided for this Code.
(2) Driveway Space Meeting Parking Requirements
Entrances, exits, or driveways shall not be computed as any part of a required
parking lot or area, except in the case of single-family, two-family, and three-
family dwellings where driveways may be used in calculating the amount of off-
street parking.
(3) Multiple Uses
Unless otherwise noted or approved, off-street parking areas serving more than one
use shall provide parking in an amount equal to the combined total of the
requirements for each use.
(4) Area Measurements
All square footage-based parking standards shall be computed on the basis of gross
floor area of all floors in a nonresidential building. Up to 15 percent of the gross
floor area may be excluded from the above calculation if the area is used for
storage, loading, unloading, or for mechanical equipment.
(5) Gasoline Stations
Spaces at the pump at a gas station may count toward the minimum parking space
requirements.
(6) Occupancy- or Capacity- Based Standards
(a) For the purpose of computing parking requirements based on employees,
students, residents, or occupants, calculations shall be based on the largest
number of persons working on a single shift, the maximum enrollment, or
the maximum fire-rated capacity, whichever is applicable, and whichever
results in a greater number of parking spaces.
(b) In hospitals, bassinets shall not be counted as beds.
(c) In the case of benches, pews and similar seating accommodations, each 24
inches thereof shall be counted as one seat for the purpose of determining the
parking requirements.
(7) Unlisted Uses
(a) Upon receiving an application for a use not specifically listed in the parking
schedule below, the City Planner shall apply the parking standard specified
for the listed use that is deemed most similar to the proposed use in regards
to use, size and intensity of use.
(b) If the City Planner determines that there is no listed use similar to the
proposed use, intensity, or size, they may refer to the estimates of parking
demand based on recommendations of the American Planning Association
(APA), the Urban Land Institute (ULI) and/or the Institute of Traffic
Engineers (ITE).
(c) The City Planner’s decision regarding parking requirements for a specific use
is appealable to the ZBA as established in Section 5.5.17, Appeals.
(8) Tandem Parking
The use of tandem parking (when one space is located directly behind another) is
allowed; however, the parking spaces that will be blocked, or potentially blocked
by other vehicles shall not count toward the requirements of this section. Single-
family and two-family dwelling units shall be exempt from this requirement.
(9) Parking Areas within a Structure
No parking area located within the interior of a structure shall be counted in
meeting the off-street parking requirements of this section except when located
within a private garage, parking garage, or other facility designed for the parking of
cars.
3.8.5 Off-Street Parking Space Requirements
(A) Table 3.8-1 defines the number of parking spaces required for each use within the city.
(B) The applicant may vary from the required number of parking spaces in accordance with
Section 3.8.8(A), Modification of Required Number of Spaces.
(C) Uses in the C1-B district are exempt from these requirements.
(D) See Section 3.8.7, Bicycle Parking for off-street parking requirements for bicycles.
(2) At no time shall any portion of the required parking area that is so designated for
future construction be used for the construction of any structure or paved surface
with the exception that pervious pavers may be used to provide temporary parking
provided that the pavers allow for grass and other vegetation to grow through the
material.
(3) At no time shall any portion of the required parking or loading that is so designated
for future construction as provided herein be counted as open space or other non-
paved areas required by other provisions of this section.
(4) The owner shall initiate construction of the approved "future" parking area(s), as
identified on the approved parking plan, within three months of the receipt of a
certified letter or a letter through normal postal service (in the event that the
certified letter is not accepted) sent to the owner of record from the City Planner,
identifying that such parking is determined to be necessary.
(C) Shared Parking
A portion of the required parking spaces may be located on an adjacent property if the
parking area complies with the following standards and is authorized in accordance with
Section 3.8.8, Modification of Parking Requirements.
(1) Shared parking is encouraged and permitted if the multiple uses that the shared
parking will benefit can cooperatively establish and operate the facilities.
(2) The applicant shall have the burden of proof for reduction of the total number of
parking spaces and shall document and submit information substantiating their
request. Shared parking may be approved if:
(a) A sufficient number of spaces is provided to meet the highest demand of the
participating uses;
(b) Evidence has been submitted by the parties operating the shared parking
facility, to the satisfaction of the City Planner, documenting the nature of
uses and the times when the individual uses will operate so as to demonstrate
the lack of potential conflict between them.
(c) The shared parking spaces will not be located in excess of 500 feet from the
further most point of the space to the front door, or other viable building
entrance as approved by the City Planner, of the use they are intended to
serve;
(d) A shared parking agreement is submitted and approved by the City Attorney,
that provides for the rights of the respective parties to use the shared parking
areas in a manner adequate to accommodate multiple users or that parking
spaces will be shared at specific times of the day (i.e., one activity uses the
spaces during daytime hours and another activity use the spaces during
evening hours). This agreement shall include provisions, evidence of deed
restrictions or other recorded covenants that ensure that the spaces will be
properly maintained during the life of the development.
(e) The approved shared parking agreement shall be filed with the application
for a zoning certificate and shall be filed with the appropriate county and
recorded in a manner as to encumber all properties involved in the shared
parking agreement.
structure that serve as pedestrian access ways. This landscape strip may include a
sidewalk and landscaping but shall, at a minimum, include at least a three foot strip of
landscaping along its length.
(E) Setbacks
(1) Parking lots, driving aisles, loading spaces and maneuvering areas shall have
minimum setbacks as indicated in Table 3.8-2 unless otherwise stated in this Code.
19
19
This table is from the existing Code but does not address parking areas for commercial and industrial uses
adjacent to residential uses.
Figure 3-37: Parking space and aisle requirements based on angle of parking.
(2) When the length of a parking space abuts a column, fence, wall, or other
obstruction, the required width of the entire parking space shall be increased by at
least one foot.
(3) The required length of a parking space shall not provide for a vehicle overhanging
a landscaped area or walkway. The entire length shall be composed of a surfacing
material in compliance with Section 3.8.10(F), Grading, Surface, and Maintenance.
(D) Use of Compact Vehicle Spaces
(1) This subsection provides for the establishment of compact vehicles spaces as an
alternative to full sized spaces.
(2) For parking lots with 50 or more spaces, a minimum of five percent of the total
spaces shall be designed for compact vehicle spaces.
(3) A maximum of 20 percent of spaces in any single parking lot may be dedicated to
compact parking spaces.
(4) Compact spaces shall be clearly labeled for “compact cars” and grouped together in
one or more locations or at regular intervals so that only compact vehicles can
easily maneuver into the space.
(5) Existing nonresidential developments that wish to utilize this section to create
additional parking spaces (e.g., either by adding land area to an existing parking lot
or modifying an existing parking lot to gain more spaces) shall first apply for site
plan review.
(6) Design techniques (e.g., use of lampposts and/or extra landscaped areas at the front
of compact spaces) shall be incorporated into the parking lot plan to preclude the
parking of standard size vehicles in compact vehicle spaces, subject to the approval
of the City Planner
(7) The minimum off-street parking dimensions for compact vehicle spaces shall be as
identified in Table 3.8-3.
(8) When the length of a compact parking space abuts a column, fence, wall, or other
obstruction, the required width of the entire parking space shall be increased by at
least one foot.
(E) Striping and Identification
(1) Parking spaces shall be clearly outlined with four-inch wide lines painted on the
parking surface.
(2) The striping shall be continuously maintained in a clear and visible manner in
compliance with the approved plans.
(3) The color of the striping shall be white, yellow, or other color as approved by the
City Planner unless required by state law (e.g., parking for the disabled).
(F) Grading, Surface, and Maintenance
(1) All grading plans relating to the parking facilities shall be reviewed and approved
by the City Engineer before any work can commence.
(2) All parking plans are subject to the surface water management plan.
(3) All off-street parking facilities shall be properly graded and drained so as to
dispose of all surface water accumulated within the area of the parking lot.
(4) In no instance shall a storm drainage facility be designed to allow the flow of water
into abutting property without an approved easement.
(5) All parking spaces and maneuvering areas shall be designed to accommodate
parking based on the land use, but shall be surfaced with not less than two inches
of asphaltic concrete, or three and one-half inches of Portland cement concrete, or
comparable material (e.g., pervious surfaces) as determined by the City Engineer,
and shall be continually maintained in a clean and orderly manner and kept in good
repair.
(6)
Up to 35 percent of parking spaces may be constructed of a pervious surface, as
approved by the City Engineer.
(G) Wheels Stops and Curbing
(1) Continuous concrete curbing at least six inches high and six inches wide shall be
provided for parking spaces located adjacent to fences, walls, property lines,
landscaped areas, and structures, unless the elimination of this curbing is required
to adhere to storm water management requirements.
(2) Individual wheel stops may be provided in lieu of continuous curbing only when
the parking is adjacent to a landscaped area, and the drainage is directed to the
landscaped area.
(3)
When provided, wheel stops shall be placed to allow for two feet of vehicle
overhang area within the dimension of the parking space.
(H) Curb Cuts
Access to an off-street parking lot shall not be allowed to occur through the use of a
continuous curb cut (e.g., where most or all of the street frontage is provided as a curb cut
for access purposes).
Curb cuts shall be designed according to the engineering guidelines approved by the City
Engineer.
Figure 3-38: This photograph illustrates how a sidewalk connecting the public sidewalk to the business
can be integrated into the required landscaping.
(C) All pedestrian walkways located within a site (internal pedestrian circulation) shall be
physically separated from the drive lanes and driveways. Additionally all sidewalks and
crosswalks shall be constructed of an impervious surface and shall be visually distinct
from the driving surface by use of pavers, bricks or scored concrete. See Figure 3-38.
(D) Sidewalks, at least eight feet in width, shall be provided along any facade featuring a
customer entrance, and along any facade abutting public parking areas. At all times, such
sidewalks shall maintain a clear pedestrian passage equal to the width of the sidewalk.
Additionally, such sidewalks shall connect all customer entrances and to other internal
sidewalks.
(2) The requirements of Table 3.8-4 may be reduced or waived by the City Planner
with DRC review and with documentation from the applicant demonstrated that
due to the specific uses, the number of loading spaces is not required.
(b) The screening material shall be at least 6 feet in height and 100 percent
opaque and shall satisfy the buffer requirements of the most restrictive
adjacent district.
(5) Lighting
Loading areas shall have lighting capable of providing adequate illumination for
security and safety; lighting shall also comply with the requirements of Section
3.3.3, Outdoor Lighting Standards.
(6) Striping
(a) Loading spaces shall be striped, and identified for "loading only."
(b) The striping and "loading only" notations shall be continuously maintained in
a clear and visible manner in compliance with the approved plans.
3.8.14 Outdoor Parking and Storage of Vehicles
(A) Parking and storage of any motorized vehicle may occur within a garage, carport, or other
building approved for parking in accordance with the applicable sections of this Code.
(B) Parking and Storage of Vehicles in Residential Districts
(1) Parking and Storage in the Front or Side Yard
(a) Operable and licensed automobiles, motorcycles, or trucks of one-ton
capacity or less, in regular use, may be parked on a paved driveway in the
front yard.
(b) Operable recreational vehicles may be parked for a period of 72 hours on a
paved driveway for the purpose of loading and unloading the vehicle
(c) No other motorized vehicle parking shall be located within a front or side
yard.
(2) Parking and Storage in the Rear Yard
(a) Parking and storage of motorized vehicles in the rear yard shall be on a
paved surface.
(b) One recreational vehicle (and an associated trailer) may be parked and stored
in the rear yard provided it is not parked or stored within a required setback
and provided the recreational vehicle does not exceed 12 feet in width or 30
feet in length.
(C) Parking of Vehicles in Nonresidential Districts
Off-street recreational vehicle parking spaces shall be provided as follows for retail uses,
shopping centers, and visitor attractions that are required by Section 3.8.5, Off-Street
Parking Space Requirements, to provide 100 or more off-street parking spaces.
(1) Recreational vehicle parking spaces shall be provided at a minimum ratio of one
recreational vehicle space for each 100 off-street vehicle parking spaces, or fraction
thereof.
(2) Each recreational vehicle parking space shall be designed as a pull-through space
with a minimum width of 12 feet and a minimum length of 40 feet, with 14 feet of
vertical clearance.
(3) Sidewalks shall extend to and around the turn-around portion of a cul-de-sac street.
Construction of both sidewalks and trails shall be as specified in the city’s
Engineering Guidelines.
(4) Sidewalks along shall have a minimum width of five-feet or wider as specified in
Section 3.11.3, Streets and Table 3.11-3.
(5) Trails shall be a minimum of eight feet wide, unless located directly behind a curb,
in which case they shall be a minimum of ten feet wide.
(6) Sidewalks and trails shall be constructed in such a manner so as to prevent pooling
of storm water runoff and to drain away from any nearby buildings. The profile
grade shall not exceed the grade of the adjacent roadway, unless authorized by the
City Engineer.
(7) As part of subdivision approval, the city may require dedicated and improved trails
in locations away from street frontages where necessary to provide safe and
convenient pedestrian access to a public facility or to otherwise provide convenient
connections between existing pedestrian routes. Where trails, that are not classified
as sidewalks are required, the City Engineer shall specify standards for their design
and construction.
(8) All sidewalks and trails shall comply with applicable standards of the Americans
with Disabilities Act.
(C) Pedestrian Connections Required outside of New Subdivisions
(1) To ensure safe, reasonably direct and convenient pedestrian connections between
primary building entrances and all adjacent streets, all developments, except single
family detached housing on individual lots, shall provide a continuous pedestrian
and/or multi-use pathway system that may include a combination of sidewalks,
trails, and pathways.
(2) The pedestrian connection system shall extend throughout any development site
and connect to all future phases of development, adjacent trails, public parks and
open space areas whenever possible. The developer may also be required to
connect or stub trails (s) to adjacent streets and private property.
(D) Location
(1) Sidewalks shall be included within the dedicated street right-of-way unless
otherwise approved by the City Engineer. Trails may be located within the street
right-of-way, an easement or an outlot, depending on whether there is sufficient
right-of-way to accommodate the trail and meet other city requirements, including
snow storage.
(2) Sidewalks shall be located at least seven feet from the back of curb to allow for
snow storage.
(E) In Long Blocks and at the End of Culs-de-Sacs20
(1) Multi-use trails (for pedestrians and bicycles) connecting streets on either side of a
block may be required at or near mid-block where the block length exceeds the
required block standards of Section 3.11.2(L), Blocks.
20
We are trying to locate a good graphic for this provision.
(2) Trails may be required where cul-de-sac are planned, to connect the ends of the
streets together, to other streets, and/or to other developments, as applicable. Trails
used to comply with these standards shall conform to all of the following criteria:
(a) Multi-use trails shall be no less than eight feet wide and located within a 20-
foot-wide right-of-way or easement that allows for drainage and access for
maintenance and emergency vehicles;
(b) Stairs or switchback trails using a narrower right-of-way/easement may be
required in lieu of a multi-use pathway where grades are steep;
(c) The City may require landscaping within the trail easement/right-of-way for
screening and the privacy of adjoining properties.
required for the separation of an area, parcel, or tract of land under single ownership into
two or more parcels, lots, or tracts where the division necessitates the creation of streets,
roads, or alleys for residential, commercial, industrial, or other use or any combination
thereof, or any change in the lot line or lines of a parcel, lot, or tract, or the establishment
of the lot lines of a parcel, lot, or tract not previously platted.
(B) Subdivision approval is not required for those separations where all the resulting parcels,
tracts, lots, or interests will be 35 acres or larger in size and 500 feet in width for
residential uses.
3.10.3 Energy Conservation Design
Each proposed subdivision shall be designed to provide maximum opportunities for energy
conservation, including opportunities for passive or natural heating or cooling opportunities, in
compliance with the following:
(A) Where feasible, lots shall be largely oriented in an east-west direction.
(B) Proposed lots shall be designed, where feasible, to provide building sites that permit the
orientation of structures in east-west alignment for southern exposure, and to take
advantage of existing shade or prevailing breezes.
3.10.4 Development Agreement Required
(A) Purpose
It is the purpose of this section to ensure that a subdivider follows the conditions of
approval and properly installs the basic improvements required in a plat. To that end,
whenever a subdivision includes any public improvements or other conditions of
approval, the subdivider shall enter into a Development Agreement with the city, setting
forth the conditions under which the subdivision is approved.
(B) Required Improvements
(1) Basic Improvements
All of the following required improvements to be installed under the provisions of
this section shall be designed and constructed in accordance with the design
standards of this section and the current version of the City of Northfield
Engineering Standard Specifications, which are adopted herein by reference; and
approved by and subject to the inspection of the City Engineer prior to approval.
(a) Streets;
(b) Sanitary sewer;
(c) Watermain;
(d) Surface water facilities (pipe, ponds, rain gardens, and similar
improvements);
(e) Grading and erosion control;
(f) Sidewalks/trails;
(g) Street lighting;
(h) Street signs and traffic control signs;
(i) Street trees;
(j) Tree preservation;
deviations from the approved plans and specifications will be permitted unless
approved in writing by the City Engineer. The subdivider shall not do any work or
furnish any materials not covered by the plans and specifications and special
conditions of this Agreement, for which reimbursement is expected from the city,
unless such work is first ordered in writing by the City Engineer as provided in the
specifications.
(D) Time of Performance
(1) The subdivider shall complete all required basic improvements no later than one
year following the commencement of work on the improvements, except:
(a) Where weather precludes completion;
(b) For street lighting;
(c) For landscaping; and
(d) For the wearing course of streets.
(2) Where weather precludes completion, the timeline for completion of the
improvements may be extended an additional six months.
(3) The subdivider shall complete street lighting within two years following the initial
commencement of work on the required basic improvements.
(4) The subdivider shall complete landscaping by development phase within 90 days
following the issuance of a building permit for the last vacant lot within a phase
unless weather precludes completion, in which case the landscaping shall be
completed at the outset of the next growing season.
(5) Neither curb and gutter nor bituminous pavement shall be installed between
November 15, and April 15, The final wear course on streets shall be installed
between May 15th and October 1st the first summer after the base layer of asphalt
has been in place one freeze thaw cycle. Any deficiencies in the base asphalt, curb or
other improvements must be repaired by the subdivider at its own cost prior to final
paving. The subdivider may, however, request an extension of time from the city. If
an extension is granted, it shall be conditioned upon updating the security posted by
the subdivider to reflect cost increases and the extended completion date. Final wear
course placement outside of this time frame must have the written approval of the
City Engineer.
(E) Financial Guarantees
(1) Subsequent to execution of the Development Agreement but prior to approval of a
signed final plat for recording, the subdivider shall provide the city with a financial
guarantee in the form of a letter of credit from a bank, cash escrow, or other form
of security acceptable to the city. A letter of credit or cash escrow shall be in an
amount as determined by the City Engineer.
(2) It shall be the responsibility of the subdivider to insure that a submitted financial
guarantee shall continue in full force and effect until the City Engineer has
approved and the City Council has accepted all of the required improvements. The
City Engineer thereby is authorized to release the guarantee or reduce the amount
of the guarantee as provided in Section <>.
(3) When any instrument submitted as a financial guarantee contains provision for an
expiration date, after which the instrument may not be drawn upon,
(i) Costs of the basic improvements identified in Section 3.10.4 (B) (1),
Basic Improvements.
(ii) Engineering, to include subdivider’s design, construction management,
surveying, inspection, and drafting.
(iii) 25% contingency or add-on to the costs in paragraphs (i) and (ii); and
(iv) Estimated cost of energy for street lights for the first two years of
operation.21
(b) City Installed Improvements22
For basic improvements to be installed by the city, the required financial
guarantee shall be the sum of the following fixed or estimated costs:
(i) A cash deposit in an amount equal to 25 percent of the estimated cost of
installing the specified public improvements as determined by the City
Engineer, which costs would include charges incurred by the city for
legal, planning, engineering and administration associated with the
installation project(s). The deposit shall be applied to the costs of such
installations, with the remainder of the costs specially assessed, in the
manner provided by Minnesota Statutes, over a period of five years
together with interest thereon.
(ii) In lieu of the cash deposit, the subdivider may elect to have the city
provide 100 percent of the cost of such installations, which costs shall be
assessed over a period of five years. In such event, the subdivider shall
post a letter of credit for 60 percent of the cost of assessments, which
letter of credit shall be released after the subdivider pays the principal
and interest on said assessments for two years and which letter of credit
shall be separate from any other letters of credit associated with the
subdivider’s project.
(F) Other Cash Requirements
The subdivider will be responsible for additional cash requirements which must be
furnished to the city at the time of final plat approval. The subdivider shall not proceed
with any improvements until these cash requirements have been paid to the city. The cash
requirements may include:
(1) Park dedication fees (See Section 3.11.6, Park, Trails, and Open Space
Dedication.);
(2) Utility charges and fees. This may include Sewer Availability Charges (SAC),
Water Availability Charges (WAC), and Trunk Fees;
(3) Special assessments including interest;
(4) The city’s legal, engineering administration, and construction observation fees;
(5) Costs associated with traffic control and street signs to be installed in the plat by
the City of Northfield;
(6) Map upgrade fee; and
21
The City Engineer commented that this might be included in the “per light charge” covered under section (a) so
this may be removed in the future.
22
This section is currently under review by appropriate city staff.
(I) Insurance
The subdivider shall take out and maintain or cause to be taken out and maintained until
six months after the city has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of subdivider's work or the work of its
subcontractors or by one directly or indirectly employed by any of them. Limits for the
coverage shall be in accordance to the city’s current requirements. The city shall be
named as an additional insured on the policy, and the subdivider shall file with the city a
certificate evidencing coverage prior to the city signing the plat. The certificate shall
provide that the city must be given 10 days advance written notice of the cancellation of
the insurance.
23
This restriction needs legal review.
cause hardship to owners of adjoining property in platting their own land and
providing convenient access to it.
(b) Streets proposed within a new subdivision shall be interconnected and shall
connect with adjacent streets external to the subdivision, to provide multiple
routes for pedestrian circulation, emergency access, and vehicle trips from,
to, and within the subdivision, as appropriate.
(c) In commercial and industrial developments, the streets and other accessways
shall be planned in connection with the location of buildings, rail facilities,
truck loading and maneuvering areas, and sidewalks and parking areas so as
to minimize conflict of movement between the various types of traffic,
including pedestrian traffic.
(5) Grading and Improvement Plan
The full width of the street right-of-way shall be graded and improved in
conformance with the City’s Engineering Guidelines and the construction plans
submitted as part of the final plat application.
(6) Access
(a) Vehicle access shall be prohibited from a stub street to adjoining lots until
such time as the stub street is extended into an adjoining tract, or unless a
temporary turn around feature is provided.
(b) When a proposed plat contains or borders on the right-of-way of an existing
or planned principal or minor arterial roadway, the city may require
dedication and installation of a street approximately parallel to and on each
side of such right-of-way for adequate protection of properties and to afford
a separation of local and through traffic. Such streets shall be located at a
distance from the major roadway suitable for the appropriate use of any
intervening land. Such distance shall also be determined with due regard for
the requirements of approach connections, future grade separations, and lot
depths.
(c) The subdivider shall provide access to all lots via local streets. When a
proposed plat contains or borders on the right-of-way of a principal arterial,
vehicle access points shall be restricted in accordance with the city’s
transportation plan and the access requirements of the Minnesota Department
of Transportation in the relevant counties. When a proposed plat contains or
borders on the right-of-way of an arterial or collector roadway, vehicle
access points shall be restricted from such roadways. If access onto an
arterial or collector is the only option for access and is therefore required,
such vehicle access points shall be limited from individual lots onto such
streets through the use of shared driveways, consistent with the access
management provisions of the city’s transportation plan.
(d) Driveway access shall comply with Table 3.11-124
24
Would this table on roadway access be better locating in the parking and loading article, applicable to all
development, not just subdivisions?
(e) Access to minor and major collector streets shall be in compliance with
Table 3.11-2.
25
I called this nonresidential rather than the transportation plan’s column of commercial and industrial to deal with
institutional uses.
(b) Traffic control signs pursuant to Minnesota Statutes, Section 169.06, shall be
installed at locations within the subdivision as designated by the City
Engineer.
(c) Turn lanes and traffic lights shall be installed at the expense of the subdivider
when required as a result of the proposed subdivision.
(d) Street lights shall be installed at all intersections and at other locations, as
required by the City Engineer. All street lights within new subdivisions shall
be on street light poles meeting the standards of the city and shall be
equipped with underground electrical service, and shall conform with City
lighting standards. The developer shall pay to the city the energy cost for the
first two years of operation, or until the dwellings on all lots within the
subdivision have been completed, whichever is less.
(8) Sidewalks and Trails
Sidewalks and trails required by Section 3.9, Pedestrian Access and Circulation,
shall be installed at the time a street is constructed.
(9) Dead-End Streets, Stub Streets, and Cul-de-Sac Streets (Permanent and
Temporary)
(a) Dead-end streets shall be prohibited, except as stub streets.
(b) Stub streets shall be installed to permit future street extensions into adjoining
tracts, where appropriate. Barricades shall be installed at the end of stub
streets and signage may be provided indicating a future street connection.
Stub streets shall not exceed 150 feet in length. Where required by the City
Engineer a temporary connection to another street, or a temporary
turnaround, shall be provided by the subdivider.
(c) Permanent cul-de-sac streets are prohibited except as may be installed where
necessary due to topography, configuration of land, existing road layouts or
other special circumstances. The cul-de-sacs shall have a pavement width of
80 feet in diameter and shall not exceed 600 feet in length as measured from
the centerline of the nearest intersection to the center point of the cul-de-sac.
(d) In those instances where a street is terminated pending future extension in
conjunction with future platting and its terminus is located 150 feet or more
from the nearest intersection, a temporary cul-de-sac with a pavement width
of 70 feet in diameter shall be provided at the closed end. Any portion of a
temporary cul-de-sac not located within the street right-of-way shall be
placed in a temporary roadway easement extending at least ten feet beyond
the curb line of the temporary cul-de-sac in all directions. No building
permit shall be issued for any properties.
(10) Alleys and Private Streets
(a) Alleys may be established in the city under the flowing conditions:
(i) The alleys are publicly owned and maintained;
(ii) The alleys are made of concrete;
(iii) No home shall be oriented to face the alley; and
(iv) Alleys are permitted as a secondary access when the lots front on an
arterial or collector street as identified in Table 3.11-3.
Sidewalk /Trail
Sidewalk /Trail
Reaction Space
Reaction Space
Travel Lane(s)
Travel Lane(s)
Right-of-Way
Classification
Road Section
Bike Lane[1]
Street Type
Bike Lane1
Functional
Boulevard
Boulevard
Shoulder /
Shoulder/
Shoulder
Shoulder
Parking
Parking
Median
Width
Type
Parking Where Allowed
26
Staff needs to add some more explanatory language to this text to show if you are talking about spaces, feet, etc.
27
The City Engineer is working on some draft language to address oversized utilities.
28
The City needs to have this reviewed by the community’s energy provider and the City Attorney.
29
Many of these standards will be moved to the city’s stormwater management ordinance.
drainage of the area. The City Engineer shall determine the width of such
easements or dedication areas.
(2) Drainage Easements
(a) Where topography or other conditions are such as to make impractical the
inclusion of drainage facilities within road rights-of-way, the subdivider shall
provide perpetual, unobstructed easements at least 20 feet in width for
drainage facilities across property outside the road lines and with satisfactory
access to the road. Easements shall be indicated on the plat. Drainage
easements shall extend from the road to a natural watercourse or to other
drainage facilities.
(b) When a proposed drainage system will carry water across private land
outside the subdivision, appropriate drainage rights must be secured and
indicated on the plat.
(c) The subdivider shall dedicate by a drainage easement, land on each side of
the centerline of any wetland, body of water, watercourse or drainage
channel, whether or not shown on the city’s comprehensive plan, to a
sufficient width to:
(i) Provide proper protection for water quality;
(ii) Provide retention of storm water runoff; and
(iii) Provide for the installation and maintenance of storm sewers.
3.11.6 Park, Trails, and Open Space Dedication
(A) Purpose
These requirements are established for the purpose of providing for the recreation, health,
safety and welfare of the public through the orderly development of recreation areas and
the conservation of natural resources and scenic beauty in the city. The City Council
finds that there is a rationale nexus between the demands created by the subdivision and
related development of land and the need for parks, trails, and open space facilities.
Further, the City Council herein establishes requirements for the dedication and or
development of park land, trail improvements, and open space land that is roughly
proportionate to the demands created by the subdivision and development of land
resulting from such subdivision approval.
(B) Authority
It is found and declared that, pursuant to Minn. Stat. § 462.358, subd. 2b, it is reasonable
to require dedication of an amount of land equal in value to that percentage of the
undeveloped land set forth in Section 3.11.6(D), Land Dedication Required.
(C) Waiver of Requirements
Upon a request by the developer, the City Council, in its discretion, may waive or reduce
the requirements of this section for development in the C1-B (downtown), ED-F
(economic development) or C2-B (corridor development) districts where the City Council
finds:
(1) That the vitality resulting from development or redevelopment occurring in areas
zoned C1-B is of greater benefit to the city in comparison to park, trail and open
space improvements;
(2) That development in areas zoned ED-F which results in significant increases in tax
revenues to the city or significantly increases employment opportunities is of
greater benefit to the city in comparison to park, trail, or open space improvements;
(3) That development in areas zoned BN-1 which allows for the construction of
affordable housing units of a type, price, or amount that is determined to be of
greater benefit to the city in comparison to park, trail, or open space improvements;
or
(4) City-assisted development or redevelopment projects that achieve public
objectives.
(D) Land Dedication Required
(1) In every plat, replat, or subdivision of land allowing development for residential,
commercial, industrial, or other uses or any combination thereof or where a waiver
of platting is granted, but excluding administrative lot line adjustments (See
Section 5.5.10, Administrative Lot Line Adjustment .) that do not create additional
lots, a reasonable portion of such land shall be set aside and dedicated by the owner
or developer to the general public for parks, trails or public open space.
(2) This dedication shall be in addition to the land dedicated for streets, alleys,
stormwater ponds or other public purposes.
(3) Such dedication shall be in an amount based on the schedule of dedication
requirements adopted by City Council and maintained outside of this Code.
(E) Dedication or Cash-in-Lieu of Requirements
The amount of land or cash-in-lieu of fees required shall be based up the schedule of
dedication requirements adopted by City Council and maintained outside of this Code.
(F) Land Suitability Requirement
(1) Land dedicate for park, trail, and open space shall be reasonably suitable for its
intended use and shall be at a location convenient to the people to be served.
(2) Factors used in evaluating the adequacy of a proposed park, trail, or open space
dedication shall include:
(a) Future park needs pursuant to the Parks, Open space, and Trail Systems Plan;
(b) Size;
(c) Shape;
(d) Topography;
(e) Geology;
(f) Hydrology;
(g) Tree Cover; and
(h) Access and location.
(3) Park, trail, or open space land to be dedicated shall be above the ordinary high
water mark of any lake, river or stream.
(4) Areas of slope exceed 12 percent shall be deemed unsuitable for dedication, and
not included as part of areas to meet the dedication requirements.
(5) Land with trash, junk, pollutants, and/or unwanted structures are not suitable .
(6) The City shall not be required to accept land which will not be useable for parks,
trails or open space or which would require extensive expenditures on the part of
the city.
(7)
All land dedicated for parks, trails, and/or open space shall be designed to
incorporate natural features such as rivers, streams, wildlife habitats, woodlands,
and ponding areas.
(G) Conformance with the Comprehensive Plan
Land dedicated under this division shall reasonably conform to the city's comprehensive
plan and Parks, Open Space, and Trail System Plan. If the comprehensive plan or Parks,
Open Space and Trail Systems Plan for the parcel of land to be subdivided calls for
public property in excess of that required by Section 3.11.6(D), Land Dedication
Required, the City Council shall, before approval or disapproval of the plat, determine
whether to take the necessary steps to acquire, by purchase or condemnation, all or part
of the additional public property.
(H) More Dedication
If the city requires park, trails or open space dedication in excess of the amount of land
required by Section 3.11.6(D), Land Dedication Required, the city shall pay to the
developer the fair market value of the land in excess of the percentage of land required to
be dedicated. The fair market value of the excess land shall be determined be based on an
amount equal to 125 percent of the most recent total market value, or similar total land
and building value, as established by the applicable county assessor . Such amount shall
be due at the time of final plat approval, that would otherwise be dedicated for park, trail
and open space under this section.
(I) Dedication Process
Prior to the dedication of the required property pursuant to this division, the developer
shall provide the city evidence of title in a form acceptable to the City Attorney or a title
insurance policy insuring the city's interest in the property. In any dedication of required
land, the developer must have good and marketable title to the land, free and clear of any
mortgages, liens, encumbrances or assessments, except easements or minor imperfections
of title acceptable to the city.
(J) Trail Construction
When the city's comprehensive plan or parks system master plan identifies a trail to be
constructed in the land to be subdivided, the developer shall be required to pay for the
construction of the trail improvements. The construction specifications of trails shall be
determined by the City Engineer and whenever possible, trails shall connect with existing
trails and/or sidewalks.
(K) Credit for Private Open Space
Where a private open space for park, recreation or trail purposes is provided in a
proposed subdivision and such space is to be privately owned and maintained by the
future residents of the subdivision, a credit of up to 25 percent of the requirements of
Section 3.11.6(D), Land Dedication Required may be given, provided that the following
conditions are met:
(1) Such land area is not occupied by nonrecreational buildings and is available for the
use of all residents of the proposed subdivision.
(2) Required setbacks shall not be included in the computation of such private open
space.
(3) The use of the private open space is restricted for park, recreational and trail
purposes by recorded covenants which run with the land in favor of the future
owners of the property within the tract and which cannot be eliminated without the
consent of the city.
(4) The proposed private open space is of an appropriate size, shape, location,
topography and usability for park, recreational and trail purposes or contains
unique natural features that are important to be preserved.
(5) The proposed private open space reduces the demand for public recreational
facilities to serve the development.
(L) Park Tree Requirements
The subdivider or developer shall preserve all existing trees in accordance with Section
3.6.7, Tree and Woodland Preservation.
(M) Other Conditions Prior to Deeding
Prior to dedicating land for park, trails, or open space, the land shall meet the following
conditions:
(1) Grading in the park shall conform to the grading plan as approved by the City
Engineer
(2) Rocks that are four inches or greater in diameter shall have been removed from the
land.
(3) A minimum of four inches of black soil shall have been provided by the developer
dependent on subsoil material as determined by the City Engineer
(4) Grass shall have been seeded in the amount of 50--75 percent Kentucky bluegrass
and 25--50 percent perennial ryegrass, or other quick establishing crop to prevent
soil erosion.
(N) Infrastructure
The applicant may bring utilities a reasonable distance inside the property line of the
future park, as determined by the City Engineer, and shall cap them at no cost to the city.
Utilities shall include gas, storm sewer, water, electricity and sanitary sewer. The location
where such utilities are to be brought into the future park shall be determined by the City
Engineer
(O) Access
All land dedicated for parks shall have at least 50 feet of street frontage on at least one
side. All trails shall have at least 20 feet of access where the trail connects to a street or
sidewalk.
30
We have moved the standards for the FP-O District and WS-O District to the back of Article 3 to make Article 2
on the districts easier to understand and because these standards are not used as extensively as other standards such
as parking, landscaping, and subdivision.
the provisions of this section shall prevail. All other ordinances inconsistent with this
section are superseded by this section for flood plain management.
(D) This section does not imply that areas outside the floodplain districts or land uses
permitted within such subdistricts will be free from flooding or flood damages. This
section shall not create liability on the part of the city or any officer or employee thereof
for any flood damages that result from reliance on this section or any administrative
decision lawfully made thereunder.
3.12.4 Development Standards for the Floodway Subdistrict (FW)
(A) Permitted Uses
(1) Permitted uses shall include fences, parks, loading areas, parking areas, lawns,
gardens, play areas, trails, and buried utility transmission lines, subject to the
additional standards in this section.
(2) All other uses, including those permitted or conditionally permitted in underlying
base zoning districts, shall be prohibited.
(3) Standards for floodway permitted uses shall be as follows and as determined by
engineering studies required by the city as part of the application:
(a) The use shall have a low flood damage potential.
(b) The use shall be permissible in the underlying zoning district.
(c) The use shall not obstruct flood flows or increase flood elevations and shall
not involve structures, fill, obstructions, excavations or storage of materials
or equipment.
(B) Conditional Uses
Conditional uses shall include accessory structures, placement of fill, excavation, and/or
storage of materials or equipment related to the permitted uses in Section 3.12.4 (A),
Permitted Uses above and the uses listed below:
(a) Structural works for flood control such as levees, dikes, and floodwalls
constructed to any height where the intent is to protect individual structures
and levees or dikes where the intent is to protect agricultural crops for a
frequency flood event equal to or less than the 10-year frequency flood
event.
(b) Storage yards for equipment, machinery, and materials.
(c) Railroad, streets, bridges, pipelines, and above grade utility transmission
lines.
(d) Recreational vehicles on individual lots of record.
(C) Standards for Conditional Uses in the Floodway Subdistrict
(1) No structure (temporary or permanent), fill (including fill for roads and levees),
deposit, obstruction, storage of materials or equipment, or other uses may be
allowed as a conditional use that will cause any increase in the stage of the 100-
year or regional flood or cause an increase in flood damages in the reach or reaches
affected.
(2) All floodway conditional uses shall be subject to the procedures and standards
contained in this Section 3.12, District Development Standards for the FP-O
District, and Section 5.5.9, Conditional Use Permit.
(3) The conditional use shall be permissible in the underlying zoning district.
(4) Fill and all other similar materials deposited or stored in the flood plain shall be
protected from erosion by vegetative cover, mulching, riprap, or other acceptable
method.
(5) Accessory Structures
(a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures, if permitted, shall be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood
waters:
(i) Whenever possible, structures shall be constructed with the longitudinal
axis parallel to the direction of flood flow; and
(ii) So far as practicable, structures shall be placed approximately on the
same flood flow lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood proofed
in accordance with the FP-1 or FP-2 flood proofing classifications in the
State Building Code.
(d) As an alternative, an accessory structure may be flood proofed to the FP-3 or
FP-4 flood proofing classification in the State Building Code provided the
accessory structure constitutes a minimal investment, does not exceed 500
square feet in size at its largest projection, and for a detached garage, the
detached garage must be used solely for parking of vehicles and limited
storage. All flood proofed accessory structures must meet the following
additional standards:
(i) The structure must be adequately anchored to prevent flotation, collapse
or lateral movement of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls; and
(ii) Any mechanical and utility equipment in a structure must be elevated to
or above the regulatory flood protection elevation or properly flood
proofed; and
(iii) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the
structure having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding. There must be openings
on at least two sides of the structure and the bottom of all openings must
be no higher than one foot above the lowest adjacent grade to the
structure. Using human intervention to open a garage door prior to
flooding will not satisfy this requirement for automatic openings.
(6) Storage of Materials and Equipment
(a) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant life
is prohibited.
31
What board is this sentence in reference to and what limitations can they apply? This is in the current ordinance
and staff would like the City Attorney to review.
or storage of materials; and the location of the foregoing in relation to the stream
channel.
(2) Prior to granting a certificate of zoning compliance or processing an application for
a conditional use permit or variance, the City Planner shall determine that the
applicant has obtained all necessary state and federal permits.
(3) It shall be unlawful to use, occupy, or permit the use or occupancy of any building
or premises or part thereof hereafter created, erected, changed, converted, altered,
or enlarged in its use or structure until a certificate of zoning compliance is issued
by the City Planner stating that the use of the building or land conforms to the
requirements of this section.
(4) Permits, conditional use permits, or certificates of zoning compliance issued on the
basis of approved plans and applications authorize only the use, arrangement, and
construction set forth in such approved plans and applications, and no other use,
arrangement, or construction. Any use, arrangement, or construction at variance
with that authorized shall be deemed a violation of this section, and punishable as
provided by Section 4.8, Enforcement and Penalties.
(5) The applicant shall be required to submit certification by a registered professional
engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this
section. Flood proofing measures shall be certified by a registered professional
engineer or registered architect.
(6) The City Planner shall maintain a record of the elevation of the lowest floor
(including basement) of all new structures and alterations or additions to existing
structures in the flood plain. The City Planner shall also maintain a record of the
elevation to which structures or alterations and additions to structures are flood
proofed.
(7) The City Planner shall notify, in watercourse alteration situations, adjacent
communities (municipalities, townships, and counties) and the Commissioner of
the Department of Natural Resources in writing prior to the city authorizing any
alteration or relocation of a watercourse. If the applicant has applied for a permit to
work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G,
this shall suffice as adequate notice to the DNR Commissioner. A copy of said
notification shall also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
(8) As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the City Planner shall notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of said
technical or scientific data.
(C) Variances
Variances of the standards of this section may be heard by the ZBA but no variance shall
have the effect of permitting a lower degree of flood protection than the regulatory flood
protection elevation for the particular area, or permit standards lower than those required
by state law. The following additional variance criteria of the federal emergency
management agency must be satisfied:
(1) Variances shall not be issued by the city within any designated regulatory floodway
if any increase in flood levels during the base flood discharge would result.
32
Is there a statute or ordinance we can reference instead of the actual monetary amount? Staff has requested that the
City Attorney review this question.
(F) If a substantial improvement occurs (See definition in Article 6: Definitions.) from any
combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions
of an existing nonconforming building, then the building addition (as required by
paragraph (B) above and the existing nonconforming building must meet the
requirements of Section 3.12.4, Development Standards for the Floodway Subdistrict
(FW) or Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF) for
new structures, depending upon whether the structure is in the floodway or flood fringe
district, respectively.
3.12.12 Annexations
Flood plain land that will be annexed into Northfield shall be subject to the provisions of this
section upon annexation. Determination of the floodway and flood fringe within the general
flood plain shall be made as provided in Section 3.12.6 (B), Procedures for Floodway and
Flood Fringe Determinations within the General Flood Plain District.
3.12.13 Penalties for Violation of These Standards
(A) Violation of the provisions of this section or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection
with grants of variances or conditional uses) shall constitute a misdemeanor and shall be
punishable as defined by this Code and the law.
(B) Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not
limited to:
(1) In responding to a suspected ordinance violation, the City Planner may utilize the
full array of enforcement actions available including but not limited to prosecution
and fines, injunctions, after-the-fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial of flood insurance
availability to the guilty party. The city must act in good faith to enforce these
official controls and to correct ordinance violations to the extent possible so as not
to jeopardize its eligibility in the National Flood Insurance Program.
(2) When an ordinance violation is either discovered by or brought to the attention of
the City Planner, the City Planner shall immediately investigate the situation and
document the nature and extent of the violation of the official control. As soon as is
reasonably possible, this information will be submitted to the appropriate
Department of Natural Resources and Federal Emergency Management Agency
Regional Office along with the city's plan of action to correct the violation to the
degree possible.
(3) The City Planner shall notify the suspected party of the requirements of this section
and all other official controls and the nature and extent of the suspected violation of
these controls. If the structure and/or use is under construction or development, the
City Planner may order the construction or development immediately halted until a
proper flood development permit or approval is granted by the city, or may order it
removed if permits are denied. If the construction or development is already
completed, then the City Planner may either:
(a) Issue an order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance with the
official controls;
(3) Maximum building height: 35 feet, except buildings used primarily for agricultural
purposes where the maximum height shall be that of the underlying base zoning
district.
(4) The maximum total lot area covered by impervious surface shall be 30 percent.
This requirement applies only to the portion of the lot within the WS-O district.
(5) Septic tank and drainfield system setback from the ordinary high water mark: 150
feet.
(C) Where development exists on both sides of a proposed building site in the WS-O district,
structural setbacks may be altered to be equal to the average of the setbacks of the
development on both sides of the proposed building.
3.13.2 Vegetative Cutting
Cutting of vegetation in the WS-O zoning district shall be subject to the following:
(A) Natural vegetation in shoreland areas shall be preserved insofar as practicable and
reasonable in order to retard surface runoff and soil erosion, and to utilize excess
nutrients. The removal of natural vegetation shall be controlled by the this section in
accordance with the following criteria:
(1) Clearcutting shall be prohibited, except as necessary for placing public roads,
utilities, structures and parking areas.
(2) Natural vegetation shall be restored insofar as feasible after any construction
project.
(3) Selective cutting of trees and underbrush shall be allowed as long as sufficient
cover is left to screen motor vehicles and structures when viewed from the water.
(B) The cutting provisions in Section 3.13.2(A)(1) shall not be deemed to prevent the
following:
(1) The removal of diseased or insect infested trees, or of rotten or damaged trees that
present safety hazards.
(2) Pruning understory vegetation, shrubs, plants, bushes, grasses or harvesting crops
or cutting suppressed trees or trees less than four inches in diameter at a height of
four feet.
3.13.3 Clearcutting
Clearcutting anywhere in the designated WS-O district on the Cannon River is subject to the
following standards and criteria:
(A) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed
conditions are determined by the zoning authority to be fragile and subject to severe
erosion and/or sedimentation.
(B) Clearcutting shall be conducted only where clear-cut blocks, patches, or strips are, in all
cases, shaped and blended with the natural terrain.
(C) The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary.
(D) Where feasible all clear-cuts shall be conducted between September 15 and May 15. If
natural regeneration will not result in adequate vegetative cover, areas in which
clearcutting is conducted shall be replanted to prevent erosion and to maintain the
aesthetic quality of the area. Where feasible, replanting shall be performed in the same
spring, or the following spring.
Article 4: Administration
4.1 Purpose .................................................................................................................................. 203
4.2 General Provisions for all Administrative Bodies and Boards .............................................. 203
4.3 City Council .......................................................................................................................... 203
4.4 Planning Commission and Zoning Board of Appeals (ZBA)................................................ 204
4.5 Heritage Preservation Commission (HPC) ............................................................................ 205
4.6 City Planner and Code Enforcement Officer......................................................................... 206
4.7 Development Review Committee (DRC) .............................................................................. 207
4.8 Enforcement and Penalties .................................................................................................... 207
4.1 Purpose
The purpose of this article is to identify the authority of the review and decision-making bodies in the
development review procedures established within this Code. It also describes how the provisions of this
Code are to be enforced.
(E) To review and make decisions on preliminary plat, final plats, and accept related
improvements;
(F) To review and make decisions on annexation requests;
(G) To decline to follow a recommendation of Planning Commission provided that such
action is passed or approved by a majority vote of the full membership of the City
Council, and the Planning Commission is provided with a written response from the City
Council liaison to the Planning Commission detailing the reason for the Council decision
as provided in City Charter Section 3.2; and
(H) To modify or waive the payment of park dedication requirements as established in
Section 3.11.6, Park, Trails, and Open Space Dedication, upon application by the
property owner, or designated representative as provided for in this Code.
33
Someone commented that this list of roles conflicts with the city charter so staff will need to cross-check this list
of roles with the charter.
(A) To review and make decisions on appeals from administrative decisions including
decisions by the HPC on certificates of appropriateness34; and
(B) To review and make decisions on variance requests.
4.4.5 Bylaws
(A) The Planning Commission shall, by a majority vote of its entire membership, adopt
bylaws governing its procedures on such matters as officers, agendas, voting, order of
business, and related matters as it may consider necessary or advisable, provided such
bylaws are consistent with the provisions of this Code.
(B) If necessary, the Planning Commission may adopt separate by-laws for their function as
the ZBA if the bylaws need to be altered for the role of the ZBA.
34
This latter statement may be eliminated if legal review finds that a decision of the HPC is only appealable to court
or some other jurisdiction.
(D) The heritage preservation commission may recommend to the city the acceptance of gifts
and contributions to be made to the city and to assist the city staff in the preparation of
applications for grant funds to be made through the city for the purpose of heritage
preservation. Any contributions or gifts will be expended in the manner provided through
the city's fiscal policy.
(E) The HPC shall establish and monitor an archive policy that would encourage the
collection of all city planning and development records, documents, studies, models,
maps, plans and drawings. This may be entered into the public library historical archives
as a permanent record of city history and development.
(F) At the discretion of the HPC, public hearings may be initiated to solicit public input
regarding proposed activities to a heritage preservation site.
(B) Determine the existence of any violations of this Code, issue notifications, or initiate
other administrative or legal action as needed.
(D) The duties imposed on the City Planner shall not constitute a limitation on the power of
other enforcement officers of this city to make arrest or to institute prosecutions for
violations of this Code.
4.8.2 Violations and Penalties
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any
building or land in violation of any of the provisions of this Code, or any amendment or
supplement thereto adopted by the City Council. Any person, firm, corporation, or other legal
entity violating any of the provisions of this Code, or any amendment or supplement, shall be
guilty of a fourth degree misdemeanor (Minnesota Statutes Section 462.362). Upon conviction,
the person, firm, corporation, or other legal entity shall be fined not more than maximum
permitted by law. Any person, firm, corporation, or other legal entity that is convicted of
violating any of the provisions of this Code, having been previously convicted of violating any
of the provisions of this Code, or any amendment or supplement within two years of the offense
charged, shall be guilty of a fourth degree misdemeanor and fined not more than the maximum
permitted by law. Each and every day during which such illegal location, erection, construction,
reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a
separate offense.
4.8.3 Exemptions
(A) The city shall meet the requirements of this Code to the maximum extent possible.
(B) The city and other government entities carrying out a governmental function, activity, or
implementation of essential services may be exempt in whole or in part from this Code to
the extent permitted in state and federal law.
(C) Other governmental agencies that are exempt from the regulations of this Code, in whole
or in part, are encouraged to meet the requirements of this Code to the maximum extent
possible.
4.8.4 Remedies
(A) In case any building, is or is proposed to be used, in violation of this Code, or any
amendment or supplement, the City Council, City Administrator, City Attorney, City
Planner, or any person who would be specifically damaged by such violation may
institute appropriate action or proceedings to prevent such unlawful location, erection,
construction, reconstruction, alteration, conversion, maintenance or use. The action could
be 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.
(B) Nothing herein contained shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.
5.1 Purpose
The purpose of this Article is to establish standard decision-making procedures that will enable the city,
the applicant, and the public to reasonably review applications and participate in the local decision-
making process in a timely and effective way. This article outlines the criteria, procedures, and
information necessary to obtain development approvals from the city, including permit approval.
5.2 Applicability
5.2.1 All land use and development permit applications, except building permits, shall be decided by
using the procedures contained in this article.
5.2.2 There are six different types of procedural reviews with different variations on the review
bodies. These six procedures are defined in Section 5.4, Summary of Application and Review
Procedure Types.
5.2.3 All permits, certificates, and reviews specified in this Code are subject to one of the six review
types as illustrated in Table 5.4-1.
5.2.4 Specific procedures and decision criteria for each type of permit, certificate, and review are
contained in Section 5.5, Specific Development Review Procedure Requirements.
5.2.5 In addition to the requirements of this Code, certain development permit applications may be
subject to additional standards outside of this Code, including, but not limited to the following:
(A) The Surface Water Management Plan;
(B) The Comprehensive Sanitary Sewer Plan;
(C) The Comprehensive Water Plan;
(D) The Greater Northfield Area Greenway System Action Plan;
(E) The Natural Resources Inventory;
(F) The Parks, Open Space, and Trail System Plan; and
(G) The Comprehensive Transportation Plan Update.
(2) The owner of the property that is the subject of the application; or
(3) The owner’s authorized agent.
(B) When an authorized agent files an application under this Code on behalf of a property
owner, the property owner shall be required to sign the application.
(C) If the property subject to an application is under more than one ownership, all owners or
their authorized agents shall join in filing the application.
5.3.2 Application Submission Schedule
The schedule for the submission of applications in relation to scheduled meetings of the review
bodies shall be established by the City Planner and made available to the public.
5.3.3 Application Contents
(A) Applications required under this Code shall be submitted in a form and in such numbers
as established by the Planning Commission in a submittal list made available to the
public. From time to time, the Planning Commission may amend the submittal list with a
majority vote.
(B) Applications shall be accompanied by a fee as established by the City Council and
pursuant to Section 5.3.6, Fees.
(C) Application Certification by the City Planner
(1) The City Planner shall review and make decisions on the completeness of an
application as provided for in Minnesota Statutes §15.99, subd. 3.
(2) Incomplete applications shall be addressed as provided in Minnesota Statutes
§15.99, subd. 3.
(3) Any time limits established for a review procedure in this Code shall not begin
until the City Planner certifies that the application is complete.
5.3.4 Effect of Preapplication Meetings and Informal Meetings
Discussions that occur during a preapplication meeting or informal meetings with boards are
not binding on the city and do not constitute official assurances or representations by the city or
its officials regarding any aspects of the plan or application discussed.
5.3.5 Neighborhood Meetings35
(A) Where an applicant is required to facilitate a neighborhood meeting, such meeting shall
be held prior to submitting the application for the applicable procedure.
(B) The applicant shall provide appropriate notice to the neighborhood as described
established in the procedure, and include a vicinity map of the project, the purpose of the
neighborhood meeting, and the time, date, and location of the meeting within the notice;
(C) The applicant shall conduct the neighborhood meeting within proximity of the location of
the proposed development. If it is not possible to hold the meeting in proximity to the
location of the proposed development, due to a lack of public facilities, the meeting shall
be held in a nearby convenient location;
(D) The applicant shall provide the City Planner with a written summary or transcript of the
meeting as part of their application;
35
We have drafted these requirements in a manner to minimize the city involvement and therefore minimize an
applicant or the property owners perceiving that city staff has “taken a side.” Some communities do establish some
level of staff involvement but it should be very limited.
(E) The applicant shall identify, in writing, the changes made to the plans to address the
concerns of the neighboring property owners. Such information shall be required at the
time of the their application; and
(F) If an applicant fails to hold a neighborhood meeting or does not demonstrate a reasonable
effort was made in the notification of such meeting, such failure shall not stop or delay
the review process. However, such omission may be just cause for denial of the
application.
5.3.6 Fees
(A) Establishment of Fees
City Council shall establish by resolution a schedule of fees for all permits and
applications required by this Code. In so doing, the City Council shall consider the
recommendations of the City Planner with respect to actual administrative costs.
(B) Fees to be Paid
No application shall be processed or considered complete until the established fee has
been paid.
(C) Refund of Fees
Application fees are not refundable except where the City Planner determines that an
application was accepted in error, or the fee paid exceeds the amount due, in which case
the amount of the overpayment will be refunded to the applicant.
5.3.7 Decisions
All decisions shall be made in accordance with the Charter of the City of Northfield, city
ordinances, individual board’s bylaws, and state law. In cases of conflict, the provisions of the
city charter shall apply first followed by state law.
5.3.8 Public Notice
Applications for development review shall comply with the Minnesota Statute s Section
462.357, Subd. 3 and the provisions of this article with regard to public notification.
(A) Content
Notices for public hearings, whether by publication or mail (written notice), shall, at a
minimum:
(1) Identify the address or location of the property subject to the application and the
name, of the applicant or the applicant’s agent.
(2) Indicate the date, time, and place of the public hearing.
(3) Describe the land involved by street address, or by legal description and, if
applicable, the nearest cross street, and project area (size).
(4) Describe the nature, scope, and purpose of the application or proposal.
(5) Identify the location (e.g., the offices of the City Planner) where the public may
view the application and related documents.
(6) Include a statement that the public may appear at the public hearing, be heard, and
submit evidence and written comments with respect to the application.
(7) Include a statement describing where written comments will be received prior to
the public hearing.
(4) Procedures
(a) Preparation and Distribution
(i) If it is determined that an EAW shall be prepared, the proposer of the
project shall submit an application along with the completed data
portions of the EAW. The applicant shall agree in writing, as a part of
the application, to reimburse the city for all reasonable costs, including
legal and consultants’ fees, incurred in preparation and review of the
EAW.
(ii) Pursuant to Minnesota Rules 4410.1400, the City Planner, along with
other City staff as necessary, shall promptly review the submittal for
completeness and accuracy. If the City Planner determines that the
submittal is incomplete, the submittal shall be returned to the proposer
for completion of the missing data. If the City Planner determines that
the submittal is complete, the proposer shall be notified of the acceptance
of the submittal.
(iii) The City Planner shall distribute copies of the EAW to the EQB for
publication of the notice of availability of the EAW in the EQB Monitor.
Copies shall be distributed at the same time to the official EAW
distribution list maintained by the EQB staff. The City Planner shall
provide a press release to the city’s official newspaper, containing notice
of availability of the EAW for public review.
(b) Neighboring Property Owner Notification
Upon completion of the EAW for distribution, the City Planner shall provide
mailed notice of the availability of the EAW and the information about the
Planning Commission meeting where it will be heard to all property owners
within at least 350 feet of the boundaries of the property that is the subject of
the EAW. Said notice shall be mailed according to the requirements of this
section and Section 5.3.8, Public Notice.
(c) Review by Planning Commission
During the 30-day comment period that follows publication of the notice of
availability of the EAW in the EQB Monitor, the Planning Commission shall
review the EAW. The Commission shall make a recommendation to the City
Council regarding potential environmental impacts that may warrant further
investigation before the project is commenced and the need for an EIS on the
proposed project.
(d) Decision by City Council
The City Council shall make its decision on the need for an EIS for the
proposed project after the close of the comment period. The Council shall
base its decision on the need for an EIS and the proposed scope of an EIS on
the information gathered during the EAW process and on the comments
received on the EAW. Pursuant to Minnesota Rules 4410,1700, in deciding
whether a project has the potential for significant environmental effects, the
following factors shall be considered:
(i) Type, extent and reversibility of environmental effects.
(ii) Cumulative potential effects of related or anticipated future projects.
(iii) The extent to which the environmental effects are subject to mitigation
by ongoing public regulatory authority.
(iv) The extent to which environmental effects can be anticipated and
controlled as a result of other environmental studies undertaken by public
agencies or the project proposer, or of EISs previously prepared on
similar projects.
(e) After the City Council’s decision on the need for an EIS, notice shall be
provided to all persons on the EAW distribution list, to all persons who
commented in writing during the 30 days comment period, to the EQB staff
for publication of the decision in the EQB Monitor and to any person upon
written request.
(5) Mitigation Measures
Any measures for mitigating that are considered by the City Council in making
their EIS need decision may be incorporated as conditions for approval of
conditional use permits, variances, and/or site plan requests.
(D) Environmental Impact Statements (EISs)
(1) Purpose
The purpose of an EIS is to provide information for governmental units, the
proposer of the project and other persons to evaluate proposed projects which have
the potential for significant environmental effects, to consider alternatives to the
proposed projects and to explore methods for reducing adverse environmental
effects.
(2) Mandatory EISs
An EIS shall be prepared for any project that meets or exceeds the thresholds of
any of the EIS categories listed in Minnesota Rules 4410.4400, as may be
amended.
(3) Discretionary EISs
An EIS shall be prepared when the City Council determines that, based on the
EAW and any comments or additional information received during the EAW
comment period, the proposed project has the potential for significant
environmental effects, or when the City Council and/or the proposer of the project
agree that an EIS should be prepared.
(4) Procedures
(a) All projects requiring an EIS must have an EAW on file with the city, which
will be used to determine the scope of the EIS. All EISs shall be prepared
according to the procedures and requirements of the State Environmental
Review Program, Rules 4410.2100-4410.3000, as may be amended. The
costs of preparation of an EIS shall be assessed to the project proposer in
accordance with Minnesota Rules Parts 4410.6000 to 4100.6500, as may be
amended.
(b) Mitigation Measures. Any measures for mitigating that are considered by
the City Council in making their EIS need decision may be incorporated as
conditions for approval of conditional use permits, variances, and/or site plan
requests.
Recommendation
Decision Decision Decision Decision Decision
and Decision
Zoning Certificate
5.5.1 X X X
[1]
Temporary Use
5.5.2 X X
Permit
Construction
5.5.3 X [2]
Drawings
Flood Plain Permit 5.5.4 X
Amendment to the
5.5.5 X X
PD-O District
Site Plan Review 5.5.6 X
Heritage
Preservation Site 5.5.7 X (HPC)
Designation
Certificate of
5.5.8 X (HPC)
Appropriateness
Conditional Use
5.5.9 X
Permit
Administrative Lot
5.5.10 X
Line Adjustment
Minor Subdivision
and Lot 5.5.11 X
Consolidation
Major Subdivision –
5.5.12(B) X
Preliminary Plat
Major Subdivision -
5.5.12(D) X
Final Plat
Comprehensive Plan
5.5.13
Amendment
Zoning Map or Text
Amendments to this 5.5.14 X
Code
Annexation 5.5.15 X
Variance 5.5.16 X
Appeals 5.5.17 X
Code Interpretation 5.5.18 X
Notes:
[1] The type of review required for a zoning certificate is dependent on the size and scale of the project. Section 5.5.1, Zoning
Certificate, establishes the thresholds that will define what review type is applicable for a given application. In some cases, an
application for a zoning certificate may be subject to the site plan review procedure established in Section 5.5.6, Site Plan
Review.
[2] For construction drawings, the City Engineer shall have the authority to review and approve the submission instead of the
City Planner.
City Planner.), the City Planner shall transmit copies of the application to members
of the DRC for review and comment.
(2) After the DRC meeting, the City Planner shall provide the applicant with
comments and suggested changes. The applicant shall be required to submit revised
plans and documents incorporating the required changes.
(D) Action by the City Planner
(1) The City Planner shall render a decision to approve or deny an application in a
timely manner, as provided for in state law (See Section 15.99 of the Minnesota
Statutes).
(2) If approved, the City Planner shall issue a zoning certificate or letter of approval
depending on the specific application.
(3) If denied, the City Planner shall send a letter to the applicant listing the reasons for
the denial.
(4) The decision shall be final on the date it is mailed or otherwise provided to the
applicant, whichever occurs first.
(E) Appeal
The decision by the City Planner may be appealed to the ZBA within 10 days from the
date of the action appealed from in accordance with Section 5.5.17, Appeals.
5.4.5 Type 3 Procedure (Planning Commission/HPC Decision)36
Type 3 decisions are made by the Planning Commission at a public hearing with published and
mailed notice as required in Section 5.3.8, Public Notice.
(A) Preapplication Meeting
The applicant shall be required to meet with the City Planner prior to submitting an
application to discuss the proposal at a preapplication meeting unless such requirement is
waived by the City Planner. This meeting will provide the applicant an opportunity to
meet with the City Planner and other members of city staff who can provide initial
feedback regarding applicable standards and requirements.
(B) Neighborhood Meeting
At the discretion of the City Planner, the applicant may be required to meet with property
owners within 350 feet of the proposed property and/or any city recognized neighborhood
associations prior to submitting their application in order to solicit input and exchange
information about the proposed development. See Section 5.3.5, Neighborhood Meetings.
(C) Informal Review by Planning Commission
The applicant may request an informal meeting with the Planning Commission prior to
submitting an application. The purpose of the work session is to provide feedback to the
applicant regarding the proposal and to outline submittal requirements. At the applicant’s
request, the City Planner will place the informal proposal on the work session agenda.
(D) Application Submittal
The applicant shall submit an application in accordance with Section 5.3, Common
Development Review Requirements.
36
The City Attorney need to review this and discussion should be held about whether appeals of the PC or HPC
decisions should go to Council or directly to court.
(3) In rendering a decision, the Planning Commission shall also consider the applicable
decision criteria of this Code and shall approve, approve with conditions, or deny
an application.
(4) The Planning Commission’s decision shall take effect immediately.
(I) Appeal
The decision by the Planning Commission is appealable to the District Court of the
applicable county where the property is located within 30 days after receipt of notice of
the decision.
5.4.6 Type 4 Procedure (Planning Commission Recommendation and City Council Decision)
Type 4 decisions are made by City Council after a recommendation is made by the Planning
Commission at a public hearing. Type 4 decisions require both published and mailed notice as
required in Section 5.3.8, Public Notice.
(A) Preapplication Meeting
The applicant shall be required to meet with the City Planner prior to submitting an
application to discuss the proposal at a preapplication meeting unless such requirement is
waived by the City Planner. This meeting will provide the applicant an opportunity to
meet with the City Planner and other members of city staff who can provide initial
feedback regarding applicable standards and requirements.
(B) Neighborhood Meeting
(1) Major subdivisions that will create 50 or more lots shall be required to facilitate a
neighborhood meeting..
(2) Zoning map amendments that encompass more than 100 acres shall be required to
facilitate a neighborhood meeting.
(3) At the discretion of the City Planner, other applications for a Type 4 procedure may
be required to meet with property owners within 350 feet of the proposed property
and/or any city recognized neighborhood associations prior to submitting their
application in order to solicit input and exchange information about the proposed
development.
(4) See Section 5.3.5, Neighborhood Meetings.
(C) Informal Review by Planning Commission
The applicant may request an informal meeting with the Planning Commission prior to
submitting an application. The purpose of the work session is to provide feedback to the
applicant regarding the proposal and to outline submittal requirements. At the applicant’s
request, the City Planner will place the informal proposal on the work session agenda.
(D) Application Submittal
The applicant shall submit an application in accordance with Section 5.3, Common
Development Review Requirements.
(E) Review by the DRC
(1) At the City Planner’s discretion, the application may be forwarded to the DRC for
review after the City Planner certifies the application is complete (See Section
5.3.3(C), Application Certification by the City Planner.).
(2) If the DRC is asked to review an application, the committee shall review the
application and provide comments back to the City Planner.
(3) The City Planner shall provide the applicant with comments and suggested
changes. The applicant shall be required to submit revised plans and documents
incorporating the required changes.
(F) Public Hearing and Notice by City Planner
After determining that an application contains all the Preapplication
necessary and required information (See Section Meeting
5.3.3(C), Application Certification by the City
Planner.), the City Planner shall place the application
on the Planning Commission agenda, schedule a public Neighborhood Meeting
hearing on the proposed request, and notify the public (if required)
pursuant to Section 5.3.8, Public Notice.
(G) Preparation of Staff Report
Informal Meeting with
(1) The City Planner shall prepare a staff report the Planning
providing an analysis of the proposal and a Commission
recommendation. The City Planner shall (if requested)
consider comments from the DRC in
formulating its recommendation.
(2)
A written staff report shall be forwarded to Submission of
Planning Commission and the contact person Application
listed on the application form at least three days
prior to the meeting at which the board will
consider the application.
Review and Comment
(H) Recommendation by Planning Commission by the DRC
(1) The Planning Commission shall consider the
application at its formal public hearing. It shall
consider comments by staff as appropriate, a Application
presentation by the applicant, and comments by Certification
interested parties.
(2) The Planning Commission shall consider this
information and make a recommendation at the
Public Notice and Staff
public hearing. If necessary, the Planning
Report
Commission can table and continue hearing the
application in accordance with Section 15.99 of
the Minnesota Statutes, at which time it shall
make a recommendation. Review and
Recommendation by
(3) In making a recommendation, the Planning the Planning
Commission shall also consider the applicable Commission
decision criteria of this Code and shall approve,
approve with conditions (where allowed by law),
or deny an application.
City Council Review
(I) Action by City Council and Decision
(1) After the Planning Commission’s
recommendation is made, City Council shall
approve the request, deny the request, or approve
with conditions (where allowed by law). Type 4 Procedure
(2) The City Council may adopt by a two-thirds vote
of all members of the Council amendments to this article, the zoning map, in
relation both to land uses within a particular district or to the location of the district
line.
(3) The City Council shall adopt findings and shall act upon the application in
accordance with Section 15.99 of the Minnesota Statutes.
(J) Expedited Review
(1) Zoning map amendment applications that involve the rezoning of land to a floating
zoning district may be reviewed in an expedited manner where the City Council
and Planning Commission hold a joint public meeting to review the application.
(2)
At such meeting, the Planning Commission shall hold its required public hearing
followed by the review and decision by City Council.
(K) Appeals
The decision of City Council may be appealed to the court having jurisdiction within the
time limits established by state or federal law.
5.4.7 Type 5 Procedure (Decision by City Council with No Review by Planning Commission)
Type 5 decisions are made by the City Council at a meeting open to the public that requires
published noticed but no mailed notice.
(A) Application Submittal
For minor subdivision and major subdivision final plat Submission of
review, the applicant shall submit an application in Application
accordance with Section 5.3, Common Development
Review Requirements.
(B) Review by the DRC Review and Comment
(1) At the City Planner’s discretion, the application by the DRC
may be forwarded to the DRC for review after
the City Planner certifies the application is
complete (See Section 5.3.3(C), Application Application
Certification by the City Planner.). Certification
(2) If the DRC is asked to review an application, the
committee shall review the application and
provide comments back to the City Planner.
Public Notice and Staff
(3) The City Planner shall provide the applicant with Report
comments and suggested changes. The applicant
shall be required to submit revised plans and
documents incorporating the required changes. City Council Review
(C) Preparation of Staff Report and Decision
(2) A written staff report shall be forwarded to City Council, and the contact person
listed on the application form, at least three days prior to the meeting at which the
City Council will consider the application.
(D) Action by City Council
(1) After the application is certified complete, City Council shall approve the request,
deny the request, or approve with conditions.
(2) The City Council shall adopt findings and shall act upon the application in
accordance with Section 15.99 of the Minnesota Statutes.
(E) Appeals
The decision of City Council may be appealed to the court having jurisdiction within the
time limits established by state or federal law.
5.4.8 Type 6 Procedure (Quasi-Judicial Decision by the ZBA)
Type 6 decisions are made by the ZBA after a public hearing.
(A) Application Submittal
The applicant shall submit an application in accordance Submission of
with Section 5.3, Common Development Review Application
Requirements.
(B) Review by the DRC
Review and Comment
(1) At the City Planner’s discretion, the application
by the DRC
may be forwarded to the DRC for review after the
City Planner certifies the application is complete
(See Section 5.3.3(C), Application Certification
by the City Planner.). Application
Certification
(2) If the DRC is asked to review an application, the
committee shall review the application and
provide comments back to the City Planner.
(3) The City Planner shall provide the applicant with Public Notice and Staff
comments and suggested changes. The applicant Report
shall be required to submit revised plans and
documents incorporating the required changes.
ZBA Review and
(C) Public Hearing and Notice by City Planner Decision
After determining that an application contains all the
necessary and required information (See Section 5.3.8,
Public Notice.), the City Planner shall place the
application on the ZBA agenda, schedule a public Type 6 Procedure
hearing on the proposed request, and notify the public
according to published and written mailed notice procedures..
(D) Preparation of Staff Report
(1) The City Planner shall prepare a staff report providing an analysis of the proposal
and a recommendation. The City Planner shall consider comments from the DRC
in formulating its recommendation.
(2) A written staff report shall be forwarded to ZBA and the contact person listed on
the application form, at least three days prior to the meeting at which the board will
consider the application.
(3) In the case of appeals, the City Planner shall forward all records related to the
appealed decision as part of a staff report and a summary of their findings in the
making of the original decision that is being appealed.
(E) Zoning Board of Appeals Hearing and Decision
The ZBA shall review the application and decide that the request be granted as requested;
be granted as modified by ZBA; or be denied. The ZBA shall indicate the specific
reasons(s) for its decision.
(F) Appeals
All decisions by the ZBA from any administrative order, requirement, decision or
determination shall be final, except that any aggrieved person or any department, board
or commission of the city may have such decision reviewed in the applicable District
Court, subject to the provisions of Minnesota Statutes Section 462.361.
(E) Expiration
(1) A zoning certificate shall become void after one year from the date of issuance
unless construction has begun. If no construction has begun, or the use has changed
within one year of the date of the zoning certificate, a new application and
certificate shall be required. Construction is deemed to begin when all necessary
excavation and piers or footings of one or more principal buildings included in the
plan have been completed.
(2) Extensions may be granted if a modified timeline is requested and approved as part
of the development review.
5.5.2 Temporary Use Permit
(A) Applicability
A temporary use permit may be issued for the following reasons:
(1) To allow a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction.
(2) To allow a use that is presently judged acceptable by the City Council, but that
with anticipated development or redevelopment, will not be acceptable in the future
or will be replaced in the future by a permitted or conditional use allowed within
the respective district.
(3) To allow a use that is reflective of an anticipated long range change to an area and
which is in compliance with the comprehensive plan provided that said use
maintains harmony and compatibility with surrounding uses.
(B) Approval Procedure
Temporary use permits shall be subject to the Type 1 review procedure as established in
Section 5.4.3, Type 1 Procedure (City Planner Decision without DRC Review).
(C) Approval Criteria
The following criteria shall be considered in the review of sign permit applications:
(1) The use is allowed as a temporary use in the respective zoning district and complies
will all of the applicable standards of Section 2.11, Temporary Uses and Structures.
(2) The date or event that will terminate the use can be identified with certainty.
(3) The use will not impose additional unreasonable costs on the public.
(D) Termination
A temporary use shall terminate on the happening of any of the following events,
whichever occurs first:
(1) The expiration date stated in the permit.
(2) Upon violation of conditions under which the permit was issued.
(3) Upon change in the city’s Land Development Code which renders the use
nonconforming.
(4) The redevelopment of the use and property upon which it is located to a permitted
or conditional use as allowed within the respective zoning district.
(5) Noncompliance with the removal of the temporary use would make the property
owners subject to the penalties listed in Section 4.8, Enforcement and Penalties.
37
Is there a statute or ordinance we can reference instead of the actual monetary amount? Staff has requested the
City Attorney review this question.
(d) City Council shall adopt findings in support of any decision to designate a
heritage preservation site.
(e) The decision of City Council shall be made in the form of a resolution.
(C) Approval Criteria
The following criteria shall be considered in the review of applications for heritage
preservation site designation:
(1) The quality of significance in American history, architecture, archeology,
engineering, and culture is present in districts, sites, buildings, structures, and
objects that possess integrity of location, design, setting, materials, workmanship,
feeling, and association; and
(2) That are associated with events that have made a significant contribution to the
broad patterns of our history; or
(3) That are associated with the lives of persons significant in our past; or
(4) That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose components
may lack individual distinction; or
(5) That have yielded, or may be likely to yield, information important in prehistory or
history; or
(6) That have a unique location or singular physical characteristics representing
established and familiar aspects of a view, vista, site, area or district in the city.
(D) Acquisition of Property
The HPC may recommend to the City Council that certain property eligible for
designation as a heritage preservation site be acquired by gift, by negotiation, or other
legal means as provided in applicable state statutes.
5.5.8 Certificate of Appropriateness
(A) Applicability
Unless otherwise exempted in Section 4.8.3, Exemptions, no zoning certificate or
building permit for construction, alteration or rehabilitation, moving, or demolition of a
building or structure shall be issued by the until the project has been submitted to, and
received approval of a certificate of appropriateness from the HPC.
(B) Exemption
Building permits for work (electrical, interior structural, etc.) on the interior of the
structure shall be exempt from the provisions of this section provided that the work for
which the building permit is requested will not alter the external appearance or the gross
floor area of the structure.
(C) Approval Procedure
Certificates of appropriateness shall be subject to the Type 3 review procedure as
established in Section 5.4.5, Type 3 Procedure (Planning Commission/HPC Decision),
except that the HPC shall be responsible for review instead of the Planning Commission.
38
This is just an example of some of the standards where the alternative equivalent compliance could be applied.
The city can add or remove various standards where they want to allow some flexibility.
39
This internal procedure only applies to applications for a certificate of appropriateness and allows an applicant to
provide an alternative to meeting a specified development standard that, the HPC can approve if the proposed
alternative meets or exceeds the intent of the original standard. For example, if screening is required for loading
areas and the applicant can demonstrate a better alternative that what is required by this Code, then HPC can
approve such alternative.
(1) The lot line adjustment will not create any new nonconformities beyond those that
exist prior to the application and which will not be corrected by the adjustment; and
(2) The lot line adjustment is in compliance with the requirements of this Code.
5.5.11 Minor Subdivision or Lot Consolidation
(A) Applicability
A minor subdivision is a lot split, lot division, or lot consolidation that meets the
following requirements:
(1) The subdivision or consolidation shall not result in or create more than three
parcels, including the remainder of the original parcel;
(2) The subdivision or consolidation does not require a plat or replat;
(3) All parcels resulting from the minor subdivision or lot consolidation shall have
frontage and access on an existing improved street and shall not require the
construction of any new street; and
(4) Any such subdivision or consolidation shall not require any public improvements
or the dedication of rights-of-way.
(5) This procedure may also be used with the consolidation of two lots provided the
new lot meets the site development standards of the applicable zoning district.
(B) Approval Procedure
(1) Minor subdivisions and lot consolidations shall be subject to the Type 2 review
procedure as established in Section 5.4.7, Type 5 Procedure (Decision by City
Council with No Review by Planning Commission).
(2) In addition to the review procedure set forth above, all minor subdivision or lot
consolidation applications shall be submitted to the state and county highway
departments (if adjacent to a state or county highway) prior to submission of an
application. A comment letter from these entities shall be required as part of the
application.
(C) Approval Criteria
The following criteria shall be considered in the review of minor subdivisions and lot
consolidations:
(1) The subdivision or consolidation is in general compliance with the comprehensive
plan.
(2) The subdivision or consolidation meets the purpose and intent of this Code.
(3) Unless prior or concurrent approval of a variance is granted, any such minor
subdivision or consolidation shall result in lots that meet the minimum dimensional
requirements for the zoning district in which the property is located, or shall not
further increase the nonconformity of any lot dimension.
(4) Unless prior or concurrent approval of a variance is granted, any such minor
subdivision or consolidation shall not cause any structure on the property to be
made nonconforming or to be in violation of this Code or any other provisions of
the city code.
(5) The resulting parcels shall generally conform with the shape, character, and area of
existing or anticipated land subdivisions in the surrounding areas.
(6) Any such subdivision or lot consolidation shall not result in legal descriptions that
are unduly complex.
(7) The subdivider shall provide easements as may be required by this Code.
(8) The subdivider shall comply with the park dedication, tree preservation, and
wetland buffer regulations, as required for a major subdivision.
5.5.12 Major Subdivision
(A) Applicability
Subdivision applications that do not meet the definition of a minor subdivision (See
Section 5.5.11, Minor Subdivision or Lot Consolidation.), shall be subject to review as a
major subdivision. The review of major subdivisions is divided into three distinct steps:
preliminary plat approval, construction drawing approval, and final plat approval.
(B) Preliminary Plat
(1) Approval Procedure
(a) Preliminary plats shall be subject to the Type 4 review procedure as
established in Section 5.4.6, Type 4 Procedure (Planning Commission
Recommendation and City Council Decision).
(b) In addition to the review procedure set forth above, all major subdivision,
preliminary plat applications, shall be submitted to the Park and Recreation
Advisory Board and the state and county highway departments (if adjacent to
a state or county highway) prior to submission of an application. A comment
letter from these entities shall be required as part of the preliminary plat
submission.
(2) Approval Criteria
The Planning Commission and City Council shall consider the following in the
review of a preliminary plat:
(a) That the proposed subdivision is in full compliance with the provisions of
this Code;
(b) The proposed subdivision is in accordance with the general objectives, or
with any specific objective, of the city’s comprehensive plan, capital
improvements program, or other city policy or regulation;
(c) That the physical characteristics of the site, including but not limited to
topography, vegetation, susceptibility to erosion and sedimentation,
susceptibility to flooding, water storage, and retention, are such that the site
is suitable for the type of development or use contemplated;
(d) That the site is physically suitable for the intensity or type of development or
use contemplated;
(e) That the design of the subdivision or the proposed improvements is not likely
to cause substantial and irreversible environmental damage;
(f) That the design of the subdivision or the type of improvements will not be
detrimental to the health, safety, or general welfare of the public; and
(g) That the design of the subdivision or the type of improvement will not
conflict with easements on record or with easements established by judgment
of a court.
(3) Effect of City Council’s Decision
(a) No grading, construction, or other development activities shall take place on
the site until the final plat and development agreement are approved by City
Council.
(b) For one year following preliminary plat approval, unless the subdivider and
city agree otherwise, no amendment to the comprehensive plan or other
official controls shall apply to or affect the use, development density, lot
size, or lot layout that was approved.
(4) Expiration of Preliminary Plat Approval
(a) Unless the City Council specifically approves a different time period as part
of the preliminary plat approval, the approval of a preliminary plat shall
expire one year from the date it was approved, unless the applicant has filed
a complete application for approval of a final plat; or
(b) The applicant may request an extension of the expiration date if they submit
a written request for an extension thereof to the City Planner. Such request
for an extension shall include the following: 1) an explanation for why a final
plat has not been applied for, 2) what, if any, good faith efforts have been
made to complete the platting process, and 3) the anticipated completion
date. The City Planner may approve up to two such extensions of not more
than one additional year per extension.
(5) Appeals
Appeals of a decision made by the City Council shall be made to the court having
jurisdiction.
(C) Construction Drawing Approval
Construction drawings shall be submitted and approved as established in Section 5.5.3,
Construction Drawings, at the time of the final plat submission.
(D) Final Plat
(1) Approval Procedure
(a) Final plats shall be subject to the Type 5 review procedure as established in
Section 5.4.7, Type 5 Procedure (Decision by City Council with No Review
by Planning Commission).
(b) Approval of a final plat and any related development agreement shall require
passage by a majority vote of the City Council. The Council may require
such revisions in the final plat as it deems necessary for the health, safety,
general welfare and convenience of the city.
(c) If a final plat is denied by the City Council, the reasons for such action shall
be recorded in the Council proceedings and transmitted to the applicant.
(2) Approval Criteria
The City Council shall consider the following in the review of a final plat:
(a) Construction drawings have been reviewed and approved by the City
Engineer;
(b) A development agreement has been prepared and submitted as part of the
final plat application;
(c) The final plat is in substantial compliance with the approved preliminary plat
and any conditions on the preliminary plat approval; and
(d) The final plat complies with all other applicable standards in this Code and
state law.
(3) Appeals
Appeals of a decision made by the City Council shall be made to the court having
jurisdiction.
(4) Recording of the Final Plat
If the final plat is approved and signed by the Mayor and City Clerk , the
subdivider shall record the final plat with the appropriate County Recorder. No
changes, erasures, modifications or revisions shall be made in any final plat after
approval has been given by the City Council and endorsed by the Mayor and City
Clerk in writing on the plat.
(5) Expiration of Final Plat Approval
(a) Unless the City Council specifically approves a different time period, the
approval of a final plat shall expire one year from the date it was approved,
unless the applicant has recorded the final plat with the appropriate County;
or, unless before expiration of the one year period, the applicant submits a
written request for an extension thereof. Such request for an extension shall
include the following: 1) an explanation for why a final plat has not been
filed, 2) what, if any, good faith efforts have been made to complete the
platting process, and 3) the anticipated completion date.
(b) The City Council may approve one such extension for a term not to exceed
one additional year.
5.5.13 Comprehensive Plan Amendment
(A) Applicability
(1) This section outlines the procedural requirements for the amendment of the
Northfield Comprehensive Plan.
(2) An amendment of the text of this Code or the official zoning may be initiated by
the Planning Commission or City Council or proposed by the City Planner.
(3) A resident of Northfield or property owner of land within the City of Northfield
may submit a request to amend the comprehensive plan as follows:
(a) The request to amend the comprehensive plan shall be submitted to the City
Planner who will place it on the next agenda of the Planning Commission.
(b) The Planning Commission will consider the request, based on the criteria in
Section 5.5.13(C), Approval Criteria and make one of the following
decisions:
(i) To initiate the requested comprehensive plan amendment;
40
We will need to have legal counsel review for proper terminology, particularly if there is a distinction between
“orderly annexation” and “annexation by ordinance” that we need to define in these articles.
41
Another legal question is whether staff may have the authority to allow some minimal dimensional variances to
accommodate the Americans with Disabilities Act?
42
This should get legal review. I am not sure about Minnesota law but we have run into case law in other states
where, regardless if the Planning Commission’s or HPC’s decision is administrative, the appeal is to the court
system.
(4) Procedure
(a) Initial code interpretations shall be subject to the Type 1 review procedure as
established in Section 5.4.3, Type 1 Procedure (City Planner Decision
without DRC Review)
(b) If the City Planner decides to forward the request to the ZBA for
interpretation, such review shall be subject to a Type 6 review procedure as
established in Section 5.4.8, Type 6 Procedure (Quasi-Judicial Decision by
the ZBA)..
(5) Appeals
(a) The applicant and any party who received notice or who participated in the
proceedings through the submission of written or oral evidence may appeal
the decision of the City Planner to the ZBA citing the procedure outlined in
Section 5.5.17, Appeals. The appeal must be filed within 10 working days
after the interpretation was mailed or delivered to the applicant.
(b) Appeals of an interpretation rendered by the ZBA shall be appealable to the
court having jurisdiction.
(C) Interpretations on File
The City shall keep on file a record of all code interpretations.
6.2 Definitions
Abutting or Adjacent
The land, lot, or property adjoining the property in question along a lot line or separated only by an alley,
easement, or street.
Accessory Structure
An subordinate building or other subordinate structure including but not limited to garages, sheds, storage
structures, or swimming pools, the use of which is clearly subordinate to the use of the principal building
Alley
A public or private right-of-way, usually 20 feet or less in width, which normally affords a secondary
means of vehicular access to abutting property.
Antenna
Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or
reception of electromagnetic waves when such system is either external to or attached to the exterior of a
structure.
Antenna, Ground-Mounted
Any antenna with its base, single or multiple posts, placed directly on the ground or a mast less than ten
feet tall and six inches in diameter.
Appeal
A request for review of an administrative interpretation or decision made in relation to this Code.
Applicant
Unless otherwise specified, an owner or an agent for the owner, including, a subdivider, developer,
attorney, or similar representative, who has filed an application for development review pursuant to
Article 5: Development Procedures.
Application
The process by which the owner, or their agent, of a parcel of land within the city submits a request for
any type of development review or approval identified in Article 5: Development Procedures.
Applications include all written documentation, verbal statements, and representations, in whatever forms
and quantities as required by the city.
Base
The structural elements, design features, and materials associated with the first floor elevation of a
building façade.
Base Flood
The flood having a one percent chance of being equaled or exceed in any given year.
Basement
A portion of a building located partly underground but having half or more of its floor-to-ceiling height
below the average grade of the adjoining ground.
Block
The enclosed area within the perimeter of roads, property lines or boundaries of the subdivision, including
both the pavement and the boulevard.
Body
The remainder of the building visible between the building base and cap.
Buffer
An area of natural or planted vegetation adjoining or surrounding a land use and unoccupied in its entirety
by any building structure, paving or portion of such land use, for the purposes of separating, screening,
and softening the effects of the land use, no part of which buffer is used for active recreation or parking,
or interior access drives. A buffer may include a wall, fence, or berm as provided in accordance with the
provisions of Section 3.6, Landscape, Screening, and Buffering Standards.
Building
A structure, of more or less permanent construction, having a roof and intended to be used for sheltering
people, animals, property, or business activity.
Building Height
The vertical distance of a building as measured in accordance with Section 3.1.6, Height Measurement,
Limits, and Exceptions.
Building, Accessory
See definition for “Accessory Structure.”
Building, Principal
A building that is the primary use of the lot.
Build-to-Line
A build-to line specifies the required location of a new structure in relation to the street frontages of a site,
so that a proposed building will effectively assist in shaping the public space of streets, to enhance the
comfort and convenience of the pedestrian experience.
Cap
The structural elements, design features, and materials associated with the top floor elevation of a
building façade.
Certificate of Appropriateness
That document provided by the HPC that which evidences approval of activities proposed for a heritage
preservation site.
City Attorney
The attorney employed by the city unless otherwise stated.
City Council
The City Council of the City of Northfield
City Engineer
The registered engineer employed by the city to manage the engineering department.
City Planner
The staff person at the City of Northfield who has the primary responsibility for administering
the duties of the this Code.
Clearcutting
The entire removal of a stand of vegetation.
Clinic means a building, or part of a building, where persons are cared for on an outpatient basis.
Commercial Message
Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls
attention to a business, product, service or other commercial activity.
Comprehensive Plan
The Comprehensive Plan of Northfield, Minnesota adopted on <>.
County
Rice County and/or Dakota County, Minnesota
Cul-De-Sac
A street with a single means of ingress/egress and having a turnaround at the terminus.
dB
Abbreviation for decibel.
DBH
Diameter-at-breast-height. DBH is used to measure the caliper of a tree trunk at the specific height of 4.5
feet above the ground.
Decibel
The unit of measurement for the loudness of a sound.
Deciduous Tree
Generally, a tree that loses all of its leaves for part of the year. Sometimes called a broad-leaf tree or a
hardwood tree.
Deck
An accessory use of the principal structure, intended for use during the summer months, but does not
include a roof and/or walls.
Density
The number of dwelling units per gross acre of land. Gross density shall be the total number of dwelling
units as divided by the gross area of a site (including public right-of-way, easements, etc.). Net density
shall be the total number of dwelling units divided by the gross area of the site minus any land used for
easements and/or rights-of-way.
Development
Any manmade change to improved or unimproved land, including but not limited to the construction of
buildings or other structure, mining, dredging, filing, grading, paving, excavation, or drilling.
Development Agreement
A contract entered into between the City Council and a subdivider related to subdivisions and related
improvements as outlined in Section 3.10.4, Development Agreement Required.
DNR
The Minnesota Department of Natural Resources
DNR Commissioner
The Minnesota Department of Natural Resources Commissioner.
Drainage Course
A watercourse or indenture for the drainage of surface water.
Drip Line
The circle which would exist if you drew a line below the tips of the outer most branches of a tree or
plant.
Driveway
A private way, other than a street or alley, that provides access to one lot of record for the use of vehicles
and pedestrians.
Dwelling
A building or portion thereof designed or used for residential occupancy, but not including hotels, motels,
bed and breakfasts, or dormitories.
Dwelling Unit
A single unit of one or more rooms providing complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping, eating, cooking, and sanitation but not
including a tent, cabin, hotel, motel, recreational vehicle, or other temporary or transient structure or
facility.
Easement
A grant by an owner of land for a specific use by a person other than the owner. An easement may be
granted for the purpose of contributing and maintaining walkways, roadways, utilities, and other uses.
Encroachment
The advancement of a structure or part of a structure beyond the permitted property line setback
established by the zoning district.
Equipment Shelter
An enclosed structure, cabinet, shed or box at the base of the mount, or close to the base of the mount,
where batteries, electrical equipment and other appurtenant nonhazardous components or materials may
be housed.
Evergreen Tree
A tree that remains green throughout the year with an expected height of at least 40’.
Façade
The exterior wall on the front, side, or rear elevation of the building regardless of whether the building
side faces a street.
Fall Zone
The area on the ground within a prescribed radius from the base of a WET. The fall zone is the area
within which there is a potential hazard from falling debris (such as ice) and, in the case of towers, shall
not be less than a radius equal in distance to the total height of the WET. The area within the fall zone
shall be under the legal care, custody and control of the WET applicant. Applicants who own contiguous
parcels of land that will be included within the fall zone must file ANR applications to relocate any
property lines within the fall zone.
Fence
An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or
combination of materials erected to enclose, screen, or separate areas.
Final Plat
The final map, drawing, or chart on which the subdivider's plan of subdivision is presented to the City
Council for approval and which, if approved, will be submitted to the County Recorder.
Flag
Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
Flood
A general and temporary condition of partial or complete inundation of normally dry land areas from the
overflow of inland waters or the unusual and rapid accumulations or runoff of surface waters from any
source.
Flood Fringe
Those portions of the flood plain, other than the floodway, which can be filled or otherwise obstructed
without causing substantially higher flood levels or flow velocities.
Flood Plain
The land area susceptible to inundation by water as a result of a flood and for the purposes of this Code
shall mean the 100-year and 500-year floodplain as determined by the Federal Emergency Management
Agency.
Flood Proofing
A combination of structural provisions, changes, or adjustments to properties and structures subject to
flooding, primarily for the reduction or elimination of flood damages.
Floodway
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height.
Footcandle
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source
of one standard candle
Footprint
The area of a building measured from the exterior surface of the exterior walls at grade level. Where a
building is elevated above grade level.
Frontage, Building
The length of an enclosed building facing a public or private street. When a business does not front a
public right-of-way the City Planner shall designate the building frontage. In structures with more than
one business, the frontage of each business shall be calculated separately in determining its sign area. See
Figure 6-1.
Frontage, Street
The distance for which the front boundary line of the lot and the street line are coincident. See Figure 6-1.
Garage
An accessory building primarily intended for and used for the enclosed storage or shelter of private motor
vehicles of the owner or occupant of the principal building.
Grass
A species of perennial grass grown as permanent lawns or for landscape purposes
Ground Cover
A plant growing less than two feet in height at maturity that is grown for ornamental purposes. Ground
covers are used as an alternative to grasses. On slopes, ground covers control erosion while eliminating
the maintenance of mowing on hillsides. Ground covers also provide permanent covering of open ground
to prevent erosion and/or create visual appeal.
Home Business
A business, occupation, or profession for financial gain or profit that is incidental to and carried on
entirely within a dwelling unit located on a lot, exclusive of attached garage or patio areas, by resident
occupants of the dwelling unit and which occupation is clearly incidental to and accessory to the
residential use of the property.
Housekeeping Unit
One or more persons occupying a dwelling unit and living as a single group, and doing their own cooking
on the premises as distinguished from a group occupying a bed and breakfast establishment, hotel, or
motel.
HPC
The City of Northfield Historic Preservation Commission.
Hub (WET)
The center of the rotor, that is part of a WET, to which the blades are attached.
Impervious Surface
Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited
to buildings, roofs, parking and driveways, sidewalks, and pavement.
Improvements
The grading, draining, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks,
street signs, street lights, parks, monuments and the appropriate appurtenances required to render land
suitable for the use proposed.
Landscaping
The improvement of a lot, parcel, tract of land, or portion thereof, with grass, shrubs, and trees.
Landscaping may include pedestrian walks, flower beds, trees, shrubs, and ornamental objects such as
fountains, statuary, and other similar natural and artificial objects.
Lattice Tower
A self-supporting support structure, erected on the ground, which consists of metal crossed strips or bars
to support antennas and related equipment.
Light, Cutoff
An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal
line parallel to the ground as regulated and illustrated in Section 12.8 (Outdoor Lighting).
Light, Non-Cutoff
An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line
parallel to the ground as regulated and illustrated in Section 12.8 (Outdoor Lighting).
Loading Area
An off-street space or berth for the loading or unloading of freight carriers on the same lot as the structure
they serve.
Lot
A parcel of land designated by metes and bounds, plat, registered land survey, auditor's plot, or other
accepted means and separated from other parcels or portions by the description for the purpose of sale,
lease, or separation thereof.
Lot Area
The total area within the lot lines, excluding dedicated public rights-of-way.
Lot Coverage
That portion of a lot that is covered by the principal and accessory building, structures, and surfaces that
prevent the passage or absorption of stormwater including paving, driveways, and other impervious
surfaces.
Lot Depth
The mean horizontal distance between the front lot line and the rear lot line of a lot.
Lot Line
A line of record bounding a lot that divides one lot from another lot, a public right-of-way or any other
public or private space. Lot line may also be called a “property line.”
Lot of Record
Any lot which is one unit of a plat designated by metes and bounds, registered land survey, auditor's plot,
or other accepted means and separated from other parcels or portions of the description for the purpose of
sale, lease or separation thereof that has been recorded in the office of the County Recorder prior to the
effective date of the Code.
Lot Width
The horizontal distance between the side lot lines as measured in accordance with Section 3.1.4, Lot
Width Measurements. See Figure 6-2.
Lot, Corner
A lot abutting upon 2 or more streets at their intersection or upon two parts of the same street, and in
either case forming an interior angle of less than 135 degrees. See Figure 6-2.
Lot, Interior
A lot that has a single street frontage, a rear lot line, and at least two side lot lines. See Figure 6-2.
Lowest Floor
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement
area, is not considered a building's lowest floor.
Luminarie
A complete lighting unit consisting of one or more lamps, together with the components designed to
distribute the light, to position and protect the lamps, and to connect the lamps to the electrical power
supply; also called the lighting fixture. Luminarie shall not include the light pole used to support the
luminarie.
Manufactured Home
A dwelling unit generally defined as a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include the term "recreational vehicle."
Manufactured home shall be as specifically defined in Minnesota Statutes 327.31, subd. 6.
Menu Board
Any signage pertaining to items, goods, or services offered by a drive-through business.
Mobile Home
See definition of “Manufactured Home.”
Monopole
A wireless communication facility which consists of a monopolar structure, erected on the ground to
support wireless communication antennas and connecting appurtenances.
Noncommercial Message
A message on the sign that is not classified as a commercial message.
Nonconformity
Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time
of enactment of this ordinance or its amendments, which do not conform to the regulations of the
applicable zoning district, and are therefore incompatible.
Obstruction
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change
the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
Open Space
Open areas, including parks, nature areas, playgrounds, and trails. This does not include holding ponds,
streets, driveways, or parking areas.
Ornamental Shrub
A deciduous shrub with visual appeal through flowers, fruit, leaf color, or fall colors.
Ornamental Tree
A small to medium tree with a expected height of 20 feet at maturity and that is planted for aesthetic
purposes such as colorful flowers, interesting bark, or fall foliage.
Outdoor Lighting
Any source of light that is installed or mounted outside of an enclosed building or structure, but not
including streetlights installed or maintained along public streets by a government agency or public
utility.
Owner
An individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity
having sufficient proprietary interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the land under this article.
Parking Aisle
The driveway or access drive by which a car enters and departs a parking space.
Parking Area
The entire paved area that encompasses all parking spaces and the access drives that provide access to
those spaces but that does not include the entry drive or driveway with no direct access to a parking space.
Parking Space
A suitably surfaced and permanently maintained area on privately owned property either within or outside
of a building of sufficient size to store one standard automobile.
Pedestrian Way
A public right-of-way across or within a block intended to be used by pedestrians, including bicyclists.
Planning Commission
The City of Northfield Planning Commission
Plat
A drawing or a map of a subdivision, meeting all of the requirements of the city, and in such form as is
required by the county for purposes of recording.
Plat
A map or drawing which graphically delineates the boundaries of land parcels for the purpose of
identification and record of title. The plat is a recorded legal document and must conform to all state laws.
Playsets
Recreational equipment for children that may include, but is not limited to, swings, slides, monkey parts,
and play enclosures.
Porch
A one-story, enclosed or unenclosed entrance to a building, with a separate roof, that is not used for
livable space.
Preapplication Meeting
Discussions held between the developer and city staff before submission of an application for a permit,
certificate, or other procedure.
Preliminary Plat
The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted
to the planning commission and city council for their consideration.
Primary Entrance
The place of ingress and egress to a building, parcel, or development used most frequently by the public,
or facing the street from which the structure obtains its street address.
Property Line
The legal boundaries of a parcel of property. See also the definition of “Lot Line.”
Public Land
Land owned or operated by municipal, school district, county, state or other governmental units.
Public Utility
Persons or companies supplying gas, electric, transportation, water, sewer, or land line telephone service
to the general public. For the purpose of this section, commercial wireless telecommunication service
facilities shall not be considered public utility uses, and are defined separately.
Public Water
A body of water as defined in Minnesota Statutes Section 1036.005.
Ramp
A structure attached to a principal building that is constructed at a slope that meets the requirements of the
applicable building code that provides access to a building.
Reach
A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment of a stream or river between two
consecutive bridge crossings would most typically constitute a reach.
Recreational Vehicle
A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest
horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is
designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. For the purposes of this division, the term recreational vehicle shall be
synonymous with the term travel trailer/travel vehicle.
Regional Flood
A flood that is representative of large floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of
the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood
insurance study.
Related Equipment
All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such
equipment may include but is not limited to cable, conduit and connectors.
Right-of-Way
A strip of land dedicated to be used for streets, highways, sidewalks, boulevard, landscaping, railroads or
utility purposes.
Road
See definition of “Street.”
Roofline
Either the edge of the roof or the top of the parapet, whichever forms the top line of the building
silhouette. Where a building has several roof levels, the pertinent roofline or parapet shall be the one
belonging to that portion of the building on whose wall the sign is located.
Rotor
A WET's blades and the hub to which they are attached.
Rotor Diameter
The diameter of a WET's rotor measured as twice the length of the largest blade (or equal to the diameter
of the swept area).
Satellite Dish
A parabolic dish antenna including its structural supports, used for reception of various satellite television
programming signals.
Screen
A visual shield between uses accomplished by the use of berms, landscaping, walls or other aesthetic
means.
Setback
The minimum distance from any lot line that an improvement may be placed, measured perpendicular
from the lot line to the closest point of the improvement.
Shoreland
Land located within the following distances from public waters:
• 1,000 feet from the ordinary high water mark of a lake, pond or flowage; and
• 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on
such a river or stream, whichever is greater.
The practical limits of shorelands may be less than the statutory limits whenever the waters involved are
bounded by natural topographic divides which extend landward from the water for lesser distances and
when approved by the commissioner of natural resources.
Sidewalk
A pedestrian walkway within a right-of-way of a public street but not on the street surface.
Sign
Any letter, figure, symbol, trademark, architectural or illuminating device intended to attract attention to
any place, subject, person, firm, corporation, public performance, article, machine, or merchandise and
painted, printed, or constructed and displayed in any manner whatsoever out-of-doors for recognized
advertising purposes. However, this shall not include any official court or public notices nor the flag,
emblem, or insignia of a government, school, or religious group when displayed for official purposes.
Sign Area
The entire area within a continuous perimeter enclosing the limits of the sign message and background, or
sign message in the case of individual letters and symbols. See Section 3.7.4, Computations.
Sign Copy
Any graphic, word numeral, symbol, insignia, text, sample, model, device or combination thereof which
is primarily intended to advertise, identify, or notify.
Sign Face
The area or display surface used for the message.
Sign Height
The vertical distance measured from the lowest adjacent grade to the highest point of the sign or sign
structure.
Sign, Awning
A sign that is painted on or attached to an awning. An awning is defined as a canopy or covering structure
projecting from and attached to a building.
Sign, Billboard
Any sign that advertises or otherwise directs attention to an activity not on the same lot where the sign is
located.
Sign, Ground
A detached sign erected upon or supported by the ground, the top of which is less than eight feet above
the ground and which is not attached to any building.
Sign, Inflatable
Sign, Kiosk
A sign of a permanent nature that provides public service information such as: maps, location of
buildings; restrooms; telephones, walkways and other facilities; hours of operation, or other information
of a similar nature.
Sign, Nonconforming
A sign constructed before March 20, 1969, or amendment of this division that does not meet the
requirements of this division or its amendments.
Sign, Project
A sign that identifies a new residential subdivision or a major real estate development project.
Sign, Projecting
A sign, other than a wall sign, which projects perpendicularly from, and is supported by, a wall of a
building or structure.
Sign, Promotional
A sign used to promote a special private or public event that does not normally occur more than four
times per year.
Sign, Pylon
A sign erected upon freestanding shafts, posts, or similar material where no portion of the sign is less than
eight feet above the ground.
Sign, Roof
Any sign erected or constructed as an integral or essentially integral part of a normal roof structure, such
that no part of the sign extends vertically above the highest portion of the roof and such that no part of the
sign is separated from the rest of the roof by a space more than six inches.
Sign, Sidewalk
A temporary sign that can be placed on the sidewalk to advertise for the applicable property and is
removed on a daily basis.
Sign, Snipe
A sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or
to other objects and which is located within the public right-of-way.
Sign, Temporary
A banner, pennant, poster, or advertising display constructed of cloth, canvas, plastic sheet, cardboard,
wallboard, inflatable device, or other like materials that identify symbols or messages related to the use or
event, and intended to be displayed for a limited period of time.
Sign, Wall
A sign affixed directly to, painted on, or otherwise inscribed on an exterior wall and confined within the
limits thereof of any building.
Sign, Window
A sign that is applied or attached to the interior of a window or located in such manner within the building
that it can readily be seen from the exterior of the building through a window.
Stacking Lane
A waiting area for motorists who remain in their vehicles awaiting service at a drive-through
establishment.
Story
That portion of a building included between the upper surface of any floor and the upper surface of the
floor next above, except that the topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a
basement, cellar or unused underfloor space is more than six feet above grade as defined in this section
for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this
section at any point, such basement, cellar or unused abovefloor space shall be considered as a story.
Street
A public right-of-way which affords primary means of access to abutting property, and also includes an
avenue, highway, road, or way, or however otherwise designated. Streets are further classified by
functional classification and street type as defined in Section 3.11.3, Streets.
Street Width
The width of the street surface measured at right angles from face of curb to face of curb.
Street, Primary
Street, principal arterial, means a street which is the major interconnection within a community
transportation system providing major access routes within the community and its environs.
Street, Private
A street serving as vehicular access to one or more parcels of land and which is not dedicated to the
public but is owned and serviced by one or more private parties.
Street, Side
Shall mean the secondary (by volume and/or size) street at intersections.
Structural Alteration
Any change, other than incidental repairs, which would prolong or modify the life of the supporting
members of a building, such as bearing walls, columns, beams, girders or foundations.
Structure
Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but
not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational
vehicles not meeting the exemption criteria specified in section 34-889(c)(1) of this division and other
similar items.
Structure, Nonconforming
Any structure lawfully existing on the effective date of this Code, or any amendment to it rendering such
structure nonconforming, which does not comply with all of the standards and regulations of this Code or
any amendment thereto.
Structure, Principal
The principal building on a parcel of land.
Subdivider
Any person commencing proceedings under this article to effect a subdivision of land under this
Code for himself/herself or for another.
Subdivision
The separation of an area, parcel, or tract of land into two or more parcels, tracts, lots, or long-term
leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads,
or alleys, for residential, commercial, industrial or other use or any combination thereof, except those
separations:
• Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500
feet in width for residential uses and five acres or larger in size for commercial and industrial
uses.
• Creating cemetery lots.
• Resulting from court orders, or the adjustment of a lot line by the relocation of a common
boundary.
Substantial Damage
Damage of any origin sustained by a structure where the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
Substantial Improvement
Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance
and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "substantial damage," regardless of the
actual repair work performed. The term does not, however, include either:
• Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions.
• Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued designation as an "historic structure." For the purpose of this division,
"historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.
Surfaced
A road, driveway, approach, parking lot which consists of gravel, crushed rock, limerock, bituminous
surface, concrete surface, or other similar material.
Tower
A structure supporting WET generators and associated equipment, including but not limited to
monopoles, guyed towers, and lattice towers.
Tower Height
The height as measured from the natural grade of the land below the WET or telecommunications facility
tower to the top of the tower.
Tower, Guyed
A monopole or lattice tower that is tied to the ground and supported by diagonal cables attached to
concrete and steel anchors embedded in the ground.
Tower, Lattice
A self-supporting mount constructed of structural steel with multiple legs and cross bracing of structural
steel.
Tower, Monopole
The type of mount that is self-supporting with a single shaft of wood, steel, fiberglass, or concrete, and a
platform (or racks) for blades or antenna arrayed at the top
Use
Any purpose for which a lot, building, or other structure, or a tract of land may be designated, arranged,
intended, maintained, or occupied; or any activity, occupation, business, or operation carried on or
intended to be carried on in a building or other structure or on a tract of land.
Use, Accessory
A use subordinate to and servicing the principal use or structure on the same lot and customarily
incidental thereto.
Use, Conditional
A use which may be appropriate or desirable in a specified zone, but requires special approval through the
Conditional Use Permit (See Section 5.5.9, Conditional Use Permit.) because, if not carefully located or
designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion.
Use, Nonconforming
Any use lawfully being made of any land, building, or structure on the effective date of this Code or any
amendment thereto rendering such use nonconforming, which does not comply with all of the regulations
of this Code or any amendment thereto.
Use, Principal
The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use
may be either permitted or conditional.
Use, Temporary
A use that may be permitted for a specified period of time. Temporary uses may require a temporary Use
Permit in compliance with Section 2.11, Temporary Uses and Structures and may be subject to additional
building and zoning requirements.
Variance
A modification or variation of the requirements of this Code, authorized by the ZBA, in accordance with
Section 5.5.16, Variance.
Vehicles
Automobiles, trucks, trailers, railroad cars, construction equipment, and other such mobile equipment
whose major purpose is other than the display of advertising.
WET
Wind Energy Turbine
Wetland
Land that is annually subject to periodic or continual inundation by water and commonly referred to as a
"bog," "swamp," or "marsh."
Yard
A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level
to the sky except as permitted by this Code. The yard extends along the lot line at right angles to such lot
line to a depth or width specified in the setback regulations for the zoning district in which such lot is
located.
Yard, Front
A yard extending along the full width of the front lot line between side lot lines and extending from the
abutting street right-of-way line to the depth required in the setback or build-to-line regulations for the
applicable zoning district.
Yard, Rear
An open, unoccupied space on a lot, except for accessory structures as herein permitted, extending across
the rear of the lot from one side lot line to the other side lot line.
Yard, Side
An open, unoccupied space or spaces on one or more sides of a principal structure extending from the
structure to the side lot line.
ZBA
The Zoning Board of Appeals for the City of Northfield.
Zoning Amendment
A change, authorized by the city in accordance with Section 5.5.14, Text and Zoning Map Amendments,
that either changes the zoning district on the zoning map or changes the text of this Code.
Zoning District
An area within the city limits for which the regulations and requirements governing use are uniform as
defined by Section 2.2, Establishment of Zoning Districts.
D P
Development Review Committee (DRC), 15, 147, 156, 206, Parking, 150, 152
207, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, Parking and Loading, 14, 23, 31, 32, 40, 43, 49, 54, 63, 65,
227, 228, 229, 232, 233, 238, 239, 249 66, 71, 73, 94, 98, 113, 120, 121, 122, 124, 126, 142,
Drive‐Through Establishments, 23, 31, 40 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154,
156, 157, 158, 159, 177, 226, 236, 259, 262
E Plan Commission, 41
Planning Commission, 15, 22, 47, 60, 66, 69, 70, 71, 87, 88,
Enforcement and Penalties, 3, 193, 194, 195, 198, 206, 104, 109, 191, 195, 196, 203, 204, 205, 206, 207, 209,
207, 208, 227, 229, 230 210, 212, 214, 216, 217, 219, 220, 221, 222, 223, 230,
Environmental Review, 213 231, 233, 234, 235, 237, 239, 240, 241, 242, 243, 244,
245, 246, 247, 262
F Private Streets, 88, 101, 175
Fees, 166, 210, 211
S Type 4 Procedure, 221, 234
Type 5 Procedure, 234
Shoreland, 6, 7, 8, 17, 265
Sidewalks and Paths, 43, 133, 155, 160, 162, 168, 175, 177,
265, 266
V
Site Development Standards, 9, 10, 11, 12, 13, 15, 20, 84, Variance, 74, 168, 194, 195, 201, 217, 229, 230, 246, 247,
87, 89, 91, 92, 170, 199 270
Site Plan, 15, 112, 204, 217, 226, 233
Street Trees, 156, 162
Subdivision, 11, 28, 159, 160, 161, 162, 168, 191, 192, 217,
W
240, 241, 268 Wind Energy Turbines, 61, 69, 70, 85, 258, 261, 267, 270
T Z
Temporary Use Permit, 95, 217, 227 Zoning Board of Appeals (ZBA), 6, 145, 184, 194, 204, 205,
Temporary Uses and Structures, 71, 72, 73, 95, 217, 227, 206, 207, 212, 217, 218, 219, 224, 225, 226, 229, 237,
270 247, 248, 249, 270, 271
Type 1 Procedure, 238