Northfield, Minnesota 

Land Development Code 
            Advisory Group Review Draft       

March 31, 2009

Table of Contents
Article 1: General Provisions ........................................................................................................................ 1  1.1  Purpose of the Land Development Code (LDC)................................................................................... 1  1.2  Title ...................................................................................................................................................... 2  1.3  Code Authority ..................................................................................................................................... 2  1.4  Code Jurisdiction .................................................................................................................................. 2  1.5  Repeal of Existing Ordinances ............................................................................................................. 2  1.6  Relationship to Existing Ordinances..................................................................................................... 2  1.7  Relationship to Third-Party Private Agreements .................................................................................. 3  1.8  Relationship to Comprehensive Plan .................................................................................................... 3  1.9  Conformance to this Code .................................................................................................................... 3  1.10  Transitional Rules ................................................................................................................................. 3  1.11  Ordinance Severability ......................................................................................................................... 4  1.12  Use of Tables, Graphics, Illustrations, Figures, and Cross-References ................................................ 4  Article 2: Zoning Districts and Use Regulations .......................................................................................... 5  2.1  Official Zoning Map ............................................................................................................................. 5  2.2  Establishment of Zoning Districts ........................................................................................................ 6  2.3  Base Zoning Districts ........................................................................................................................... 9  2.4  Special Base Zoning Districts ............................................................................................................. 13  2.5  Overlay Zoning Districts .................................................................................................................... 16  2.6  Floating Zoning Districts .................................................................................................................... 20  2.7  Principally Permitted Uses ................................................................................................................. 21  2.8  Use Definitions ................................................................................................................................... 25  2.9  Use-Specific Standards ....................................................................................................................... 37  2.10  Accessory Uses and Structures ........................................................................................................... 58  2.11  Temporary Uses and Structures .......................................................................................................... 71  2.12  Nonconformities ................................................................................................................................. 74  Article 3: Development Standards .............................................................................................................. 78  3.1  Measurements, Computations, and Exceptions .................................................................................. 78  3.2  Site Development Standards ............................................................................................................... 87  3.3  General Development Standards ........................................................................................................ 92  3.4  Architectural Standards .................................................................................................................... 101  3.5  Neighborhood Compatibility Standards ........................................................................................... 110  3.6  Landscape, Screening, and Buffering Standards .............................................................................. 114  3.7  Signage ............................................................................................................................................. 128  3.8  Off-Street Parking, Loading, and Mobility ....................................................................................... 142  3.9  Pedestrian Access and Circulation .................................................................................................... 159  3.10  Basic Subdivision Requirements ...................................................................................................... 161  3.11  Subdivision Design Standards .......................................................................................................... 168  3.12  District Development Standards for the FP-O District ..................................................................... 184  3.13  District Development Standards for the WS-O River District .......................................................... 199  Article 4: Administration .......................................................................................................................... 203  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 
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4.8 

Enforcement and Penalties ............................................................................................................... 207 

Article 5: Development Procedures .......................................................................................................... 209  5.1  Purpose ............................................................................................................................................. 209  5.2  Applicability ..................................................................................................................................... 209  5.3  Common Development Review Requirements ................................................................................. 209  5.4  Summary of Application and Review Procedure Types ................................................................... 216  5.5  Specific Development Review Procedure Requirements ................................................................. 225  Article 6: Definitions ................................................................................................................................ 250  6.1  Rules of Construction and Interpretation .......................................................................................... 250  6.2  Definitions ........................................................................................................................................ 251 

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Article 1: General Provisions
1.1  1.2  1.3  1.4  1.5  1.6  1.7  1.8  1.9  1.10  1.11  1.12  Purpose of the Land Development Code (LDC) ....................................................................... 1  Title ........................................................................................................................................... 2  Code Authority .......................................................................................................................... 2  Code Jurisdiction ....................................................................................................................... 2  Repeal of Existing Ordinances .................................................................................................. 2  Relationship to Existing Ordinances ......................................................................................... 2  Relationship to Third-Party Private Agreements ...................................................................... 3  Relationship to Comprehensive Plan......................................................................................... 3  Conformance to this Code ......................................................................................................... 3  Transitional Rules...................................................................................................................... 3  Ordinance Severability .............................................................................................................. 4  Use of Tables, Graphics, Illustrations, Figures, and Cross-References..................................... 4 

1.1

Purpose of the Land Development Code (LDC)

The City of Northfield carries out the policies of the comprehensive plan by classifying and regulating the uses of land and structures within the city. This Land Development Code is adopted to protect and promote the public health, safety, morals, and general welfare of the city. More specifically, the purpose of these regulations is to:

1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 1.1.11

Maintain and enhance the community’s distinct small town character; Preserve and protect the area’s natural, historic, and cultural resources while providing for improved methods of integrating these resources in the community; Encourage growth in infill locations as the desired location of development with expansion on the edge of the city a secondary priority; Create residential community areas with strong neighborhood qualities including pedestrianfriendly street, community gathering spaces, and basic commercial needs within walking distance; Encourage the development of neighborhoods that incorporate a variety of housing types to serve the needs of a diverse population; Allow for places with a mixture of uses that are distinctive and contribute to the city’s overall vitality; Provide standards and guidelines for continuing strategic growth and sustainable development; Provide for the expansion and diversification of the economic base to assure a strong economy; Promote an ethic of sustainability in all activities to ensure that proposed development redevelopment will, at a minimum, conserve energy and natural resources; Improve and promote connectivity to better serve residents and to improve the function of the overall street network; Ensure that proposed development is of human scale, primarily pedestrian-oriented to the extent appropriate, and designed to create exceptional streetscapes and pedestrian spaces;

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Article 1: General Provisions Section 1.2: Title Subsection 1.10.1: Effective Date

1.1.12 1.1.13 1.1.14 1.1.15 1.1.16

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; Protect the rural character of certain areas of the community as identified in the comprehensive plan; Encourage vibrancy in the downtown core and fringe areas; Ensure compatibility between different types of development and land uses; and 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.”

1.3

Code Authority

The authority to adopt this Code within the City of Northfield, Minnesota, is derived from the authority provided under the Charter of the City of Northfield and from the powers granted and limitations imposed by the Minnesota Statute §462.357, §462.358, and other applicable sections. Whenever the charter or other laws, including the state statutes, referenced in this Code have been amended or superseded, this Code shall be considered amended in reference to the new or revised charter or other laws.

1.4

Code Jurisdiction

This Code shall apply to all land and land development within the incorporated area of the City of Northfield, Minnesota.

1.5

Repeal of Existing Ordinances

This Code and the referenced Official Zoning Map hereby replace Chapter 34, Land Development Regulations, of the Northfield Municipal Code.

1.6
1.6.1 1.6.2

Relationship to Existing Ordinances
In their interpretation and application, the provisions of this Code shall be the minimum requirements, unless otherwise noted and shall be deemed neither to limit nor repeal any other powers granted to the city under its charter and ordinances or under state statutes. Where this Code imposes a greater restriction on the use of buildings or premises, or on the heights of buildings, or requires larger yards, courtyards, or other open spaces than are imposed or required by such existing provisions, the provisions of this Code shall prevail and control to the extent permitted by law.

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Article 1: General Provisions Section 1.7: Relationship to Third-Party Private Agreements Subsection 1.10.1: Effective Date

1.7

Relationship to Third-Party Private Agreements

This Code is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this Code shall govern. Nothing in this Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Code. In no case shall the city be obligated to enforce the provisions of any easements, covenants, or agreements between private parties where the city is not a party to the easement, covenant, or agreement.

1.8

Relationship to Comprehensive Plan

The Comprehensive Plan for the City of Northfield or “comprehensive plan” as referenced in this Code, and adopted on November 17, 2008, is the guiding policy document for this Code, as amended. It establishes the goals, objectives and strategies that serve as a basis for this Code. All regulations or amendments adopted pursuant to this Code shall be consistent with the comprehensive plan as adopted and revised or updated in accordance with the requirements of this Code and the Section 4.6 of the Charter of the City of Northfield. In cases of inconsistency with other regulations or amendments, the Code regulations shall prevail.

1.9

Conformance to this Code

Except as specified herein, no land shall be subdivided, no building, structure, premises, or part thereof shall be used, occupied, located, moved, erected, constructed, reconstructed, converted, extended, enlarged, or altered except in conformity and full compliance with the regulations herein specified for the district in which it is located.

1.10
1.10.1

Transitional Rules
Effective Date
This Code was enacted by Ordinance No. <> , adopted by the Northfield City Council on <>, 2009, and shall become effective on <>, 2009.

1.10.2

Violations Continue
Any violation under previous land development regulations and ordinances that applied to the city prior to the adoption of this Code shall continue to be a violation under this Code and is subject to penalties and enforcement under Section 4.8, Enforcement and Penalties, unless the use, development, construction, or other activity complies with the provisions of this Code.

1.10.3

Nonconformities Continue
(A) Any legal nonconformity under any previous land development regulations that applied to the city prior to the adoption of this Code shall continue to be a legal nonconformity under this Code, as long as the situation that resulted in the nonconforming status under the previous codes continues to exist. If a legal nonconformity under any previous regulations that applied to the city prior to the adoption of this Code becomes conforming because of the adoption of these regulations, then the situation will be considered conforming and shall no longer be subject to the nonconforming use regulations.

(B)

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Article 1: General Provisions Section 1.11: Ordinance Severability Subsection 1.10.4: Approved Projects

1.10.4

Approved Projects
(A) Any building, structure, or development for which a building permit was issued prior to the effective date of this Code may, at the applicant’s option, be completed in conformance with the issued permit and any other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this Code. Such building, structure, or development shall be considered a legal nonconforming use upon the issuance of an Occupancy Permit by the city. If the building or structure is not completed within the time allowed under the original building permit or any extension granted thereof, then the building, structure, or development may be constructed, completed, or occupied only in compliance with this Code. Any application for a project where an approved building permit has expired shall be required to submit a new application that meets the standards of this Code.

(B)

(C)

1.11

Ordinance Severability

Each chapter, section, paragraph, sentence, clause, phrase or other divisible part of this Code is hereby declared to be severable. If any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part of this Code is declared unconstitutional or otherwise invalid (by any court of competent jurisdiction in a valid judgment or decree), such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible parts of this Code.

1.12
1.12.1 1.12.2

Use of Tables, Graphics, Illustrations, Figures, and CrossReferences
Where a conflict may occur between the text of this Code and any graphic, illustration, or figure, the text shall control. In some instances, cross-references between articles, sections, and subsections are provided that include the article, section, or subsection number along with the name of the reference following the numerical reference. Where a conflict may occur between the given crossreference number and name, the name shall control. Cross-references to tables and figures include the main section number as the first part of the number for purposes of identifying the location of the table.

1.12.3

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Article 2: Zoning Districts and Use Regulations Section 2.1: Official Zoning Map Subsection 2.1.1: Map and Land Development Code

Article 2: Zoning Districts and Use Regulations
2.1  2.2  2.3  2.4  2.5  2.6  2.7  2.8  2.9  2.10  2.11  2.12  Official Zoning Map .................................................................................................................. 5  Establishment of Zoning Districts ............................................................................................. 6  Base Zoning Districts ................................................................................................................ 9  Special Base Zoning Districts ................................................................................................. 13  Overlay Zoning Districts ......................................................................................................... 16  Floating Zoning Districts......................................................................................................... 20  Principally Permitted Uses ...................................................................................................... 21  Use Definitions ........................................................................................................................ 25  Use-Specific Standards............................................................................................................ 37  Accessory Uses and Structures................................................................................................ 58  Temporary Uses and Structures............................................................................................... 71  Nonconformities ...................................................................................................................... 74 

2.1
2.1.1

Official Zoning Map
Map and Land Development Code
All land within Northfield is placed into zoning districts as shown on the Official Zoning Map. The Official Zoning Map, along with all notations, references, and other information, are hereby adopted as part of this Code. A certified copy of the Official Zoning Map shall be kept on file with the City Clerk.

2.1.2

Annexed Land or Land Not Otherwise Designated
(A) (B) Any land located within the Northfield municipal boundaries that is not designated with a zoning district shall be included in the Agricultural Holding (AH-S) district. Any land which may be annexed to the city in the future shall be placed in the (AH-S) district until such time that the City Council amends the zoning district, provided the City Council does not designate the zoning district for the parcel at the time of annexation. The Official Zoning Map, with any amendments made thereon, shall be identified by the signatures of the Mayor and City Clerk under the following words: Official Zoning District Map, Northfield, Minnesota: This is to certify that this is the Official Zoning Map referenced by Section 2.1, Official Zoning Map, of the Land Development Code. Adopted by the City Council, Northfield, Minnesota. _________________ Date _________________ _______________________________ Mayor _______________________________

2.1.3

Identification of the Official Zoning District Map
(A)

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Article 2: Zoning Districts and Use Regulations Section 2.2: Establishment of Zoning Districts Subsection 2.1.4: Interpretation of Zoning District Boundaries

Date

City Clerk

2.1.4

Interpretation of Zoning District Boundaries
The boundaries of the zoning districts are shown upon the Official Zoning Map. When uncertainty exists with respect to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply: Where zoning district boundary lines are indicated as approximately following a center line of a street or highway, alley, railroad easement, or other right-of-way, or a river, creek, or other watercourse, such centerline shall be the zoning district boundary. In the event of a natural change in the location of such streams, rivers, or other water courses, the zoning district boundary shall be construed as moving with the channel centerline. (B) Where zoning district boundary lines are indicated as approximately following a lot line, such lot line shall be the zoning district boundary. (C) Where zoning district boundary lines are indicated as approximately being parallel to a centerline or a property line, such zoning district boundary lines shall be parallel to a centerline or a property line and, in the absence of a specified dimension on the map, at such scale and distance as indicated on the Official Zoning Map. (D) Whenever any street, alley or other public way is vacated by official action of City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district or districts. (E) The boundary for the Floodplain Overlay (FP-O) district has been taken from the flood insurance study dated April 2, 2003, for the City of Northfield, prepared by the Federal Emergency Management Agency and others as may be referenced in this Code or the municipal code. (F) The boundary for the Wild and Scenic River/Shoreland/Public Waters Overlay (WS-O) district has been established by the Department of Natural Resources (DNR). (G) When the actual street, right-of-way, property line boundary or other existing ground condition is in conflict with that shown on the Official Zoning Map, the ZBA shall review the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the city and to submit technical evidence if so desired pursuant to the appeals process as established in Section 5.5.17, Appeals. (A)

2.1.5

Legend and Use of Color or Patterns
There shall be provided on the Official Zoning Map a legend that shall list the name and symbol for each zoning district. In lieu of a symbol, a color or black and white pattern may be used on the Official Zoning Map to identify each zoning district as indicated in the legend.

2.2
2.2.1

Establishment of Zoning Districts
Districts Established
The districts in Table 2.2-1are hereby established to encourage sustainable development practices, to carry out the purposes of this Code, and to assist in implementing the comprehensive plan.

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Article 2: Zoning Districts and Use Regulations Section 2.2: Establishment of Zoning Districts Subsection 2.2.2: Relationship of Overlay Districts to Base, Special, and Floating Districts

Table 2.2-1: Zoning Districts Abbreviation
R1-B R2-B R3-B R4-B N1-B C1-B C2-B I1-B AH-S CD-S PI-S FP-O WS-O DH-O PD-O

District Name
BASE ZONING DISTRICTS Low Density Residential District Medium Density Residential District [DISCONTINUED] [1] High Density Residential District [DISCONTINUED] [1] Manufactured Home Park District Neighborhood General 1 Downtown District Gateway Commercial District Industrial District [DISCONTINUED] [1] SPECIAL BASE ZONING DISTRICTS [2] Agricultural Holding District College Development District Public and Institutional District OVERLAY ZONING DISTRICTS Floodplain Overlay District Wild and Scenic River/Shoreland/Public Waters Overlay District Downtown Historic Overlay District Planned Unit Development Overlay District [DISCONTINUED] [1] FLOATING ZONING DISTRICTS Neighborhood Center Floating District Economic Development District

NC-F ED-F NOTES: [1] Discontinued districts are districts that are currently located on the zoning map but no new areas may be rezoned to these districts. [2] The AH-S, CD-S, and PI-S districts are considered special base zoning districts as they have a limited purpose as it relates to development within the city. For this reason, these base districts maintain an “S” in the abbreviation.

2.2.2

Relationship of Overlay Districts to Base, Special, and Floating Districts
(A) Where land is classified into an overlay zoning district, the regulations governing development in the overlay district shall apply in addition to the regulations governing the underlying base, special, or floating zoning district unless otherwise noted in the district specific standards of Section 2.3, Base Zoning Districts, 2.4, Special Base Zoning Districts, Section 2.5, Overlay Zoning Districts, or Section 2.6, Floating Zoning Districts. In the event of an express conflict between the standards of the overlay zoning district and the base, special, or floating zoning district, the standards governing the overlay district shall control. In some instances, land may be classified into multiple overlay districts. In the event of an express conflict between the standards of the multiple overlay districts, the most restrictive standards shall apply.
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(B)

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Article 2: Zoning Districts and Use Regulations Section 2.2: Establishment of Zoning Districts Subsection 2.2.3: References to Previous Zoning Districts

2.2.3

References to Previous Zoning Districts
Some of the district classification and names established within this Code differs from previous versions of this Code. In instances where there may be references to the previous zoning district nomenclature, Table 2.2-2 identifies how each of the previous district classifications was renamed for this Code. This section shall only be used for comparison purposes only.

Table 2.2-2: District Transition Table
Zoning Districts in the Land Development Code Zoning Districts in the Land Development Code Effective Prior to <> Effective After <> Abbreviation District Name Abbreviation District Name BASE DISTRICTS R-1 One-Family Residential District R-2 One- and Two-Family Residential District R1-B Low Density Residential District Low to Medium Density Residential R-3 District Medium Density Residential R-4 Medium Density Residential District R2-B District R-5 High Density Residential District R3-B High Density Residential District R-6 Manufactured Home Park District R4-B Manufactured Home Park District --No Existing District N1-B Neighborhood General 1 District C-1 Downtown District C1-B Downtown District C-2 Downtown Fringe District C-3 Gateway Commercial District C2-B Gateway Commercial District LI Light Industrial District I1-B Industrial District I Industrial District SPECIAL BASE DISTRICTS A-G Agricultural District AH-S Agricultural Holding District CDZ College Development District CD-S College Development District --No Existing District PI-S Public and Institutional District OVERLAY DISTRICTS FP Floodplain District FP Floodplain Overlay District Wild and Scenic Wild and Scenic River/Shoreland/Public WS WS River/Shoreland/Public Waters Waters District Overlay District --Downtown Historic District DH Downtown Historic Overlay District Planned Unit Development Overlay PUD Planned Unit Development PD District FLOATING DISTRICTS Neighborhood Center Floating --No Existing District NC-F District Economic Development Floating --No Existing District ED-F District

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Article 2: Zoning Districts and Use Regulations Section 2.3: Base Zoning Districts Subsection 2.3.1: Residential District (R1-B)

2.3
2.3.1

Base Zoning Districts
Residential District (R1-B)
(A) Purpose (1) The Residential (R1-B) zoning district generally includes the established neighborhoods surrounding downtown Northfield that are characterized by traditional urban development qualities such as a grid pattern street network, sidewalks, and a range of single-family, two-family, and some multi-family dwellings on smaller lots. The purpose of the R-1B zoning district is to continue to support single-family, two-family, and three-family attached and detached dwellings within the existing character of the city’s older neighborhoods. The primary intent of this zone is to strengthen the character of existing historic neighborhoods within Northfield and to protect and enhance the unique character of those existing neighborhoods, particularly in locations where this character may be most susceptible to change.

(B)

The R1-B district should generally apply to those areas designated as “Neighborhood Central” on the framework map of the comprehensive plan. Infill Compatibility Requirement Due to the developed character and context of existing development in the R1-B district, all new development or structures with a total expansion of 15 percent of a building’s footprint, whether as a single expansion or made through multiple expansions, shall be subject to the infill compatibility standards established in Section 3.5, Neighborhood Compatibility Standards. Site Development Standards See Section 3.2.1, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the R1-B district. Other Development Standards In addition to the standards established for the R1-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards. Purpose The purpose of the Medium Density Residential (R2-B) zoning district is to maintain the city’s existing housing stock that is comprised of medium density residential uses at densities ranging from 8.1 to 15 units per acre. Discontinued District The R2-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 R2-B district shall be prohibited after the effective date of this Code.

(2)

(C)

(D)

2.3.2

Medium Density Residential District (R2-B) [DISCONTINUED DISTRICT]1
(A)

(B)

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.
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Article 2: Zoning Districts and Use Regulations Section 2.3: Base Zoning Districts Subsection 2.3.3: High Density Residential District (R3-B) [DISCONTINUED DISTRICT]

(C)

Site Development Standards See Section 3.2.1, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the R2-B district. Other Development Standards In addition to the standards established for the R2-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards. Purpose The purpose of the High Density Residential (R3-B) zoning district is to maintain the city’s existing housing stock that is comprised of high density, multi-family residential uses at densities ranging from 15.1 to 25 units per acre. Discontinued District The R3-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 R3-B district shall be prohibited after the effective date of this Code. Site Development Standards See Section 3.2.1, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the R3-B district. Other Development Standards In addition to the standards established for the R3-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards. Purpose (1) The purpose of the Manufactured Home Park (R4-B) zoning district is to allow manufactured home parks in areas of the city. All manufactured homes shall only be located in manufactured home parks. Manufactured home parks shall provide ingress and egress roadways, storm shelters, open space for playgrounds, recreation and park purposes, necessary sewer, water, electricity, and refuse services.

(D)

2.3.3

High Density Residential District (R3-B) [DISCONTINUED DISTRICT]
(A)

(B)

(C)

(D)

2.3.4

Manufactured Home Park District (R4-B)
(A)

(B)

The R4-B district should generally apply to those areas designated as “Neighborhood General 1” on the framework map of the comprehensive plan. Site Development Standards See Section 2.9.9, Manufactured Home Parks, Section 3.2.1, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the R4-B district. Other Development Standards In addition to the standards established for the R4-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.

(2)

(C)

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Article 2: Zoning Districts and Use Regulations Section 2.3: Base Zoning Districts Subsection 2.3.5: Neighborhood General 1 District (N1-B)

2.3.5

Neighborhood General 1 District (N1-B)
(A) Purpose (1) The Neighborhood General 1 (N1-B) zoning district is applied to areas of the city that are characterized by undeveloped land on the effective date of this code. The purpose of the N1-B district is to establish the desired character for future residential uses that reflects the character of the city’s older neighborhoods. The N1-B promotes a compact development style with high pedestrian activity and sustainable development that complies with the development styles recommended in the comprehensive plan.

(B)

The N1-B district should generally apply to those areas designated as “Neighborhood General 1” on the framework map of the comprehensive plan. Site Development Standards See Section 3.2.1, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the N1-B district. Other Development Standards In addition to the standards established for the N1-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards. Mixture of Dwelling Unit Types For the purpose of promoting a mixture of dwelling unit types within a single neighborhood and subdivision, a mixture of lot sizes shall be required in accordance with Table 2.3-1 based on the size of the subdivision. Table 2.3-1: Mixture of Dwelling Unit Types
Number of Lots in a Subdivision 0-19 Lots 20-49 50-99 Lots 100 or More Lots Percentage of Lots Required to Accommodate Any Mixture of Two, Three, or Multi-Family Dwellings No Requirement 10% 15% 20%

(2)

(C)

(D)

2.3.6

Downtown District (C1-B)
(A) Purpose (1) The purpose of the C1-B district is to sustain the historic central business district and to augment and increase its viability and prosperity by allowing the development and redevelopment of a variety of uses and activities, made compatible through the enforcement of design standards. A mutually supportive mixture of shopping, office, professional services, government and institutional, entertainment, residential, and hospitality uses are encouraged within a compact, pedestrian oriented environment. The district standards shall also facilitate the creation of a strong, distinctive sense of place through pedestrian orientation and the inclusion of open space, public plazas, gathering places, outdoor dining areas and a strong relationship with the Cannon River.
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Article 2: Zoning Districts and Use Regulations Section 2.3: Base Zoning Districts Subsection 2.3.7: Gateway Commercial District (C2-B)

(2) (B)

The C1-B district should generally apply to those areas designated as “Core” and “Center” on the framework map of the comprehensive plan. 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. 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. 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.

(C)

2.3.7

Gateway Commercial District (C2-B)
(A)

(2) (B)

The C2-B district should generally apply to those areas designated as “Corridor” on the framework map of the comprehensive plan. 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. 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. 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.

(C)

2.3.8

Industrial District (I1-B) [DISCONTINUED DISTRICT]
(A)

(B)

The C2-B district should generally apply to those areas designated as “District” on the framework map of the comprehensive plan. 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.

(2)

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Article 2: Zoning Districts and Use Regulations Section 2.4: Special Base Zoning Districts Subsection 2.4.1: Agricultural Holding District (AH-S)

(C)

Site Development Standards See Section 3.2.4, I1-B District Site Development Standards for the site development standards that apply to the I1-B district. Other Development Standards In addition to the standards established for the I1-B district, all development shall be subject to all other applicable standards in Article 3: Development Standards.

(D)

2.4
2.4.1

Special Base Zoning Districts
Agricultural Holding District (AH-S)
(A) Purpose The purposes of the AH-S zoning district is to allow for agricultural uses within the city limits while recognizing that the land may be developed for non-agricultural uses in the near to long-term. It is designed specifically for areas within the city that may presently be used for agriculture, or that might be annexed into the city, but will be converted to a more urban use in the future. Site Development Standards See Section 3.2.5, AH-S District Site Development Standards for the site development standards that apply to the AH-S district. Other Development Standards In addition to the standards established for the AH-S district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards. Purpose (1) The purpose of the College Development (CD-S) zoning district is to recognize the colleges and the potential need for related development while protecting the larger community, nearby neighborhoods, and the environment from impacts accompanying major new development. Development in the CD-S District shall be designed for a mix of college-related, integrated uses as specified below, linked by pedestrian ways, bikeways, and other transportation systems. Development in these districts shall also encourage reduced auto use, mitigate environmental impacts, conserve energy resources and achieve visual continuity in the sitting and scale of buildings. The CD-S district should generally apply to those areas designated as an “educational district” on the framework map of the comprehensive plan. Recognizing that there are large areas of land dedicated to the colleges in Northfield and that there are potential areas of development conflict where the college properties abut residential neighborhoods, the CD-S zoning district is divided into sub-areas. The Internal Development Area is the core areas of the college campuses while the Perimeter Transition Area is a buffer area along the edges of the campuses. Both sub-areas are defined in Subsection 2.4.2 (B) (1).

(B)

(C)

2.4.2

College Development District (CD-S)
(A)

(2) (3)

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Article 2: Zoning Districts and Use Regulations Section 2.4: Special Base Zoning Districts Subsection 2.4.2: College Development District (CD-S)

(B)

CD-S District Standards (1) Applicability (a) For the purpose of this section, the Internal Development Area (IDA) shall mean all college properties within the CD-S district that are contiguous to other properties zoned as a CD-S district and do not fall within the Perimeter Transition Area (PTA). For the purpose of this section, the Perimeter Transition Area (PTA) shall be defined as a 300-foot wide area at the boundaries of the CD-S zoning district that are not adjacent to a CD-S district. Where applicable, this area shall be measured from the midpoint of public rights-of-way adjoining the edge of college properties. If a public right-of-way adjoining the college property edge (with no adjoining buildings) is wider than 200 feet, and contains no existing or planned buildings, then no PTA standards shall be applied and the area may develop consistent with the IDA standards. In order to reflect this differing levels of impact on non-college properties, the IDA development standards shall be more general and flexible, while the PTA standards shall be more specific and detailed. When applying this zoning to college-owned properties, the CD-S zoning district shall extend to the midpoint of public rights-of-way adjoining those properties. In addition to the standards established for the CD-S district in this article, all development shall be subject to all other applicable standards in Article 3, Development Standards. Parking structures within PTAs shall be maintain a setback equal to the average setback for existing buildings and/or parking lots on adjoining properties. Surface parking lots within PTAs that adjoin public streets shall be landscaped or otherwise screened with structures to minimize views of parking from the street and adjoining properties. Within PTAs, new athletic fields shall not be exempt from the lighting standards established in Section 3.3.3,Outdoor Lighting Standards, with the exception that, after 11:00 PM, such facilities may not utilize the exemption for public recreational activities. Screening of mechanical equipment, utility systems, solid waste and loading areas within PTAs, shall be subject to the screening requirements of Section 3.6.10, Screening Requirements. Within PTAs, landscaping shall be provided so as to ensure compatibility with adjoining and facing properties. Landscaping shall also include appropriate design and management of stormwater.

(b)

(c)

(2)

Additional Design Standards (a)

(b)

(c)

(d)

(e)

(f)

(C)

Development Review Procedure Requirements For development review within the CD-S, the following additional requirements shall apply: (1) A campus master plan shall be submitted to the City Planner prior to any zoning map amendment submittal. Such campus master plans shall be viewed as
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City of Northfield, Minnesota DRAFT 3-31-09

Article 2: Zoning Districts and Use Regulations Section 2.5: Overlay Zoning Districts Subsection 2.4.3: Public and Institutional District (PI-S)

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). 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).

(3)

(D)

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. 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. 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. 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.

(4)

(E)

2.4.3

Public and Institutional District (PI-S)
(A)

(B)

The PI-S district can potentially apply to any land in any category on the framework map of the comprehensive plan. 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. Other Development Standards (1) (2) More than one principal building may be located on a single lot. 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)

(C)

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Article 2: Zoning Districts and Use Regulations Section 2.5: Overlay Zoning Districts Subsection 2.5.1: Floodplain Overlay District (FP-O)

2.5
2.5.1

Overlay Zoning Districts
Floodplain Overlay District (FP-O)2
(A) Purpose It is the purpose of the Floodplain Overlay (FP-O) zoning district to promote the public health, safety, and general welfare and to minimize the potential losses by flooding, as described in this section, by enacting the provisions contained herein. Development Standards (1) (2) (C) The development standards for the underlying base zoning district shall apply unless otherwise modified in by the FP-O district.

(B)

Additional standards for the FP-O district are located in Section 3.12, District Development Standards for the FP-O District. Statutory Authorization, Findings of Fact, and Purpose The legislature of the State of Minnesota has, in Minnesota Statutes Chapters 103F and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City of Northfield does ordain as follows: (1) The flood hazard areas of Northfield, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. This section is based upon a reasonable method of analyzing flood hazards, which is consistent with the standards established by the Minnesota Department of Natural Resources.

(2)

(D)

This section and this Code are adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59--78, as amended, so as to maintain the city's eligibility in the National Flood Insurance Program. Establishment of Subdistricts (1) Subdistricts There are hereby established the following three subdistricts of the FP-O district. (a) The floodway subdistrict (FW) shall include those areas designated as floodway on the flood insurance rate map referred to in Section 3.12.2, General Provisions. The flood fringe subdistrict (FF) shall include those areas shown as being within zone AE, zone AO, or zone AH, but being located outside of the floodway, on the Flood Insurance Rate Map (FIRM) as referred to in Section 3.12.2, General Provisions. The general floodplain subdistrict (GF) shall include those areas designated as zone A or zones AE, zone AO, or zone AH without a floodway on the flood insurance rate map referred to in Section 3.12.2, General Provisions.

(3)

(b)

(c)

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.
City of Northfield, Minnesota DRAFT 3-31-09 Land Development Code 16

2

Article 2: Zoning Districts and Use Regulations Section 2.5: Overlay Zoning Districts Subsection 2.5.2: Wild and Scenic River/Shoreland/Public Waters Overlay District (WS-O)

(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. 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.

(ii)

(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. 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)

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.

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Article 2: Zoning Districts and Use Regulations Section 2.5: Overlay Zoning Districts Subsection 2.5.3: Downtown Historic Overlay District (O-DH)

(B)

Development Standards (1) (2) The development standards for the underlying base zoning district shall apply unless otherwise modified in by the WS-O district.

(C)

Additional standards for the WS-O district are located in Section 3.13, District Development Standards for the WS-O River District. Designation of the WS-O District (1) The WS-O district combines the regulations pertaining to state shoreland management and the wild and scenic river management programs. The public waters located within the Northfield city limits have been classified as follows: (a) (b) (c) (d) (2) Spring Creek, general development. Heath Creek, general development. Rice Creek, natural environment. Sibley Marsh, unclassified.

(D)

In addition, in order to preserve and protect the Cannon River and its adjacent land that possesses scenic, recreational, natural, and historical values, the Cannon River in the city has been given a recreational river classification under the Minnesota Wild and Scenic Rivers Act and is divided into two districts as undeveloped land and developed land. It shall be unlawful to fill, excavate, or deposit any materials in or on the beds of public waters without securing a permit from the DNR Commissioner. Permitted Uses In addition to all permitted uses allowed in and regulated by the underlying zoning district, as indicated on the official zoning map of the city, the following uses are permitted by-right (no conditional use permit required): (1) (2) Campgrounds; Government resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; accessory roads; and

(E)

(3) Public access to rivers and streams. Conditional Uses In addition to all conditional uses and applicable attached conditions allowed in and the underlying zoning district, the following conditional uses are permitted: (1) (2) (3) Utility transmission lines subject to the conditions of all applicable state rules. Mining and extraction of sand and gravel, subject to the conditions of all applicable state rules. Canoe and boat rental establishments, subject to the conditions of all applicable state rules.

2.5.3

Downtown Historic Overlay District (O-DH)
(A) Purpose (1) The City Council declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other

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Article 2: Zoning Districts and Use Regulations Section 2.5: Overlay Zoning Districts Subsection 2.5.4: Planned Unit Development Overlay District (PD-O) [DISCONTINUED DISTRICT]

objects having special historical interest or value is a public necessity and is required in the interest of the health, safety, welfare and prosperity of the people. (2) Additionally, this district has the purpose of this to: (a) Safeguard the heritage of the city by preserving sites and structures which reflect elements of the city's cultural, social, economic, political, visual or architectural history; Protect and enhance the city's appeal to residents, visitors and tourists and serve as a support and stimulus to business and industry; Foster civic pride in the beauty and notable accomplishments of the past; and Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the city.

(b) (c) (d) (B)

Northfield Downtown Historic District There has been created a Northfield Downtown Historic District that has been registered with the federal government and certified by the state. The boundaries of such district shall be as shown on the Official Zoning Map. Certificate of Appropriateness No activity with the O-DH shall occur on a heritage preservation site without having first received a certificate of appropriateness issued by the HPC pursuant to Section 5.5.8, Certificate of Appropriateness. All supporting documents relating to the certificate of appropriateness (e.g., plans and photographs) shall be kept on file by the City Planner. Activity initiated or completed without the consent of HPC and the city as required shall be considered to be in violation of this Code. Purpose The purposes of the PD-O zoning district is to allow for the continuance of planned unit developments approved prior to the effective date of this Code. Discontinued District The PD-O 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 PD-O district shall be prohibited after the effective date of this Code. Approved Plans Continue All preliminary and final development plans approved as part of a planned unit development prior to the effective date of this Code shall remain in full force and effect as part of this overlay district. Provided new development in the PD-O district is in compliance with the approved plans, the development shall be considered in conformance with this Code. Amendments Amendments to any approved plans shall be reviewed pursuant to Section 5.5.5, Amendments to the PD-O District.

(C)

2.5.4

Planned Unit Development Overlay District (PD-O) [DISCONTINUED DISTRICT]
(A)

(B)

(C)

(D)

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Article 2: Zoning Districts and Use Regulations Section 2.6: Floating Zoning Districts Subsection 2.6.1: Neighborhood Center Floating District (NC-F)

2.6
2.6.1

Floating Zoning Districts
Neighborhood Center Floating District (NC-F)
(A) Purpose (1) The purpose of the NC-F district is to promote and enhance the vitality of existing neighborhoods by providing for the opportunity to develop nonresidential uses in existing neighborhoods where the principal building is designed to be consistent with the size, scale, and massing of the surrounding residential uses. Additionally, the uses should be of an intensity that will create minimal traffic and noise impacts on the surrounding neighborhood.

(B)

The NC-F district should generally apply in areas designated as “Neighborhood Central” on the framework map of the comprehensive plan. Development Standards (1) (2) All buildings shall be subject to the neighborhood compatibility standards of Section 3.5, Neighborhood Compatibility Standards.

(2)

(C)

NC-F districts may only be considered on lots that are located at the intersection of two street types with a functional classification of collector and/or arterial pursuant to Section 3.11.3, Streets.). Other Development Standards In addition to the standards established for the NC-F district, all development shall be subject to all other applicable standards in Article 3: Development Standards. Purpose (1) The ED-F Zone is applied to areas of the city appropriate for employment with an urban campus type character with a focus on sustainable, high quality development that is designed in a way to preserve the city’s natural resources while simultaneously promoting economic development. This district will provide opportunities for corporate administrative offices and medium size research and development firms to locate in the city. Land uses within the district should be designed to minimize impact on any residential uses by appropriate buffering and overall subdivision design. High standards of appearance and design will be required and maintained with restrictions on outdoor storage and activities with undesirable characteristics.

2.6.2

Economic Development Floating District (ED-F)
(A)

(2) (B)

The ED-F district should generally apply to those areas designated as “District” on the framework map of the comprehensive plan. Site Development Standards See Section 3.2.7, ED-F District Site Development Standards for the site development standards that apply to the ED-F district. Other Development Standards In addition to the standards established for the ED-F district, all development shall be subject to all other applicable standards in Article 3: Development Standards.

(C)

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Article 2: Zoning Districts and Use Regulations Section 2.7: Principally Permitted Uses Subsection 2.7.1: General Provisions

2.7
2.7.1

Principally Permitted Uses
General Provisions
(A) Table 2.7-1 lists the principal uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in the overlay districts shall be controlled by the underlying base zoning district unless otherwise modified in the district standards of this article. Principal uses allowed in the overlay districts are identified in Section 2.5, Overlay Zoning Districts. Organization of Table Table 2.7-1 organizes the uses by use categories and use types. (1) Use Categories The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, mixed use, commercial, etc.). The use classifications then organize land uses and activities into specific “use types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. Use Types The use categories are divided into specific use types. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, single-family dwellings, two-family dwellings, and townhome clusters are some of the specific use types that fall under the “household living” use category. Use Categories and Use Types Defined Use categories and use types are defined in Section 2.8, Use Definitions.

(B)

2.7.2

Explanation of Table of Permitted Uses
(A)

(2)

(3) (B)

Symbols in Table The symbols used in Table 2.7-1 are defined as follows: (1) Permitted Uses (P) A “P” in a cell indicates that a use type 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 2.7-1. Permitted uses are subject to all other applicable standards of this Code, including those set forth in Article 3: Development Standards. Conditional Uses (C) A “C” in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 2.7-1 and approval of a conditional use permit in accordance with Section 5.5.9, Conditional Use Permit. Conditional uses are subject to all other applicable standards of this Code, including those set forth in Article 3: Development Standards.

(2)

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Article 2: Zoning Districts and Use Regulations Section 2.7: Principally Permitted Uses Subsection 2.7.2: Explanation of Table of Permitted Uses

(3)

Pre-Existing Uses (PE) A “PE” in a cell indicates that a use type existed in the applicable zoning district prior to the effective date of this Code and it is the intent of the city to allow the continuance of the use, regardless if the use is no longer permitted as-of-right (P) in the district. Pre-existing uses may continue in accordance with Section 2.12.3, Nonconforming and Pre-Existing Uses. Prohibited Uses A cell with a “--" or a blank cell indicates that the listed use type is prohibited in the respective zoning district. Use-Specific Standards The “use-specific standards” column of Table 2.7-1 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. Unlisted Uses If an application is submitted for a use that is not listed in Table 2.7-1, 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. Table 2.7-1: Permitted Principal Uses

(4)

(5)

(6)

Use Category and Use Type Base Zoning Districts
* Discontinued Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table

Special Base Zoning Districts AH-S I1-B* CD-S PI-S

Floating Zoning Districts NC-F ED-F -P ---------

R2-B*

R3-B*

R1-B

R4-B

N1-B

C1-B

Agricultural Buildings Crop Raising and Forestry Farm Implement Sales and Service Stables and Raising of Livestock Wholesale or Commercial Plant Nurseries Boarding, Lodging, or Tourist Homes Dormitories Nursing and Convalescent Homes Residential-Care, Licensed In-Home for 6 or Fewer Persons Residential-Care, Licensed for More than 6 Persons

-----C -C P C

Agricultural Use Category -- -- -- -- -- -- --- -- -- P -- -- --- -- -- -- -- P P -- -- -- -- -- -- ------P PE

C2-B

Use-Specific Standards in Section:

P P C P C ------

-P ----P ----

-P -----P ---

-----C -C P C

Group Living Use Category C P -- -- -- -- --- -- -- -- -- -- -C P -- C -- -- -P C P P --P P --- ------

Household Living Use Category

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Article 2: Zoning Districts and Use Regulations Section 2.7: Principally Permitted Uses Subsection 2.7.2: Explanation of Table of Permitted Uses

Table 2.7-1: Permitted Principal Uses
Use Category and Use Type Base Zoning Districts
* Discontinued Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table

Special Base Zoning Districts AH-S I1-B* CD-S PI-S

Floating Zoning Districts NC-F ED-F ---------P P P -P P P -----C C P -------P

R2-B*

R3-B*

R1-B

R4-B

N1-B

C1-B

Bed & Breakfast Establishments Dwelling, Multi-Family (Apartment Building with 9 or more units) Dwelling, Multi-Family (Apartment House with 4 to 8 units) Dwelling, Multi-Family (Rowhouse) Dwelling, Multi-Family (Upper Floors) Dwelling, Single-Family Dwelling, Three-Family Dwelling, Two-Family Manufactured Home Park General Offices Medical or Dental Clinic or Offices Office/Business Service Uses Adult Uses Animal Hospital/Veterinary Clinics Auto Service Stations Banks or Financial Institutions Banquet Halls Bars, Taverns, Nightclubs Boat, Trailer, or Recreational Vehicle Sales and Service Car/Truck Washing Establishments Commercial Truck Storage and Parking Convenience Stores Day Care Facilities Drive-Through Establishments Firearms Dealers Funeral Homes Gasoline Station (Fuel Sales) Greenhouses, Garden, and Landscaping Sales and Service Hotel, Motel, Extended Stay Establishments Kennels Motor Vehicle Sales and Service Parking Lots
City of Northfield, Minnesota DRAFT 3-31-09

C

C

C P P

----

C -P

C ---

----

C2-B

Use-Specific Standards in Section:

----

C --------------------------C -C ---

-P P P P ----P ------P --------------P

-------------------C -----------P

C --------C [1] C [1] C [1] --C [1] C [1] -C [1] ---C [1] C [1] C [1] -C [1] -------

2.9.4 2.9.12 2.9.12 2.9.12 2.9.12

PE P ---P P P --PE ---PE -------C --PE ------P P -P P P --

P -- P -- -- --- -P -- --- -- P -- -- -P -- P -- -- -P -- P -- -- --- P -- -- -- -Office Use Category -- -- -- C P P P -- -- -- C P P ---- -- -- -- P P P Commercial Use Category -- -- -- -- -- -- P -- -- -- -- -- P P -- -- -- -- -- P P -- -- -- -- P P C -- -- -- -- -- P --- -- -- C P P --- ----C -------P --------------------P -P P -C -C -P P -C -P

2.9.9

2.9.2 2.9.3

-- -- P -- -- C C -- P P -- C -- PE P -- -- C C P P -- -- P ------P --C P P P P P

2.9.6 2.9.7 2.9.8

-- --- --- --- --- --

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Article 2: Zoning Districts and Use Regulations Section 2.7: Principally Permitted Uses Subsection 2.7.2: Explanation of Table of Permitted Uses

Table 2.7-1: Permitted Principal Uses
Use Category and Use Type Base Zoning Districts
* Discontinued Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table

Special Base Zoning Districts AH-S I1-B* CD-S PI-S

Floating Zoning Districts NC-F ED-F C -C C C P ---C P C -P P --C ---P P -----C

R2-B*

R3-B*

R1-B

R4-B

N1-B

C1-B

Personal Services Private Clubs Restaurant Restaurant, Fast-Food Restaurant, Limited Service Retail Sales and Service Theaters

-- -- P P P C -P --- -- -- P P ------ -- -- P P --P --- -- -- PE P --C --- -- C P P --P --- -- P P P P -P P -- -- -- P P --P -Mixed Use Category Mixed Use (With Residential Uses) -- -- -- -- -- P C ----Mixed Use (Without Residential Uses) -- -- -- -- -- -- P ----Industrial, Manufacturing, Research, and Wholesale Use Automobile or truck repair, including -- -- -- -- -- -- C P ---body work Bakeries (Factory or Distribution) -- -- -- -- -- -- P P ---Bulk Storage of Liquids -- -- -- -- -- -- -- C ---Contractor Offices, Warehouses, and -- -- -- -- -- -- C P ---Yards Distribution Facilities -- -- -- -- -- -- P P ---Industrial Uses (Indoors) -- -- -- -- -- -- -- 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 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 -Laboratories Warehouses -- -- -- -- -- -- -- 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 Golf Course -- -- -- -- C -- -- -C -P Hospital -- -- -- -- -- -- P ---P Indoor Recreational Facilities -- -- -- -- -- -- C C C C C

----PE ---

--------

C2-B

Use-Specific Standards in Section:

C [1] -C [1] -C [1] C [1] -C [1] C [1] ----------------C [2] ----

2.9.14

2.9.11 2.9.11

2.9.5

2.9.10

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.1: Agricultural Use Category

Table 2.7-1: Permitted Principal Uses
Use Category and Use Type Base Zoning Districts
* Discontinued Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table

Special Base Zoning Districts AH-S I1-B* CD-S PI-S

Floating Zoning Districts NC-F ED-F

R2-B*

R3-B*

R1-B

R4-B

N1-B

C1-B

Open Space and Conservation Areas, P P P P P P P P P P P P P Open Space, Urban (Plazas) P P P -- P P P --P P P -Public Access to Rivers and Streams C C C C C C P C P C P -P Public and Semipublic Buildings C C C C C C P P C C P C [2] P Outdoor Recreational Facilities C C C -- C -- C -C P P --2.9.13 Religious Institutions C C C C C C C ----- C [2] -School (College, Seminary, or -- -- -- -- -- -- -- --P C --University) School (Elementary or Secondary) C C C -- C -- PE -C -P --School (Nursery or Kindergarten) C C C -- C -- C C C P P --School (Trade, Business, or Other) -- -- -- -- -- -- C C -P P --Public Facilities, Telecommunication, Utilities Use Category Essential Services P P P P P P P P P P P P P Public Transit Stations, Including Bus -- -- -- -- -- -- P ---P C [2] P Stops or Park and Ride Lots Regional Pipelines, Utility P P P P P P P P P P P P P Transmissions, and Relay Towers Telecommunication Facilities and C C C C C -- C P C C P C P 2.9.15 Antennae Utility Structures P P P P P P P P P P P P P NOTES: [1] This use shall not exceed 2,500 square feet in floor area. [2] The subject use shall be subject to maximum floor area requirements established during the conditional use permit.

2.8 2.8.1

Use Definitions
Agricultural Use Category
The agricultural use category is comprised of uses characterized by general active and on-going agricultural uses, activities, and related uses. An agricultural use, in general, use means the use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income. (A) Agricultural Buildings Any building or structure, existing or erected, which is used primarily for agricultural purposes, with the exception of dwelling units.

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.2: Group Living Use Category

(B)

Crop Raising and Forestry The growing and harvesting of legal agricultural crops and trees for commercial agricultural purposes. Forestry specifically means the use and management, including logging, of a forest, woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of wood roads, skidways, landings, and fences. Farm Implement Sales and Service An establishment selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. Stable and Raising of Livestock A detached accessory building for the raising and sheltering of horses and other livestock for the private use of the occupants of a principal dwelling and their guests. See also provisions for the keeping of chickens as an accessory use in Section 2.10, Accessory Uses and Structures. Wholesale or Commercial Plant Nurseries An establishment used for the growing, storage, and sale of legal garden plants, shrubs, trees, or vines for retail or wholesale sales.

(C)

(D)

(E)

2.8.2

Group Living Use Category
Residential uses characterized by a group of unrelated persons living in a group setting where there are shared bedroom, kitchen, and/or bathroom facilities and where the group is not living as a single housekeeping unit. (A) Boarding, Lodging, or Tourist Homes A building other than a motel or hotel that, for compensation and by prearrangement for definite periods, lodging and/or meals, for occupants or renters, are provided for three or more persons but not to exceed ten persons. Dormitories A building used principally to provide rooms for sleeping accommodations at an educational, public, or religious institution. Common kitchen, sanitary, and social gathering rooms may also be provided. Nursing and Convalescent Homes Any facility where the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more unrelated individuals, including facilities known by varying nomenclature or designation such as rest homes, convalescent homes, skilled care facilities, intermediate care facilities, extended care facilities and infirmaries. This does not include the home or residence of any individual who cares for or maintains only persons related to him or her by blood or marriage.

(B)

(C)

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.3: Household Living Use Category

(D)

Residential-Care, Licensed In-Home for 6 or Fewer Persons A licensed, public or private, residential care facility located in a residential dwelling unit that provides six or fewer persons with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the client's own home. Residential facilities include, but are not limited to, state institutions for human services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionally impaired adults, or schools for handicapped children. Residential-Care, Licensed for More than 6 Persons A licensed, public or private, residential care facility located in a residential dwelling unit that provides seven or more persons with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the client's own home. Residential facilities include, but are not limited to, state institutions for human services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionally impaired adults, or schools for handicapped children.

(E)

2.8.3

Household Living Use Category
Residential uses characterized by a family or group of unrelated persons living together as a single housekeeping unit. (A) Bed & Breakfast Establishments An owner-managed and owner-occupied residential structure used as a lodging establishment where rooms are rented on a nightly basis and in which breakfast is the only meal and is included as part of the basic compensation. All uses related to a boardinghouse and/or rooming house and/or a group facility, as defined in this article, shall be strictly prohibited as bed and breakfast establishments. Dwelling, Multi-Family (Apartment Building) A building designed to incorporate nine or more dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling. Dwelling, Multi-Family (Apartment House) A building designed to incorporate four to eight dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling. The apartment house is designed to appear as a large single-family dwelling unit rather than a traditional apartment building. Dwelling, Multi-Family (Rowhouse) A group of attached dwelling units, separated by fire walls, in which each residence has its separate exterior entrance and there is no internal access to adjacent dwelling units. Dwelling, Multi-Family (Upper Floors) A series of dwelling units, typically apartment units, that are located solely on the second or higher story of a building with the first floor dedicated to a nonresidential use. Dwelling, Single-Family Housing located on individual lots, physically unconnected with any adjacent homes, occupied by a single housekeeping unit.

(B)

(C)

(D)

(E)

(F)

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.4: Office Use Category

(G) Dwelling, Three-Family A building designed or intended for occupancy by three housekeeping units, each dwelling unit to be totally separated from the other by a wall or a ceiling. (H) Dwelling, Two-Family A building designed or intended for occupancy by two housekeeping units, each dwelling unit to be totally separated from the other by a wall or a ceiling. (I) Manufactured Home Park Any site, lot, field, or tract of land upon which two or more manufactured homes are located and includes any building, structure, vehicle, or enclosure intended for use as a part of the equipment of such manufactured home park. See also Section 327.14, Subdivision 3, of the Minnesota Statutes.

2.8.4

Office Use Category
Commercial uses that are generally not retail-oriented that are utilized to provide services to residents and business. (A) General Offices Establishments providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, employment, advertising, design, engineering, accounting, and similar uses. Medical or Dental Clinic or Offices Office or clinic uses concerned with the diagnosis, treatment, and care of human beings related to medicine or dental. This definition does not include hospitals or convalescent homes. Office/Business Service Uses Establishments primarily engaged in rendering services to office or business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; office equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.

(B)

(C)

2.8.5

Commercial Use Category
Establishments that contain businesses where the intent is of realizing profit from the sale of goods and services. (A) Adult Uses Adult uses mean any of the follow activities and businesses: (1) Adult Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape, or motion picture film if such building or portion of a building excludes minors because of age and if a substantial or significant portion of such items is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. Adult Carwash: A wash facility for any type of motor vehicle that allows employees, agents, independent contractors, or other persons to appear in a state of partial or total nudity in terms of specified anatomical areas.

(2)

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.5: Commercial Use Category

(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. 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. 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. 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. 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 imageproducing 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. 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. 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.

(4)

(5)

(6)

(7)

(8)

(9)

(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.
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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.5: Commercial Use Category

(12) Conversation/Rap Parlor: A conversation/rap parlor that excludes minors because of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (13) Massage Parlor and Health Club: A massage parlor or health club that restricts minors because of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (14) Miscellaneous Adult Use: Any establishment, business, or service whose products or services are substantially or significantly distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (15) Novelty Business: A business that has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (16) Sauna: A sauna that excludes minors because of age or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (17) Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors because of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. Animal Hospital/Veterinary Clinics A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to the veterinarian facility. Auto Service Stations A building, structure, or land used for the general repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, muffler, oil change and lubrication, tire service and sales, installation of accessory, or engine repair. Banks or Financial Institutions Establishments engaged in deposit banking. Banks and financial institutions may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, credit unions, and other similar uses. Banquet Halls A facility or building available for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for onpremises consumption during scheduled events not open to the public, and/or outdoor gardens, decks, or reception facilities.

(B)

(C)

(D)

(E)

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.5: Commercial Use Category

(F)

Bars, Taverns, Nightclubs A facility or building available for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for onpremises consumption during scheduled events not open to the public, and/or outdoor gardens, decks, or reception facilities.

(G) Boat, Trailer, or Recreational Vehicle Sales and Service Facilities where new or used boats, trailers, and/ recreational vehicles, in operational condition, are sold or leased to customers. (H) Car/Truck Washing Establishments The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. (I) (J) Commercial Truck Storage and Parking A lot or building used for the storage or temporary parking of commercial vehicles. Convenience Stores A retail store that caters to the motoring public where the sale of food items such as hot or cold drinks, prepackaged foods, and tobacco, road maps, magazines and other publications, automotive maintenance items such as brake fluid, oil, polishes, anti-freeze, and similar products, and other retail items that may be readily purchased. A convenience store does not sell gasoline or other fuels unless associated with a “gasoline station.”

(K) Drive-Through Establishments Any restaurant, financial institution, product- or service-vending enterprise where business is transacted through a window or other mechanical device with a patron who is in a vehicle. (L) Firearms Dealer Any person engaged in the sale, lease, trade, or other transfer of firearms or ammunition at wholesale or retail. Firearms dealer shall not include any person only in the business of repairing firearms.

(M) Funeral Homes A building, or part thereof, used for human funeral services and which may include space for the embalming and other services used in the preparation of the dead for burial, the storage of caskets, funeral urns, and other related supplies, the storage of funeral vehicles, facilities for cremation, chapels, and other related uses. (N) Gasoline Station (Fuel Sales) A facility for the retail sales of unleaded and diesel gasoline.

(O) Greenhouses, Garden, and Landscaping Sales and Service Facilities that may include greenhouses (glassed or translucent enclosures used for the cultivation and protection of plants) and where the primary business is the sale of plants, landscaping materials, and related products. (P) Hotel, Motel, Extended Stay Establishments A building in which temporary lodging, with or without meals, is offered for compensation and in which there are individual sleeping rooms.

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.6: Mixed Use Category

(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. 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. 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. 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. 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.

(S)

(T)

(U)

(V)

(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. 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. Theaters A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.

(Y)

(Z)

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.

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.7: Industrial, Manufacturing, Research, and Wholesale Use

(A)

Mixed Use (With Residential Uses) A lot or building that contains a mixture of uses that are permitted in the applicable zoning district but that exclude any uses permitted in the agricultural use category but does include residential dwelling units. Mixed Use (Without Residential Uses) A lot or building that contains a mixture of uses that are permitted in the applicable zoning district but that exclude any uses permitted in the agricultural, group living, or household living use categories.

(B)

2.8.7

Industrial, Manufacturing, Research, and Wholesale Use
Business uses associates with the manufacturing, processing, servicing, and storage of goods and materials. This use category may also include uses such as truck distribution and research facilities that have related impacts but do not necessary involve manufacturing of products. (A) Automobile or Truck Repair, Including Body Work A facility that provides service and collision repair services, including body frame straightening and repair, replacement of damaged parts, and painting. Bakeries (Factory or Distribution) A facility for the production of wholesale baked goods but where over-the-counter retail dispensing of said baked goods is prohibited. Bulk Storage of Liquids A use associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids. Contractor Offices, Warehouses, and Yards A use where there may be enclosed and/or enclosed storage of construction materials for contracting jobs, construction equipment and related materials and where there may also be office space associated with the contracting business. Such use shall not include the retail sale of materials. Distribution Facilities A use where goods are received and/or stored for delivery to the ultimate customer or user at remote locations. Industrial Uses (Indoors) A facility for the manufacturing, processing, or assembly of products within a fully enclosed structure where noise, odor, light, or vibrations is not noticeable from the adjacent properties.

(B)

(C)

(D)

(E)

(F)

(G) Industrial Uses with Outdoor/Open Storage of Parts, Products, or Fuels (1) Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials and also uses engaged in the operation, parking, and maintenance of vehicles, cleaning of equipment or work processes involving solvents, recycling establishments, truck terminals, public works yards, and container storage. Outdoor/open storage of parts, products, or fuels (exterior storage) means any land used or occupied for the purpose of for the storing of the goods, materials used for the principal industrial use.
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(2)

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.8: Public Facilities, Telecommunication, Utilities Use Category

(H) Lumberyards and Construction Material Sales Lots and related structures use for the sale of construction materials, lumber, and related materials that may or may not be within an enclosed structure. (I) Mining, Extraction, and Aggregate Processing (1) Mining means the extraction of sand, gravel, rock, soil or other material from the land and either the removing thereof from the site or processing the extracted materials. The only exclusion from this definition shall be removal of materials associated with construction of a building (e.g. removal of soil and rock for footings and basements), provided such removal is an approved item in the building permit.

(2)

(J)

Extraction means any artificial or mechanical act by which earth, sand, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or moved and shall include the conditions resulting therefrom, including but not limited to gravel pits and not including the impacts of such operation. Mini-Warehouses A building or group of buildings in a controlled access compound that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer’s goods or wares. Such facilities do not include sales, service, or storage of hazardous materials.

(K) Outdoor Storage and Sales of Material, Wholesale A facility or lot used for the outdoor sales and storage of materials that are to be used for construction or for manufacturing processes. (L) Recycling of Aggregate Material A facility or site used to recycle aggregate materials such as concrete, asphalt, and other composite materials.

(M) Research and Development, Laboratories A facility for that includes offices and laboratories for operation and/or functioning of a research and development facility. (N) Warehouses Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public unless permitted as an accessory use to the warehouse. See also the definition of “Mini Warehouses.”

(O) Wholesale Commercial Use The sale of merchandise to retail and service commercial uses, office uses, or institutional uses, or to other wholesalers, but not to the general public. Wholesale commercial uses may also mean acting as an agent or broker in the buying or selling of merchandise.

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.8: Public Facilities, Telecommunication, Utilities Use Category

2.8.8

Public Facilities, Telecommunication, Utilities Use Category
(A) Essential Services Essential services means overhead or underground electrical, gas, steam or water distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, and accessories in connection therewith, but not including buildings. Telecommunication Facilities and Antennae A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals and telecommunication towers or similar structures supporting the equipment, equipment buildings, parking areas, other accessory development and related equipment. Public Transit Stations, including Bus Stops or Park and Ride Lots Lots or structures used for mass transit stops, bus stops, and related transit activities, including structures for bus storage and maintenance. Such use shall also include parking lots for the purpose of carpooling or parking for the transit stops. Regional Pipelines, Utility Transmissions, and Relay Towers Transportation facilities for the conveyance of water, gas, electric, and other commodities across the city or region without providing service to the ultimate consumer. Such facilities shall include the pipelines, transmission lines, towers, and related structures for the transportation of the commodity. Utility Structures Aboveground buildings, structures and facilities owned and operated by a public or private utility company, furnishing utilities, including but not limited to electricity, cable television, gas, telephone, water, sewer, and public transit to the public, such as pumping stations, substations, transmitters and receivers, towers, well houses, valves, and generating and switching stations.

(B)

(C)

(D)

(E)

2.8.9

Public, Institutional, or Recreational Use Category
Uses that are related to government provided services, non-profit services, institutional uses, and the recreational field. (A) Campground Temporary or permanent buildings, tents, or other structures established or maintained as a temporary living quarters, operated continuously for a period of five days or more for recreation, religious, education or vacation purposes. Cemetery Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

(B)

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Article 2: Zoning Districts and Use Regulations Section 2.8: Use Definitions Subsection 2.8.9: Public, Institutional, or Recreational Use Category

(C)

Cultural Institutions Public or private facilities use for display, performance, or enjoyment of heritage, history, or the arts. This use includes, but is not limited to, museums, libraries, art performance venues, cultural centers, and interpretative sites but does not include “theaters.” Day Care Facilities A facility providing care for children, the elderly, or functionally impaired adults in a protective setting for a portion of the day. Golf Course A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses. Hospital An institution which provides inpatient and outpatient medical and/or surgical care to sick or injured persons.

(D)

(E)

(F)

(G) Indoor Recreational Facilities Indoor Recreational Facility shall mean public or private recreational facilities located completely within an enclosed building that includes, but is not limited to, bowling alleys, roller and ice skating rinks, and driving ranges. (H) Open Space and Conservation Areas Parks or open spaces where there is no grading of the land, the construction of facilities, lighting, or development of ball fields with the exception that passive parks, recreational facilities, and conservation areas may include the development of trails and sidewalks. (I) Open Space, Urban (Plazas) Open spaces that are strategically placed to serve a specialized community function. An urban open space is for active use and may be configured as a formal green, square, plaza, park, playground, or community garden. A preserve open space allows only passive recreational uses and may be a project boundary buffer or above-ground stormwater management area or a natural area worthy of preservation. Public Access to Rivers and Streams Shall mean land or facilities that provide a point of access to rivers and streams for public use including, but not limited to, access for boating, swimming, and fishing where allowed by law.

(J)

(K) Public and Semipublic Buildings Public or civic uses of special significance to residents, employees, or visitors. Public and semipublic buildings are used for the following purposes: community services, day care, education, government, places of worship, or social services Public and semipublic buildings do not include retail buildings, residential buildings, or buildings with private offices. (L) Outdoor Recreational Facilities An park or recreational facility that requires grading of the land, construction of facilities, lighting, or is developed for ball fields, tennis courts, swimming pools, skate parks, disc golf, golf courses and other active sports facilities with the exception of bike and hike trails.
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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.1: Purpose and Applicability

(M) Religious Institutions A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. (N) School (College, Seminary, or University) Public or other not-for-profit schools conducting regular academic instruction at the college level, including graduate schools, universities, community and junior colleges, colleges, non-profit research institutions, seminaries, and religious institutions, and including related instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. Such schools must either: (1) (2) (3) Offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or Confer degrees as a college or university, junior college or community college with undergraduate or graduate standing, or Conduct research, or

(4) Give religious instruction. This definition does not include schools, academies or institutions, incorporated or otherwise, which operate for profit, nor does it include commercial, trade or business schools. (O) School (Elementary or Secondary) Buildings or structures used to teach students that may include primary schools, elementary schools, middle schools, or high schools. Elementary or secondary schools shall not include, colleges, vocational schools, and other similar uses. (P) School (Nursery or Kindergarten) A school providing general daytime care and/or instruction for children 12 years of age or younger which conducts no instructional programs certified by the State Board of Education as meeting the minimum educational requirements for compulsory-age children (ages 6-18 years).

(Q) School (Trade, Business, or Other) A school operated for profit, which teaches business, professional or technical trades or skills, or a school not otherwise included within the provisions of this Code.

2.9
2.9.1

Use-Specific Standards
Purpose and Applicability
(A) (B) This section provides site planning, development, and/or operating standards for certain land uses that are permitted or conditionally permitted in Table 2.7-1. The land uses and activities covered by this section shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this Code.

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.2: Adult Uses

2.9.2

Adult Uses
(A) Purpose (1) The state attorney general prepared a report entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989. The report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses, also called adult establishments. The attorney general's report, based upon the studies referenced in paragraph (1) concluded that: (a) (b) Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transience, and decreased stability of ownership; The adverse impacts that adult uses have on surrounding areas diminish as the distance from the adult use increases; Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; The adverse impacts of adult uses are exacerbated when the uses are located near each other; and The presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood.

(2)

(c) (d)

(e) (f) (g) (3) (4)

The City Council finds that the characteristics of the city are similar to those of the cities cited by the report when considering the effects of adult uses. The City Council finds, based upon the report and the studies cited therein, that adult uses will have secondary effects upon certain pre-existing land uses within the city.

(5)

(B)

The City Council finds that adult uses could reasonably be allowed in an industrial district if separated from certain sensitive land uses, if those same sensitive land uses are not allowed in an industrial district, and if potential adult uses are separated from one another. The City Council also finds that there are a reasonable number of distinct locations within the city's industrial districts where adult uses might locate and meet reasonable spacing standards from sensitive land uses and from one another. Location of Adult Uses Table 2.9-1 illustrates the minimum setbacks for adult uses from certain specified uses and districts. Measurements shall be made in a direct line from the nearest point on the property line of each premise where such use is located.

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.3: Auto Service Stations

Table 2.9-1: Adult Use Setback Requirements
Setback Distance 400 Feet 400 Feet From Nearest lot line of any residential zoning district, existing residential use, or PD-O district. Day care center, school, youth organization facility, establishment with a liquor license, library, park, religious institution, playground or other public recreational facility, not including trails or walkways. Nearest lot line of any other adult use.

500 Feet

2.9.3

Auto Service Stations
The layout of a service station site and its site features shall comply with the following standards. (A) Site Access and Driveways (1) (2) Curb cuts for service station driveways shall be separated by a minimum of 30 feet from edge-to-edge. A driveway shall not be located closer than 50 feet to the end of a curb corner nor closer than 25 feet to an interior lot line. See Section 3.8.12, Driveways and Site Access.

(B)

(3) The width of a driveway shall not exceed 26 feet, measured at the sidewalk. Setback Requirements (1) (2) Pump islands shall be located a minimum of 15 feet from any lot line to the nearest edge of the pump island.

(C)

A canopy or roof structure over a pump island shall be set back a minimum of 10 feet from any lot line. Pavement A service station site shall be paved with a permanent surface of concrete or asphalt material. Any unpaved portion of the site shall be landscaped and separated from the paved area by curbs or other barrier. Solid Waste and Recyclables Storage (1) The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable federal, state, and local requirements. Outdoor solid waste and recyclable storage areas shall be screened in accordance with Section 3.6, Landscape, Screening, and Buffering Standards.

(D)

(2)

2.9.4

Bed and Breakfast Establishments
Bed and breakfast establishments are subject to the following standards: (A) (B) The owner shall reside on the property. The establishment shall comply with the city rental ordinance in Article III of Chapter 14 and liquor license regulations in Chapter 6, both chapters from the municipal code.

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.5: Bulk Storage of Liquids

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.

(C)

2.9.5 2.9.6

Bulk Storage of Liquids
The bulk storage of liquids shall be subject to all applicable local, state, and federal laws.

Day Care Facilities
(A) (B) Day care facilities shall be subject to all standards of this Code and requirements imposed by the State of Minnesota. 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. 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. 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. A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential district.
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(2)

(3)

(4)

City of Northfield, Minnesota DRAFT 3-31-09

Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.7: Drive-Through Establishments

(B)

Stacking Space and Lane Requirements (1) The number of required stacking spaces shall be as provided for in Table 2.9-2. See Figure 2-1 for illustration of stacking spaces: Table 2.9-2: Stacking Space Requirements
Activity Minimum Stacking Spaces (per lane) 3 Measured From: Teller or Window

Bank, Financial Institution or Automated Teller Machine (ATM) Restaurant Full Service Car/Truck Wash Self-Service or Automated Car/Truck Wash Fuel or Gasoline Pump Island Other

6 Pick-Up Window 6 Outside of Washing Bay 2 Outside of Washing Bay 2 Pump Island As determined by the City Planner

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) (b) Drive-through stacking lanes shall have a minimum width of ten feet. 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. Stacking lanes shall be set back 25 feet from right-of-ways.

(c)

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.8: Firearms Dealers

(C)

Menu Board Signs (1) One menu board sign for each stacking lane shall be allowed provided it does not exceed 35 square feet in sign area. Any additional attachments such as pictures or photographs of food and other items shall be included within the maximum signage area. Menu board signage shall not be included in the total calculated allowed signage for a property under Section 3.7, Signage. No menu board sign shall exceed seven feet in height measured from the grade of the adjacent driving surface to the top of the sign. All menu board signs shall be internally illuminated. Menu boards shall be reviewed and approved as part of the zoning certificate for the drive-through establishment or, when a menu board is to be added, as part of a separate zoning certificate application. Landscaping shall screen the base of all menu board signs, as regulated by Section 3.6, Landscape, Screening, and Buffering Standards.

(2) (3) (4) (5)

(6)

2.9.8

Firearms Dealers
(A) Firearms dealers shall be located at least 500 feet from residential dwellings, religious institutions, schools (Grades K through 12), child care centers, residences, family or group family day cares, libraries, or parks. No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from any public right-of-way. Firing ranges shall be prohibited. The use shall meet all applicable standards mandated by Minnesota statutes. A firearms dealer in conformance with these regulations as of the effective date of this Code shall be permitted to continue as a nonconforming use in accordance with the provisions for non-conforming uses and structures. Public Health Standards Public health standards for manufactured home parks shall be as follows: (1) The condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion shall be subject to unpredictable and/or sudden flooding. All manufactured homes shall be properly connected to a central water supply and a central sanitary sewer system. All water and sewer systems shall be constructed in accordance with plans and specifications approved by the city and the state department of health. The storage, collection, and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards, or air pollution.

(B) (C) (D) (E)

2.9.9

Manufactured Home Parks
(A)

(2)

(3)

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.9: Manufactured Home Parks

(B)

Streets in the R4-B District (1) All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads. Each manufactured home lot shall be provided access by a system of private streets, driveways, or other means of access within the park. Entrances to manufactured home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No vehicle parking shall be permitted on the park entrance street for a distance of 100 feet from its point of intersect with a public street. Private surfaced roadways within the park shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements: (a) All streets shall meet the street width requirements for a local street (residential) as defined in Section 3.11.3, Streets, unless they are minor streets that are no than 500 feet long and serves less than 25 manufactured homes. In such cases, the minor street shall have a minimum width of 20 feet. Dead-end streets shall be limited in length to 500 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 90 feet. All dead-end streets shall be marked with approved signs at the entrance to the dead-end street.

(2)

(3)

(b)

(4)

All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained in a satisfactory condition. (a) Longitudinal grades of all streets shall range between 0.40 percent and 8.00 percent. Transverse grades of all streets shall be sufficient to ensure adequate transverse drainage. Streets within 50 feet of an intersection shall be at right angles. A distance of at least 85 feet shall be maintained between the centerlines of offset intersecting streets within the park. Intersections of more than two streets at one point shall be avoided.

(b) (c)

(C)

Sidewalks (1) (2) Each manufactured home stand shall have a sidewalk or other walkway connecting the stand to the public street and any sidewalk or public walk system.

(D)

A common sidewalk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such sidewalks shall have a minimum width of five feet. Other Design Standards (1) (2) Lighting in a R4-B district shall be subject to the standards of Section 3.3.3, Outdoor Lighting Standards. Each manufactured home stand shall have off-street parking space for at least two automobiles. Spaces shall meet the minimum design standards of Section 3.8, OffStreet Parking, Loading, and Mobility.
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City of Northfield, Minnesota DRAFT 3-31-09

Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.9: Manufactured Home Parks

(3)

A properly landscaped area shall be adequately maintained around each manufactured home park. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(4) (E)

All manufactured home parks shall be subject to the landscaping and screening requirements of Section 3.6, Landscape, Screening, and Buffering Standards. Manufactured Home Stands (1) The general design standards for manufactured home stands are as follows: (a) (b) Each park may have up to 200 manufactured home stands. The manufactured home stand shall provide for the practical placement of the manufactured home and removal of the manufactured home from the manufactured home space. Access to the manufactured home stand shall be kept free of trees or other immovable obstructions. The manufactured home stand shall be constructed of appropriate material (such as concrete), be properly graded, placed and compacted in order to provide durable and adequate support of the maximum loads during all seasons of the year. The manufactured home stand shall react as a fixed support and remain intact under the weight of the manufactured home due to frost action, inadequate drainage, vibration, wind, or other forces acting on the structure. Adequate surface drainage shall be obtained by proper grading of the manufactured home stand and the manufactured home space. Manufactured home stands shall not occupy an area in excess of one-third of the respective manufactured home space. Ground anchors shall be installed by the lot owner or developer at each manufactured home stand, prior to or when the manufactured home is located thereon to permit tiedowns of the manufactured home. Ground anchors shall meet manufacturer’s recommendations and applicable administrative rules of the State of Minnesota. Every owner or occupant of a manufactured home shall secure the same against wind damage, and every owner, operator or person in charge and control of a manufactured home park shall inspect and enforce this requirement. The frame, wheels, crawl space, storage areas, and utility connections of all manufactured homes shall be concealed from view by skirting made of durable all-weather construction material that is consistent with the exterior of the manufactured home. Installation of the skirting must be completed within 60 days of the placement of the manufactured home on the stand. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities.

(c) (d)

(e) (f)

(g)

(h)

(2)

The dimensional requirements for manufactured homes and manufactured home stands shall be as follows: (a) There shall be a minimum lot width of 35 feet.

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.10: Mining, Extraction, and Aggregate Processing

(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. There shall be a minimum setback of 20 feet from all other manufactured homes or principal buildings in the park. The setback between manufactured homes and accessory buildings shall be five feet.

(c) (d) (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.

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. The operator shall notify park occupants of all applicable subsections of this section and inform them of their duties and responsibilities under this Section. 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. No public address or loudspeaker system shall be permitted.

(2)

(2) (3)

(4)

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.

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.10: Mining, Extraction, and Aggregate Processing

(B)

Scope The following operations shall be covered by this section: (1) (2) The removal, crushing, washing, refining, borrowing or processing of material. 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.

(C)

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. 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. 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.

(3)

(b)

(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. Safety fencing may be required around all or portions of the mining operation. 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. 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. 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. All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. 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.

(3) (4)

(5)

(6)

(7) (8)

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.11: Mixed-Use Projects

(9)

Mining operations within the WS-O zoning district shall be conducted in accordance with the following: (a) (b) Commercial manufacturing of sand and gravel byproducts shall be a prohibited use. 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 No sand and gravel operation shall be conducted on parcels of land or a combination of parcels less than 20 acres.

(c)

(D)

(10) Stormwater and process water runoff from the site shall be treated so as not to degrade received waters. 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. 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. 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. 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)

(3)

(4)

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.

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.11: Mixed-Use Projects

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.

(A)

Design Considerations A mixed-use project shall be designed to achieve the following objectives. (1) (2) The design shall provide for internal compatibility between the residential and nonresidential uses on the site. Potential glare, noise, odors, traffic, and other potential nuisance conditions for residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site. The design shall ensure that the residential units have privacy from other uses on the same or adjacent site. Site planning and building design shall provide for convenient pedestrian access from the public street into the nonresidential portions of the project, through such means as courtyards, plazas, walkways, and street furniture.

(3) (4)

(5)

(B)

Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials, landscaping, lighting, roof styles, scale, and signage. Site Layout and Project Design Standards Each proposed mixed-use project shall comply with the property development standards of the applicable zone, and the following requirements.

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.12: Multi-Family Dwellings

(1) (2) (3)

The use of shared parking provisions shall be incorporated into mixed-use projects in compliance with Section 3.8.8 (C), Shared Parking. Commercial loading areas shall be located away from residential units and shall be screened from view.. 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.

(C)

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. 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. 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. Each facade adjacent to a street shall have at least one pedestrian entry into the structure. No more than 40 percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement. 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. 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.). Multi-family dwellings (apartment houses) may have common interior entries or separate exterior entries to each individual unit. 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.

(4)

2.9.12

Multi-Family Dwellings
(A)

(B) (C) (D) (E)

(2) (3)

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.13: Outdoor Recreational Facilities

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. (F) Open Space Common open space shall be provided in an amount as specified in Table 2.9-3. Open yard areas may count toward this requirement. Table 2.9-3: Open Space Requirements
Number of Dwelling Units 3 or 4 Units 5 to 10 Units 11 or More Units Minimum Common Open Space Required per Unit 300 square feet 200 square feet 100 square feet

2.9.13

Outdoor Recreational Facilities
Outdoor recreational facilities may only be considered for a conditional use permit in the R1-B, R2-B, R3-B, N1-B, and AH-S when it is accessory to a school.

2.9.14

Retail Sales and Service
Retail sales and service may be permitted in the I1-B and ED-F districts provided that the total square footage of retail sales is limited to a maximum of 20% of the total floor area and is related to items manufactured on site.

2.9.15

Telecommunication Facilities and Antennas
(A) Purpose In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the city council finds that this section is necessary in order to: (1) (2) (3) (4) Facilitate the provision of telecommunication services to the residents and businesses of the city; Minimize adverse visual effects of towers through careful design and siting standards; Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

(B)

Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas. Exemptions The following telecommunication facilities and antennas shall be exempt from these zoning requirements: (1) (2) A single ground- or building-mounted antenna for the sole use of the resident occupying a residential parcel with a height not exceeding 40 feet; A ground- or building-mounted citizens band radio antenna, including any mast, if the height (post and antenna) does not exceed 35 feet;

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.15: Telecommunication Facilities and Antennas

(3) (4)

A ground- or building-mounted satellite dish antenna subject to the provisions for accessory satellite dishes in Section 2.10, Accessory Uses and Structures.

(C)

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. 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, AHS, 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) (b) (c) (2) (3) Church sites, when camouflaged as steeples or bell towers. Antennas and all other associated structures shall also be camouflaged; Park sites, when compatible with the nature of the park, provided that the requirements of Section 2.9.15 (F) (2) are met; and Government, school, utility and institutional sites.

No tower supporting commercial antennas, the construction of which is permitted as a conditional use by this section, shall exceed 120 feet in height. 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.

(D)

Equipment buildings, shelters or cabinets shall comply with the accessory building setbacks for the residential zoning district in which it is located. Towers in All Other Districts (1) (2) (3) Towers supporting commercial antennas are prohibited in the C1-B district. Towers supporting commercial antennas and conforming to all applicable sections of this article shall be allowed in the C2-B as a conditional use. 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. 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.

(4)

(4)

(5) (E)

Equipment buildings, shelters or cabinets shall comply with the principal building setbacks for the commercial zoning district in which it is located. Location Requirements All commercial, wireless telecommunication facilities erected, constructed, or located within the city shall comply with the following requirements:

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.15: Telecommunication Facilities and Antennas

(1)

Priority of Location The following establishes the order of priority for locating new commercial, wireless telecommunication facilities. A proposal for such facilities shall not be approved on any of the following locations unless the applicant shows and the city finds that the applicant is unable to locate the facilities on any location which has a higher priority: (a) (b) (c) (d) Place antennas and towers on sites where other public facilities are located or planned. Place antennas and towers on private institutional property and structures. Place antennas on other appropriate existing structures such as buildings, communications towers, water towers and smoke stacks. Place antennas on new towers on other private property.

(2)

Collocation Towers shall be collocated as follows: (a) A proposal for a new commercial wireless telecommunication tower shall not be approved unless the city finds that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius from the point of the proposed tower for towers in excess of 100 feet in height, within a onehalf-mile search radius for towers of 80 to 100 feet in height, and within a one-quarter-mile search radius for towers 80 feet and lower in height, due to one or more of the following reasons:
(i) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. The planned equipment would cause interference materially impacting the feasibility of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer approved by the city, and the interference cannot be prevented at a reasonable cost. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer approved by the city. Other unforeseen reasons exist that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower or building.

(ii)

(iii)

(iv)

(b) (c)

It shall be the responsibility of the applicant to provide, at no cost to the city, an inventory of available structures in the subject area to the city. Any proposed commercial wireless telecommunication service tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional uses if the tower is over 100 feet in height or at least for one additional use if
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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 citygovernment-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. 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. 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. 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. 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.

(e)

(f)

(g)

(h)

(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; 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; 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
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(2)

(3)

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.15: Telecommunication Facilities and Antennas

on a multiple-user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, or technical evidence acceptable to the city is submitted showing a clear need for the facility and the infeasibility of collocating it on one of the existing sites; and No commercial telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the city is submitted showing a clear need for the facility and the unfeasibility of collocating it on one of the existing sites. (G) Roads and Parking All telecommunication facilities, except exempt facilities as identified in Section 2.9.15 (B), Exemptions, shall be served by the minimum roads and parking areas necessary. 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) Existing roads shall be used for access, whenever possible, and shall be upgraded the minimum amount necessary to meet standards specified by the fire chief and public works director/city engineer. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the fire chief and the public works director/city engineer. Existing parking areas shall, whenever possible, be used. (4)

(2) (3)

Any new parking areas constructed shall comply with the parking standards established in article IV of this section. (H) Landscaping and Screening Vegetation protection and facility screening of commercial telecommunication facilities. All telecommunication facilities, except exempt facilities as identified in Section 2.9.15 (B), Exemptions, shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. 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) Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented: (a) A tree preservation plan, which meets the requirements of the city tree preservation policy, shall be submitted with the conditional use permit application or building permit; Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited in landscaped areas; and All underground lines shall be routed such that a minimum amount of damage is done to the tree's essential root systems.

(b) (c)

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(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. 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.

(3)

(I)

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. 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) (2) (3) Potential adverse visual impacts which might result from project-related grading or road construction shall be minimized; Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized; and

(4)

(J)

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. 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; 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 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.

(2)

(3)

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Article 2: Zoning Districts and Use Regulations Section 2.9: Use-Specific Standards Subsection 2.9.15: Telecommunication Facilities and Antennas

(K) Visual Compatibility All telecommunication facilities, except exempt facilities as identified in Section 2.9.15 (B), Exemptions, shall be constructed and sited so as to minimize the visual effect of such facilities on the surrounding area. 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) Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community; The facility shall be designed to blend with any existing supporting structure and shall not substantially alter the character of the structure or local area; Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner; and

(2) (3) (4)

(L)

A visual analysis, which may include photo montage, field mockup, or other techniques, shall be prepared and submitted by or on behalf of the applicant in conjunction with an application for a conditional use permit or a building permit, which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. Antennas Mounted on Roofs, Walls, Existing Towers and Appropriate Structures Antennas mounted on roofs, walls, existing towers and appropriate structures shall be subject to the following: (1) The placement of commercial wireless telecommunication antennas on roofs, walls, and existing towers and other structures may be approved by the zoning administrator subject to the following: (a) (b) (c) (d) The antenna must meet the requirements set forth in this section; The existing structure upon which placement of an antenna is proposed must be conforming to all applicable sections of this article; A site and building plan as required by the city must be submitted; and A report prepared by a qualified and licensed professional engineer approved by the city indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure, is submitted and approved by the city. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

(2)

The placement of commercial wireless telecommunication antennas on roofs, walls, and existing towers and other appropriate structures that are subject to an existing conditional use permit shall be permitted subject to the following:

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(a) (b)

The existing structure must be in full compliance with such conditional use permit. 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. 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. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. Sufficient anti-climbing measures must be incorporated into the facility, as needed, to reduce potential for trespass and injury.

(2)

(3) (4) (5)

(N)

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. 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. 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.

(2)

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Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.1: Purpose

(O) Measurement of Tower Height The height of tower shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop structure to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and the tower must meet the height restrictions set forth in this article for the particular zoning district. (P) Review Procedure (1) It shall be unlawful for any person to erect, construct, place, re-erect, replace, or repair any tower without first making application for a zoning certificate prior to applying for a building permit. If a conditional use permit is required for a requested tower, the requirements of Section 5.5.9, Conditional Use Permit shall apply. Site plan review will be required for all towers that are listed as a permitted use in the applicable zoning district. The applicant shall provide, at the time of application, sufficient information to indicate the construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons. Adjustment or replacement of the elements of an antenna already affixed to a tower or antenna shall not require a permit, provided that the replacement does not reduce the safety factor. The City Planner shall issue a decision related to the zoning certificate application upon review of all required materials listed in this section and shall respond to the request in an expeditious and reasonable timeframe.

(2) (3) (4)

(5)

2.10
2.10.1

Accessory Uses and Structures
Purpose
This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses while not creating adverse impacts on surrounding lands.

2.10.2

General Provisions
(A) Only one accessory structure (not including fencing) shall be allowed on any parcel in addition to a detached garage, except where a site is two times or more the minimum lot area required for a new parcel in the applicable zone; in such case, two accessory structures shall be permitted. Fencing and walls shall not be subject to the requirements of this section. Standards for fencing and walls are established in Section 3.3.1, Fencing and Walls. An accessory use structure shall be incidental to the primary use of the site, and shall not alter the character of the primary use. Accessory structures shall only be constructed concurrent with or after the construction of the primary structure on the same site. Small accessory structures such as doghouses, benches, and garden decorations shall be exempt from the provisions of this section provided they do not occupy more than 12 square feet.

(B) (C) (D) (E)

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Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.2: General Provisions

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) (b) An accessory structure shall not be located within a front yard. 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. 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. An accessory structure shall maintain at least a five-foot separation from other accessory structures and the principal building. Unless otherwise state, the maximum height of a detached accessory structure shall be 10 feet with the exception of detached garages. Detached garages shall not exceed 18 feet or 24 feet if the structure includes an accessory dwelling unit. 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. Up to two accessory buildings may be permitted on a single lot. Accessory buildings shall not occupy more than 25 percent of the rear yard. 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. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

(F)

(c)

(d) (2)

Height Limit (a) (b) (c)

(3)

Maximum Number, Coverage, and Size (a) (b) (c)

(d)

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Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.3: Permitted Accessory Uses

(e) (f)

Detached sheds on residential properties shall not be larger than 140 square feet.. 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. 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 usespecific 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. Prohibited Uses A cell with a “--" or a blank cell indicates that the listed use type is prohibited in the respective zoning district. 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. 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.

(2)

(3)

(4)

(5)

Table 2.10-1: Permitted Accessory Uses and Structures
Use Category and Use Type * Discontinued Zoning District P = Permitted Use C = Conditional Use Base Zoning Districts Special Base Zoning Districts AH-S I1-B* CD-S PI-S Floating Zoning Districts NC-F ED-F P --

R2-B*

R3-B*

R1-B

R4-B

N1-B

C1-B

Accessibility Ramps Accessory Dwelling Units
City of Northfield, Minnesota DRAFT 3-31-09

P P

P --

P --

P --

P P

P --

P --

C2-B

Use-Specific Standards in Section:

P --

P --

P --

P --

P P

2.10.4 (A) 2.10.4 (B)
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Table 2.10-1: Permitted Accessory Uses and Structures
Use Category and Use Type * Discontinued Zoning District P = Permitted Use C = Conditional Use Base Zoning Districts Special Base Zoning Districts AH-S I1-B* CD-S PI-S Floating Zoning Districts NC-F ED-F

R2-B*

R3-B*

R1-B

R4-B

N1-B

C1-B

Amateur Radio Towers P P P P P P P P P P P P P 2.10.4(C) Detached Garages P P P P P P P P P P P P P Detached Storage/Utility Sheds, P P P P P -- P P P P P P P 2.10.4 (D) Gazebos, and other Similar Structures Home Businesses [1] P -- -- P P -- -- -- P --P -2.10.4 (E) In-Home Day Care P -- -- -- P -- -- -- P --P -2.10.4 (F) Keeping of Chickens (on less than P P P P P -- -- -- P ----2.10.4 (G) 5 acres) Outdoor Wood Fire -- -- -- -- -- -- -- -- C ----2.10.4 (H) Boilers/Furnaces Patio Covers, Porches, and Decks P P P P P -- -- -- P --P -2.10.4 (I) Playsets P P P P P P P -- P P P --Satellite Dishes P P P P P P P P P P P P P 2.10.4 (J) Solar Energy Systems P P P P P P P P P P P P P 2.10.4 (K) Swimming Pools, Hot Tubs, and 2.10.4 (L) P P P P P -- -- -- P P P P -Spas Tennis and Other Recreational 2.10.4 (M) P P P P P -- -- -- P P P P -Courts Small Wind Energy Turbines3 2.10.4 (N) Medium Wind Energy Turbines 2.10.4 (N) Large Wind Energy Turbines 2.10.4 (N) Note: [1] Home business that employs people who do not reside at the home may be permitted with a conditional use permit.

2.10.4

Standards for Specific Accessory Uses and Structures
The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of Section 2.10.2, General Provisions, as applicable. (A) Accessibility Ramps Ramps that provide access to buildings for the disabled are permitted in all zoning districts and may encroach in all setbacks but shall not encroach on a public sidewalk, right-of-way, or street.

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.
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C2-B

Use-Specific Standards in Section:

Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.4: Standards for Specific Accessory Uses and Structures

(B)

Accessory Dwelling Units This section is intended to allow the creation of accessory dwelling units on existing lots in residential zoning districts that already contain one legally created dwelling unit under the following provisions: (1) (2) There shall be a minimum lot area of 8,000 square feet. An accessory dwelling unit may be created by the: (a) (b) (c) (d) Conversion of an attic, basement, garage, or other previously uninhabited portion of a residential structure; Addition of separate unit onto an existing residential structure; or Construction of a separate structure on a lot in addition to an existing dwelling. See Figure 2-4 .4 A manufactured home, recreational vehicle, or other moveable habitable space that does not comply with the Building Code shall not be used as a second unit. A modular unit placed on a permanent foundation may be used as an accessory dwelling unit in compliance with this section.

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.
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Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.4: Standards for Specific Accessory Uses and Structures

Figure 2-4: This image shows detached garages (facing onto an alley prior to the completion of the homes on the opposing street) with some two-story garages that accommodate an accessory dwelling unit. (3) Accessory Dwelling Unit Development Standards (a) (b) (c) (d) (e) (f) Only one accessory dwelling unit shall be permitted on a lot. Accessory dwelling units shall be exempt from the minimum lot size or any density calculations in the applicable zoning district. An accessory dwelling unit shall contain separate kitchen and bathroom facilities. An attached accessory dwelling unit shall have an entrance separate from the primary dwelling. An accessory dwelling unit shall not exceed 800 square feet or 25 percent of the floor area of the primary dwelling, whichever is greater. One accessible off-street parking space shall be provided for each accessory dwelling unit in addition to the off-street parking spaces required for the primary dwelling in Section 3.8, Off-Street Parking, Loading, and Mobility. Each accessory dwelling unit shall be constructed so as to be compatible with the existing primary dwelling, as well as the surrounding neighborhood in terms of design, form, height, materials, and landscaping. A detached accessory dwelling unit shall be separated from the primary dwelling by a minimum distance of 10 feet.

(g)

(h) (4) (C)

An accessory dwelling unit may be rented if it complies with Chapter 14 of the Northfield Municipal Code. Amateur Radio Antennas The construction/erection of towers supporting amateur radio antennas shall be a permitted use in all zoning districts subject to the following requirements: (1) Such towers shall be allowed only in the rear yard of residential properties, unless the property owner can show that there is insufficient space within the rear yard to
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Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.4: Standards for Specific Accessory Uses and Structures

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) (3) Such tower shall not exceed 70 feet in height, except by conditional use permit. 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.

(D)

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. 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 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.

(4)

(b)

(E)

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). 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) (b) (c) Art and craft work including, but not limited to ceramics, painting, photography, and sculpture; Tailors; Office-only uses, including, but not limited to, an office for an architect, attorney, consultant, counselor, insurance agent, planner, tutor, or writer;
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(2)

City of Northfield, Minnesota DRAFT 3-31-09

Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.4: Standards for Specific Accessory Uses and Structures

(d) (e) (f)

Licensed massage therapy and physical therapy; Mail order businesses may be allowed where there is no stock-in-trade on the site; and Pet grooming may be conducted as a home business within the R1-B and N1B zoning districts when in compliance with this section, and with zoning certificate approval; provided that no pet involved in the pet grooming home business shall be kept overnight on the premises.

(2)

Prohibited Home Businesses The following are business activities that are prohibited as home businesses: (a) (b) (c) (d) (e) (f) (g) (h) Animal hospitals and boarding facilities; Automotive and other vehicle repair and service; Construction contractor facilities and storage (an office-only use is allowed in compliance with Section 2.10.4 (E) (1) above) and other outdoor storage; Dismantling, junk, or scrap yards; Fitness/health facilities; Medical clinics, laboratories, or doctor's offices; Personal services as defined in Section 2.8, Use Definitions; Parking on, or dispatching from the site any vehicle used in conjunction with an automobile wrecking or towing service, or with a taxi or similar passenger or delivery service, whether based on the site or elsewhere; On-site sales; Uses that require explosives or highly combustible or toxic materials; Welding and machine shop operations; Wood cutting businesses; or

(i) (j) (k) (l)

(m) Other similar uses as determined by the City Planner. (3) Operating Standards Home businesses shall comply with all of the following operating standards. (a) The operator of a home business in a rental unit shall be able to demonstrate that the property owner has authorized the use of the unit for a home business. The home business shall be clearly secondary to the full-time use of the property as a residence. Home business activities shall not occupy more than 25 percent of the gross floor area of the dwelling unit. A garage or other enclosed accessory structure may not be used for a home business. The use shall not require any exterior modification to the structure not customarily found in a dwelling.

(b) (c) (d) (e)

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(f) (g)

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. 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. 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. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home business. 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. 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. 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.

(h)

(i) (j)

(k)

(l)

(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. In-Home Day Care (1) (2) (3) The in-home day care has all of the appropriate licenses from the state. There shall be a minimum setback of 300 feet between a in-home day care and another in-home day care use.

(F)

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.

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(2)

For properties that are less than five acres, the keeping of four chickens is permitted provided that: (a) (b) (c) (d) The principal use of the lot is a single-family dwelling; No person shall keep any rooster; 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 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. Development Standards (a) (b) Outdoor wood boilers or furnaces shall only be permitted as an accessory use on lots with a minimum lot area of five acres. Outdoor wood furnaces shall be set back:
(i) (ii) (iii) A minimum of 200 feet from all lot lines, A minimum of 300 feet from the boundaries of all recorded subdivisions with lots less than five acres in size, and A minimum of 500 feet from all residential dwellings not located on the property where the outdoor wood furnace will be situated.

(2)

(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. The following fuels are strictly prohibited in new or existing outdoor wood furnaces:
(i) (ii) Grass clippings and other landscaping or vegetative refuse; 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. Rubbish or garbage, including but not limited to food wastes, food packaging, or food wraps. Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers. Rubber, including tires or other synthetic rubber-like products. Any other items not specifically allowed by the manufacturer or this section.

(b)

(iii) (iv)

(v) (vi)

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Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.4: Standards for Specific Accessory Uses and Structures

(I)

Patio Covers, Porches, and Decks (1) Screened porches or other porch types that are enclosed by walls and a roof shall be considered a part of the principal structure and subject to the setback and other site development standards of the applicable zoning district.

(J)

Porches and stoops may encroach into setback and build-to-line requirements in accordance with Section 3.1.5 (F), Allowed Encroachments into Setbacks. Satellite Dishes Ground- or building-mounted satellite dish antennas with a diameter of less than one meter are permitted provided that they are located in the rear or side yards, to the maximum extent feasible, and that they do not exceed the height of the ridgeline of the primary building on the parcel.

(2)

(K) Solar Energy Systems (1) (2) Solar energy systems that are attached to a roof but that do not project more than three-feet from the roof surface shall be permitted without a zoning certificate. Solar energy systems located that project more than three-feet from a roof and are visible from the a public right-of-way may be permitted if approved as a conditional use permit.

(3) (L)

Stand-alone solar energy systems shall only be permitted in the rear yard and shall be subject to the maximum coverage standards of Section 2.10.2(I)(3). Swimming Pools, Hot Tubs, and Spas (1) (2) No swimming pool, hot tub, or spa shall be constructed, altered, or renovated without first obtaining a zoning certificate (Type 1 Review). Swimming pools, hot tubs, and spas shall be constructed so as to avoid hazard or injury to any person. While under construction, the swimming pool area shall be fenced with security barriers. No portion of a swimming pool, hot tub, spa, related deck, or related appurtenance shall be located beyond the front building setback line nor within any public or private utility and/or drainage easement or ingress or egress easement, and they shall also meet the following minimum setbacks: (a) (b) (4) Interior side or rear property line: five feet. Corner side property line: 15 feet.

(3)

All private swimming pools, hot tubs, and spas shall be surrounded at all times by a barrier that is designed to be insurmountable and impenetrable by young children. The city hereby adopts, by reference, the United States Consumer Product Safety Commission’s guidelines for safety barriers for swimming pools to apply to all swimming pools (permanent or temporary), hot tubs, and spas. (M) Tennis and Other Recreational Courts Noncommercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use shall comply with the following requirements: (1) (2) No court shall be located within a required setback, or within five feet of a lot line; Court fencing shall comply with Section 3.3.1, Fencing and Walls; and

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Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.4: Standards for Specific Accessory Uses and Structures

(N)

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. Wind Energy Turbines (WET)5 (1) Setback for All Types of WETs (a) (b) All WET facilities and their associated equipment shall comply with the building setback provisions of the applicable zoning district. 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. 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. No portion of a SWET shall be located within a wetland area. The maximum height of a stand-alone SWET shall be 75 feet from natural grade to the top of an extended rotor blade. All portions of a SWET support structure must meet the setback requirements for the applicable zoning district. 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. 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. Only monopole towers shall be utilized with LWET installations Climbing access to the tower structure shall be limited by
(i) (ii) Placing fixed climbing apparatus no lower than 10 feet from the ground; and Placing a six-foot fence or shielding around the SWET.

(3)

(2)

Small-Scale Wind Energy Turbines (SWET) (a)

(b) (c) (d) (e) (f) (g) (h)

(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. 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.

(j)

5

This is language that staff researched and drafted for discussion with the advisory group.
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City of Northfield, Minnesota DRAFT 3-31-09

Article 2: Zoning Districts and Use Regulations Section 2.10: Accessory Uses and Structures Subsection 2.10.4: Standards for Specific Accessory Uses and Structures

(3)

Medium-Scale Wind Energy Turbines (MWET) and Large-Scale Wind Energy Turbines (LWET) 6 (a) (b) (c) The construction of a MWET or LWET is subject to the issuance of a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit. Guyed and lattice towers may be utilized for SWET and MWET installations. The following setbacks shall be observed for MWET and LWET facilities:
(i) In order to ensure public safety, the minimum distance from the base of any tower to any property line, road (except for roads used exclusively for servicing the MWET or LWET), habitable dwelling, business, institution, or public recreational area shall be equal to the fall zone. The fall zone for MWET or LWET facilities must be kept free of all habitable structures during the operational life of the facility. Fall zone areas shall be measured from the base of the tower.

(ii)

(4)

Conditional Use Permit Applications for a WET The Planning Commission shall not approve any application that does not comply with all the requirements of this Code. The Planning Commission does, however, have the right to waive any part of this section without the requirement of a variance, when it makes a specific finding that such a waiver would not be detrimental to the public interest, cause the city any expense, or be inconsistent with the intent and purpose of this section. Approval Criteria In reviewing all applications for a conditional use permit, the Planning Commission shall utilize as approval criteria all applicable use, siting, dimensional, and setback requirements set forth in this section. Required Findings for Issuance of Conditional Use Permits The Planning Commission shall make the following applicable findings, with appropriate reasoning, in writing, prior to the granting of any conditional use permit for a WET: (a) (b) The proposed WET will not have an undue adverse impact on historic resources, scenic views, natural resources, and/or residential property values; The applicant has agreed to implement all reasonable measures to mitigate the potential adverse safety, environmental, and aesthetic impacts of the WET; The proposed WET shall comply with current FCC and FAA standards regarding flight and air navigation hazard identification and prevention; The applicant has agreed to any maintenance and monitoring requirements set forth in any regulations promulgated by the Planning Commission; The proposed WET shall be sited or camouflaged or screened to the greatest extent possible to minimize adverse visual impacts; and

(5)

(6)

(c) (d) (e)

6

Are the MWETs and LWETs really going to be accessory uses or do we need to make them a permitted use?
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Article 2: Zoning Districts and Use Regulations Section 2.11: Temporary Uses and Structures Subsection 2.11.1: Purpose

(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.

2.11
2.11.1

Temporary Uses and Structures
Purpose
This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.

2.11.2

Table of Allowed Temporary Uses and Structures
Table 2.11-1 summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited.

Table 2.11-1: Temporary Uses and Structures
Temporary Use or Structure Construction Dumpster Construction Trailer Garage/Yard Sales Gravel Surface Parking Lots Real Estate Sales/Model Homes Seasonal Agricultural Sales Temporary Storage in a Portable Container Temporary Structure for Institutional Uses Temporary Structure for Special Events Allowable Duration (per site) Until issuance of a certificate of occupancy Until issuance of a certificate of occupancy Maximum of 3 consecutive days, 3 times per calendar year Until issuance of a certificate of occupancy Until 85 % occupancy of the phase is reached 120 days per calendar year 30 days per site 3 years Maximum of 14 consecutive days, 3 times per calendar year Permit Required No Zoning Certificate (Type 1 Review) No No Zoning Certificate (Type 1 Review) Zoning Certificate (Type 1 Review) No Zoning Certificate (Type 1 Review) Zoning Certificate (Type 1 Review) 2.11.4 (D) 2.11.4 (E) 2.11.4 (F) 2.11.4 (G) 2.11.4 (G) Additional Requirements 2.11.4 (A) 2.11.4 (B) 2.11.4 (C)

2.11.3

General Standards for Temporary Uses and Structures
Temporary uses or structures shall: (A) Obtain a zoning certificate (Type 1 approval) from the City Planner;

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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.

(B)

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) (2) (3) (4) (B) Be located to the side or the rear of the site, to the maximum extent practicable; Be located as far as possible from lots containing existing development; Not be located within a floodplain or otherwise obstruct drainage flow; and

Not be placed within five feet of a fire hydrant or within a required landscaping area. Construction Trailer Construction trailers may be permitted on a construction site provided that the trailer is: (1) (2) Located on the same site or in the same development as the related construction; Not located within a required open space set-aside or landscaping area; and

(C)

(3) Associated with development subject to a valid building permit. Garage/Yard Sales The hours of operation for garage/yard sales are limited to between 7:00 a.m. and 8:00 p.m. 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) (2) (3) (4) Is located on a lot approved as part of a development agreement; Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping; Is operated by a developer or builder active in the same phase or section where the use is located; and 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.
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(D)

City of Northfield, Minnesota DRAFT 3-31-09

Article 2: Zoning Districts and Use Regulations Section 2.11: Temporary Uses and Structures Subsection 2.11.4: Specific Regulations for Certain Temporary Uses and Structures

(E)

Seasonal Agricultural Sales Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards: (1) Location (a) The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking-space availability. The sale of goods shall not occur within the public right-of-way, or within 200 feet of a dwelling.

(b) (2)

Range of Goods Limited The range of goods or products available for sale shall be limited to non-processed products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, and firewood; bees and beekeeping products; seafood; and dairy products. Hours of Operation The hours of operation of the seasonal sale of agricultural products shall be from 7:30 A.M. to 10:00 P.M., or the same hours of operation as a principal use on the same lot, whichever is more restrictive.

(3)

(F)

Temporary Storage in a Portable Shipping Container Temporary storage in a portable shipping container shall be allowed to serve a permitted use provided it is placed on a paved surface and is, to the maximum extent practicable, located in the side or rear yards.

(G) Temporary Structures Temporary structures serving public or institutional uses shall comply with the following standards: (1) Location (a) (b) The use shall be located to the side or rear of the principal structure(s) and at least five feet from any other structure. The use shall be permitted within the building envelope but not within required off-street parking, open space set-aside, or required landscaping areas. Under skirting or other materials shall be used to prevent unauthorized access underneath the structure. Parking shall be provided for the temporary structure in conformance with Section 3.8, Off-Street Parking, Loading, and Mobility. The use shall not be required to be compatible with the existing principal structure exterior colors or materials.
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(2)

Standards (a) (b) (c)

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Article 2: Zoning Districts and Use Regulations Section 2.12: Nonconformities Subsection 2.12.1: Purpose

(3)

Approval and Duration This use is permitted if approved by the City Planner, and may remain on the site for no more than three years. This period may be renewed for two 365-day periods, for good cause shown, upon approval of a written request, submitted to the City Planner at least 30 days prior to the expiration of the certificate of zoning compliance. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than five years.

2.12
2.12.1

Nonconformities
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. 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. 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. Nonconformities and Variances (1) (2) 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. 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.

(B)

(C)

(D)

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. 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.

(2)

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(B)

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. 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. 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. 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.

(3)

(2)

(3)

(C)

(4) New construction, reconstruction, or structural alteration. 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. 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.

(D)

(E)

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. 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. 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

(2)

(2)

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Article 2: Zoning Districts and Use Regulations Section 2.12: Nonconformities Subsection 2.12.4: Nonconforming Structures

destruction, provided that such repair or reconstruction is commended and completed within 12 months of the date of such damage or destruction. (3) Pre-existing uses shall be exempt from the above damage and destruction provisions. If a structure that contained a pre-existing use is damaged or destroyed to any extent, it may be fully reconstructed. Any new structure or reconstruction shall be contained with the same footprint of the previous structure and shall not exceed the height of the previous structure.

2.12.4

Nonconforming Structures
(A) Enlargement, Repair, Alterations Any nonconforming structure may be enlarged, maintained, repaired or altered provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure. Damage or Destruction (1) In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 75 percent of the assessed fair market value of such structure immediately prior to such damage, such structure shall not be restored unless it will conform to the regulations of the district in which it is located.

(B)

(2)

(C)

When such nonconforming structure is damaged or destroyed, by any means by 75 percent or less of the assessed fair market value of the structure immediately prior to such damage, such structure may be repaired or reconstructed, provided that the repairs or restorations begin and are diligently pursued to completion within 12 months of the date of such damage. Relocation No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the district in which such structure is located after being relocated. Nonconforming Accessory Uses and Structures No use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless such accessory use or structure shall thereafter conform to all the regulations of the district in which it is located. Governmental Acquisition of a Portion of a Lot Governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard or building setback below that required in the applicable zoning district shall not render the structure nonconforming.

(D)

(E)

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Article 2: Zoning Districts and Use Regulations Section 2.12: Nonconformities Subsection 2.12.5: Nonconforming Lots of Record

2.12.5

Nonconforming Lots of Record
(A) Nonconforming Lots of Record in Residential Zoning Districts (1) Authority to Use for Single-Family Residence In any district in which single-family detached dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this Code, a single-family detached dwelling which complies with the restrictions of the paragraph below may be erected on a nonconforming lot that is not less than 25 feet in width, and which: (a) (b) Has less than the prescribed minimum lot area, width and depth, or any of them; and Is shown by a recorded plan or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, depth and width at such location would not have been prohibited by this Code or any other ordinance; and Has remained in separate and individual ownership from adjoining tracts of land continuously since. The dwellings shall be placed on the lots so as to provide a yard on each side of the dwelling; The sum of the widths of the two side yards on such lots shall not be less than the smaller of:
(i) (ii) (iii) 25 percent of the width of the lot; or The minimum total for both side yards prescribed by the building envelope standards of said zoning district; and No side yard shall be less than three feet.

(c) (2)

Regulations for Single-Family Use of Nonconforming Lots (a) (b)

(B)

Nonconforming Lots of Record in the C2-B District For any nonconforming lot of record in the C2-B district, development may be authorized through a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit. Nonconforming Lots of Record in the I1-B District For any nonconforming lot of record in the I1-B district, development may be authorized through a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit. Governmental Acquisition of a Portion of a Lot Governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required lot area or lot width below that required in the applicable zoning district shall not render the structure nonconforming.

(C)

(D)

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Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.1: Percentages and Fractions

Article 3: Development Standards7
3.1  3.2  3.3  3.4  3.5  3.6  3.7  3.8  3.9  3.10  3.11  3.12  3.13  Measurements, Computations, and Exceptions ....................................................................... 78  Site Development Standards ................................................................................................... 87  General Development Standards ............................................................................................. 92  Architectural Standards ......................................................................................................... 101  Neighborhood Compatibility Standards ................................................................................ 110  Landscape, Screening, and Buffering Standards ................................................................... 114  Signage .................................................................................................................................. 128  Off-Street Parking, Loading, and Mobility ........................................................................... 142  Pedestrian Access and Circulation ........................................................................................ 159  Basic Subdivision Requirements ........................................................................................... 161  Subdivision Design Standards ............................................................................................... 168  District Development Standards for the FP-O District.......................................................... 184  District Development Standards for the WS-O River District .............................................. 199 

3.1
3.1.1

Measurements, Computations, and Exceptions
Percentages and Fractions
When a calculation or ratio established in this Code results in a fractional number or percentage, any fraction of ½ or less shall be rounded down to the next lower whole number and any fraction of more than ½ shall be rounded up to the next higher whole number. Any percentage of #.5 percent or less shall be rounded down to the next lower whole number and any percentage greater than #.5 percent shall be rounded up to the next higher whole number.

3.1.2

Distance Measurements
Unless otherwise expressly stated, distances specified in this Code are to be measured as the length of an imaginary straight line joining those points.

3.1.3

Lot Area Measurements8
(A) The area of a lot includes the total horizontal surface area within the lot’s boundaries minus any of the following, regardless of whether they may be used by the general public or are reserved for residents of the subdivision: (1) (2) A vehicular or non-vehicular access easement through the parcel; An easement for an open drainage course, whether a ditch, natural channel or floodway; and

(B)

(3) Other easements restricting the use of the property. For nonconforming lots, see Section 2.12.5, Nonconforming Lots of Record.

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.
City of Northfield, Minnesota DRAFT 3-31-09 Land Development Code 78

Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.4: Lot Width Measurements

(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. Eaves and other projections may encroach into the front yard, past the build-to-line, in accordance with Section 3.1.5 (F), Allowed Encroachments into Setbacks and Build-to Lines.

(2)

Figure 3-1: This image shows a building that has 60% of the front building façade built to the build-to-line. In this case, the lot width is 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)

(B)

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. 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. 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;

(2)

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Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.5: Build-to-Line and Setback Requirements and Exceptions

(b) (c) (d) (3)

Where a setback requirement is established for a specific land use type in Section 2.9, Use-Specific Standards; In the case of development near a waterway, which shall comply with the setback requirements established by the WS-O district, where applicable; and As otherwise provided by this section.

(C)

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. 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) (2) (3) 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.; A fence or wall that is allowed pursuant to Section 3.3.1, Fencing and Walls; 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; A sign in compliance with Section 3.7, Signage; or

(4) (D)

(5) A retaining wall less than 30 inches in height above finished grade. 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.

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Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.5: Build-to-Line and Setback Requirements and Exceptions

Figure 3-2: Setback locations and traffic safety visibility triangle. (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. 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. 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. 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. 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) (ii) (iii) The nearest point on the side property line bounding the street; The inside edge of the sidewalk; or The boundary of a planned future right-of-way established as described in Section 3.1.5 (D) (1), General Requirements.
Land Development Code 81

(c)

(2)

Corner Lots (a)

(b)

(c)

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.5: Build-to-Line and Setback Requirements and Exceptions

(3)

Double-frontage Lots (a) A double-frontage lot is considered to have two front lot lines, and a required front setback or build-to-line shall be provided from both front lot lines. See Figure 3-3.
(i) Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with the proposed building designed so that its primary facade faces the higher volume street. The City Engineer may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic. For the purposes of accessory uses and structures, the rear yard shall be considered the yard that that is behind the front, or principal, façade of the building.

(ii)

(iii)

Figure 3-3: Illustration of a double frontage lot, related lot lines, and related yards. (b) (c) (4) See Section 3.11.2(G), Double Frontage Lots regarding the limited circumstances where new double frontage lots are allowed. Reverse frontage on double frontage lots shall be regulated by Section 3.4.2, Reverse Frontage.

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.
Land Development Code 82

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.5: Build-to-Line and Setback Requirements and Exceptions

(5)

Rear Setbacks (a) The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest part of the structure, establishing a setback line parallel to the rear property line. See Figure 3-2. Where a parcel has no rear lot line because its side lot lines converge to a point, the City Planner shall be responsible for determining the location of the rear setback.

(b)

(E)

Limitations on the Use of Setbacks for Structures A required setback area shall not be occupied by structures other than: (1) (2) (3) The fences and walls permitted by Section 3.3.1, Fencing and Walls; Accessory uses permitted in the established yard per Section 2.10, Accessory Uses and Structures; and

(F)

The projections into setbacks allowed by Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines, and the applicable zone. Allowed Encroachments into Setbacks and Build-to Lines An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3.2-1. See also Figure 3-4. These requirements do not apply to accessory structures, which are instead subject to Section 2.10, Accessory Uses and Structures.

Table 3.1-1: Allowed Projections and Encroachments
Allowed Encroachment Projecting/Encroaching Feature Front or Street Side Setback Side Setback Rear Setback

Attached deck, landing, porch, stoop, or 25% of setback to a May project to property line stairway that is uncovered, unenclosed, and maximum of 5 feet. less than 18 inches above grade Balcony, attached deck, landing, porch, 25% of setback to a 20% of side setback 20% of rear setback stoop, or stairway that may be roofed but is maximum of 5 feet. [1] [1] otherwise unenclosed Balcony, attached deck, landing, porch, Not allowed in setbacks. Must meet the minimum setback/build-to stoop, or stairway that is covered and line requirements of applicable zoning district enclosed Balcony, attached deck, landing, porch, stoop, or stairway that is uncovered and 5 feet 36 inches [1] 5 feet [1] unenclosed that is 18 inches or more above grade Bay window or similar projecting feature 36 inches 20% of setback [1] 36 inches Chimney, fireplace (six feet wide or less in 24 inches 24 inches [1] 24 inches [1] breadth) Cornice, eave, awning, or roof overhang 24 inches 30 inches [1] 5 feet [1] NOTES: [1] The feature may project no closer than 36 inches to any side or rear property/lot line.

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Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.6: Height Measurement, Limits, and Exceptions

Figure 3-4: Allowed projections and encroachments. (G) Setback Requirements for Specific Structures A detached deck, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of 18 inches above the surrounding grade at any point, shall comply with the setback requirements of this Code for detached accessory structures in Section 2.10, Accessory Uses and Structures.

3.1.6

Height Measurement, Limits, and Exceptions
(A) The height of each structure shall not exceed the height limit established for the applicable zoning district (See Section 3.2, Site Development Standards.) except as otherwise provided by this subsection. The maximum allowable height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane located at the maximum allowed number of feet above and parallel to the grade. See Figure 3-5. The location of natural grade shall be determined by the City Planner, and shall not be artificially raised to gain additional building height.

(B)

Figure 3-5: Maximum allowable height.

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Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.6: Height Measurement, Limits, and Exceptions

(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) (2) (3) The highest point of a flat roof; The deck line of a mansard roof; or 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. (D) Exceptions to Height Limits The following structures and structural features may exceed the height limits of this Code as noted: (1) Architectural features including a chimney, cupola, monument, mechanical equipment, or vent may exceed the height limit by a maximum of three feet. A spire, theater scenery loft, tower, or other uninhabitable feature may exceed the height limit by 25 feet for nonresidential uses. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with Section 2.9.15, Telecommunication Facilities and Antennas.

(2)

(3) (E)

The height of wind energy turbines shall comply with Section 2.10.4(N), Wind Energy Turbines (WET). Height Limit at Street Corners (Traffic Safety Visibility Triangle) Development proposed adjacent to any public or private street or alley intersection in every district except the R1-B, N1-B, and C1-B9 shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety. See Figure 3-2, Figure 3-7, and Figure 3-8.

9

These districts are exempted because the build-to-lines are shorter than the traffic visibility requirements.
Land Development Code 85

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.1: Measurements, Computations, and Exceptions Subsection 3.1.6: Height Measurement, Limits, and Exceptions

(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.

Figure 3-7: Traffic safety visibility triangle for intersecting streets. (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. 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. An exception to this requirement shall be for existing trees where the canopy is trimmed to a minimum of eight feet above grade
Land Development Code 86

(4)

(5)

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.2: Site Development Standards Subsection 3.2.1: Residential Site Development Standards

3.2
3.2.1

Site Development Standards
Residential Site Development Standards
(A) Table 3.2-1 establishes the sited development standards for the residential districts.

Table 3.2-1: Residential District Site Development Standards
The parenthetical letter references are a cross-reference to Figure 3-9 to help illustrate the applicable standard. R1-B R2-B R3-B R4-B N1-B Permitted Density Controlled by Controlled by 8.1 to 15 units 15.1 to 25 units See Sec. 2.3.2 Lot Width and Lot Width and Permitted Density per acre (Gross) per acre (Gross) (D) Lot Depth Lot Depth Build-to Line 20 Feet Not Applicable Not Applicable Not Applicable 15 Feet Front Street (A) 10 Feet Not Applicable Not Applicable Not Applicable 10 Feet Side Street (B) Minimum % of 60% [1] Not Applicable Not Applicable Not Applicable 60% [1] Façade to Meet Front Street Build-to Line Minimum % of 30% [1] Not Applicable Not Applicable Not Applicable 30% [1] Façade to Meet Side Street Build-to Line Setbacks Not Applicable Not Applicable 30 30 Front 5 feet 30 30 5 Feet Side (C) See Sec. 2.3.2 (D) 25 feet 30 30 25 Feet Rear (D) Not Applicable 10 10 Not Applicable Between Buildings 5 feet from the 5 feet from the Garage Façade Not Applicable Not Applicable Not Applicable main façade of main façade of Setback the building the building Lot Depth 150 feet Not Applicable Not Applicable Not Applicable 150 Feet Max. Lot Depth (H) Minimum and Maximum Lot Width (G) Single-Family 50-75 Feet [2] Not Applicable Not Applicable 50-75 Feet [2] Dwelling See Sec. 2.3.2 60-85 Feet Not Applicable Not Applicable 60-85 Feet Two-Family Dwelling (D) Three-Family 75-105 Feet Not Applicable Not Applicable 80-105 Feet Dwelling Multi-Family Not Applicable Not Applicable Not Applicable Not Applicable 105 to 150 Feet Dwellings As determined As determined See Sec. 2.3.2 by the Planning by the Planning Not Applicable Not Applicable Other Uses (D) Commission in Commission in the CUP review the CUP review Building Height 2 stories or 30 See Sec. 2.3.2 2 stories or 30 Max. Building Height 30 feet [3] 30 feet [3] [4] feet (D) feet (I) Min. 18 inches Min. 18 inches Finish Ground Floor Not Applicable Not Applicable Not Applicable above sidewalk above sidewalk Level [5] [6] (J)
City of Northfield, Minnesota DRAFT 3-31-09 Land Development Code 87

Article 3: Development Standards Section 3.2: Site Development Standards Subsection 3.2.1: Residential Site Development Standards

Table 3.2-1: Residential District Site Development Standards
The parenthetical letter references are a cross-reference to Figure 3-9 to help illustrate the applicable standard. R1-B R2-B R3-B R4-B N1-B NOTES: [1] Any building façade located adjacent to a street corner shall meet the build-to line requirements for a minimum of 30 feet as measured from the corner (See (E) and (F) in Figure 3-9.). The façade of a garage shall not count toward this minimum percentage. [2] Lot widths of 40 feet shall be allowed on lots where access is provided by an alley as permitted in Section 3.11.3 (A) (10), Alleys and Private Streets. [3] Buildings may exceed 30 feet in height but for each additional ten feet of height, the building shall be set back an additional five feet from all adjacent buildings and lot lines. [4] The Planning Commission may impose reasonable height limitations when a proposed building is located within 200 feet of any R1-B or N1-B district, or within 100 feet of any public park, through the site plan review process. [5] All buildings must have a primary ground-floor entrance that faces the street. [6] Service entries are prohibited on street facades.

Figure 3-9: Illustrative examples of residential site development standards.

(B)

Building Orientation in Residential Districts All residential development shall be located parallel to the associated street or be consistent with existing development patterns rather than being sited at unconventional angles, unless irregular lot layouts require alternative orientations. Such alternative orientations shall be subject to approval by the City Planner. See Figure 3-10.

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Article 3: Development Standards Section 3.2: Site Development Standards Subsection 3.2.2: C1-B District Site Development Standards

Figure 3-10: Example of residential development that is oriented toward the primary street.

3.2.2

C1-B District Site Development Standards
(A) Figure 3-11 identifies the building placement requirements for the C1-B district.

Figure 3-11: Site development standards for the C1-B district. (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.

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Article 3: Development Standards Section 3.2: Site Development Standards Subsection 3.2.2: C1-B District Site Development Standards

(C)

(D) (E)

Any section along the build-to-line that is not defined by a building must be defined by a two-foot, six-inch high fence or stucco or masonry wall, as approved by the HPC as part of the certificate of appropriateness review. All floors must have a primary ground floor entrance that faces the primary or side street. To maintain the façade rhythm in the C1-B district, building façades that front a street shall incorporate façade variations a minimum of every 25 feet. See

(F) (G) Figure 3-12.

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) (J)

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. 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.
Land Development Code 90

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.2: Site Development Standards Subsection 3.2.3: C2-B District Site Development Standards

3.2.3

C2-B District Site Development Standards
The minimum lot size shall be 20,000 square feet. The minimum lot width shall be 60 feet. The front build-to line shall be within 30 to 65 feet of a lot line that is adjacent to a street.10 (D) The minimum side yard setback shall be 10 feet. (E) The maximum height of any building shall be 50 feet unless authorized by a conditional use permit. (F) The maximum lot coverage by all buildings, structures, and impervious surfaces shall be 75 percent. (G) More than one principal building may be located on a single lot. (A) (B) (C)

3.2.4

I1-B District Site Development Standards
(A) (B) (C) (D) (E) The minimum lot size shall be 20,000 square feet. The minimum lot width shall be 100 feet. The minimum front yard setback shall be 20 feet. The minimum side yard setback shall be 15 feet from a lot line or 20 feet from a street. The maximum height shall be 50 feet unless authorized by a conditional use permit. The minimum lot size shall be 35 acres unless a smaller lot or lots is part of an approved annexation process in which case, the smaller lots shall be permitted and shall be considered to be legally conforming lots. The minimum front yard setback is 70 feet. The minimum rear yard setback shall be: (1) (2) (D) 50 feet for nonagricultural structures; 100 feet for structures used to house livestock; and

3.2.5

AH-S District Site Development Standards
(A)

(B) (C)

(3) Ten feet for accessory buildings. The minimum side yard setback shall be: (1) (2) 15 feet for nonagricultural structures; 100 feet for structures used to house livestock; and

(E)

(3) Ten feet for accessory buildings. The maximum height of principal buildings shall be 50 feet except for agricultural structures such as, but not limited to, silos and barns. The maximum lot coverage by all buildings, structures, and impervious surfaces in the PTA shall be 40 percent. More than one principal building may be located on a single lot.

3.2.6

CD-S District Site Development Standards
(A) (B)

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.
Land Development Code 91

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.2.7: ED-F District Site Development Standards

3.2.7

ED-F District Site Development Standards
(A) (B) (C) (D) (E) The minimum lot size shall be 20,000 square feet. The minimum lot width shall be 100 feet. The front build-to line shall be within 30 to 65 feet of a lot line that is adjacent to a street. The front building façade shall occupy a minimum of 60 percent of the lot width.11 The minimum side yard setback shall be 10 feet from a lot line or 20 feet from a side street. (F) The maximum height shall be 50 feet unless authorized by a conditional use permit. (G) More than one principal building may be located on a single lot.

3.3
3.3.1

General Development Standards
Fencing and Walls
(A) Applicability (1) (2) The requirements of this section shall apply to all fences and walls unless otherwise stated. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) on file in the City Planner’s office shall require a zoning certificate, and shall comply with all requirements of the City Engineer in addition to the requirements of this section. These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.

(3) (4) (B)

A zoning certificate shall be required for all fences and walls. A building permit may also be required. General Requirements12 These requirements apply to fences in all zoning districts. (1) (2) (3) The finished side of a fence shall face the adjacent property. All fences shall comply with the sight distance triangle requirements of Section 3.1.6 (E). All fences, including footings, shall be located entirely upon the property whose owner or occupant constructs the fence. It is the property owner's or occupant's responsibility to locate property lines prior to installing a fence. With the exception of "invisible fences" (underground electric fences) to control movement of domestic animals, razor wire fencing, concertina, electrical fences, barbed wire fences, and chicken wire fences are prohibited. Fences used to enclose an outdoor pool shall meet the requirements of Section 2.10.4 (L), Swimming Pools, Hot Tubs, and Spas.

(4)

(5)

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.
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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.1: Fencing and Walls

(6) (7)

All fences shall be maintained in good repair. Any fence that is potentially dangerous or in disrepair shall be removed or repaired. 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. 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.

(8)

(9)

(C)

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.). Height (1) (2) (3) (4) Fences shall be measured from grade to the height of the fence (not the support structures). All fences more than six feet in height require a building permit. Fences around dog kennels shall be limited to eight feet in height. 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.

(D)

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. 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. 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. 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.

(5)

(2)

(3)

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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.2: Outdoor Dining, Display, and Storage

Figure 3-14: Retaining shall be benched, or terraced, so that no individual wall exceeds a height of six feet.

3.3.2

Outdoor Dining, Display, and Storage
(A) Outdoor Dining Areas (1) (2) Outdoor dining in a public right-of-way shall be subject to Sections 6-70 and 14190 of the City Code. Outdoor dining areas on a private property shall be regulated as follows: (a) An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site; provided, the outdoor eating area shall comply with the parking requirements of Section 3.8, OffStreet Parking, Loading, and Mobility. Outdoor dining areas shall be designated on the site plan. If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required. Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard. Enclosing an outdoor dining area either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a zoning certificate.

(b) (c)

(d) (e)

(B)

Outdoor Sales and Storage of Goods and Materials (1) Seasonal Agricultural Sales Seasonal agricultural sales are regulated in Section 2.11.4(E), Seasonal Agricultural Sales.

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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.2: Outdoor Dining, Display, and Storage

(2)

Outdoor Sale and Display Areas Temporary and permanent facilities for outdoor display sales (e.g., garden supply sales, news and flower stands, and similar uses) may be permitted in the C1-B and C2-B districts upon compliance with the following provisions. (a) (b) Outdoor sale and display areas are prohibited on vacant lots unless approved in advance by the City Planner as a temporary use. Outdoor sale and display areas may be permitted provided that the merchandise is displayed along the sidewalk, the walkway adjacent to the building, or in the side yard. The placement of the merchandise shall not interfere with customer movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walk way shall be clear of merchandise to allow for safe pedestrian movement. The outdoor display and sale of bulk or large products that exceed 20 pounds, including, but not limited to mulch (bag or bulk), concrete, salt, or other similar products that cannot be easily carried into the store for purchase shall be required to meet the requirements of Section 3.3.2(B)(4), Outdoor Storage of Goods. Temporary outdoor sales and display areas may be authorized in a parking lot under the following provisions:
(i) (ii) The maximum time the temporary outdoor sales and display areas shall be authorized is for 90 days per year; Temporary outdoor sales and display areas shall only be authorized with a Temporary Use Permit pursuant to Section 5.5.2, Temporary Use Permit; In no case shall the outdoor sales or display area reduce the amount of off-street parking spaces to a number below the minimum number of required spaces; and The area of the parking lot to be used for temporary sales shall be marked by surface painting on the parking lot to ensure compliance with these provisions.

(c)

(d)

(e)

(iii)

(iv)

(3)

Storage of Materials No front or street side setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid Building Permit. Outdoor Storage of Goods Outdoor storage areas may be permitted where such storage areas comply with the following regulations: (a) (b) Outdoor storage of goods shall be prohibited on vacant lots. Outdoor storage shall comply with all applicable state and federal regulations.

(4)

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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.3: Outdoor Lighting Standards

(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. 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

(d)

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. 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.). The lighting plan shall be prepared by a certified architect, landscape architect or lighting designer. 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.

(B)

(2) (3) (4)

(C)

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. Outdoor Lighting Standards (1) (2) Outdoor lighting shall meet one of the standards of this subsection. 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. 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. 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

(3)

(4)

Table 3.3-1: Maximum Height of a Light Fixture

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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.3: Outdoor Lighting Standards

District

Maximum Height of Non-Cutoff Lighting (See Figure 3-15)

Maximum Height of 90O Cutoff Lighting (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.

Figure 3-15: Cutoff and non-cutoff lighting. (5) Illumination Standards (a) Outdoor lighting shall not be designed or located in such a way as to shine directly into an adjacent dwelling unit, regardless of the applicable zoning district. The maximum illumination permitted in each district type, as demonstrated by a photometric drawing, shall be as follows:

(b)

Table 3.3-2: Maximum Illumination Level at the Property Line
District R2-B, R3-B, R4-B, and NC-F districts C1-B, C2-B, I1-B, CD-S, PI-S, and ED-F districts Maximum Illumination across the Property or Area (average footcandles) 1.5 Maximum Illumination at the Property Line (footcandles) 0.1 0.1 when adjacent to a residential use or 2.5 when adjacent to lot in the same district

2.5

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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.4: Performance Standards

Table 3.3-2: Maximum Illumination Level at the Property Line
District Maximum Illumination across the Property or Area (average footcandles) 2.0 Maximum Illumination at the Property Line (footcandles) 0.1 when adjacent to a residential use or 0.5 when adjacent to a nonresidential use

Parking lots of six spaces or more

(c)

When parking lots are within 15 feet of a property line, cutoff lights shall be utilized to maintain the illumination levels at the property line as cited in Table 3.3-2. Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. "Wall Packs" on the exterior of the building shall be fully shielded (true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward. The nonconforming use of lighting may continue until the luminaire (total fixture, not just the bulb) is replaced, at which point, the lighting shall be subject to all the standards of this subsection with the exception of the maximum height. When a nonconforming lighting fixture, including the pole or support, is removed, the lighting fixture shall lose its legal nonconforming status and all new lighting shall be subject to all standards of this subsection.

(d)

(6)

Nonconforming Outdoor Lighting (a)

(b)

3.3.4

Performance Standards
(A) Purpose This section provides performance standards that are intended to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses. Applicability The provisions of this section apply to all new and existing land uses, including permanent and temporary uses in all zoning districts, unless an exemption is specifically provided. Uses existing on the effective date of this section shall not be altered or modified thereafter to conflict with these standards. Air Emissions No visible dust, gasses, or smoke shall be emitted, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site. Combustibles and Explosives The use, handling and transportation of combustibles and explosives shall comply with the International Fire Code and is subject to review by the Minnesota Department of Transportation. Dust Dust control standards are found in City Code Section <>.

(B)

(C)

(D)

(E)

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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.4: Performance Standards

(F)

Ground Vibration No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.

(G) Light and Glare Outdoor lighting shall comply with the requirements of Section 3.3.3, Outdoor Lighting Standards. (H) Liquid Waste No liquid, including dewatering waste, shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable local and state regulations. (I) Noise (1) It shall be unlawful to make, continue or cause to be made or continued any noise in excess of the noise levels set forth in this section unless such noise is reasonably necessary to the preservation of life, health, safety or property. Any activity not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property line of any property or if a condominium or apartment house within any adjoining apartment by more than six decibels above the ambient noise levels as designated in the Table 3.3-3 at the time and place and for the duration then mentioned shall be deemed to be a violation of the section, but any enumeration in this subsection shall not be deemed to be exclusive: Table 3.3-3: Maximum Decibels by District
Duration of Sound Less than 10 minutes Between 10 minutes and 2 hours In excess of 2 hours 7:00 a.m.--6:00 p.m. (All districts) 75 db 70 db 60 db 6:00 p.m.--7:00 a.m. (Residential districts) 60 db 50 db 40 db 6:00 p.m.--7:00 a.m. (All other districts) 70 db 60 db 50 db

(2)

(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. 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.

(b)

(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.
Land Development Code 99

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Article 3: Development Standards Section 3.3: General Development Standards Subsection 3.3.4: Performance Standards

(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) (2) Radioactivity, in a manner that does not comply with all applicable State and Federal regulations; or

(L)

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. 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; 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. 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. Windows All glass areas, including those in windows and doors shall be fully supplied and maintained as per the development plan.

(2)

(3)

(4)

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100

Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.1: Purpose

(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. All driveway, parking, loading and outside storage areas shall be maintained as per the approved development plan; and 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.

(b) (c)

3.4
3.4.1

Architectural Standards
Purpose
The purpose of this section is to encourage development that contributes to the City of Northfield’ unique sense of place, reflecting the community's physical character and adding to it in appropriate ways. The architectural design of multi-family dwellings and nonresidential development, particularly large-scale developments, determines much of the character and attractiveness along the thoroughfares of the city, and the gateways to our community.

3.4.2

Reverse Frontage
(A) Reverse Frontage Prohibited (1) (2) Except for areas exempted in accordance with Section 3.4.2(B), Exemptions and Alternatives,, residential lots with a reverse frontage shall be prohibited. Lots along the perimeter of a subdivision shall be oriented so that dwellings front perimeter streets instead of backing up to streets around the outside of the subdivision. Lots that have frontage on an arterial or collector road should utilize alleys for rear access to the site as an alternative to reverse frontage. See Section3.11.3(A)(10), Alleys and Private Streets.

(3)

(4)

(B)

Nonresidential uses shall be subject to the multi-sided architectural standards of this section when the subject lot is bounded by a street and the Cannon River or by multiple streets. Exemptions and Alternatives (1) Residential structures on lots in the following locations may have reverse frontage: (a) (b) (c) (2) Existing platted lots in residential subdivisions or lots subject to the PD-O district approved prior to the effective date of this Code; Residential lots where there is a minimum of 50 feet of open space between the street and the homes; and Lots that provide a moderate buffer “A” in accordance with Section3.6.9(D), Minimum Required Buffer Area.

Nonresidential structures may have reverse frontage in the C1-B and C2-B districts when they meet the requirements of Section 3.4.4, Architectural Design

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Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.3: Architectural Design Requirements for Multi-Family Dwelling

Requirements for Nonresidential Buildings and the standards of the applicable zoning district..

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.

3.4.3

Architectural Design Requirements for Multi-Family Dwelling
(A) Applicability The standards of this subsection shall apply to all structures that contain four or more units. Orientation of Buildings to Streets and Open Space All multi-family dwellings shall be oriented so that the primary entrance faces the street. In the case of corner lots, the primary entrance shall face the street from which the building is addressed. It is acceptable to have two primary entrances, but no secondary entrance may face a street. A primary entrance shall be defined by the entrance’s function, scale and/or design detail.

(B)

Figure 3-17: This diagram demonstrates proper orientation of buildings within a multi-family apartment complex.

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Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.3: Architectural Design Requirements for Multi-Family Dwelling

(C)

Design of Front Façades (1) (2) (3) Front facades shall incorporate wall offsets in the form of projections and/or recesses in the façade plane a minimum of every 40 feet of façade frontage. Wall offsets shall have a minimum depth of two feet. In addition to wall offsets, front facades shall provide a minimum of three of the following design features for each residential unit fronting onto the street: (a) (b) (c) (d) (e) (f) (g) (h) One or more dormer windows or cupolas; A recessed entrance; A covered porch; Pillars, posts, or pilasters; One or more bay windows with a minimum 12 inch projection from the façade plane; Eaves with a minimum six- inch projection from the façade plane; A parapet wall with an articulated design, which entails design variation rather than a simple rectilinear form; or Multiple windows with a minimum four- inch wide trim.

Figure 3-18: The image on the left illustrates how multiple design features are incorporated to deemphasize the fact that this is a single structure. The image on the right lacks sufficient façade variation yielding a monotonous appearance. (D) Design Features of Side Façades (1) (2) Side façades within 25 feet of vacant land zoned for residential uses shall incorporate a minimum of 15 percent façade area glazing. All other side facades shall have a minimum of 10 percent façade area glazing.

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103

Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.4: Architectural Design Requirements for Nonresidential Buildings

(E)

Building Foundations Except for structures designed for persons with physical disabilities, the finished floor elevation at the front facade shall be located above grade in accordance with the following standards: (1) (2) (3) For setbacks of ten feet or more, the finished floor elevation of the front facade shall be a minimum of 18 inches above grade; and For setbacks of less than ten feet, the finished floor elevation of the front facade shall be a minimum of 24 inches above grade.

(F)

Exposed foundation walls or piers shall be clad in face brick, stone, stucco or some other masonry material accurately imitating these materials. Latticework screening shall be installed between piers on front and side building facades. Garages and Car Ports (1) (2) Garages/car ports serving multi-family buildings shall be located to the side or rear of such buildings.

The exterior materials, design features, and roof form of garages and carports shall be compatible with the principal building it serves. (G) Roof Penetrations and Equipment To the degree practicable, all roof vents, pipes, antennas, satellite dishes, and other roof penetrations and equipment (except chimneys) shall be located on the rear elevations or configured to have a minimal visual impact as seen from the street. See Section 3.4.4(B)(6), Roof Mounted Mechanical Equipment.

3.4.4

Architectural Design Requirements for Nonresidential Buildings
(A) (B) Applicability This section shall apply to development in the C2-B and ED-F districts. Requirements for all Nonresidential Buildings (1) (2) Buildings shall be parallel to the street they front unless an alternate orientation is consistent with existing adjacent development. The primary entrances of buildings shall be oriented: (a) (b) Towards a street along the perimeter of the development; or Towards streets in the interior of the development if none of the building’s facades has frontage on a public street or as approved by the City Planner or Planning Commission (as applicable).

(3)

Building Facades Building facades shall comply with the following standards: (a) (b) Blank building walls facing streets are prohibited; These requirements shall not apply to those walls that are not visible from a street and only visible from an alley, the rear yard of another nonresidential or mixed-use site, or completely hidden due topography or natural features preserved as open space.

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Land Development Code

104

Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.4: Architectural Design Requirements for Nonresidential Buildings

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. (c) Multi-Sided Architecture for Nonresidential Uses
(i) Although the front façade of a building is expected to be the focal point in terms of the level of architectural character and features, all sides of buildings that are visible from a public roadway, an adjacent building, or the Cannon River that are not subject to buffering requirements in Section 3.6.9, Buffering Between Land Uses, shall incorporate architectural detailing on all facades that is consistent with the front façade. Buildings on lots in the C1-B district that have frontage on a street and on the Cannon River shall incorporate primary façade features on both the street façade and Cannon River façade. Buildings in the C1-B district shall make active use of the Cannon River frontage using store entrances, restaurants, patios balconies, or decks overlooking the river.

(ii)

(iii)

(4)

Building Design and Mass (a) All architectural elevations of principal buildings shall consist of a base, a body, and a cap (See Figure 3-20.).

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Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.4: Architectural Design Requirements for Nonresidential Buildings

Figure 3-20: Image of a building with a clear, base, body, and cap.
(i) (ii) (iii) The base shall occupy the lowest portion of the elevation, and shall have a height no less than 8% of the average wall height. The body shall occupy the middle portion of the elevation, and shall have a height no less than 60% of the average wall height. 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. The cap shall consist of at least one of the following architectural features: a cornice, parapet, awning, canopy, or eaves. 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.

(iv) (v)

(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. Roof Mounted Mechanical Equipment Building walls, parapets, and/or roof systems shall be designed to conceal all roofmounted mechanical equipment from view from adjacent properties and public rights-of-way. See Figure 3-21.

(6)

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106

Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.5: Design Requirements for Large-Scale Nonresidential Buildings

Figure 3-21: Example of how parapet walls are utilized to screen roof mounted mechanical equipment.

3.4.5

Design Requirements for Large-Scale Nonresidential Buildings
(A) (B) This subsection shall apply to any building primarily used for nonresidential uses that exceeds 10,000 square feet in gross floor area. These requirements are in addition to the general architectural design requirements contained in Section 3.4.4, Architectural Design Requirements for Nonresidential Buildings. (1) Massing of Large-Scale Buildings (a) Building elevations shall reflect spaces that are either carved out of a mass or multiple masses of varying sizes grouped together. Examples include recesses, arches, courtyards, and both vertical and horizontal offsets. Large scale buildings shall be designed to incorporate architectural elements that will create variety and wall surface relief on wall elevations. To maintain the façade rhythm, building façades that front a street shall incorporate façade variations a minimum of every 50 feet. See Figure 3-25. Alternatives to using façade variations and reliefs may include:
(i) (ii) (iii) Façade color changes following the same dimensional standards as the offset requirements; Pilasters having a minimum depth of one foot, a minimum width of one foot, and a minimum height of 80 percent of the façade’s height; and/or Roofline changes when coupled with correspondingly aligned façade material changes.

(b) (c) (d)

(2)

Roof Line Changes (a) Roofline changes shall include changes in roof planes or changes in the top of a parapet wall, such as extending the top of pilasters above the top of the parapet wall. When roofline changes are included on a façade that incorporates wall offsets or material or color changes, roof line changes shall be vertically aligned with the corresponding wall offset or material or color changes.

(b)

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Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.5: Design Requirements for Large-Scale Nonresidential Buildings

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. Thin parapets that extended more than two feet above the roof are prohibited.

(b)

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.

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Article 3: Development Standards Section 3.4: Architectural Standards Subsection 3.4.5: Design Requirements for Large-Scale Nonresidential Buildings

(4)

Asymmetric or Dynamic Roofs Asymmetric or dynamic roof forms allude to motion, provide variety and flexibility in nonresidential building design, and allow for unique buildings. Asymmetric or dynamic roof forms shall be permitted on nonresidential buildings provided the criteria for flat roofs in paragraph (3) above. See Figure 3-24 for an example of a building with a dynamic roof form.

Figure 3-24: An example of a dynamic roof line.

(5)

Wall Openings (Doors and Windows) (a) (b) Building elevations that directly front a public street should contain windows, which occupy at least 25 percent of the total wall surface area. The percent of the wall surface area used for windows that is less than this minimum requirement may be approved by the City Planner or Planning Commission (as required), after taking into account the architectural style, general design, arrangement, texture, materials, and color of other structures and premises in the area. Doors and windows shall be positioned to create a uniform pattern or visual rhythm along the building elevation. All doors and windows shall be articulated through the use of lintels, sills, and thresholds. Windows larger than 20 square feet that are not used for display purposes shall be divided into panes through the use of mullions and/or sashes. Doors and windows shall be rectangular in shape.

(c) (d)

(e) (6)

Customer Entrance Design Buildings shall have clearly-defined, highly visible customer entrances that include no less than three of the following design features (See Figure 3-25): (a) (b) (c) (d) Canopies/porticos above the entrance; Roof overhangs above the entrance; Entry recesses/projections; Arcades that are physically integrated with the entrance;
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Article 3: Development Standards Section 3.5: Neighborhood Compatibility Standards Subsection 3.5.1: Purpose and Intent

(e) (f) (g) (h) (i)

Raised corniced parapets above the entrance; Gabled roof forms or arches above the entrance; Outdoor plaza adjacent to the entrance having seating and a minimum depth of 20 feet; Display windows that are directly adjacent to the entrance; Architectural details, such as tile work and moldings, that are integrated into the building structure and design and are above and/or directly adjacent to the entrance; or Integral planters or wing walls that incorporate landscaped areas or seating areas. A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof.

(j)

Figure 3-25: This large retail center utilized several different design features to articulate the individual facade and customer entrances.

3.5
3.5.1

Neighborhood Compatibility Standards
Purpose and Intent
The purpose of the neighborhood compatibility standards is to protect the character of existing residential neighborhoods in instances where there is a proposed infill development or a redevelopment project. The primary focus of these compatibility standards is to ensure that new infill development or development in the NC-F district relates to the massing and scale of the surrounding structures.

3.5.2

Applicability
(A) (B) Except where exempted by Section 3.5.3, Exemptions, these standards shall apply to the development, expansion, or redevelopment of uses in the R1-B and NC-F districts. For the purposes of these standards, “expansion” shall mean the expansion of the building floor area of the ground floor by more than 15 percent of the building’s footprint that existed at the effective date of this Code.

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Article 3: Development Standards Section 3.5: Neighborhood Compatibility Standards Subsection 3.5.3: Exemptions

(C)

For the purposes of these standards: (1) “Adjacent” shall mean a condition where one lot abuts or is located directly across a street, alley, right-of-way, easement, public trail, or public greenway from another lot; and “Block Face” shall mean all lots that have frontage on the same street as the subject lot between an intersecting street or other boundary.

(2)

3.5.3

Exemptions
The following forms of development shall be exempt from the standards of this section: (A) (B) (C) (D) (E) Accessory buildings13; Development subject to an approved master plan, development agreement, variance, or planned unit development protected by a PD-O district; and Existing nonresidential or mixed-use development lawfully established prior to the effective date of this Code; A change of use, with no structural changes, that is permitted in the base zoning district; and The complete redevelopment of an entire block where all existing structures are removed. Such redevelopment shall be subject to the standards of the applicable zoning district. All development subject to these neighborhood compatibility standards shall comply with the standards of this subsection. Compliance with these standards shall be shown in the zoning certificate application for uses in the R1-B district or site plan review for uses in the NC-F district. Design Standards (1) Setbacks and Build-to Lines (a) For new development or expansion of an existing building, the applicant shall demonstrate how the proposed building will (in order of priority):
(i) (ii) Meet the average front setbacks of residential buildings along the same block face; or Meet the build-to line of the R1-B or N1-B district, whichever is adjacent to the site.

3.5.4

Standards for all Development
(A) (B) (C)

(b)

All new development or expansion of an existing building shall demonstrate that the construction meets the average side yard setbacks along the block face. All development shall comply with rear setback requirements of the R1-B district. No principal building shall be constructed which is more than 20 percent taller or shorter than the average height of principal buildings along the block face.

(c) (2)

Building Height and Massing (a)

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.
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Article 3: Development Standards Section 3.5: Neighborhood Compatibility Standards Subsection 3.5.5: Standards for Development in the NC-F District

(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. 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).

(c)

Figure 3-26: The detached dwelling in the foreground exhibits compatibility with the surrounding dwellings in regard to design, scale, setbacks, and materials. (3) Front Porches Where the majority of buildings along the same block face have front porches, the building subject to this subsection may also include a front porch that has a width and depth generally similar to the average width and depth of porches along the same block face.

3.5.5

Standards for Development in the NC-F District
Development subject to requirements of this section shall comply with the following standards in addition to the other requirements of this section: (A) Site Plan Review The standards of this section shall be reviewed through the site plan review process established in Section 5.5.6, Site Plan Review. Use Limitations The following uses or features shall be prohibited as principal or accessory uses in the NC-F district: (1) (2) (3) (4) Drive-through establishments; Public address/speaker systems; Outdoor storage; and Uses providing delivery services via automobile or truck.

(B)

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Article 3: Development Standards Section 3.5: Neighborhood Compatibility Standards Subsection 3.5.5: Standards for Development in the NC-F District

(C)

Site Layout (1) Off-Street Parking (a) The total amount of off-street parking shall not exceed the required minimum specified in Section 3.8, Off-Street Parking, Loading, and Mobility, and may be reduced by 20 percent in the NC-F district. Off-street parking shall be established in one of the following locations (listed in priority order):
(i) (ii) (iii) (iv) Adjacent to off-street parking lots serving nonresidential uses on abutting lots; Adjacent to lot lines abutting nonresidential development; On a lot’s corner side; Behind the building;

(b)

(c)

Off-street parking may be established adjacent to lot lines abutting residential uses or in front of the building Only if the applicant can demonstrate that there is no other alternative location for the parking. Fully opaque screens (established with vegetation, walls, fences, berms, or a combination of these features) to a minimum height of four feet above grade shall be maintained along all lot lines abutting residential uses. Screen height shall be increased to a minimum height of six feet above grade between off-street parking areas and abutting residential uses. Screening shall not interfere with public sidewalks or improved pedestrian connections. Mechanical equipment shall be fully screened from adjacent residential uses by a fence, wall, landscaping, or combination of these features. See Section 3.6.10, Screening Requirements. Outdoor lighting shall:
(i) (ii) (iii) (iv) Have a maximum height of 15 feet; Be fully-shielded; Be configured so that the source of illumination is not visible; and Be directed down and away from adjacent residential lots.

(2)

Landscaping/Screening (a)

(b) (c)

(3)

Outdoor Lighting (a)

(b) (D) Operation (1)

The requirements of Section 3.3.3, Outdoor Lighting Standards, shall also apply.

Nonresidential uses with outdoor activities (e.g., outdoor dining) located adjacent to lots in a low or medium density residential district shall curtail outdoor activities by 8:00 PM Sunday through Thursday, and by 10:00 PM on Friday and Saturday. Loading or unloading activities shall take place only between the hours of 7:00 AM and 7:00 PM.

(2)

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.1: Purpose

3.6
3.6.1

Landscape, Screening, and Buffering Standards
Purpose
The purpose of this section is to protect and promote the public health, safety, general welfare, and beautification of Northfield through the city’s authority to regulate land use in a method that utilizes the benefits of landscaping. Specifically, it is the purpose of this section to: Protect privacy and provide buffering land uses of differing intensities ; Aid in noise, glare and heat abatement; Contribute to the process of air purification, ground water recharge, and control of ground water runoff; (D) Encourage efforts to preserve large trees, natural wet lands, and/or other natural features; (E) Prevent tree loss by eliminating or reducing compaction, filling or excavation near tree roots; (F) Prevent or reduce soil erosion and sedimentation and stormwater runoff; (G) Enhance energy conservation; (H) Control the urban heat island effect; (I) Increase and maintain property values; and (J) Preserve the variety and extent of the city’s urban forest as an integral part of this city’s identity and infrastructure (A) (B) (C)

3.6.2

Applicability
The requirements of this section shall apply to all proposed development and new land uses unless otherwise stated.

3.6.3

Compliance and Maintenance Required
(A) Where landscaping is required, no building permit shall be issued until the required landscaping portion of the site plan or zoning certificate application has been submitted and approved. See Section 3.6.12, Installation, for installation timing requirements. Steep slope areas (those in excess of 12 percent slope) shall be landscaped to maximize opportunities for native vegetation restoration in compliance with this section and this Code.14

(B) (C)

3.6.4

General Landscaping Material Standards
Landscape materials should complement the form of the existing trees, plantings, and vegetation as well as the development’s general design, architecture, and site direction or orientation (e.g., north/south or east/west). The amount of shade or sun should be considered in selecting plant materials. Landscape materials shall consist of the following: (A) Plants All plant materials shall be living plants and shall meet the following requirements: (1) Approved and Prohibited Plant Types (a) To conserve water, the installation of native and/or drought-tolerant landscape materials is strongly encouraged.

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.
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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.4: General Landscaping Material Standards

(b) (c) (2) (a)

A list of approved and prohibited plant types are provided in Appendix <>. Artificial plants are prohibited. 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. 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.

Quality

(b)

(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. 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: Table 3.6-1: Species Diversity
Number of Trees Required on Site 1-19 20-39 40 or more Maximum Percentage of Trees that may be of a Single Species 50% 33% 25%

(4)

(5)

Vegetation Size and Quality Requirements (a) Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height (DBH) of two and one-half (2.5) inches at the time of planting. Multi-stem varieties shall be a minimum of six feet in height above ground level at the time of planting. Understory, small maturing, or ornamental trees shall have a minimum DBH of two inches at time of planting. Multi-stem varieties shall be a minimum of seven feet in height above ground level at the time of planting. Evergreen trees shall be a minimum of six feet in height at the time of planting. All trees shall be adequately supported when planted. The supports shall be maintained until the trees are capable of withstanding the force of wind on their own. Shrubs or hedges that are upright in nature shall be a minimum of two feet tall in height at the time of planting, and shrubs or hedges which are spreading in nature shall be a minimum of 18 inches in diameter at the time of planting.

(b)

(c) (d)

(e)

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.5: Landscaping Standards

(f)

Grass shall be planted in species normally grown as permanent lawns in Minnesota, and may be sodded or seeded; except in swales or other areas subject to erosion where solid sod, erosion reducing net, or suitable mulch shall be used, nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Ground cover shall be planted in such a manner as to present a finished appearance and 75 percent of complete coverage after one complete growing season. In certain cases, ground cover may also consist of decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes.

(g)

(h) (B)

Earth Mounds or Berms (1) (2) Earth mounds shall be physical barriers which block or screen the view similar to a hedge, fence or wall. Mounds shall be constructed with proper and adequate plant material to prevent erosion. Where existing vegetative and/or topographic conditions provide a natural buffer, additional screening may not be required.

(C)

(3) Where mounds are to be mowed, the maximum permitted slope is 3:1. 15 Walls and Fences Walls and fences shall comply with the standards of Section 3.3.1, Fencing and Walls for any proposed new building, residential or otherwise. Minimum Dimensions Wherever this Code requires a landscaped area of a specified width, the width shall be measured within (interior measurements) any curb or wall bordering the landscaping area. Protective Curbing Required landscaping shall be protected with a minimum six-inch high concrete curb, except adjacent to bicycle paths, or where otherwise deemed unnecessary by the City Engineer or in locations where landscape improvements are installed for the purpose of water quality management. (ADD GRAPHIC) Safety Requirements Landscape materials shall be located so that at maturity they do not: (1) (2) Interfere with safe sight distances for bicycle, pedestrian, or vehicular traffic; Conflict with overhead lights, utility lines, or walkway lights; or

3.6.5

Landscaping Standards
(A)

(B)

(C)

(D)

(3) Block bicycle or pedestrian ways. Water Features Decorative water features (e.g., fountains, ponds, waterfalls) shall have a re-circulating water systems.

15

Confirm this slope ratio with the City Engineer and then add a graphic.
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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.6: Street Trees Required

(E)

Maximum Amount of Paving Allowed on Single-Family Dwelling Lots (1) (2) (3) (4) Paving shall be limited to no more than 30 percent of the front or street side setback areas in order to limit the amount of hardscape paving in these areas. Increases in the maximum amount of allowable hardscape paving may be approved by the City Planner if necessary to provide safe ingress and egress for the site. No parking shall be allowed in the landscaped areas. Single dwelling front and street side setback areas shall only be used for the temporary parking of motor vehicles. Storage of vehicles in these areas shall not be allowed. No vehicles shall be parked in the front and/or street side setback areas other than on a paved driveway.

(5)

3.6.6

Street Trees Required
(A) At least one street tree shall be properly installed for each 50-foot length of right-of-way. This requirement may be modified depending on the chosen tree species and its typical spread at maturity. Trees required for parking lot perimeter landscaping in Section 3.6.8 (C), Perimeter Landscaping Requirements may count toward this street tree requirement. Tree Inventory Required (1) As part of a submittal application for site plan review or a major subdivision, the applicant shall submit a tree inventory or professionally prepared tree survey (as appropriate) that clearly depicts the following: (a) (b) (c) (2) Lot lines of the parcel(s) involved; The exact location, health, type, and size of all trees with a DBH of 18 inches or more located on the parcel(s) involved; and Recommendations of which trees, or stands of trees, should be retained and protected.

(B)

3.6.7

Tree and Woodland Preservation
(A)

(B)

The tree inventory shall be taken and reported by a qualified arborist, nurseryman, horticulturist, or landscape architect who is licensed, certified, registered or otherwise qualified in the State of Minnesota. Tree Protection Requirements Unless exempted pursuant to Section 3.6.7 (D), Exemptions, all trees with a DBH of 18 inches or more shall be retained as a protected tree, to the maximum extent feasible. (1) Credit Towards Open Space and Landscape Requirements (a) Only those trees meeting the location, species, health, and minimum size requirements applicable to new landscape materials (See Section 3.6.4, General Landscaping Material Standards.) shall be credited, and the applicant shall be responsible for demonstrating how retained trees meet the standards of this code. Existing viable trees meeting the minimum size requirements for new plantings that are located within 20 feet of the perimeter edge of a surface off-street parking area shall be credited towards the parking lot perimeter
Land Development Code 117

(b)

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.7: Tree and Woodland Preservation

landscape requirements of Section 3.6.8 (C), Perimeter Landscaping Requirements. (c) Existing viable trees meeting the minimum size requirements for new plantings that are not credited towards buffer or parking lot requirements may be credited towards any other landscaping requirements of this Code. Except in cases where a tree is determined by the City Planner to meet one of the exemptions stated in Section 3.6.7 (D), Exemptions, the City Planner shall allow the removal of protected trees only if the landowner demonstrates all of the following standards are met:
(i) (ii) (iii) The site is otherwise in compliance with this subsection; The protected tree is an obstacle to access on the lot or site and no alternative exists for relocating such access; and Replacement tress shall be provided in accordance with Table 3.6-2.

(2)

Removal and Replacement of Protected Trees (a)

Table 3.6-2: Replacement Tree Requirements
Caliper of Original Tree 18 – 24 inches DBH 24 – 36 inches DBH 36-48 inches DBH 48+ inches DBH Replacement Trees Required 1 caliper inch per each caliper inch of the protected tree removed 2 caliper inch per each caliper inch of the protected tree removed 3 caliper inch per each caliper inch of the protected tree removed 4 caliper inch per each caliper inch of the protected tree removed

(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. Replacement trees shall not be used to meet any other landscape requirements.

(v)

(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

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.7: Tree and Woodland Preservation

(d)

Cutting, Removal, or Harm Prohibited Except as allowed by Section 3.6.7 (B) (2), Removal and Replacement of Protected Trees, protected trees shall not be cut, removed, pushed over, killed, or otherwise harmed.

(e)

Paving or Soil Compaction Prohibited The area within the critical root zone of any protected tree shall not be subject to paving or soil compaction.

(3)

Tree Protection during Construction (a) Owner’s Responsibility During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed trees from damage both during and after construction in accordance with the standards of this subsection. (b) Tree Protection Fencing
(i) All protected trees and trees intended for use as credit towards the landscaping standards of this section shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. Fencing shall extend at least one foot in distance from the edge of the drip line (See Figure 3-27 for illustration of a drip line.), but in no case closer than ten feet to the trunk. The City Planner shall consider existing site conditions in determining the exact location of any tree protection fencing.

Figure 3-27: Illustration of the drip line area of a tree.
(ii) All fencing required by this subsection shall four feet in height and secured using appropriate posts.

(4)

Encroachments into Root Zones (a) (b) Encroachments within the root zones of trees protected in accordance with this subsection shall occur only in rare instances. If such an encroachment is anticipated, written verification by a qualified arborist shall be required documenting the tree’s condition before and after
Land Development Code 119

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.8: Parking Lot Landscaping

the encroachment, including preventive measures that shall be employed prior to, during, and after the encroachment to insure the viability of the tree. (C) Monitoring and Maintenance of Tree Protection Owners of land shall be responsible for the preservation and maintenance of all trees required to be saved and protected under this subsection. Exemptions (1) The following tree removal activities are exempt from the standards of this section: (a) (b) Removal of trees that are dead or dying based on an analysis and report by a qualified arborist; Removal of trees that are determined by the City Engineer to be a nuisance or threat to an existing structure, underground utility, or to the public health, safety, or welfare; Removal of trees prohibited by the city as established in Appendix A; and Removal by the city, or its authorized agent, of trees on city or publicly owned land and within public rights-of-way in accordance with this chapter to complete street improvement projects.

(D)

(c) (d)

(2)

For the purposes of this section, a tree will be considered removed if 30 percent or more of the trunk diameter is injured.

3.6.8

Parking Lot Landscaping
Each required parking area of six spaces or more shall be landscaped pursuant to this subsection whenever there is an expansion of a structure (e.g., enlargement or increase in capacity by adding floor area or seats), a change in use (e.g., a more intense use is proposed, requiring more parking) related to an existing parking lot, or the establishment of a new structure and/or use. (A) (B) (C) Landscaping shall be provided throughout the parking lot as a combination of ground cover, shrubs, and trees. Areas containing plant materials may require a protective curbing pursuant to Section 3.8.10(G), Wheels Stops and Curbing. Perimeter Landscaping Requirements All surface parking areas shall be screened from streets and adjoining residential properties, and the open areas between the property line and the public street right-of-way shall be landscaped. (1) Parking Lots Adjacent to Streets (a) A parking area for a nonresidential use or a multi-family residential use adjacent to a public street shall be designed to provide a ten foot landscaped planting strip between the street right-of-way and any parking area.

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

120

Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.8: Parking Lot Landscaping

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). 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. Shade trees shall be provided at a minimum rate of one for every 40 linear feet of landscaped area. 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)

(d) (e)

Figure 3-29: Illustration of parking lot perimeter screening. (2) Parking Lots Adjacent to Side or Rear Property Lines (a) Parking areas for nonresidential uses shall provide a perimeter landscape strip at least six feet wide (inside dimension) where the parking area adjoins a side or rear property line. The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required.
Land Development Code 121

(b)

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.8: Parking Lot Landscaping

(c) (3)

Trees shall be provided at the rate of one for each 40 linear feet of landscaped area.

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) (b) A four-foot high solid decorative masonry wall or fence 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). 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. 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.

(b)

(c)

(2)

Landscaping Location Landscaping shall be evenly dispersed throughout the parking area, as follows. (a) (b) (c) (d) Landscaped islands shall have a minimum width of nine feet as the narrowest dimension. Orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas. The trees should be of a variety to provide the shade canopy and have an unobstructed cross visibility between two and six feet. 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. 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.

(e)

(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

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.9: Buffering Between Land Uses

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.). 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.).

(c)

Figure 3-30: Illustration of parking island location. (d) (e) (4) Each individual landscaped island shall include a minimum of one tree, and two shrubs. The landscaped medians required in paragraph (c) above shall be planted with one deciduous tree every 20 lineal feet.

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.

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Land Development Code

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.9: Buffering Between Land Uses

3.6.9

Buffering Between Land Uses
(A) General (1) Development shall provide a buffer between land uses in accordance with this section. The buffer shall have the width, amount of vegetation, and other features to properly mitigate the negative effects of contiguous incompatible uses.

(2) (B)

Development in the C1-B and AH-S districts shall be exempt from these requirements. Locational Standards (1) Location (a) (b) (c) Buffer areas shall be located between the uses for which they are required to buffer or screen. When the same property owner owns and is developing adjoining parcels, the required buffer area may be placed on either parcel. When a different property owner owns the adjacent property, the buffer area shall be placed on the property being developed.

(C)

Structures No structure shall be permitted within a required buffer other than a wall, fence, or earth berm. Parking areas and driveways shall not encroach upon buffer areas. Minimum Required Buffer Area Table 3.6-3 sets forth the minimum required buffer area based upon the adjacent zoning district. The abbreviations used in the table are described as follows: (1) Moderate Buffer Area An “A” in a cell indicates a moderate buffer area is required with a minimum width of ten feet. Average Buffer Area A “B” in a cell indicates an average buffer area is required with a minimum width of 15 feet. Substantial Buffer Area A “C” in a cell indicates a substantial buffer area is required with a minimum width of 25 feet. Major Buffer Area A “D” in a cell indicates a major buffer area is required with a minimum width of 40 feet. No Buffer Are Required An “N” in a cell indicates that there is no minimum buffer area required. Table 3.6-3: Required Buffer Areas

(D)

(2)

(3)

(4)

(5)

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Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.10: Screening Requirements

R1-B or N1-B (Nonresidential Uses)

R2-B, R3-B, or R4-B

R1-B or N1-B (Residential Uses)

NC-F

CD-S

Proposed Use:

Adjacent to: R1-B or N1-B (Residential Uses) R1-B or N1-B (Nonresidential Uses) R2-B, R3-B, or R4-B C1-B C2-B I1-B AH-S CD-S PI-S NC-F ED-F

N A B B C D N N N N C

A N N N N N B N N N N

B N N B C D B B N N C

C B B B N N C B B N N

D C C C B N D C C B B

B N N N B C B N B B B

B B N N N B B N N N N

N N N N N B B N N N N

C B

B N N B B B B N

(E)

Minimum Planting Requirements For every 100 lineal feet of a buffer area, the following number of plants shall be provided for each required buffer area as set forth in Table 3.6-4:

Table 3.6-4: Minimum Planting Requirements
Required Buffer Area “A” “B” “C” “D” Minimum Trees (Deciduous or Ornamental) per 100 lineal feet 3 0 3 3 Minimum Evergreen Trees per 100 lineal feet None 3 3 6 Minimum Shrubs per 100 lineal feet 3 9 9 18

3.6.10

Screening Requirements
(A) Intent and Applicability In addition to all other landscaping standards in this section, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other landscaping material. Items to be Screened The following areas shall be screened in accordance with this section: (1) Large waste receptacles (dumpsters) and refuse collection points (including large recycling containers);
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(B)

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ED-F

C2-B

I1-B

PI-S

Article 3: Development Standards Section 3.6: Landscape, Screening, and Buffering Standards Subsection 3.6.11: Changes to Approved Landscape Plans

(2) (3) (4) (5)

Loading and service areas; Outdoor storage areas (including storage tanks) not subject to the outdoor storage requirements of Section 0, Outdoor Dining, Display, and Storage; and

(C)

Mechanical equipment and utility meters not located on, and screened by, the building or structure. Screening Requirements (1) (2) (3) All screening shall be approved during zoning certificate or site plan review. All items to be screened shall be shielded from view from public roads and adjoining property. All items to be screened shall be provided with a visual screen consisting of fences, walls, berms or approved plant materials (See Section 3.6.4, General Landscaping Material Standards.) or a combination thereof. The screening shall be at least one foot higher than the item to be screened but not less than six feet in height and shall extend along three sides of the items to be screened. All plant materials used for required screens around service areas shall be of an evergreen variety.

(4) (5)

(D)

If an adjacent building provides screening on one side of the service area, only two sides need to be screened, bermed, or walled, with a gate required in front of the service area. The gate shall be opaque enough to shield from view the interior of the service area. Fence or Wall Screens (1) Fences or walls shall be compatible with the architectural materials and patterns of the principal structure.

Figure 3-31: Use of a wall and fencing for screening that is architecturally compatible with the principal building. (2) Under no circumstances shall a wall be constructed of unfinished concrete or cinder block.

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3.6.11

Changes to Approved Landscape Plans
The City Planner may authorize minor changes from the requirements of this section. (A) For purposes of this subsection, minor changes shall be defined as changes to the landscaping plans that are not visible and do not affect the theme or character established for the subject development project. A revised landscape plan shall be submitted to the City Planner for review. Landscaping required as part of this section shall be installed by the time an occupancy permit is issued for the site. If landscaping is not installed, the applicant shall be required to submit a surety in accordance with Section 3.6.13, Statement of Surety. Landscaping and irrigation systems shall be installed in compliance with the approved plans before final building inspection. An extension of time for the completion of landscaping and irrigation system installation may be granted by the City Planner if implementation is secured by an agreement or posting of adequate bond or cash deposit to guarantee performance under the agreement as required by the City Planner, in compliance with Section 3.6.13, Statement of Surety. Before final inspection or issuance of a Certificate of Occupancy by the Building Official, a letter signed by a licensed landscape architect, or the landscape contractor who performed the installation shall be submitted to the City Planner and the Building Official certifying that the landscaping and improvements have been installed in compliance with the approved plan.

(B)

3.6.12

Installation
(A)

(B) (C)

(D)

3.6.13

Statement of Surety
When a surety is required, such surety shall be in the form of cash, letter of credit, performance bond, or instrument of credit, in an amount equal to 110 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the city for a two-year period in compliance with Section 3.10.4(E)(4), Forms of Financial Guarantees.

3.6.14

Maintenance of Landscape Areas
(A) Maintenance Required (1) (2) (3) (B) All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times. The landscaping shall regularly be kept clean and free of debris, litter, and weeds.

All dead or decaying material shall be replaced with new material within 30 days upon notice of the City Planner. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures is prohibited.

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.1: Purpose and Intent

3.7
3.7.1

Signage
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) (B) Promote and protect the public health, safety, comfort, morals, and convenience; 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; Restrict signs and lights that will increase the probability of traffic congestion and accidents by distracting attention or obstructing vision; Reduce conflict among signs and light and between public and private information systems; and Promote signs that are compatible with their surroundings.

(C) (D) (E)

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) (2) (3) (4) If any sign is removed and replaced on the same supports, provided the size or type of sign is not changed. No zoning certificate is required for the maintenance of a sign or for a change of copy on changeable copy signs. Signs identified in Section 3.7.5, Exemptions.

(B) (C) (D)

(E)

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. The relocation of a sign from one area of a lot to another location on the same lot shall require a zoning certificate. The alteration or enlargement of any sign shall require a zoning certificate. 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. 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.
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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.4: Computations

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. 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. 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. 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.

(B)

(C) (D)

Figure 3-32: Illustration of how sign area is calculated.

3.7.5

Exemptions
The following types of signs are exempted from all the requirements of this section, except for construction and safety regulations and the requirements set forth: (A) Public Signs Public signs with a noncommercial message, erected by or on the order of a public officer in the performance of his/her public duty, such as traffic signs, trespassing signs, memorial plaques, signs of historic interest and the like. Integral Information Integral names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent-type construction and made an integral part of the structure. Private Traffic Direction (1) Signs directing traffic movement onto a premises or within a premises, not exceeding four square feet (per side) in area and six square feet (per side) for industrial uses for each sign. Illumination of these signs shall be permitted in

(B)

(C)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.6: Multiple-Use Buildings

accordance with Section 3.7.13, Illumination. Horizontal directional signs on and flush with paved areas are exempt from these standards. Private traffic direction signs that contain a commercial message shall not be exempt. Vehicle Signs Signs on vehicles of any kind, provided the sign is painted or attached permanently to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle, except as specifically prohibited in Section 3.7.8, Prohibited Signs. Flags Flags identifying the emblem of government, school, or religious organization shall be exempt from this section with the exception that Section 3.7.10(B)(1) and Section 3.7.13, Illumination shall apply in all zoning districts. Window Signs Signs that are painted or attached to the interior windows that do not cover more than 50 percent of the window be exempt. (2)

(D)

(E)

(F)

3.7.6

Multiple-Use Buildings
Any building that is designed to contain multiple principal uses and/or multiple tenants shall be considered a multiple-use building for the purposes of these sign regulations. (A) (B) (C) Any property owner who owns a multiple-use building shall be required to submit a signage plan for each such building. The signage plan shall state the total allowable signage for the building and shall identify the allowable signage that will be allocated to each business space. Such plan shall be filed with the City Planner prior to any sign permit review.

3.7.7

Liability for Damages
This section shall not be construed to relieve or to limit in any way the responsibility or liability of any person who erects or owns any sign, for personal injury or property damage caused by the sign, nor shall this section be construed to impose upon the city, its officers, or its employees any responsibility or liability because of the approval of any sign under this section.

3.7.8

Prohibited Signs
All signs are prohibited which are described as follows: (A) (B) Signs that contain or are an imitation of an official traffic sign or signal or contain the terms "stop," "go slow," "caution," "danger," "warning," or similar words. Signs that may be confused with or construed as a traffic control device; that may hide any traffic sign, street sign or signal from view; or that may cause danger to traffic because of their size, location, movement, content, coloring, or manner of illumination. Signs, that are not temporary, that move in any manner or have a major moving part. Billboard signs or structures which are designed and erected for the purpose of selling advertising space or identifying a business not located on the property on which the sign is located. Signs that are temporarily placed or attached on any part of a relatively stationary vehicle.

(C) (D)

(E)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.9: Design Guidelines

(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) (B) (C) Neon lights are permitted for messages and symbols, but shall not flash. Signs on multiple-use buildings must be coordinated in the use of colors, materials, and shapes. Landscaping Area Required (1) Ground and pylon signs shall have plantings at and around the base that serve to: (a) (b) (2) (3) Screen the sign base and/or any lighting installed at ground level; and Tie such signage to the principal use by using plantings that are similar to those used on the rest of the site.

Such plantings shall be of the type and size specified in Section 3.6.4, General Landscaping Material Standards. 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. 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. 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. 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.

(4)

(5)

(6)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.10: Standards for Permanent Signs by Zoning District

3.7.10

Standards for Permanent Signs by Zoning District
(A) Signs in the R1-B, R2-B, R3-B, R4-B, N1-B, and AH-S Districts (1) Two permanent ground-mounted signs may be allowed for each major subdivision with 50 or more lots, or multi-family development in the R1-B, R2-B, R3-B, R4-B, N1-B, and AH-S zoning districts provided that the signs meets the following requirements: (a) (b) (c) (d) (e) (f) (2) Signs may be permitted, at each development entrance along a city, county or state road; The signs shall be setback 15 feet from the public right-of-way and five feet from any adjacent property lines; Each sign may have a maximum sign area of 32 square feet not including any fence or wall on which the sign is located; The base of all signs shall be constructed of the same building materials used for any multi-family building or other material approved by the City Planner. No such sign or any portion of the structure shall exceed five feet in height; and Only concealed external light illumination may be permitted.

Public and institutional uses may have one wall sign and one ground-mounted sign totaling a maximum of 60 square feet in area. (a) (b) (c) (d) The signs shall be setback 15 feet from the public right-of-way and five feet from any adjacent property lines; The sign may include a changeable copy sign provided that it does not comprise more than 20% of the total sign area of the sign; No such sign or any portion of the structure shall exceed five feet in height; and Only concealed external light illumination may be permitted.

(3) (4)

Larger signs for public and institutional uses may be considered as part of a conditional use permit. Agricultural uses may have one sign that meets the same requirements as those signs allowed for public and institutional uses; however, changeable copy signage shall be prohibited on signs for agricultural uses.

(5)

(B)

Commercial or offices uses that are permitted in the N1-B district shall comply with the sign standards established for the NC-F district in Section 3.7.10 (C) below. General Requirements for Signs in the C1-B, C2-B, I1-B, NC-F, and ED-F Districts16 No pylon sign shall exceed 20 feet in height above the grade at the centerline of the street in front of the property. All ground-mounted flag poles, banners and pennants are also restricted by this height limitation.

(1)

16

We tried to clean up the rest of these sections related to number, size, and height of signs but made little substantive changes. Making significant changes to the sign regulations could lead to a delay in adoption because those changes typically are very controversial.
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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.10: Standards for Permanent Signs by Zoning District

(2) (3)

Illumination of signs is permitted, but in accordance with the restrictions stated under Section 3.7.13, Illumination. Sidewalk Signs (a) (b) (c) (d) (e) (f) (g) Sidewalks signs are permitted in the C1-B district only. All sidewalk signs shall be limited to two feet in width and three and onehalf (3.5) feet in height, including the support members. No sign shall have more than two faces. The sign shall be placed only in front of the business without significantly limiting the normal pedestrian use of the sidewalk. One sign is permitted for each business, and it shall be removed from the sidewalk at the end of each business day. No sidewalk sign shall be illuminated. 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) (b) 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. 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. 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.

(c)

Figure 3-33: Calculation of maximum wall sign area.

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.10: Standards for Permanent Signs by Zoning District

(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. The total area of all signs shall not exceed allotted sign area. 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 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. A pylon or ground sign may be located anywhere back of the street right-ofway lines, subject to other restrictions in this section. 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.

(e) (f)

(2)

Location (a)

(b) (c)

(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. No wall sign shall exceed 200 square feet per wall. 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. The total area of all signs shall not exceed allotted sign area.

(b) (c)

(d) (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) (b) Ground and kiosk signs may not exceed eight feet in height above the center line of the street in front of the property. Pylon signs are prohibited.

17

Limitation for the F-NC district.
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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.10: Standards for Permanent Signs by Zoning 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. 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. Location (a) (b) Signs may be wall signs located anywhere on the 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 a driveway or alley. Signs may be ground or kiosk signs. 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.

(3)

(4)

(c) (d)

(F)

Signs in the DH-O District and on Heritage Preservation Sites (1) (2) (3) (4) This subsection applies to the DH-O district and other sites that have been designated as heritage preservation sites. Signage shall be designed to enhance and complement the historic character of buildings within the historic district. Prior to issuance of a zoning certificate, the applicant shall be required to apply for, and received, a certificate of appropriateness for the sign. HPC shall review the sign permit application in accordance with the following guidelines: (a) (b) (c) All sign permits for property within the O-DH shall comply with both the requirements of this section. Whenever possible, sign review shall be guided by the use of historic photographs or visual records of the building or site. 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. Pylon signs are prohibited.

(d)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.10: Standards for Permanent Signs by Zoning District

(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) (b) (c) (d) At or above the horizontal lintel, cornice, or beltcourse, or above the storefront windows; Projecting from the building; Applied to or painted on canvas awnings; or 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. 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.

(7)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.11: Temporary Signs

(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. 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.

(9)

(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. 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.

(B)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.11: Temporary Signs

(2) (3) (C)

Signs in all other zoning districts shall have a maximum sign area of 12 square feet and a maximum height of five feet.

Such signs shall be removed within seven days of the sale, rental, or lease or within two years, whichever occurs first. Temporary Signs with Noncommercial Speech Temporary signs that have no commercial message are permitted in all districts as follows: (1) (2) Zoning certificates and fees shall not be required; and

(D)

Signs shall be setback a minimum of 12 feet from the edge of pavement on any street to provide for visibility. 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. Temporary signs may be permitted during the construction of a development under the following provisions: (a) (b) (c) The owner of the property where the sign will be located applies for, and receives a zoning certificate for the sign; 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 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.

(2)

(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.

(F)

(2) Promotional signs shall require a zoning certificate. Garage/Yard Sale Signs (1) (2) 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.

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) (2) (3) 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. Such sign shall not exceed the sign area permitted within the appropriate zone. Such sign shall require a zoning certificate.

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.12: Changeable-Copy Signs

3.7.12

Changeable-Copy Signs
(A) Generally (1) All Changeable-copy signs shall be subordinate to the main signage permitted on the property. The sign area of changeable-copy signs shall be counted as part of the total sign area permitted for the property. All permanent changeable-copy signs are strictly prohibited except for uses described in Subsections (B), (C) and (D) below.

(2)

(B)

Changeable-copy signs may include signs that are manually changed by a person or electronic/digital changeable-copy signs. Electronic/digital changeable-copy signs, where permitted, shall be static and shall not flash or move. Such copy may be changed as often as every 30 minutes. Public and Institutional Uses Changeable-copy signs for public and institutional uses are subject to the following: Only one changeable-copy sign is permitted for each use or parcel of land unless such signs are separated by a distance of 500 feet or more. The sign face, which shall be limited to two faces, shall not exceed 20 square feet per face and a maximum letter height of four inches.

(1) (2) (3) (C)

Electronic/digital changeable-copy signs shall only be permitted in nonresidential zoning districts. Theaters Changeable-copy signs for theaters are subject to the following: (1) (2) A maximum of two manual or electronic/digital changeable-copy signs are permitted.

(D)

The total changeable-copy signage shall not exceed 50 percent of the total signage allowed. Signs Associated with Gasoline Stations Changeable-copy signs for gasoline stations are subject to the following: (1) (2) (3) One price information sign is permitted per building frontage. Each sign shall not exceed 12 square feet per face and shall have no more than two faces. Each sign must be permanently installed.

3.7.13

Illumination
(A) Illumination for signs, if used, shall not blink or fluctuate. Light rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines, in any direction, except by indirect reflection. Section 3.7.13(A) shall not apply to the following: (1) (2) (3) Lighting systems owned or controlled by any public agency for the purpose of directing of traffic or for highway or street illumination; Aircraft warning lights; or Temporary lighting used for repair or construction as required by governmental agencies.

(B)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.14: Nonconforming Signs

3.7.14

Nonconforming Signs
Standards for nonconforming signs are as follows: (A) A legal nonconforming sign shall immediately lose that status if the sign is altered in any way in structure or copy, except for changeable-copy signs and normal maintenance, which makes the sign comply less with the requirements of this section than it did before the alteration If a sign loses its legal nonconforming status pursuant to paragraph (A) above, a new zoning certificate shall be required or the sign shall be removed. Nonconforming sign areas shall be governed by the area requirements of the zoning district into which they would normally be placed. Nothing in this subsection shall relieve the owner or user of the property on which a nonconforming sign is located from the sections of this section regarding safety, maintenance, and repair of signs. If, however, any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure modifies the sign structure or copy in any way which increases its nonconformity, the sign shall lose its legal nonconforming status. Except as otherwise provided in this section, any sign that is located on property which becomes vacant and unoccupied for a period of three months or more or any sign which pertains to a time, event, or purpose that no longer applies shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the property. Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of the sign. If the sign is not made to comply with adequate safety standards, the City Planner shall require its removal in accordance with this section. No person shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises. The City Planner shall cause to be repaired or removed any sign that does not conform to the standards of this section or that endangers the public safety such as an abandoned sign, a dangerous sign or a materially sign, an electrically sign or a structurally defective sign or a sign for which no permit has been issued. The City Planner shall prepare a notice that shall describe the sign and shall specify the violation involved and shall state that, if the sign is not repaired or removed or the violation is not otherwise corrected within 30 days, the sign shall be repaired or removed in accordance with this section.

(B) (C) (D)

3.7.15

Abandoned Signs
(A)

(B)

(C)

3.7.16

Maintenance and Repair
(A)

(B)

3.7.17

Repair or Removal by City Planner
(A)

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Article 3: Development Standards Section 3.7: Signage Subsection 3.7.17: Repair or Removal by City Planner

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

(B)

Staff to check to see if bids are still required. The City Attorney should also review this section.
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Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.1: Purpose

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.

3.8
3.8.1

Off-Street Parking, Loading, and Mobility
Purpose
The purpose of this section is to regulate the amount and location of vehicle parking and maneuvering areas in order to promote a more efficient use of land, enhance urban form, encourage the use of alternative modes of transportation, provide for better pedestrian movement, and protect air and water quality. The provisions of this section are intended to: Prevent and alleviate the congestion of public streets; Encourage the incorporation of alternative modes of transportation by emphasizing pedestrian circulation and establishing requirements for bicycle parking; (C) Increase and protect the capacity of the roadway system; (D) Promote greater safety of passage between highway and land; (E) Minimize the detrimental effects of vehicular use areas on adjacent properties; (F) Encourage the reduction of impervious surfaces through effective design and the use of shared parking where practical; and (G) Promote the health, safety, and public welfare by establishing minimum requirements for off-street parking and loading areas as well as provisions for access control. (A) (B)

3.8.2

Applicability
(A) New Uses The parking and loading requirements of this section shall apply to a site plan review or zoning certificate application for the construction of a new building or use in any district. Expanded Uses (1) Whenever a building or use created prior to the effective date of this Code is changed or enlarged in floor area, number of units, seating capacity, or otherwise that will create a need for an increase in the number of parking spaces, the additional parking spaces shall be provided on the basis of the new demand created by the enlargement or change. If the proposed expansion or enlargement will increase the floor area, number of dwelling units, seating capacity, or other area to an extent larger than 20 percent of the building or use prior to the effective date of this Code, then the entire site shall come into compliance with the requirements of this section. Any expansion or enlargement smaller than that established in paragraph (2) above shall comply with the requirements of this section for any new parking or loading areas required for the expansion. In cases where these small expansions or enlargements occur over a period of time after the effective date of this Code, the site shall come into full compliance with the requirements of this section once the total expansion or enlargement of the floor area, number of dwelling units, seating capacity of other area exceed 20 percent of the original size at the time this code became effective.

(B)

(2)

(3)

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Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.3: General Provisions

(C)

Change of Use No change of use shall be authorized unless the new use meets the minimum number of parking spaces required by this section. Existing Uses The parking and loading requirements of this section shall not apply to buildings and uses legally in existence on the effective date of this Code unless modified in the manner stated in Subsections (A) or (B) above. Furthermore, any parking or loading facilities now serving such existing buildings or uses shall not be reduced below the requirements established in this section in the future. Maintenance The duty to provide and maintain all such parking and loading areas shall be the joint responsibility of the owner, operator, and lessee of the use for which the vehicular areas are required. Each land use and structure, including a change or expansion of a land use or structure, shall provide suitable off-street parking and loading facilities in compliance with this section. Parking Plan Required Plans for all parking facilities, including parking garages, shall be submitted to the City Planner for review whether through zoning certificate review or site plan review. Parking and Loading Spaces to be Permanent Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve; provided, that the approval of a temporary use permit may allow the temporary use of a parking or loading space for other purposes. Parking and Loading to be Unrestricted A lessee, owner, tenant, or other person having control of the operation of a premises for which parking or loading spaces are required by this section shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the City Planner. Truck Parking in Residential Areas No motor vehicle over one-ton capacity bearing a commercial license and no commercially licensed trailer shall be parked or stored in a residential district or on a public street except when loading, unloading, or rendering a service. Recreational vehicles and pickups are not restricted by the terms of this subsection. Vehicles for Sale No vehicle, trailer, or other personal property shall be parked on private property for the purpose of displaying the vehicle, trailer, or other personal property for hire, rental, or sale, unless the applicable zoning allows the use, and the person or business at that location is licensed to sell vehicles, trailers, or other personal property. General Access and Circulation Requirements (1) The traffic generated by any use, whether vehicular or pedestrian, shall be channeled and controlled in a manner that will avoid: (a) Congestion on the public streets;
Land Development Code 143

(D)

(E)

3.8.3

General Provisions
(A)

(B)

(C)

(D)

(E)

(F)

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Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.4: Rules for Computation

(b) (c) (2)

Traffic hazards including obstacles to safe pedestrian and bicycle access; and Excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow.

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. 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 threefamily dwellings where driveways may be used in calculating the amount of offstreet parking. 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. 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. Gasoline Stations Spaces at the pump at a gas station may count toward the minimum parking space requirements. 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. In hospitals, bassinets shall not be counted as beds. 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. 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.
Land Development Code 144

(2)

(3)

(4)

(5)

(6)

(b) (c)

(7)

Unlisted Uses (a)

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Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.5: Off-Street Parking Space Requirements

(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). 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.

(c) (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. Singlefamily and two-family dwelling units shall be exempt from this requirement. 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.

(9)

3.8.5

Off-Street Parking Space Requirements
(A) (B) (C) (D) Table 3.8-1 defines the number of parking spaces required for each use within the city. 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. Uses in the C1-B district are exempt from these requirements. See Section 3.8.7, Bicycle Parking for off-street parking requirements for bicycles. Table 3.8-1: Number of Parking Space Requirements
Use Parking Space Requirements Residential Uses 1 space per 2 bedrooms 1 space for every unit 1 space per 2 beds 1 space per 2 bedrooms in addition to those required for the dwelling unit type 1.5 spaces per dwelling unit for efficiencies and one-bedroom units and 2 spaces per dwelling unit for dwellings within 2 or more bedrooms 2 spaces per dwelling unit 2 spaces per manufactured home on or directly adjacent to the manufactured home stand Office Uses 1 spaces per 350 square feet with a minimum of 5 spaces 5 spaces per 1,000 square feet with a minimum of 5 spaces Commercial Uses 4 spaces per 1,000 square feet with a minimum of 5 spaces 4 spaces per 1,000 square feet with a minimum of 5 spaces
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Boarding, Lodging, or Tourist Homes Residence Halls Nursing and Convalescent Homes Residential-Care, Licensed In-Home for 6 or Fewer Persons Dwelling, Multi-Family Dwelling, Single-Family, TwoFamily, or Three-Family Manufactured Home Park General Offices Medical or Dental Clinic or Offices Adult Uses Animal Hospital/Veterinary Clinics
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Table 3.8-1: Number of Parking Space Requirements
Use Auto Service Stations and Repair Facilities Banks or Financial Institutions Banquet Halls Bars, Taverns, Nightclubs Day Care Facilities Motor Vehicle, Boat, Trailer, or Recreational Vehicle Sales, Rental, and Service Car/Truck Washing Establishments Funeral Home Gasoline Station (Fuel Sales) Hotel, Motel, Extended Stay Establishments Personal Services Parking Space Requirements 4 spaces per 1,000 square feet 4 spaces per 1,000 square feet with a minimum of 5 spaces 1 space per 2 persons, or 1 per 1,000 square feet, whichever is greater 10 spaces per 1,000 square feet 1 space for each four children at maximum occupancy 10 spaces per 1,000 square feet of indoor floor area, plus 2 spaces per service bay (service bay may not be counted as a parking space). 3 spaces per washing bay (washing bay may not be counted as a parking space). 1 space per 50 square feet 4 spaces per 1,000 square feet of floor area, excluding services bays, plus 1 space per fuel pump or service bay (service bay may not be counted as a parking space). 1 space per room or suite plus five spaces for employees

6 spaces per 1,000 square feet, or 2 spaces per station/chair, whichever is greater 1 space per 2 fixed seats or 1 space per 2 persons based on the maximum Private Clubs occupancy, whichever is greater 15 spaces per 1,000 square feet or 1 space for each 4 seats, whichever is Restaurants greater Restaurant, Limited Service 8 spaces or 1 space for each 4 seats, whichever is greater Retail Sales and Service 4 spaces per 1,000 square feet Retail Sales and Service (Outdoors) 1 space per 750 square feet Industrial, Manufacturing, Research, and Wholesale Uses Contractor Offices, Warehouses, 1 space per 750 square feet and Yards Distribution Facilities 1 space per 2,000 square feet Industrial or Manufacturing Uses 1.5 spaces per 1,000 square feet. Mini-Warehouses 1 space per 2 storage units Outdoor Storage and Sales of 1 space per 750 square feet Material, Wholesale Warehouses 1 space per 2,000 square feet Public, Institutional, or Recreational Uses Amphitheaters, auditoriums, 1 space per 2 fixed seats or 1 space per 2 persons based on the maximum stadiums, theaters, and other places occupancy, whichever is greater of assembly Ballfields 20 spaces per field Cemetery 1 space per 4 seats in a chapel or place of assembly Cultural Institutions 3 spaces per 1,000 square feet Day Care Facilities (Centers) 1 space for every 4 children Golf Course 8 spaces per hole 1 space for every 2 patient beds plus outpatient clinics, laboratories, Hospital pharmacies and other similar uses shall have 4 spaces per 1,000 square feet
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Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.6: Disabled Parking Requirements

Table 3.8-1: Number of Parking Space Requirements
Use Recreational Facilities (Indoors) Religious Institutions School (Elementary) School (Nursery or Kindergarten) School (Secondary) School (Trade, Business, College, Seminary, or University, or Other) Telecommunication Facilities and Antennae Parking Space Requirements 2 spaces per 1,000 square feet 1 space per 3 fixed seats in the main assembly room or 1 space per 3 persons, whichever is greater 3 spaces per classroom, 1 space per 4 seats in auditorium, or 1 space for each 17 classroom seats (at maximum capacity), whichever is greater 1 space for every 4 children 1 space per 5 students 1 space for each 5 classroom seats plus 1 space for each auditorium seat 1 space per structure

3.8.6

Disabled Parking Requirements
Parking spaces required for the disabled shall be provided in compliance with all the applicable State and Federal requirements. All spaces for the disabled shall be located so that: (A) (B) (C) The spaces provide easy access from the closest parking area to the major entrance of the use for which they are provided; The disabled individual is not compelled to wheel or walk behind parked cars other than his or her own; A pedestrian way accessible to physically disabled persons shall be provided from each parking space to related facilities including curb cuts or ramps. For uses that are required to have 20 or more parking spaces, bicycle racks or other bicycle parking (and locking) accommodations shall be provided at a rate of one space for every five parking spaces. The bicycle parking accommodations shall be located in an area that will not pose a safety hazard to the bicyclists. Bicycle parking shall be subject to review and approval by the DRC as part of any permit review. Modification of Required Number of Spaces For all uses except single-, two-, and three-family dwellings, the number of parking spaces required in Table 3.8-1 above may be modified according to the following provisions. (1) Providing More Parking Spaces than the Required Number of Spaces (a) (b) An applicant shall provide the number of spaces equal to the number of required spaces or up to 10 percent more as of right. An applicant may provide additional spaces beyond those provided for in paragraph (a) above but shall be required to provide a parking study demonstrating a need for additional parking.

3.8.7

Bicycle Parking
(A)

(B) (C)

3.8.8

Modification of Parking Requirements
(A)

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Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.8: Modification of Parking Requirements

(c)

The additional spaces shall be constructed of a form of pervious paving material, approved by the City Engineer, allowing for surface water infiltration. An applicant shall provide the number of spaces equal to the number of required spaces or up to ten percent fewer as of right. The reviewing authority may permit a total reduction of up to a maximum of 50 percent of the required number of spaces upon compliance with paragraph (c) below. Ten percent of the spaces required in Table 3.8-1 may be reduced as of right but the remaining percentage, with a maximum reduction of 50 percent, may be permitted only if the applicant provides off-site parking spaces, shared parking spaces, or shadow parking spaces as provided for in this subsection.

(2)

Providing Fewer Parking Spaces than the Required Number of Spaces (a) (b)

(c)

(B)

Shadow Parking A portion of the required parking spaces may remain landscaped and unpaved or paved with pervious pavers provided that the parking and unpaved areas complies with the following standards and is authorized in accordance with Section 3.8.8, Modification of Parking Requirements. See Figure 3-35.

Figure 3-35: Illustration of shadow parking concept. (1) The parking plan submitted with the zoning certificate or site plan review application shall denote the location and layout of that portion of the parking area that currently is deemed not required. The plan shall indicate that the “shadow” parking spaces will be constructed according to these regulations in the event that the City Planner determines at any time that all or any portion of this parking is necessary.

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(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. 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 nonpaved areas required by other provisions of this section.

(3)

(4)

(C)

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. 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) (2) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities. 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) (b) A sufficient number of spaces is provided to meet the highest demand of the participating uses; 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. 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; 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. 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.

(c)

(d)

(e)

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Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.9: Location of Parking

(f) (D)

No zoning certificate will be until proof of recordation of the agreement is provided to the City Planner.

Off-Site Parking A portion of the required parking spaces may be located on a separate lot from the lot on which the principal use is located if the off-site parking complies with the following standards and is authorized in accordance with Section 3.8.8, Modification of Parking Requirements. (1) Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, hospitals, bars (if not incidental to a restaurant), or convenience stores and other convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility. No off-site parking space shall be located more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This route may include crossing a right-of-way provided it uses a legal crosswalk. If an off-site parking area is located in a different zoning district, the off-site parking areas shall adhere to the regulations of the same or a more intensive zoning classification than that required for the use served. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement shall be required. An off-site parking agreement shall be submitted and approved as to form by the City Attorney. This agreement shall include evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development. The approved off-site 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 off-site parking agreement. No zoning certificate will be issued until proof of recordation of the agreement is provided to the City Planner.

(2)

(3)

(4) (5)

(6)

(7)

3.8.9

Location of Parking
(A) Generally (1) Unless otherwise stated, parking spaces shall be located on the same lot as the principal use they serve unless the spaces meet the requirements of Section 3.8.8(C), Shared Parking or Section 3.8.8(D), Off-Site Parking.

(B)

(C) (D)

Parking is prohibited in any required screening or landscaping buffering areas as may be required in Section 3.6, Landscape, Screening, and Buffering Standards. Spaces accessory to one- and two-family dwellings shall be on the same lot as the principal use served. Required spaces for all other uses shall be on the same lot as the principal use or off-site subject to the provisions in 3.8.8(D), Off-Site Parking. Spaces accessory to multiple-family dwellings shall be on the same lot as the principal use served or within 200 feet of the main entrance to the principal building served. When a parking area is located adjacent to a nonresidential structure, a minimum eightfoot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the
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(2)

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(E)

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. 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

Table 3.8-2: Parking Area Setbacks
Zoning Districts R2-B and R3-B C2-B I1-B Parking Area Setback 10 feet along lot lines and public rights-of-way 8 feet along lot lines and 10 feet along rights-of-way 5 feet along property lines and 10 feet along rights-of-way

(2)

All setbacks near intersections of public streets shall be determined by the Public Works Director/City Engineer.

3.8.10

Parking Design Standards
Required parking areas shall be designed, constructed, and maintained in compliance with the requirements of this subsection. (A) Access to Parking Access to parking areas shall be provided as follows for all parking areas other than garages for individual dwelling units. (1) Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only. (a) (b) (2) Parking lots shall be designed to prevent access at any point other than at designated access drives. Single dwellings and multi-family dwellings units (up to a maximum of four units) are exempt from this requirement.

A nonresidential development that provides 20 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-ofway, to provide a queuing or stacking area for vehicles entering and exiting the parking area. See Figure 3-36.

19

This table is from the existing Code but does not address parking areas for commercial and industrial uses adjacent to residential uses.
Land Development Code 151

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.10: Parking Design Standards

Figure 3-36: Non-impeded access driveway. (3) (B) A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments. Access to Adjacent Sites (1) Nonresidential Developments (a) Applicants for nonresidential developments should provide on-site vehicle access to parking areas on adjacent nonresidential properties to provide for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded at the county by the owners of the abutting properties, as approved by the City Planner, guaranteeing the continued availability of the shared access between the properties.

(b)

(2) (C)

Shared pedestrian access between adjacent residential developments is strongly encouraged but not required. Parking Space Dimensions (1) Each parking space, driveway, and other parking lot features shall comply with the minimum dimensions in Table 3.8-3 as illustrated in Figure 3-37. Table 3.8-3: Parking Space and Aisle Dimensions
One-Way Maneuvering Aisle Width (Feet) “A” 12 14 18 22 Two-Way Maneuvering Aisle Width (Feet) “A” 20 20 22 24 Parking Stall Width (Feet) “B” Compact Full Size Size 8 9 8 9 8 9 8 9 Parking Stall Length (Feet) “C” Compact Full Size Size 18 22 16 20 16 20 16 18

Angle of Parking (degrees)

0 o – Parallel 30 o – 53o 54 o – 75 o 76 o – 90 o

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

152

Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.10: Parking Design Standards

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)

(D)

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. Use of Compact Vehicle Spaces (1) (2) (3) (4) This subsection provides for the establishment of compact vehicles spaces as an alternative to full sized spaces. For parking lots with 50 or more spaces, a minimum of five percent of the total spaces shall be designed for compact vehicle spaces. A maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces. 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. 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. 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 The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 3.8-3.

(5)

(6)

(7)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

153

Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.10: Parking Design Standards

(8)

(E)

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. Striping and Identification (1) (2) (3) Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface. The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans.

(F)

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). Grading, Surface, and Maintenance (1) (2) (3) (4) (5) All grading plans relating to the parking facilities shall be reviewed and approved by the City Engineer before any work can commence. All parking plans are subject to the surface water management plan. 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. In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property without an approved easement. 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.

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. 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.

(6)

(2)

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.

(3)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

154

Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.11: Internal Sidewalks and Pedestrian Access

(I)

Entrance or Exit Adjacent to Side Properly Line Prohibited (1) For residential uses, no entrance or exit, including driveways, to off-street parking areas shall be situated closer than three feet from a side property line, except in the case of a driveway serving more than one parking lot (e.g., a shared driveway), which shall be subject to the approval of the City Planner.

(J)

For all other uses, entrance and exist to off-street parking areas shall be subject to approval by the City Engineer according to the traffic impacts. Deviation from Standards Requires a Detailed Study No proposed parking layout which deviates from the standards identified in this section and which could create a safety hazard(s) shall be allowed unless the developer provides a detailed, report or study prepared by a registered transportation engineer which demonstrates that the parking layout is a viable alternative and is consistent with the purpose of this section. Where a sidewalk exists in a public right-of-way adjacent to the site, or is required to be constructed as part of the development approval, a pedestrian connection shall be constructed from the building to the sidewalk. The pedestrian connection shall have a minimum width of five feet.

(2)

3.8.11

Internal Sidewalks and Pedestrian Access
(A)

(B)

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. 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.

(D)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

155

Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.12: Driveways and Site Access

3.8.12

Driveways and Site Access
(A) Clearance from Obstructions (1) (2) (B) Street trees shall be a minimum of 10 feet from the driveway access, measured at the trunk.

A driveway shall have an overhead clearance of 14 feet in height except within a parking structure, which may be reduced to seven feet, six inches. Surfacing (1) (2) Within all zoning districts, driveways shall be paved and permanently maintained with asphalt, concrete, or approved paving units. Driveways may be constructed with the use of other all-weather surfacing as determined to be appropriate by the City Engineer, where it is first determined that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity, and that the alternate surface will not impair accessibility for emergency vehicles. A driveway with a slope of 10 percent shall be paved with rough surface concrete in all cases.

(3)

3.8.13

Loading Space Requirements
(A) Applicability The application of these loading requirements shall be limited to the same applicability as defined in Section (Applicability for Parking). Loading Spaces Prohibited Loading spaces are prohibited in all residential zoning districts and the C1-B district.. Number of Off-Street Loading Spaces Required (1) Off-street loading spaces shall be provided in accordance with the schedule set forth in Table 3.8-4 and shall not conflict or overlap with any areas used for parking.

(B) (C)

Table 3.8-4: Off-Street Loading Requirements
Gross Floor Area of Structure (square feet) 0-10,000 10,001-50,000 50,001-100,000 100,001-200,000 200,001-400,000 Each additional 200,000 Number of Required Loading Spaces 0 1 2 3 4 1

(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.

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

156

Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.13: Loading Space Requirements

(D)

General Design Standards Every loading space shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below: (1) Location of Required Loading Spaces Loading spaces shall be: (a) (b) (c) (d) As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible; Loading spaces or loading docks shall not be permitted to face a public street. Situated to ensure that the loading facility is screened from adjacent streets; Situated to ensure that loading and unloading takes place on-site and in no case faces a public street, or is located within a required front or street side setback, adjacent public right-of-way, or other on-site traffic circulation areas; Situated to ensure that all vehicular maneuvers occur on-site. The loading areas shall allow vehicles to enter from and exit to a public street in a forward motion only; Situated so that trucks parking in them will not encroach onto the public right-of-way or into required parking spaces or driveways. Loading spaces designed for larger trucks shall have appropriately larger access to allow maneuvering without encroaching into landscaped areas; and Situated to avoid adverse impacts upon neighboring residential properties. The times allowed for loading and deliveries may be restricted for loading spaces that are located closer than 100 feet to a residential zoning district.

(e)

(f)

(g)

(2)

Dimensions No required loading space shall be less than 12 feet in width or 25 feet in length or have a vertical clearance of less than 14 feet. Access (a) Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that will create the least possible interference with traffic movement and parking lot circulation. The City Planner shall approve access to and from loading spaces. No part of any truck or van that is being loaded or unloaded may extend into the right-of-way of a public thoroughfare. Loading spaces shall be designed with sufficient apron area to accommodate truck-turning movements and to prevent backing of trucks onto any street right-of-way. All operations, materials, and vehicles within any loading space that are visible from a public street or from any residential use shall be screened.

(3)

(b) (c)

(4)

Screening (a)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

157

Article 3: Development Standards Section 3.8: Off-Street Parking, Loading, and Mobility Subsection 3.8.14: Outdoor Parking and Storage of Vehicles

(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. Striping (a) (b) Loading spaces shall be striped, and identified for "loading only." The striping and "loading only" notations shall be continuously maintained in a clear and visible manner in compliance with the approved plans.

(6)

3.8.14

Outdoor Parking and Storage of Vehicles
(A) (B) 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. 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. 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 No other motorized vehicle parking shall be located within a front or side yard. Parking and storage of motorized vehicles in the rear yard shall be on a paved surface. 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.

(b) (c) (2)

Parking and Storage in the Rear Yard (a) (b)

(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. 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.

(2)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

158

Article 3: Development Standards Section 3.9: Pedestrian Access and Circulation Subsection 3.8.15: Nonconforming Parking

3.8.15

Nonconforming Parking
(A) A use or structure with nonconforming off-street parking (e.g., insufficient off-street parking to meet the current land use requirements in compliance with Table 3.8-1 may be physically enlarged (e.g., expansion of structure or outdoor land use) or undergo a change in use in compliance with the provisions of this subsection. Residential Uses No additional parking spaces shall be required provided the change does not increase the number of dwelling units by more than five percent, nor eliminate the only portion of the site that can be used for the required or existing parking or access. Nonresidential Uses (1) (2) The number of existing parking spaces shall be maintained on the site and additional parking spaces shall be provided in compliance with this section. If the use is enlarged (e.g., expansion of structure or outdoor land use) so that it requires more parking than the previous use, only the number of parking spaces required for the enlargement shall be required to be added to the existing parking spaces. Such expansion of parking spaces shall be subject to the requirements of this section. If the use of the structure is changed to a use that requires more parking than the previous use, only the difference between the number of parking spaces required for the previous use and those required for the new use shall be required to be added to the existing parking spaces. The change shall not eliminate the only portion of the site that can be used for the required or existing parking or access.

(B)

(C)

(3)

(4)

3.9

Pedestrian Access and Circulation
(A) Generally (1) Subdivision and development design shall emphasize pedestrian connectivity within each project, to adjacent neighborhoods, nearby schools and parks, and to transit stops within 1/4-mile of the subject site or subdivision. All streets and walkways shall be designed to provide safe and pleasant conditions for pedestrians, including the disabled, and cyclists, as determined by the City Planner.

(2) (B)

Emphasis should be placed on implementing the Northfield Parks, Open Space, and Trail Systems Plan and the Greater Northfield Area Greenway System Action Plan. Improvements Required at Subdivision (1) A sidewalk or trail shall be installed along all arterial and collector roadways consistent with the city’s comprehensive plan, transportation plan, or the plans referenced in Section 3.9(A) above. A sidewalk shall be required on both sides of all local streets unless specifically waived by the City Council in instances where an alternative is proposed that better meets the objectives of the city’s parks, open space, and trails master plan or where by reasons of steep topography, such sidewalks are not feasible from a grading standpoint as verified by the City Engineer.

(2)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

159

Article 3: Development Standards Section 3.9: Pedestrian Access and Circulation Subsection 3.8.15: Nonconforming Parking

(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. 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. 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. 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. 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.

(4) (5) (6)

(7)

(8) (C)

All sidewalks and trails shall comply with applicable standards of the Americans with Disabilities Act. 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)

(D)

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. 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) (E)

Sidewalks shall be located at least seven feet from the back of curb to allow for snow storage. In Long Blocks and at the End of Culs-de-Sacs20 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.

(1)

20

We are trying to locate a good graphic for this provision.
Land Development Code 160

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.10: Basic Subdivision Requirements Subsection 3.10.1: Purpose and Applicability

(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 20foot-wide right-of-way or easement that allows for drainage and access for maintenance and emergency vehicles; 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; The City may require landscaping within the trail easement/right-of-way for screening and the privacy of adjoining properties.

(b) (c)

3.10
3.10.1

Basic Subdivision Requirements
Purpose and Applicability
(A) The intent of this section is to protect and provide for the public health, safety, morals, and general welfare of the city and its people, and specifically to achieve the following purposes: (1) (2) (3) (4) (5) To implement the comprehensive plan; To ensure that subdivisions are consistent with all applicable provisions of all applicable plans (See Section 5.2.5.), laws and regulations; To establish standard requirements, conditions, and procedures for the design and review of subdivisions; To provide for the orderly subdivision of land, and to ensure proper legal descriptions and monumentation of subdivided land; To encourage the wise use and management of land and natural resources throughout the city in order to preserve the integrity, stability, and natural beauty of the community; To ensure that adequate public infrastructure, facilities and services are available concurrent with development; To require subdividers to furnish land, install infrastructure, pay fees, and establish mitigative measures to ensure that development provides its fair share of capital facilities; To encourage a beneficial relationship between the uses of land and circulation of traffic throughout the city, and to provide for the proper location and design of streets; To prevent problems associated with inappropriately subdivided lands, including excess subdivision, partial or incomplete subdivision, or scattered subdivision;

(6) (7)

(8)

(9)

(10) To assure that new subdivisions will contribute toward an attractive, orderly, stable, livable, and safe community; and (11) To provide adequate utility systems to support the future needs of the system.

3.10.2

Subdivision Approval Required
(A) Subdivision approval, in compliance with the provisions of this section, Section 5.5.11, Minor Subdivision or Lot Consolidation and Section 5.5.12, Major Subdivision, shall be
Land Development Code 161

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.10: Basic Subdivision Requirements Subsection 3.10.3: Energy Conservation Design

(B)

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. 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) (B) Where feasible, lots shall be largely oriented in an east-west direction. 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. 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. 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) (b) (c) (d) (e) (f) (g) (h) (i) (j) Streets; Sanitary sewer; Watermain; Surface water facilities (pipe, ponds, rain gardens, and similar improvements); Grading and erosion control; Sidewalks/trails; Street lighting; Street signs and traffic control signs; Street trees; Tree preservation;
Land Development Code 162

3.10.4

Development Agreement Required
(A)

(B)

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.10: Basic Subdivision Requirements Subsection 3.10.4: Development Agreement Required

(k) (l)

Wetland mitigation and buffers; Monuments required by Minnesota Statutes; and

(m) Miscellaneous facilities or other elements defined by the guiding documents. (2) Other Improvements The subdivider shall arrange for the installation of private utilities including but not limited to telephone, category 5 cable (CATV), electrical and natural gas service following the backfilling of the curb and gutter.

(C)

Installation of Basic Improvements (1) The subdivider shall arrange for the installation of all required improvements in the development subject to the Development Agreement. All of the city’s expenses incurred as the result of the required improvements shall be paid to the city by the subdivider including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of the Development Agreement, review of construction plans and documents, and all costs and expenses incurred by the city in monitoring and inspecting development of the plat. The subdivider shall reimburse the city for costs incurred in the enforcement of the Development Agreement, including engineering and attorneys' fees. The city reserves the right to, in its sole discretion, elect to install all or any part of the basic improvements required under the provisions of this Section and assess the costs to the benefiting property owners pursuant to Minnesota Statutes, Chapter 429, as may be amended. Unless separate written approval has been given by the city, within the plat or land to be platted, the subdivider may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings within the plat or land to be platted until all the following conditions have been satisfied: (a) (b) (c) (d) (e) (4) The Development Agreement has been fully executed by both parties and filed with the City Clerk, The necessary security has been received by the city; The plat has been filed with the County Recorder's Office; The construction plans have been approved and signed by the City Engineer; and The city has issued a letter that all conditions have been satisfied and that the subdivider may proceed.

(2)

(3)

The improvements shall be installed in accordance with this Code, city standard specifications for utilities and street construction, and the city’s engineering guidelines. The subdivider shall submit plans and specifications that have been prepared by a competent registered professional engineer to the city for approval by the City Engineer. The city shall, at the subdivider's expense, provide all on site inspection and soil testing to certify that the construction work meets the city’s standards and approved plans. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No
Land Development Code 163

(5)

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.10: Basic Subdivision Requirements Subsection 3.10.4: Development Agreement Required

(D)

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. 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) (b) (c) (d) (2) (3) (4) Where weather precludes completion; For street lighting; For landscaping; and For the wearing course of streets.

Where weather precludes completion, the timeline for completion of the improvements may be extended an additional six months. The subdivider shall complete street lighting within two years following the initial commencement of work on the required basic improvements. 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)

(E)

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. 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. 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 <>. When any instrument submitted as a financial guarantee contains provision for an expiration date, after which the instrument may not be drawn upon,
Land Development Code 164

(2)

(3)

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.10: Basic Subdivision Requirements Subsection 3.10.4: Development Agreement Required

notwithstanding the status of the Development Agreement or of the required improvements, the expiration date shall be December 31 or the closest business day in the case of weekends and legal holidays. Further, the financial guarantee shall be deemed automatically extended without change for six months from the expiration date unless 60 days prior to the expiration date, the financial institution notifies the city in writing by certified mail that it does not elect to renew the financial guarantee for an additional period. If the instrument is not to be renewed and has not been released by the City Engineer, another acceptable financial guarantee in the appropriate amount shall be submitted at least 60 days prior to the expiration. The term of any extension shall be approved by the City Engineer and subject to the requirements of this section. Upon receipt of an acceptable substitute financial guarantee, the City Engineer may release the original guarantee. (4) Forms of Financial Guarantees (a) Letter of Credit If the subdivider posts a letter of credit as a guarantee, the credit shall:
(i) (ii) (iii) (iv) (v) Be irrevocable; Be from a bank approved by the city; Be in a form approved by the city; Be for a term sufficient to cover the completion, maintenance and warranty periods identified in this section; and Require only that the city present the credit with a sight draft and an affidavit signed by the City Administrator or the Administrator’s designee attesting to the city’s right to draw funds under the credit.

(b)

Cash Escrow If the subdivider posts a cash escrow as a guarantee, the escrow instructions approved by the city shall provide that:
(i) (ii) The subdivider will have no right to a return of any of the funds except as provided in Section <>; and The escrow agent shall have a legal duty to deliver the funds to the city whenever the City Administrator presents an affidavit to the agent attesting to the city’s right to receive funds whether or not the subdivider protests that right.

(c)

Cash A cash deposit made with the City Finance Department may be used as part of the required financial guarantee in those instances where the subdivider elects to have the city install some or all of the public improvements.

(5)

Amounts of Financial Guarantees The subdivider shall submit either a financial guarantee in one of the forms listed in Section 3.10.4(E)(4), Forms of Financial Guarantees for an amount determined by the City Engineer in accordance with the following: (a) Subdivider Installed Improvements For basic improvements to be installed by the subdivider, the required financial guarantee shall include all the following fixed or estimated costs.

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

165

Article 3: Development Standards Section 3.10: Basic Subdivision Requirements Subsection 3.10.4: Development Agreement Required

(i) (ii) (iii) (iv)

Costs of the basic improvements identified in Section 3.10.4 (B) (1), Basic Improvements. Engineering, to include subdivider’s design, construction management, surveying, inspection, and drafting. 25% contingency or add-on to the costs in paragraphs (i) and (ii); and 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. 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.

(ii)

(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) (2) (3) (4) (5) (6) Park dedication fees (See Section 3.11.6, Park, Trails, and Open Space Dedication.); Utility charges and fees. This may include Sewer Availability Charges (SAC), Water Availability Charges (WAC), and Trunk Fees; Special assessments including interest; The city’s legal, engineering administration, and construction observation fees; Costs associated with traffic control and street signs to be installed in the plat by the City of Northfield; Map upgrade fee; and

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.
City of Northfield, Minnesota DRAFT 3-31-09 Land Development Code 166

21

Article 3: Development Standards Section 3.10: Basic Subdivision Requirements Subsection 3.10.4: Development Agreement Required

(G)

(7) Other charges or fees as determined by the city. Approval and Acceptance of Basic Improvements (1) Upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the city have been satisfied, with City Engineer approval the security may be reduced from time to time by 90 percent of the financial obligations that have been satisfied. Ten percent of the amounts certified by the subdivider's engineer shall be retained as security. Reductions in the letter of credit shall be considered only after underground utilities are tested and found to be satisfactory and again after the base bituminous layer has been placed. The financial guarantee shall be held by the city until, upon written notice by the subdivider and certification from a professional engineer that all of the required improvements have been completed and upon verification of such by the city staff, a portion or all of the financial guarantee is released by the City Engineer. No financial guarantee shall be released in full until the following has occurred: All improvements have been completed and public improvements have been accepted by the City Engineer, Iron monuments for lot corners have been installed, All financial obligations to the city have been satisfied, Reproducible record plans of all public improvements as required by the City Engineer have been furnished to the city by the subdivider. Such record plans shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. A warranty/maintenance guarantee has been provided as described in Section 3.10.4(H), Warranty/ Maintenance Guarantee,

(2)

(3) (4) (5) (6)

(7) (8)

A title insurance policy approved by the City Attorney indicating that the improvements are free and clear of any and all liens and encumbrances. (H) Warranty/ Maintenance Guarantee The subdivider shall submit either a warranty/maintenance bond; or a letter of credit for an amount determined by the City Engineer. (1) The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two years from the date of final written City acceptance of the work. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two years from the date of final written City acceptance of the work. The required warranty period for trees and landscaping is one growing season following installation. The required warranty period for erosion control will be for 5 years from acceptance of the improvements.

(2)

(3) (4)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

167

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.1: General Standards

(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.

3.11
3.11.1

Subdivision Design Standards
General Standards
(A) Applicability Each subdivision shall be designed in compliance with the standards of this section, unless an exception is granted in compliance with Section 5.5.16, Variance. Public Access to Public Resources Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs, if they are adjacent to the subdivision. Sidewalks, Pathways, and Trails Sidewalk, pathways, trails, and other pedestrian connections shall be required in accordance with Section 3.9, Pedestrian Access and Circulation. Monuments (1) (2) (3) (4) Official permanent monuments shall be placed as required by Minnesota Statutes, Section 505.021 (as may be amended). All monument markers shall be correctly in place upon final grading and installation of utilities. The City will not issue building permits for a lot within a plat until monuments have been placed for that lot.

(B)

(C)

(D)

(E)

All United States, state, county or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. Subdivision Names The proposed name of the subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the city or county. The city shall have final authority to designate the name of the subdivision. Street Names Street names shall be designated by the city’s “Administrative Program for Assigning Roadway Names and Addresses.” The City Planner shall have discretion to alter the city street naming system, when appropriate, in order to avoid confusion to the traveling public.

(F)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

168

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.2: Lot and Block Design

(G) Debris and Waste No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the Development Agreement or dedication of public improvements, whichever occurs sooner. (H) Open Space and Natural Features (1) Natural amenities (including views, mature trees, creeks, riparian corridors, rock outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible. Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural land forms and to minimize grade differentials with adjacent streets and with adjoining properties. Public access and visibility to creeks, and the separation of residences and other uses from creeks shall be provided through the use of single-loaded frontage roads or multi-use trails. Pedestrian access to and along creeks and riparian corridors may need to be restricted to flatter areas (e.g. beyond top of bank, natural benches) where grading needs and erosion potential are minimal, and where sensitive environmental resources require protection. Development adjacent to parks or other public open spaces shall be designed to provide maximum visibility of these areas.

(2)

(3)

(4)

3.11.2

Lot and Block Design
(A) Minimum Lot Dimensions (1) All lot dimensions shall comply with the minimum standards of the applicable zoning district in this Code. Depth and width of properties reserved or laid out for commercial, office or industrial purposes shall be adequate to provide for the offstreet parking and loading facilities required for the type of use contemplated, as established in this Code.

(2)

(B)

No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained as common area within the development. Lots Designed for Affordable Housing23 The City encourages the development of affordable housing. In an effort to encourage the distribution of lots for affordable housing across the city, as an alternative to clustering affordable housing in a single area of the city, no more than 20 percent of any lots on a single block may include deed restrictions or other covenants that are tied to the provision of affordable housing (e.g., limiting housing costs or establishing maximum income levels).

23

This restriction needs legal review.
Land Development Code 169

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.2: Lot and Block Design

(C)

Lot Arrangement The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this Code. In addition, all lots shall abut and have direct access to an improved street except for developments within manufactured home parks, in which case the base lot shall abut and have direct access to an improved street. Street Frontage Required Each proposed parcel shall have frontage on a public street. The frontage width shall be at least the minimum lot width required by the applicable zoning district Side Lot Lines Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. Corner Lots (1) Corner lots shall be of sufficient width and depth to comply with the minimum building setback or build-to line requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in this Code.

(D)

(E)

(F)

(2) See the provisions related to corner lots in Section 3.1.5(D)(2), Corner Lots. (G) Double Frontage Lots (1) No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of topographical or other physical conditions or where access from one of the roads is prohibited. An alley is not considered a street for the purposes of this section. Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street. Authorization may be given by the city for alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic. Corner lots shall be of sufficient width and depth to comply with the minimum building setback or build-to line requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in this Code.

(2)

(3)

See the provisions related to double frontage lots in Section 3.1.5(D)(3) Doublefrontage Lots. (H) Panhandle Lots (1) (2) Panhandle lots are prohibited except as may be necessary due to topography, configuration of land, existing road layouts or other special circumstances. Where panhandle lots are included in a subdivision, such lots shall be exempt from the maximum lot width and lot depth standards of the applicable zoning district and shall, instead, be required to have a minimum lot area of 20,000 square feet (See Section 3.2, Site Development Standards for setback and other site development requirements related to building placement). The stacking of multiple panhandle lots shall be prohibited. See Figure 3-39.
Land Development Code 170

(4)

(3)
City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.2: Lot and Block Design

Figure 3-39: The stacking of multiple panhandle lots is prohibited. (I) Access from Arterials Major Collectors (1) Lots shall not, in general, derive access exclusively from an arterial or collector roadway. No lot parallel to an arterial or collector roadway and having a width of less than 200 feet should front on these roadways unless: (a) (b) (c) (2) Access is limited to streets other than an arterial or collector; Access is provided jointly with other lots; or Access is ultimately to be provided from a planned frontage road.

(J)

Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on arterial or collector roadways. Lots Abutting Water (1) If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots. The City may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a City responsibility. Lots abutting a water body, wetland, drainage way, channel, stream or pond shall be of sufficient width and depth and at the elevation needed to assure that building sites are not subject to flooding. The platting of lots within the floodplain is subject to the FP-O district regulations in Section 2.5.1, Floodplain Overlay District (FPO) and Section 3.12, District Development Standards for the FP-O District.

(2)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

171

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.3: Streets

(K) Large Tracts When a parcel of land is subdivided into larger tracts than for building lots, such tracts shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent streets and utilities. (L) Blocks (1) A block shall normally be so designed as to provide two tiers of lots, unless it adjoins a railroad, arterial or collector street, lake, wetland, park, stream, or other natural feature, where it may have a single tier of lots. Block length and width or acreage within bounding streets shall be sufficient to accommodate the size of lots required by this Code and to provide for convenient access, circulation control and safety of street traffic. Residential block lengths, measured between street centerlines, shall not exceed 400 feet nor be less than 300 feet, except where topography justifies a departure from that standard. Commercial and industrial block lengths shall not exceed 900 feet nor be less than 500 feet, except where topography justifies a departure from that standard. These block lengths shall not apply to areas zoned C1-B where the maximum block length shall be 330 feet or such length as to reflect the historic block pattern of the area of the city zoned C1-B.

(2)

(3)

3.11.3

Streets
(A) General Requirements (1) Gated Communities Prohibited "Gated communities" and other residential developments where a gate or other barrier is placed across a road that is designed to appear or that function as walledoff areas disconnected and isolated from the rest of the community, are prohibited. Grid Network New subdivisions shall be based on a grid or modified grid system to the maximum extent feasible. Street Dedications A street that is not constructed to City standards will not be accepted by the city for dedication as a public street. However, even a street that complies with all applicable City standards may not be accepted for dedication. Acceptance of street dedication is at the discretion of the City Council. Topography and Arrangement (a) The arrangement, character, extent, width, and location of all streets shall be considered in relation to existing and planned streets, shall provide for reasonable traffic circulation and traffic calming, and shall be appropriately located in relation to topography, run-off of storm water, convenience and safety, and proposed uses of the land to be served. Wherever possible, the arrangement of streets in new subdivisions shall provide for the continuation of existing and planned streets within and outside the proposed plat. Where adjoining lands are not subdivided, the arrangement of streets shall make provision for the proper projection of streets into adjoining lands by carrying the streets to the boundaries of the plat. The arrangement of streets shall not

(2)

(3)

(4)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

172

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.3: Streets

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. 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.

(c)

(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. 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. 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. 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. Driveway access shall comply with Table 3.11-124

(6)

(b)

(c)

(d)

24

Would this table on roadway access be better locating in the parking and loading article, applicable to all development, not just subdivisions?
Land Development Code 173

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.3: Streets

Table 3.11-1: Roadway Access Standards
Driveway Dimensions Driveway Access Width Residential 11 to 22 feet (16 feet is desired) Nonresidential25 16 feet to 32 feet (32 feet is desired) 20 feet 80 feet [1]

Minimum Distance Between 20 feet Driveways Minimum Corner Clearance from a 60 feet Collector street NOTE: [1] At the discretion of the City Engineer. 80 feet shall be the minimum.

(e)

Access to minor and major collector streets shall be in compliance with Table 3.11-2.

Table 3.11-2: Access Spacing for Collector Roadways in Northfield [1]
Type of Access by Land Use Type Major Collector Minor Collector Private Access Not Permitted [2] As Needed [3] Single-Family, Two-Family, and Three-Family Dwellings Minimum Corner Clearance 660 Feet 300 feet from a Collector Street Private Access Not Permitted [2] As Needed [3] Commercial, Industrial, Institutional, and MultiMinimum Corner Clearance 660 Feet 660 feet Family Residential from a Collector Street NOTES: [1] These guidelines apply to City streets only. Rice and Dakota Counties and Mn/DOT have access authority for roadways under their jurisdiction. Please refer to Rice and Dakota Counties’ minimum access spacing guidelines identified in their current Transportation Plan. [2] Access to Major Collectors is limited to public street access. Steps should be taken to redirect private accesses on Major Collectors to other local streets. New private access to Major Collectors is not permitted unless deemed necessary. [3] Private access to Minor Collectors is to be evaluated by other factors. Whenever possible, residential access should be directed to non‐continuous streets rather than Minor Collector roadways. Commercial/ Industrial properties are encouraged to provide common accesses with adjacent properties when access is located on the Minor Collector system. Cross‐traffic between adjacent compatible properties is to be accommodated when feasible. A minimum spacing between accesses of 660 feet in commercial, industrial, or high density residential areas is encouraged for the development of turn lanes and driver decision reaction areas.

(7)

Signs, Traffic Signs and Lights, and Street Lights (a) Street signs of standard design approved by the city shall be installed at each street intersection or at such other locations within the subdivision as designated by the City Engineer, in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD).

25

I called this nonresidential rather than the transportation plan’s column of commercial and industrial to deal with institutional uses.
Land Development Code 174

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.3: Streets

(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. Turn lanes and traffic lights shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. 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.

(c) (d)

(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. Dead-End Streets, Stub Streets, and Cul-de-Sac Streets (Permanent and Temporary) (a) (b) Dead-end streets shall be prohibited, except as stub streets. 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. 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. 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. Alleys may be established in the city under the flowing conditions:
(i) (ii) (iii) (iv) The alleys are publicly owned and maintained; The alleys are made of concrete; No home shall be oriented to face the alley; and Alleys are permitted as a secondary access when the lots front on an arterial or collector street as identified in Table 3.11-3.
Land Development Code 175

(9)

(c)

(d)

(10) Alleys and Private Streets (a)

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.3: Streets

(b) (B)

Private streets are prohibited except in the R4-B district.

Street Design Standards (1) In order to provide for streets of suitable location, width, and general improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, all streets shall be subject to the standards of this section. Street types shall be regulated by Table 3.11-3 and the design standards established in the Northfield Transportation Plan.

(2)

 

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

176

Table 3.11-3: Street Types and Requirements26
Sidewalk /Trail Sidewalk /Trail Reaction Space Reaction Space Travel Lane(s) Travel Lane(s) Right-of-Way Width Functional Classification Road Section Type Bike Lane[1] Street Type Bike Lane1 Boulevard Boulevard Shoulder / Parking Shoulder/ Parking Shoulder Shoulder

Median

Parking

Where Allowed

Parkway

Major Collector Minor Arterial

100- 120

Rural

2

10

20

6-8

11

2

18

2

11

6-8

20

10

2

No On-Street Parking No On-Street Parking No On-Street Parking No On-Street Parking 1 Side of Street 1 Side of Street

140-180

Rural

2

10

16-20

8

24

2

18-30

2

24

8

16-20

10

2

Avenue

Major Collector Minor Arterial

100-110

Urban

2

10

10-20

6-8

11

2

18

2

11

6-8

10

2

130-150 80-110 60-66 80-90 60-66 60-66 60-66 60-66 66' 60 -66 80- 90 80 20

Urban Combinati on Combinati on Rural Rural Rural Urban Urban Urban Urban Urban Urban Rural

2 2 2 2

10 6 5-6 5

7-10 10-12 10 13-17 18-21 18-21

8 8 8 8

24 11-12 10 11-12 12 12 10

2

18

2

24 11-12 10 11-12 12 12 10 10 12 10 11-12 11 14 4-6

8 5-8 5-8 8

7-10 20-30 20-30 13-17 18-21 18-21

10

2

Drive

Major Collector Local

May be applied across any of the zoning districts at the discretion of the city based on the transportation plan. May be applied across any of the zoning districts at the discretion of the city based on the transportation plan. May be applied across any of the zoning districts at the discretion of the city based on the transportation plan. May be applied across any of the zoning districts at the discretion of the city based on the transportation plan. Collector streets in the R1-B, BR-2, BR-3, BR-4, N1-B, and PI-S districts. NC-F District.

Road

Major Collector Minor Collector Local

5

2

No On-Street Parking No On-Street Parking No On-Street Parking AH-S district, PI-S district, ED-F district

Street

Local (residential) Local (residential) Local (nonresidential) Minor Collector Major Collector Major & Minor Collector None

1 1 1 1 1

5-6 5-6 5 5-6 5-6 14

7+ 7+ 7 7+ 7-10 8 8 8 8-10 19 4-6

8 8 8 8 8-10 10

7+ 7+ 7 7+ 7-10

5-6 5-6 5 5-6 5-6 14

1 1 1 1 1

1 Side of Street 2 Sides of Street 2 Sides of Street 2 Sides of Street 2 Sides of Street 1 side angled, 1 side parallel None

New local streets in the R1-B, BR-2, BR-3, BR-4, N1-B, and PI-S districts

10 12 10 11-12 12

C2-B, I1-B, ED-F Reconstructed local streets in the R1-B, BR-2, BR3, and BR-4 districts. Streets in CD-S and PI-S district. Collector streets in the R1-B, BR-2, BR-3, BR-4, N1-B, and PI-S districts C1-B, ED-F districts

Main Street Alley

NOTES: [1[ Bike Lanes shall be located on streets identified in the Parks, Trails and Open Space Plan.
26

Staff needs to add some more explanatory language to this text to show if you are talking about spaces, feet, etc.
Land Development Code 177

City of Northfield, Minnesota DRAFT 3-31-09

(3)

Street Surfacing and Improvements After the subdivider has installed sewer and water, the subdivider shall construct poured-in-place concrete curbs and gutters and shall surface streets to the width prescribed in this section. Types of pavement shall be as prescribed in the city’s Engineering Guidelines. Adequate provision shall be made for culverts, drains and bridges. The portion of the right-of-way outside the area surfaced shall be sodded. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the city’s Engineering Guidelines and shall be incorporated into the construction plans required to be submitted by the subdivider for final plat approval. Grading (a) (b) (c) Streets shall be graded with at least 0.5 percent slope to maintain drainage. Arterial and collector streets shall have a maximum grade of 5 percent. All other streets shall have a maximum slope of 7 percent, or as determined by the City Engineer.

(4)

3.11.4

Sewer, Water, and Other Utilities
(A) The subdivider shall install adequate sewer and water facilities (including fire hydrants) subject to the specifications in the city’s engineering guidelines, and the Recommended Standards for Water Works and the Recommended Standards for Wastewater Facilities (the known collectively as the “ten-state standards”). The subdivider shall install sewer and water mains and service connections, which are stubbed to the lot line, to serve all lots in the subdivision. 27 The subdivider shall extend sewer and mains to the lot lines of abutting sites that do not have public water service. All utility facilities, including but not limited to telephone, category 5 cable, natural gas and electric power, shall be located underground. Whenever existing utility facilities are located above ground, except when existing on public roads and right-of-way, they shall be removed and placed underground. Underground service connections to the street property line of each platted lot shall be installed at the subdivider’s expense. At the discretion of the city, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use. 28 Five-foot utility easements shall be required along the front lot line of each lot, measured from the lot lines. Such easements shall be at least ten (10) feet wide adjacent to right-ofway and at least five feet wide adjacent to other land. Such easements shall have continuity for alignment from block to block. Such easements shall also be provided at deflection points for pole-line anchors where necessary. Easements shall be dedicated on the plat instrument for the required use.

(B) (C) (D)

(E)

(F)

27 28

The City Engineer is working on some draft language to address oversized utilities. The City needs to have this reviewed by the community’s energy provider and the City Attorney.
Land Development Code 178

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.5: Surface Water, Drainage, Water Quality, and Erosion Control

3.11.5

Surface Water, Drainage, Water Quality, and Erosion Control29
(A) The subdivider shall demonstrate that the runoff generated by the proposed subdivision is properly treated on or off site for phosphorus and total suspended solid levels consistent with the requirements of the city’s surface water management plan. If the city’s surface water management plan designates a regional pond within the boundaries of the proposed subdivision, the subdivider shall provide the city with drainage and utility easements for the regional pond. The subdivider shall construct the pond in conjunction with development of the subdivision. Nature of Storm Water Facilities (1) Location The City may require the subdivider to carry away by pipe any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance the city’s Engineering Guidelines. Accommodation of Upstream Drainage Areas A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area in accordance with the City’s storm water management ordinance. Effect on Downstream Drainage Areas The City’s surface water management plan together with such other studies as shall be appropriate, shall serve as a standard to needed improvements in downstream drainage facilities outside the subdivision. (a) (b) The subdivider shall mitigate increased runoff due to development in accordance with the city’s surface water management ordinance. Where it is anticipated that the additional runoff attributable to the development of the subdivision will overload any existing downstream drainage facility, the city may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility.

(B)

(C)

(2)

(3)

(4)

Floodplain Areas The City may, when it deems it necessary for the health, safety or welfare of the present or future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of a property that lies within the floodplain of any stream or drainage course in accordance with the provisions of this Code.

(D)

Dedication of Drainage Easements (1) Where a watercourse, drainage way, channel or stream traverses a subdivision, the subdivider shall provide a storm water easement, or park dedication, whichever the city may deem more appropriate. This easement, or dedication shall conform substantially with the lines of such water courses, together with such further width for construction and maintenance, or both, as will be adequate for the storm water

29

Many of these standards will be moved to the city’s stormwater management ordinance.
Land Development Code 179

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Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.6: Park, Trails, and Open Space Dedication

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. 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. 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) (ii) (iii) Provide proper protection for water quality; Provide retention of storm water runoff; and Provide for the installation and maintenance of storm sewers.

(b)

(c)

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. 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. 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;

(B)

(C)

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

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Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.6: Park, Trails, and Open Space Dedication

(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; 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

(3)

(4) (D)

City-assisted development or redevelopment projects that achieve public objectives. 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. This dedication shall be in addition to the land dedicated for streets, alleys, stormwater ponds or other public purposes.

(2) (3) (E)

Such dedication shall be in an amount based on the schedule of dedication requirements adopted by City Council and maintained outside of this Code. 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. Land Suitability Requirement (1) (2) 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. Factors used in evaluating the adequacy of a proposed park, trail, or open space dedication shall include: (a) (b) (c) (d) (e) (f) (g) (h) (3) Future park needs pursuant to the Parks, Open space, and Trail Systems Plan; Size; Shape; Topography; Geology; Hydrology; Tree Cover; and Access and location.

(F)

Park, trail, or open space land to be dedicated shall be above the ordinary high water mark of any lake, river or stream. Areas of slope exceed 12 percent shall be deemed unsuitable for dedication, and not included as part of areas to meet the dedication requirements. Land with trash, junk, pollutants, and/or unwanted structures are not suitable .
Land Development Code 181

(4) (5)
City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.6: Park, Trails, and Open Space Dedication

(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.

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. 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.

(7)

(J)

(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.

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

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Article 3: Development Standards Section 3.11: Subdivision Design Standards Subsection 3.11.6: Park, Trails, and Open Space Dedication

(2) (3)

Required setbacks shall not be included in the computation of such private open space. 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. 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.

(4)

(L)

The proposed private open space reduces the demand for public recreational facilities to serve the development. Park Tree Requirements The subdivider or developer shall preserve all existing trees in accordance with Section 3.6.7, Tree and Woodland Preservation.

(5)

(M) Other Conditions Prior to Deeding Prior to dedicating land for park, trails, or open space, the land shall meet the following conditions: (1) (2) (3) (4) Grading in the park shall conform to the grading plan as approved by the City Engineer Rocks that are four inches or greater in diameter shall have been removed from the land. 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

(N)

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. 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.

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

183

Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.1: Applicability

3.12
3.12.1

District Development Standards for the FP-O District30
Applicability
This section shall apply to all lands within the jurisdiction of Northfield shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain districts (designated as the FP-O zoning district on the official zoning map).

3.12.2

General Provisions
(A) The following are incorporated herein, by reference for the purpose of administering this section: (1) (2) (3) The Flood Insurance Study for Northfield, prepared by the Federal Emergency Management Agency, dated April 2, 2003; The flood insurance rate maps with panels numbers 270646 0150 B and 270646 0100 B for Rice County, both dated February 4, 1981; The flood insurance rate maps with panel numbers 270406 0004 C, 270406 0007 C, 270406 0008 C, 270406 0009 C, and 270406 0012 C for the city of Northfield, all dated April 2, 2003; and

(4)

(B)

The Letter of Map Revision (LOMR) for the City of Northfield from the Federal Emergency Management Agency with an effective date of February 22, 2006, including all revised flood insurance rate map panels, flood profiles, tables, and floodway data tables therein. All future LOMR and Letter of Map Changes (LOMC) are incorporated herein by reference. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

3.12.3

Interpretation
(A) In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The boundaries of the subdistricts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the City Planner, the ZBA shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial flood plain ordinance, and other available technical data. Persons contesting the location of the subdistrict boundaries shall be given a reasonable opportunity to present their case to the ZBA and to submit technical evidence. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions,

(B)

(C)

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.
Land Development Code 184

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Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.4: Development Standards for the Floodway Subdistrict (FW)

(D)

the provisions of this section shall prevail. All other ordinances inconsistent with this section are superseded by this section for flood plain management. 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. 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. All other uses, including those permitted or conditionally permitted in underlying base zoning districts, shall be prohibited. 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) (b) (c) The use shall have a low flood damage potential. The use shall be permissible in the underlying zoning district. 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.

3.12.4

Development Standards for the Floodway Subdistrict (FW)
(A)

(2) (3)

(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. Storage yards for equipment, machinery, and materials. Railroad, streets, bridges, pipelines, and above grade utility transmission lines. Recreational vehicles on individual lots of record.

(b) (c) (d) (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 100year or regional flood or cause an increase in flood damages in the reach or reaches affected.

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

185

Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.4: Development Standards for the Floodway Subdistrict (FW)

(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. The conditional use shall be permissible in the underlying zoning district. 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. Accessory Structures (a) (b) Accessory structures shall not be designed for human habitation. 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) (ii) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

(3) (4)

(5)

(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. 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 Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and 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.

(d)

(ii)

(iii)

(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.

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

186

Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.5: Development Standards for the Flood Fringe Subdistrict (FF)

(b)

Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city.

(7)

Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Citywide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(8) (9)

3.12.5

Development Standards for the Flood Fringe Subdistrict (FF)
(A) Permitted Uses (1) Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying base zoning district. All permitted uses shall comply with the standards for flood fringe subdistrict "permitted uses" listed in paragraph (2) below and the "standards for all flood fringe uses" listed in Section 3.12.5 (C). Standards for flood fringe permitted uses shall be as follows: (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regional flood elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Section 3.12.4 (C) (5) (c). The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.

(2)

(b)

(c) (B)

Conditional Uses (1) Any structure that is not elevated on fill or flood proofed in accordance with Section 3.12.5 (A) (2) (a) and (b) or any use of land that does not comply with the standards in Section 3.12.5 (A) (2) (c) shall only be allowable as a conditional use, including those uses that are permitted as of right in the underlying base zoning district. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in paragraph (2) below. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access
Land Development Code 187

(2)

City of Northfield, Minnesota DRAFT 3-31-09

Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.5: Development Standards for the Flood Fringe Subdistrict (FF)

or storage. The above-noted alternative elevation methods are subject to the following additional standards: (a) The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
(i) A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

(b)

(ii)

(3)

Basements, as defined by Article 6, Definitions, of this Code, shall be subject to the following: (a) (b) Residential basement construction shall not be allowed below the regulatory flood protection elevation. Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 3.12.5 (B) (4).

(4)

All areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. 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.

(5)

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Land Development Code

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Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.5: Development Standards for the Flood Fringe Subdistrict (FF)

(b)

Storage of other materials or equipment may be allowed if readily removable from the area within the time available after flood warning and in accordance with a plan approved by the city.

(6) (C)

The provisions of Section 3.12.5 (C), Standards for All Flood Fringe Uses, shall also apply. Standards for All Flood Fringe Uses The following standards shall apply to all uses in the flood fringe subdistrict. (1) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the board must specify limitations on the period31 of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. Commercial Uses Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a flood development permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood. Manufacturing And Industrial Uses Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in paragraph (2) above. In considering flood development permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation--FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. Standards for recreational vehicles are contained in Section 3.12.9, Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles.

(2)

(3)

(4)

(5)

(6)

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.
Land Development Code 189

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Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.6: Development Standards for the General Flood Plain Subdistrict

(7)

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

3.12.6

Development Standards for the General Flood Plain Subdistrict
(A) Permitted Uses (1) (2) (3) Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). The uses listed in Section 3.12.4 (A), Permitted Uses, shall be permitted uses.

(B)

All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 3.12.6 (B) below. Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), shall apply if the proposed use is in the floodway subdistrict and Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), shall apply if the proposed use is in the flood fringe subdistrict. Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District (1) Upon receipt of an application for a flood development permit or other approval within the general flood plain subdistrict, the applicant shall be required to furnish such of the following information as is deemed necessary by the City Planner for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe subdistrict. (a) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. A conditional letter of map revision (CLOMR) from FEMA, and a flood plain map that results in FEMA approval.

(b)

(c) (d)

(e) (2)

The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000--6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

190

Article 3: Development Standards Section 3.12: District Development Standards for the FP-O District Subsection 3.12.7: Subdivision Requirements in the FP-O District

Resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) (b) (c) Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

(3)

The City Planner shall present the technical evaluation and findings of the designated engineer or expert to the council, who must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the flood development permit application. The council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the council shall refer the matter back to the City Planner who shall process the flood development permit application consistent with the applicable provisions of Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), and Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), of this Code.

3.12.7

Subdivision Requirements in the FP-O District
The following provisions shall apply to all subdivisions in the FP-O in addition to the requirements of the city's subdivision regulations as established in this Code: (A) Review Criteria No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. Floodway/Flood Fringe Determinations in the General Flood Plain District In the general flood plain district, applicants shall provide the information required in Section 3.12.6 (B), Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District, to determine the 100-year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site.

(B)

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(C)

Removal of Special Flood Hazard Area Designation The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), and Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), of this Code. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

3.12.8

Public Utilities, Railroads, Roads, and Bridges
(A)

(B)

3.12.9

Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles
(A) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 3.12.7, Subdivision Requirements in the FP-O District. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF). If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 3.12.5(C)(1), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in Section 3.12.9 (E) below and further they meet the following criteria: (1) (2) Have current licenses required for highway use; Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it; and

(B)

(C)

(D)

(3) (E)

The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. Areas exempted for placement of recreational vehicles include: (1) Individual lots or parcels of record.

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(2)

Existing commercial recreational vehicle parks or campgrounds.

(3) Existing condominium type associations. (F) Recreational vehicles exempted in Section 3.12.9 (E) lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Section 3.12.4, Development Standards for the Floodway Subdistrict (FW) and Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF). There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (G) New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following: (1) Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 3.12.5(C)(1). No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. All new or replacement recreational vehicles not meeting the criteria of a. above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Section 3.12.10(D), Conditional Uses. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Sections 3.12.9(D)(1) and 3.12.9(D)(2) will be met.

(2)

3.12.10

Administration
(A) The City Planner shall administer and enforce the provisions of this section. If the City Planner finds a violation of the provisions of this section, the City Planner shall notify the person responsible for such violation in accordance with the procedures stated in Section 3.12.13, Penalties for Violation of These Standards. A flood development permit issued by the City Planner in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, or fence; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (1) An application for a flood development permit shall be made in duplicate to the City Planner on forms furnished by the City Planner and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill,

(B)

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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. 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. 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. 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. 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. 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).

(3)

(4)

(5)

(6)

(7)

(C)

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. 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.
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(8)

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(2)

Variances shall only be issued by the city upon: (a) (b) (c) A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; and A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and 32 Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.

(d) (3)

The City Planner shall notify the applicant for a variance that: (a)

(b)

(D)

Conditional Uses (1) The Planning Commission shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the City Planner who shall forward the application to Planning Commission for consideration pursuant to the conditional use permit review procedure established in Section 5.5.9, Conditional Use Permit. In granting a conditional use permit the Planning Commission may prescribe appropriate conditions and safeguards, in addition to those specified in this section that are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section, punishable under Section 4.8, Enforcement and Penalties. A copy of all decisions granting conditional use permits shall be forwarded by mail to the DNR Commissioner within ten days of such action. Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts: (a) Require the applicant to furnish the following information and additional information as deemed necessary for determining the suitability of the particular site for the proposed use:
(i) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill,

(2)

(3) (4)

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.
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storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and (ii) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

(b)

Transmit one copy of the information described in paragraph (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

(c)

(5)

In passing upon conditional use permit applications, the Planning Commission shall consider all relevant factors specified in this section, the standards of Section 5.5.9 (C), Conditional Use Standards, and: (a) (b) The danger to life and property due to increased flood heights or velocities caused by encroachments. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the services provided by the proposed facility to the city. The requirements of the facility for a waterfront location. The availability of alternative locations not subject to flooding for the proposed use. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. Such other factors which are relevant to the purposes of this section.

(c) (d) (e) (f) (g) (h) (i) (j) (k) (6)

Upon consideration of the factors listed above and the purpose of this section, the Planning Commission shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following: (a) (b) Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy, and operation.
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(c) (d) (e)

Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. Flood proofing measures, in accordance with the State Building Code and this section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

3.12.11

Nonconforming Uses
A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in in the Code of Federal Regulations, Part 59.1, shall be subject to the provisions of paragraphs (A)through (E) below. (A) (B) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in sections 34-891(a)(3) and 34-891(a)(6) below. The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards 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. If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The assessor shall notify the City Planner in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. If any nonconforming use or structure is substantially damaged (See definition in Article 6: Definitions.), it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), or Section 3.12.6, Development Standards for the General Flood Plain Subdistrict, will apply depending upon whether the use or structure is in the floodway, flood fringe or general flood plain subdistrict, respectively.
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(C)

(D)

(E)

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(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. 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. 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. 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;
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(B)

(2)

(3)

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(b) (c) (4)

Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days; or Order it removed.

If the responsible party does not appropriately respond to the City Planner within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The City Planner shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this section.

3.13
3.13.1

District Development Standards for the WS-O River District
Site Development Standards
Lot area, width, setbacks and height restrictions are as follows: (A) River land use district in the city except Section <> (11?) and the south side of the river to the southern boundary of Babcock Park and the shoreland of all general development waters: (1) Minimum shoreland and building lot line width: (a) (b) (2) (a) (b) (3) Without public sewer: 100 feet. With public sewer: 75 feet. Without public sewer: 75 feet. With public sewer: 50 feet.

Minimum building setback from ordinary high water mark:

Maximum building height: 35 feet, except buildings used primarily for agricultural purposes and buildings within the boundaries of the C1-B zoning where the maximum height shall be that of the underlying base zoning district.

(4)

(B)

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, and this requirement does not apply within the boundaries of the central business district as defined in the comprehensive plan including the wild and scenic district downstream of the Highway #3 bridge and upstream of the intersection of St. Olaf Avenue with the Cannon River if development plans incorporate any reasonable methods to decrease sediment and pollutants from the runoff from the impervious surfaces. Section <> (11?) and the south side of the river to the southern boundary of Babcock Park and the shoreland of all natural environment waters: (1) Minimum shoreline and building lot line width: (a) (b) (2) (a) (b) Without public sewer: 200 feet. With public sewer: 125 feet. Without public sewer: 200 feet. With public sewer: 150 feet.
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Minimum building setback from ordinary high water mark:

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(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. 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.

(4) (5)

(C)

Septic tank and drainfield system setback from the ordinary high water mark: 150 feet. 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) (2) (3) (B) Clearcutting shall be prohibited, except as necessary for placing public roads, utilities, structures and parking areas. Natural vegetation shall be restored insofar as feasible after any construction project.

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. The cutting provisions in Section 3.13.2(A)(1) shall not be deemed to prevent the following: (1) (2) The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards. 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. Clearcutting shall be conducted only where clear-cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain. The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary. 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.
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(B) (C) (D)

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3.13.4

Grading and Filling
Any grading and filling work done in the WS-O zoning district shall require a zoning certificate and shall comply with the following: (A) (B) Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted. Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority. Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities. Grading and filling of the natural topography shall also meet the following standards: The smallest amount of bare ground is exposed for as short a time as feasible. (1) (2) (F) Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. Methods to prevent erosion and to trap sediment are employed.

(C)

(D) (E)

(3) Fill is established to accepted engineering standards. Any work that will change or diminish the course, current, or cross section of a public water shall be approved by the DNR Commissioner before the work is begun. This includes construction of channels and ditches; lagooning; dredging of lakes or stream bottoms for removal of muck, silt or weeds; and filling in the lake or streambed. Approval shall be construed to mean the issuance by the DNR Commissioner of a permit under the procedures of applicable law.

3.13.5

Utility Transmission Lines
All utility transmission crossing of land within the Cannon River WS-O district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of applicable state statutes.

3.13.6

Land Suitability
No land shall be subdivided which is determined by the City Council to be unsuitable because of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community.

3.13.7

Notification of Proposed Zoning Amendments, Variances and Inconsistent Plats
Notification of proposed zoning amendments, variances and inconsistent plats shall be given as follows: (A) The City Planner shall submit to the DNR Commissioner for certification a copy of any application for a zoning amendment, including proposed changes to district lines, variances, and plats that are inconsistent with this Code. A copy of the notice of any public hearing or, where a public hearing is not required, a copy of the application for zoning amendments, variances and inconsistent plats shall be sent to be received by the DNR Commissioner at least ten days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinance or
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(B) (C)

amendment or a copy of the proposed inconsistent plat or a description of the required variance. The city shall notify the DNR Commissioner of its final decision on the proposed action within ten days of the decision. The action becomes effective only when either: (1) (2) (3) The final decision taken by the city has previously received certification of approval from the DNR Commissioner; The city receives certification of approval after its final decision; Thirty days have elapsed from the day the DNR Commissioner received notice of the final decision, and the city has not received certification of approval or notice of disapproval from the; or

(4) (D)

The DNR Commissioner certifies approval within 30 days after conducting a public hearing. If the DNR Commissioner gives notice of disapproval of an ordinance, variance or inconsistent plat, either the applicant or City Planner may, within 30 days of the notice, file with the DNR Commissioner a demand for a hearing. If the demand for hearing is not made within 30 days, the notice of disapproval becomes final. (1) (2) (3) The hearing will be held within 60 days of the demand and after at least two weeks' published notice. The hearing will be conducted in accordance with applicable law.

(E)

The DNR Commissioner shall either certify approval or disapproval of the proposed action within 30 days of the hearing. Copies of all plats within the boundaries of WS-O zoning district shall be forwarded to the DNR Commissioner within ten days of approval by the local authority.

3.13.8

Conditional Use Permits
A copy of all notices of any public hearings and a copy of the application to consider issuance of a conditional use permit shall be received by the DNR Commissioner at least ten days prior to the hearing. A copy of the decision shall be forwarded to the DNR Commissioner within ten days of such action.

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Article 4: Administration Section 4.1: Purpose Subsection 4.2.1: Meetings

Article 4: Administration
4.1  4.2  4.3  4.4  4.5  4.6  4.7  4.8  Purpose .................................................................................................................................. 203  General Provisions for all Administrative Bodies and Boards .............................................. 203  City Council .......................................................................................................................... 203  Planning Commission and Zoning Board of Appeals (ZBA)................................................ 204  Heritage Preservation Commission (HPC) ............................................................................ 205  City Planner and Code Enforcement Officer......................................................................... 206  Development Review Committee (DRC) .............................................................................. 207  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.

4.2
4.2.1

General Provisions for all Administrative Bodies and Boards
Meetings
All meetings and hearings of the City Council, Planning Commission, Zoning Board of Appeals, and Heritage Preservation Commission shall be scheduled and conducted in compliance with bylaws as established by the individual board or commission, and with other applicable laws.

4.2.2

Bylaws
Each board, at its own discretion, may 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.

4.3
4.3.1

City Council
Powers and Duties
In addition to any other authority granted to the City Council by charter, ordinance, or state law, City Council shall have the following powers and duties related to this Code: (A) (B) To adopt, monitor, and insure implementation of the principles, goals, and strategies of the official Comprehensive Plan for Northfield; To determine the number, qualifications, and terms of the members of the Planning Commission, the Zoning Board of Appeals, and Heritage Preservation Commission based on Section 3.2 of the City Charter; To initiate or act upon proposed amendments, supplements and enactments to this Code and changes to the zoning map, or changes to the Land Development Code text; To review and make decisions and heritage preservation site designations;

(C) (D)

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Article 4: Administration Section 4.4: Planning Commission and Zoning Board of Appeals (ZBA) Subsection 4.4.1: Created

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.

(E)

4.4
4.4.1

Planning Commission and Zoning Board of Appeals (ZBA)
Created
There is hereby established a Planning Commission, a single board that serves as both the Planning Commission and Zoning Board of Appeals for the city in accordance with Minnesota Statutes Section 462.354.

4.4.2

Title and Citations
This board shall be referenced and cited in this Code as the Planning Commission unless the specific citation relates to the board’s role as the Northfield Zoning Board of Appeals (ZBA), in which case, the board shall be referenced and cited as the ZBA.

4.4.3

Powers and Duties as Planning Commission33
In addition to any other authority granted to the Planning Commission by charter, ordinance, or state law, the Planning Commission shall have the following powers and duties related to this Code: (A) (B) (C) (D) (E) To make recommendations to the City Council regarding the adoption of the official Comprehensive Plan for Northfield or any amendments thereto; To review and make decisions on site plans that are of a size and scale to warrant Planning Commission review (See Section 5.5.6, Site Plan Review.); To review and make decisions on conditional use permits and major amendments to such permits; To review and make recommendations to City Council on preliminary plats; To initiate and make recommendations to City Council regarding proposed amendments, supplements and enactments to this Code and changes to the zoning map, or changes to the Land Development Code text; and To review and make recommendations to City Council regarding annexation requests.

(F)

4.4.4

Powers and Duties as the Zoning Board of Appeals
In addition to any other authority granted to the ZBA by charter, ordinance, or state law, the Planning Commission, acting as the ZBA, shall have the following powers and duties related to 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.
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Article 4: Administration Section 4.5: Heritage Preservation Commission (HPC) Subsection 4.4.5: Bylaws

(A) (B)

To review and make decisions on appeals from administrative decisions including decisions by the HPC on certificates of appropriateness34; and To review and make decisions on variance requests. 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. 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.

4.4.5

Bylaws
(A)

(B)

4.5
4.5.1

Heritage Preservation Commission (HPC)
Created
There is hereby established a Heritage Preservation Commission (HPC) in accordance with Minnesota Statutes Section 471.193, subd. 2.

4.5.2 4.5.3

Members
The membership of the HPC shall be as outlined in the HPC Bylaws.

Annual Report
The HPC shall make an annual report, containing a statement of its activities and plans, to the state historic preservation office and the City Council.

4.5.4

Bylaws
The HPC 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.

4.5.5

Powers and Duties
In addition to any other authority granted to the HPC by charter, ordinance, or state law, the HPC shall have the following powers and duties related to this Code: (A) (B) To review and make decisions on certificates of appropriateness; Following designation of a heritage preservation site by City Council, the HPC shall act as a resource and in an advisory capacity to the owner of the property regarding preservation, restoration, and rehabilitation activities. HPC activity in this regard shall include participation in the planning and implementation of activities within the downtown historic district and other sites that have been designated as heritage preservation sites. The HPC shall work for the continuing education of the citizens of the city with respect to the city's civic and architectural heritage. This continuing education may include public meetings or publications. It shall keep current and public a register of designated heritage preservation sites along with the plans and programs that pertain to them.

(C)

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.
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Article 4: Administration Section 4.6: City Planner and Code Enforcement Officer Subsection 4.6.1: Appointment

(D)

(E)

(F)

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. 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. At the discretion of the HPC, public hearings may be initiated to solicit public input regarding proposed activities to a heritage preservation site.

4.6
4.6.1

City Planner and Code Enforcement Officer
Appointment
The City Administrator shall appoint a City Planner, Code Enforcement Officer, or other appointed designee, to administer and enforce this Code. Nothing in this Code shall prevent the City Administrator from appointing a single person as both the City Planner and Code Enforcement Officer.

4.6.2

Administration Powers and Duties
In addition to any other authority granted to the City Planner by charter, ordinance, or state law, the City Planner shall have the following powers and duties related to this: Interpret the meaning and application of this Code as allowed for in Section 5.5.18, Code Interpretation; (B) Issue zoning certificates, temporary use permits, flood plain permits, and other administrative permits or certificates; (C) Review and make decisions on minor subdivisions, minor PD-O amendments, administrative lot line adjustments, and lot consolidations; (D) Serve as administrative staff to the Planning Commission, ZBA, and HPC. (E) Accept and certify, as to completeness, all submitted applications. Incomplete applications will not be placed on an agenda; (F) Establish and publicize the agenda for all meetings; (G) Respond to inquiries; (H) Maintain permanent and current records in conformance with the city’s records retention/disposition policy; (I) Serve as chairperson of the DRC; (J) Undertake notice requirements as established in this code; and (K) Provide minutes of all Planning Commission, ZBA, and HPC meetings. (A)

4.6.3

Enforcement Powers and Duties
In addition to any other authority granted to the Code Enforcement Officer by charter, ordinance, or state law, the Code Enforcement Officer shall have the following powers and duties related to this Code: (A) Conduct inspection of sites, buildings and uses of land to determine compliance with this Code; and
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Article 4: Administration Section 4.7: Development Review Committee (DRC) Subsection 4.7.1: Role

(B)

Determine the existence of any violations of this Code, issue notifications, or initiate other administrative or legal action as needed.

4.7
4.7.1

Development Review Committee (DRC)
Role
The DRC is the technical review body composed of city staff responsible for the initial review of applications submitted to the city under this Code.

4.7.2

Powers and Duties
The members of the DRC shall review all applications forwarded to it by the City Planner and respond to other issues to be considered by the City Council and Planning Commission that are relevant to the purpose, intent, and implementation of this Code.

4.7.3

Membership
(A) The DRC shall be comprised of the Community Development Director, City Engineer, City Planner, Building Official, and Fire Chief. Additional city staff, or outside agencies and professionals, possessing specific expertise in a matter relating to a given application or issue may be consulted at the discretion of the City Planner including, but not limited to, the Economic Development Manager, Police Department, City Attorney, the Department of Natural Resources, and the applicable Soil and Water Conservation District. City council may approve a list of architects, design professionals, planners, engineers, or other professions that may be consulted, at the discretion of the City Planner, pursuant to paragraph (A) above. The City Planner will serve as the chairperson to the DRC, schedule meetings, and prepare follow-up reports as appropriate. The City Planner shall inform the applicant of the date, time, and location of the DRC meeting. The applicant may attend the DRC meeting but such attendance is not mandatory. The DRC meeting related to a specific applications subject to review by a board shall occur prior to the preparation of any staff report for the Planning Commission, ZBA, HPC, or City Council meeting or hearing.

(B)

4.7.4

Meetings
(A)

(B)

4.8
4.8.1

Enforcement and Penalties
Enforcement by City Planner and Code Enforcement Officer
(A) (B) It shall be the duty of the City Planner and Code Enforcement Officer to enforce this Code in accordance with these administrative provisions. All departments, officials, and employees of the city shall comply with the provisions of this Code, and shall issue no permit, license, or registration for any use, building, or purpose in conflict with the provisions of this Code. Any permit issued in conflict with this Code is considered null and void. The City Planner shall have the authority to require a new application and full compliance with this Code if such permit was issued in error.

(C)

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Article 4: Administration Section 4.8: Enforcement and Penalties Subsection 4.8.2: Violations and Penalties

(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) (B) The city shall meet the requirements of this Code to the maximum extent possible. 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. 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. 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. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(C)

4.8.4

Remedies
(A)

(B)

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Article 5: Development Procedures
5.1  5.2  5.3  5.4  5.5  Purpose .................................................................................................................................. 209  Applicability .......................................................................................................................... 209  Common Development Review Requirements ..................................................................... 209  Summary of Application and Review Procedure Types ....................................................... 216  Specific Development Review Procedure Requirements ...................................................... 225 

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 decisionmaking 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
5.2.1 5.2.2 5.2.3 5.2.4 5.2.5

Applicability
All land use and development permit applications, except building permits, shall be decided by using the procedures contained in this article. 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. 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. Specific procedures and decision criteria for each type of permit, certificate, and review are contained in Section 5.5, Specific Development Review Procedure Requirements. 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.

5.3

Common Development Review Requirements

The requirements of this section shall apply to all development review applications and procedures subject to development review under this article, unless otherwise stated.

5.3.1

Authority to File Applications
(A) Unless otherwise specified in this Code, development review applications may be initiated by: (1) The Planning Commission or City Council, where applicable;
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Article 5: Development Procedures Section 5.3: Common Development Review Requirements Subsection 5.3.2: Application Submission Schedule

(2) (B) (C)

The owner of the property that is the subject of the application; or

(3) The owner’s authorized agent. 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. 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. Applications shall be accompanied by a fee as established by the City Council and pursuant to Section 5.3.6, Fees. Application Certification by the City Planner (1) (2) (3) The City Planner shall review and make decisions on the completeness of an application as provided for in Minnesota Statutes §15.99, subd. 3. Incomplete applications shall be addressed as provided in Minnesota Statutes §15.99, subd. 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.

(B) (C)

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) (B) Where an applicant is required to facilitate a neighborhood meeting, such meeting shall be held prior to submitting the application for the applicable procedure. 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; 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; The applicant shall provide the City Planner with a written summary or transcript of the meeting as part of their application;

(C)

(D)

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.
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Article 5: Development Procedures Section 5.3: Common Development Review Requirements Subsection 5.3.6: Fees

(E)

(F)

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 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. 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. Fees to be Paid No application shall be processed or considered complete until the established fee has been paid. 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.

5.3.6

Fees
(A)

(B)

(C)

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) (2) (3) (4) (5) (6) (7) Identify the address or location of the property subject to the application and the name, of the applicant or the applicant’s agent. Indicate the date, time, and place of the public hearing. Describe the land involved by street address, or by legal description and, if applicable, the nearest cross street, and project area (size). Describe the nature, scope, and purpose of the application or proposal. Identify the location (e.g., the offices of the City Planner) where the public may view the application and related documents. 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. Include a statement describing where written comments will be received prior to the public hearing.

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Article 5: Development Procedures Section 5.3: Common Development Review Requirements Subsection 5.3.8: Public Notice

(B)

Constructive Notice (1) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the City Planner to make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decision-making body prior to final action on the request.

(C)

When the records of the city document the publication, mailing, and posting of notices as required by this section, it shall be presumed that notice of a public hearing was given as required by this section. Timing of the Notice Unless otherwise expressly provided in the Minnesota Statutes or this Code, notice, when required, shall be postmarked or published at least 10 days prior to the hearing or action. Published Notice When the provisions of this Code require that notice be published, the City Planner shall be responsible for preparing the content of the notice and publishing the notice in the official newspaper of general circulation that has been selected by the city. The content and form of the published notice shall be consistent with the requirements of Section 5.3.8(A), Content, and state law. Written (Mailed) Notice (1) When the provisions of this Code require that written or mailed notice be provided, the City Planner shall be responsible for preparing and mailing the written notice as follows: (a) Written notice for Planning Commission hearings for zoning map amendments, text amendments to this Code, environmental review consideration as outlined in Section 5.3.9, Environmental Review Consideration, below, conditional use permits, major subdivisions, or annexation requests shall be given to property owners within 350 feet of the outer boundaries of the subject property. Written notice for ZBA hearings for variances or appeals shall be given to property owners within 350 feet of the outer boundaries of the subject property.

(2)

(D)

(E)

(b)

(2) (3)

The notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the Planning Commission or ZBA. Written notice shall be postmarked no later than ten days prior to the meeting at which the item will be considered.

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Article 5: Development Procedures Section 5.3: Common Development Review Requirements Subsection 5.3.9: Environmental Review Consideration

5.3.9

Environmental Review Consideration
(A) Purpose The purpose of this section is to determine whether certain projects have or may have the potential for significant environmental effects and should undergo special procedures of the Minnesota Environmental Review Program. General Provisions (1) No development project shall be approved prior to review by the City Planner to determine the necessity for completion of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS). The City also may use the Alternative Urban Areawide Review Process (AUAR) as described in Minnesota Rules 4410.3610. Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review Program authorized by Minnesota Statute 116D.04 and 116D.04S and specified in Minnesota Rules Parts 4410.0200 to 4410.7800.

(B)

(2)

(C)

Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. Time delays in the normal permit process caused by the filing and review of the EAW or EIS shall not be considered part of the zoning certificate approval time requirements set forth in this Code and in Minnesota Statutes Section 15.99. Such delays shall be considered as additional required time for each required zoning certificate. The zoning certificate process for the proposed project may be continued from the point it was interrupted by the EAW/EIS process. No decision on granting a zoning certificate or other approval required to commence the project may be issued until the EAW/EIS process is completed. Environmental Assessment Worksheets (EAWs) (1) Purpose The purpose of an EAW is to rapidly assess, in a worksheet format, whether or not a proposed action has the potential for significant environmental effects. Mandatory EAWs The preparation of an EAW shall be mandatory for those projects that meet or exceed the thresholds contained in the State Environmental Review Program regulations, Minnesota Rules 4410.4300, as may be amended. Discretionary EAWs A discretionary EAW may be required when it is determined that, because of the nature or location of a proposed project, the project may have the potential for significant environmental effects. The City Council may require the preparation of a discretionary EAW if it is determined that a development project may have some significant environmental impact or when there is a perception of such, provided that the project is not specifically exempted by Minnesota Rules 4410.4600, as may be amended.

(3)

(2)

(3)

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Article 5: Development Procedures Section 5.3: Common Development Review Requirements Subsection 5.3.9: Environmental Review Consideration

(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. 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. 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.

(ii)

(iii)

(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) (ii) Type, extent and reversibility of environmental effects. Cumulative potential effects of related or anticipated future projects.

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Article 5: Development Procedures Section 5.3: Common Development Review Requirements Subsection 5.3.9: Environmental Review Consideration

(iii) (iv)

The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. 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. 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. 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. 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. 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.

(2)

(3)

(4)

(b)

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Article 5: Development Procedures Section 5.4: Summary of Application and Review Procedure Types Subsection 5.4.1: General Provisions

5.4
5.4.1

Summary of Application and Review Procedure Types
General Provisions
(A) The development review procedure type assigned to each permit governs the decisionmaking process for that permit or review. There are six types of decision-making procedures that are described in detail within this section. Applications may be reviewed by Planning Commission informally in a regularly scheduled work session prior to the Commission’s required formal meeting as appropriate. Such informal reviews and discussions shall be subject to Section 5.3.4, Effect of Preapplication Meetings and Informal Meetings. Unless otherwise indicated within this Code, all applications for permits or other approvals shall be submitted to the City Planner.

(B)

(C)

5.4.2

Summary Table of Development Review Procedures by Type of Review
Table 5.4-1 summarizes the type of development review procedures types permitted under this Code. The subsequent sections of this article define the applicable approval procedures, criteria, and submittal requirements.

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Table 5.4-1: Summary Table of Review Procedure Types
Type 1 City Planner (No DRC) Decision Type 2 City Planner (With DRC) Decision Type 3 Planning Commission/ HPC Decision Type 4 Planning Commission (or HPC) and City Council Recommendation and Decision Type 5 City Council Decision Type 6 ZBA

Procedure

See Section

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 5.5.7 X (HPC) Preservation Site 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 5.5.14 X Amendments to this 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.
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5.4.3

Type 1 Procedure (City Planner Decision without DRC Review)
Type 1 decisions are made by the City Planner without public notice and without a public hearing. (A) Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements. Action by the City Planner (1)

Submission of Application

Application Certification

(B)

Within 15 days of the date when an application is certified (See Section 5.3.3(C), Application Certification by the City Planner.), the City Planner shall render a decision to approve or deny an Type 1 Procedure application. The written decision shall be communicated through the issuance of a zoning certificate or a letter to the applicant citing the reasons for denial.

City Planner Review and Decision

(2) (C)

The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. 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.

5.4.4

Type 2 Procedure (City Planner Decision with DRC Review)
Type 2 decisions are made by the City Planner, with consultation from the DRC, without public notice and without a public hearing. (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. Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements. Review by the DRC (1) Upon submittal of a certified application (See Section 5.3.3(C), Application Certification by the
Land Development Code

Preapplication Meeting

Submission of Application

Application Certification

Review and Comment by the DRC

(B)

City Planner Review and Decision

(C)

Type 2 Procedure

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City Planner.), the City Planner shall transmit copies of the application to members of the DRC for review and comment. 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. 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). If approved, the City Planner shall issue a zoning certificate or letter of approval depending on the specific application. If denied, the City Planner shall send a letter to the applicant listing the reasons for the denial. (2)

(D)

(2) (3) (4)

(E)

The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. 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. 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. 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. Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements.

(B)

(C)

(D)

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.
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(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 Preapplication Planner.).
Meeting

(2)

If the DRC is asked to review an application, the committee review the application and provide comments back to the City Planner.

(F)

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. Public Meeting and Notice by City Planner After determining that an application contains all the necessary and required information (See Section 5.3.3(C), Application Certification by the City Planner.), the City Planner shall place the application on the Planning Commission agenda for the next available meeting and notify the public pursuant to Section 5.3.8, Public Notice.

(3)

Neighborhood Meeting (if required)

Informal Meeting with the Planning Commission (if requested)

Submission of Application

(G) 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.

Review and Comment by the DRC

Application Certification

A written staff report shall be forwarded to the Planning Commission 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. (H) Action by Planning Commission (1) The Planning Commission shall consider the application at its formal public meeting. It shall consider comments by staff as appropriate, a presentation by the applicant, and comments by interested parties.

(2)

Public Notice and Staff Report Planning Commission or HPC Review and Decision

(2)

The Planning Commission shall consider this Type 3 Procedure information and render a decision at the public meeting. If necessary, the Planning Commission can table and continue the review of the application in accordance with Section 15.99 of the Minnesota Statutes, at which time it shall render a decision.

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(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.

(I)

(4) The Planning Commission’s decision shall take effect immediately. 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. Neighborhood Meeting (1) (2) (3) Major subdivisions that will create 50 or more lots shall be required to facilitate a neighborhood meeting.. Zoning map amendments that encompass more than 100 acres shall be required to facilitate a neighborhood meeting. 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.

(B)

(C)

(4) See Section 5.3.5, Neighborhood Meetings. 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. Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements. 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.). If the DRC is asked to review an application, the committee shall review the application and provide comments back to the City Planner.
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(D)

(E)

(2)

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(3)

(F)

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. 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.
Informal Meeting with the Planning Commission (if requested)

(G) 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.

A written staff report shall be forwarded to Planning Commission 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. (H) Recommendation by Planning Commission (1) The Planning Commission shall consider the application at its formal public hearing. It shall consider comments by staff as appropriate, a presentation by the applicant, and comments by interested parties. The Planning Commission shall consider this information and make a recommendation at the public hearing. If necessary, the Planning 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.

(2)

Submission of Application

Review and Comment by the DRC

Application Certification

(2)

Public Notice and Staff Report

(3)

(I)

In making a recommendation, the Planning Commission shall also consider the applicable decision criteria of this Code and shall approve, approve with conditions (where allowed by law), or deny an application. Action by City Council (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). The City Council may adopt by a two-thirds vote
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Review and Recommendation by the Planning Commission

City Council Review and Decision

Type 4 Procedure

(2)
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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) (J) The City Council shall adopt findings and shall act upon the application in accordance with Section 15.99 of the Minnesota Statutes. 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.

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.

(2)

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 review, the applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements. 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.). If the DRC is asked to review an application, the committee shall review the application and provide comments back to the City Planner.
Submission of Application

(B)

Review and Comment by the DRC

Application Certification

(2)

(3)

(C)

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. Preparation of Staff Report (1)

Public Notice and Staff Report

City Council Review and Decision

The City Planner shall prepare a staff report providing an analysis of the proposal, a summary of the Planning Commission’s recommendation, Type 5 Procedure and a recommendation from staff. The City Planner shall consider comments from the DRC and Planning Commission in formulating its recommendation.

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(D)

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. Action by City Council (1) (2) After the application is certified complete, City Council shall approve the request, deny the request, or approve with conditions.

(2)

(E)

The City Council shall adopt findings and shall act upon the application in accordance with Section 15.99 of the Minnesota Statutes. 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 with Section 5.3, Common Development Review Requirements. 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.). If the DRC is asked to review an application, the committee shall review the application and provide comments back to the City Planner.
Submission of Application

(B)

Review and Comment by the DRC

(2)

Application Certification

(C)

Public Notice and Staff 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. ZBA Review and 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 Type 6 Procedure application on the ZBA agenda, schedule a public hearing on the proposed request, and notify the public according to published and written mailed notice procedures..

(3)

(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.

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(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.

(E)

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. 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. 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.

(3)

(F)

5.5
5.5.1

Specific Development Review Procedure Requirements
Zoning Certificate
(A) Applicability No building or other structure shall be erected, constructed, re-constructed, enlarged, moved or structurally altered, nor shall any land be used, excavated, or improved until a zoning certificate is issued. Approval Procedure The zoning certificate application may be subject to one of three review procedure types based on the size and scope of the project. The following are the established thresholds for review for each procedural type. The City Planner shall have the authority to determine how the zoning certificate application shall be reviewed based on these thresholds. (1) Type 1 Review The following zoning certificate application types 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): (a) (b) Accessory uses regulated by Section 2.10, Accessory Uses and Structures. Changes of use within an existing structure where the use is substantially similar to the existing use or another permitted use under the existing zoning district classification as indicated on the official zoning map and where no expansion of the building is included in the application. New single-family and two-family dwellings or additions and modifications of such uses. Signs that are not located on a heritage preservation site.

(B)

(c) (d)

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(2)

Type 2 Review The following zoning certificate application types shall be subject to the Type 2 review procedure as established in Section 5.4.4, Type 2 Procedure (City Planner Decision with DRC Review): (a) (b) (c) New multi-family dwellings with three units to seven units. Any additions or modifications to multi-family dwellings of three units or more. Additions to nonresidential structures of a total area less than 25 percent of the structure’s existing footprint or 5,000 square feet, whichever is less. Applications for the following uses shall be subject to the Site Plan Review requirements of Section 5.5.6, Site Plan Review:
(i) (ii) Multi-family buildings with eight or more units. Commercial office and all other nonresidential buildings and structures, including all public and institutional uses, and including all principal and accessory structures. Additions to nonresidential structures of a total area more than 25 percent of the structure’s existing footprint or 5,000 square feet, whichever is less. Parking structures and facilities and parking lots.

(3)

Type 3 Review (a)

(iii)

(iv)

(b)

Applications for certificates of appropriateness shall be reviewed by the HPC through a Type 3 review prior to review for a zoning certificate or site plan review.

(4)

Uses Not Classified The City Planner shall have the authority to determine what review type shall be applied to a zoning certificate application for a use or structure not addressed in the above subsections. The decision of the City Planner may be appealed to the ZBA in accordance with Section 5.5.17, Appeals.

(C)

Approval Criteria (1) Zoning certificate applications that are subject to the Type 3 review procedure as established above shall be subject to the review requirements and approval criteria of Section 5.5.6, Site Plan Review. The following criteria shall be considered in the review of zoning certificate application subject to a Type 1 or Type 2 review procedure: (a) (b) (c) The application shall demonstrate full compliance with the applicable requirements of this Code; That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and That it provides safe ingress and egress for emergency services.

(2)

(D)

Effect of Zoning Certificate Approval The zoning certificate must be issued prior to city allowing a building permit to be issued.

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(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. Extensions may be granted if a modified timeline is requested and approved as part of the development review.

(2)

5.5.2

Temporary Use Permit
(A) Applicability A temporary use permit may be issued for the following reasons: (1) (2) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. 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.

(B)

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. 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). Approval Criteria The following criteria shall be considered in the review of sign permit applications: (1) (2) 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. The date or event that will terminate the use can be identified with certainty.

(3)

(C)

(D)

(3) The use will not impose additional unreasonable costs on the public. Termination A temporary use shall terminate on the happening of any of the following events, whichever occurs first: (1) (2) (3) (4) (5) The expiration date stated in the permit. Upon violation of conditions under which the permit was issued. Upon change in the city’s Land Development Code which renders the use nonconforming. 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. 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.

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5.5.3

Construction Drawings
(A) Applicability Construction drawings shall be required for all major subdivisions and for some zoning certificate procedures where the City Engineer determines that certain stormwater improvements requires the submittal and approval of construction drawings. Approval Procedure: Construction drawings 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), with the exception that the City Engineer will be responsible for review and a decision instead of the City Planner. Approval Criteria The City Engineer shall consider the following in the review of construction drawings: (1) That the proposed subdivision and related improvements are in full compliance with the provisions of this Code as it relates to infrastructure, stormwater management, , transportation, and other infrastructure improvements; and

(B)

(C)

(2)

(D)

That the proposed improvements are in full compliance with the city’s plans, standards, and specifications of the city’s transportation plan and other infrastructure standards adopted by the city, including, but not limited to the Comprehensive Sanitary Sewer Plan, Comprehensive Water Plan, and Surface Water Management Plan Effect of the City Engineer’s Decision (1) (2) 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.

(E)

For stormwater improvements that are not part of a subdivision application and that require construction drawing approval, no grading, construction, or other development activities until the construction drawings are approved. Expiration (1) Approved construction drawings shall become void after one year from the date of issuance unless construction has begun on the improvements. If no construction has begun, approval of a new set of construction drawings shall be required. Extensions may be granted if a modified timeline is requested and approved by the City Engineer.

(2)

5.5.4

Flood Plain Permit
(A) Applicability (1) A flood plain permit shall be required prior to the issuance of any building permit and/or zoning certificate in the FP-O district or applicable flood plain/special flood hazard area as determined by the Federal Emergency Management Administration (FEMA). A flood plain permit shall also be required in conjunction with any conditional use permit or variance in the FP-O district or applicable flood plain/special flood hazard area as determined by the Federal Emergency Management Administration (FEMA).

(2)

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(B)

Approval Procedure Flood plain permits shall be subject to the Type 2 review procedure as established in Section 5.4.4, Type 2 Procedure (City Planner Decision with DRC Review). (1) Prior to granting a zoning certificate 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. 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 zoning certificate is issued by the City Planner stating that the use of the building or land conforms to the requirements of this section. Zoning certificates, building permits, conditional use permits, or 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. 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. 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. The City Planner shall notify, in watercourse alteration situations, adjacent communities and the commissioner of the Department of Natural Resources 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 commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(2)

(3)

(4)

(5)

(6)

(C)

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. Variances of Flood Requirements 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.
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(7)

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(2)

Variances shall only be issued by the city upon: (a) (b) (c) A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; and A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3) (4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. The City Planner shall notify the applicant for a variance that: (a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and 37 Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.

(b)

(D)

Conditional Uses (1) The Planning Commission shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the City Planner who shall forward the application to Planning Commission for consideration pursuant to the conditional use permit review procedure established in Section 5.5.9, Conditional Use Permit. In granting a conditional use permit the Planning Commission may prescribe appropriate conditions and safeguards, in addition to those specified in Section 2.9, Use-Specific Standards, that are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section, punishable under Section 4.8, Enforcement and Penalties. A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten days of such action. Procedures to be followed by the city in passing on Conditional Use Permit applications within all flood plain districts: (a) Require the applicant to furnish the following information and additional information as deemed necessary for determining the suitability of the particular site for the proposed use:
(i) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill,

(2)

(3) (4)

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.
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storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and (ii) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

(b)

Transmit one copy of the information described in Subsection 5.5.4(D)(4)(a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

(c)

(5)

In passing upon conditional use permit applications, the Planning Commission shall consider all relevant factors specified in other subsections of this section, the standards of Section 2.5.1, Floodplain Overlay District (FP-O), and: (a) (b) The danger to life and property due to increased flood heights or velocities caused by encroachments. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the services provided by the proposed facility to the city. The requirements of the facility for a waterfront location. The availability of alternative locations not subject to flooding for the proposed use. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. Such other factors that are relevant to the purposes of this Code.

(c) (d) (e) (f) (g) (h) (i) (j) (k) (6)

Upon consideration of the factors listed above and the purpose of this section, the Planning Commission shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following: (a) (b) Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy, and operation.
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(c) (d) (e)

Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. Flood proofing measures, in accordance with the State Building Code and this section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

5.5.5

Amendments to the PD-O District
(A) Applicability After the effective date of this Code, no new PUD districts may be approved. For PUDs that existed prior to the effective date of this Code, the approve PUD plans and restrictions shall continue to apply. The purpose of this development procedure is to identify the process an applicant may use to modify any previously approved PUD. Classification of Amendments The City Planner shall have the authority to classify proposed amendments based on the following thresholds. (1) Minor Amendments Minor amendments shall be restricted to those changes that do not: (a) Increase or decrease the density or intensity by more than five percent of the approved density or number of units (residential uses) or building square footage (nonresidential uses); Change the use; or Create changes that will create an increased impact for on- or off-site improvements as determined after DRC review.

(B)

(b) (c) (2)

Major Amendments Major amendments shall be all proposed amendments that are not classified as a minor amendment above.

(C)

Approval Procedure (1) (2) Minor amendments shall be subject to the Type 2 review procedure as established in Section 5.4.4, Type 2 Procedure (City Planner Decision with DRC Review).

(D)

Major amendments shall not be approved as part of this Code. Where a major amendment is requested, the applicant shall comply with the applicable underlying base zoning district or apply for a zoning map amendment (See Section 5.5.14, Text and Zoning Map Amendments.) to a different base zoning district. Approval Criteria The following criteria shall be considered in the review of minor PUD amendments: (1) (2) (3) The amendment is clearly minor as established in this section; and The amendment is necessary due to engineering, safety, or some circumstance unforeseen at the time of the original approval. The amendment is consistent with the overall purpose of this Code.
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5.5.6

Site Plan Review
(A) Applicability Planning commission approval of a site plan is required prior to construction for uses as defined in Section 5.5.1(B)(3), Type 3 Review. Approval Procedure Site plan review shall be subject to the Type 3 review procedure as established in Section 5.4.5, Type 3 Procedure (Planning Commission/HPC Decision). Approval Criteria The following standards shall be considered in the review of site plan review applications: (1) (2) (3) (4) (5) (6) That it fully complies with all applicable requirements of this Code; That it adequately protects other property located on the same property from the potential adverse effects of a non-residential use; That it is consistent with the use and character of surrounding properties; That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and That it provides safe ingress and egress for emergency services

(B)

(C)

(D)

That it complies city’s plans, standards, and specifications of the city’s transportation plan and other infrastructure standards adopted by the city, including, but not limited to the list of plans in Section 5.2.5. Amendments to Approved Site Plans (1) After a site plan has been approved, and in the course of carrying out this plan, adjustments or rearrangements of buildings may be requested by the applicants. If the amendment involves changes to 25 percent or less of the original floor area, not to exceed 5,000 square feet, the City Planner may approval the amendment after a Type 1 review (See Section 5.4.3, Type 1 Procedure (City Planner Decision without DRC Review)). Such amendment shall be in full compliance with the requirements of this Code. The City Planner may also review and approve adjustments or rearrangements of items other than buildings, such as drives, parking areas, recreation areas, entrances, heights, yards, signage, landscaping, outdoor lighting, or similar modifications subject to a Type 2 review (See Section 5.4.4, Type 2 Procedure (City Planner Decision with DRC Review).). Such amendment shall be in full compliance with the requirements of this Code. All amendments not described above shall be subject to a Type 3 review procedure as established in Section 5.4.5, Type 3 Procedure (Planning Commission/HPC Decision). Such amendment shall meet the approval criteria established in Section , 5.5.6(C)Approval Criteria above.

(2)

(3)

5.5.7

Heritage Preservation Site Designation
(A) Applicability (1) The city may, from time to time, determine that certain places, buildings, structures, properties, or district areas or properties within the community are of a

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significance in American history, architecture, archeology, engineering, and culture and that locations should be subject to additional review as it relates to this Code. An application for heritage preservation site designation may be initiated by the property owner, HPC, Planning Commission, or City Council. Approval Procedure Heritage preservation site designation shall be subject to the Type 4 (See Section 5.4.6, Type 4 Procedure (Planning Commission Recommendation and City Council Decision).) as modified herein. (1) Reports The City Council may direct the City Planner or other city staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for designation as a heritage preservation site prior to review as part of the Type 5 procedure. Review and Recommendation by the HPC (a) (b) The HPC shall act in place of the Planning Commission in the Type 4 procedure. The HPC shall review the application for designation in accordance with the Type 4 Procedure as set forth in Section 5.4.6, Type 4 Procedure (Planning Commission Recommendation and City Council Decision) and shall make a recommendation to City Council. In addition to the approval criteria set forth in Section 5.5.7(C)Approval Criteria, the HPC may also refer to the applicable Secretary of the Interior standards, and current procedure as recommended by the state historic preservation office when determining if a site should qualify as a heritage preservation site. Prior to designating a proposed heritage preservation site, the HPC shall forward information concerning the proposed designation to the state historical society for comment within 60 days. The recommendation of the HPC and decision of City Council shall be sent to the state historical society in accordance with applicable state statutes. City Council shall review and make a decision on a heritage preservation site application in accordance with Section 5.4.7, Type 5 Procedure (Decision by City Council with No Review by Planning Commission). Prior to making a decision, the City Council may request a review and recommendation by the Planning Commission for the designation's conformance with the comprehensive plan. Notice of the required public hearing shall be published in the official newspaper at least ten days prior to the date of the hearing and mailed notice sent to the owner of property which is proposed to be designated a heritage preservation site and to all owners of property lying within 350 feet of a proposed heritage preservation site. (2)

(B)

(2)

(c)

(3)

Communication with State Historical Society (a)

(b) (4)

Review and Decision by City Council (a)

(b)

(c)

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(d) (e) (C)

City Council shall adopt findings in support of any decision to designate a heritage preservation site. The decision of City Council shall be made in the form of a resolution.

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 That are associated with events that have made a significant contribution to the broad patterns of our history; or That are associated with the lives of persons significant in our past; or 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 That have yielded, or may be likely to yield, information important in prehistory or history; or

(2) (3) (4)

(5) (6) (D)

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. 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. 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. 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. 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.

5.5.8

Certificate of Appropriateness
(A)

(B)

(C)

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(D)

Approval Criteria The HPC shall consider the following in evaluating an application for a certificate of appropriateness for a zoning certificate and/or building permit: (1) (2) (3) (4) That it fully complies with all applicable requirements of this Code; That the proposed action is in harmony with the intent of the O-DH district; That the proposed action would complement other structures within the O-DH district; and

(E)

In the case of removal or demolition, that the structure could not be rehabilitated and used for a conforming purpose with reasonable efforts or whether the structure is without substantial historic or architectural significance. Alternative Equivalent Compliance (1) Purpose Alternative equivalent compliance is a procedure that allows development to occur where the intent of the design-related provisions of Article 3: Development Standards are met through an alternative design. It is not a general waiver or weakening of regulations. Rather, the procedure permits a site-specific plan that is equal to or better than the strict application of a design standard. It is not intended as a substitute for a variance or as a vehicle for relief from standards in this Code. Applicability The alternative equivalent compliance procedure shall be available only for the following sections of Article 3: Development Standards: (a) (b) (c) (3) (a) Section 3.8, Off-Street Parking, Loading, and Mobility; Section 3.6, Landscape, Screening, and Buffering Standards; and Section 3.3.3, Outdoor Lighting Standards; 38 An applicant proposing to use alternative equivalent compliance shall request and attend a preapplication conference with the City Planner prior to submitting an application for a certificate of appropriateness. The applicant shall meet with the City Planner to discuss the proposed alternative design and to allow the planning department to provide a preliminary response to the proposed design.

(2)

Preapplication Conference Required

(b)

(4)

Decision on the Alternative Equivalent Compliance39 Final approval of any alternative equivalent compliance proposed under this section shall be the responsibility of the HPC as part of the review and decision on a certificate of appropriateness.

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.
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(5)

Approval Criteria The HPC shall consider the following in evaluating an application that includes a proposed alternative equivalent compliance: (a) (b) (c) The proposed alternative achieves the intent of the subject design standard to the same or better degree than the subject standard. The proposed alternative achieves the goals and intent of this Code and the land use plan to the same or better degree than the subject standard. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject design standard.

(6)

Effect of Approval Alternative equivalent compliance shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests. Appeals Appeals of the HPC’s decision may be made to the ZBA in accordance with this Code and state law.

(7)

5.5.9

Conditional Use Permit
(A) Applicability Conditional uses are those uses that because of special requirements or characteristics, may be allowed in a particular zoning district only after review and approval by the Planning Commission Approval Procedure Conditional use permits shall be subject to the Type 3 review procedure as established in Section 5.5.1(B)(3), Type 3 Review. Conditional Use Standards Some conditional uses may be subject to use-specific regulations as established in Article 2: Zoning Districts and Use Regulations. Approval Criteria (1) In the approval of a conditional use permit, the Planning Commission may impose such conditions as necessary to make the use compatible with other uses permitted in the same district zone or vicinity. The following standards shall be considered in the review of conditional use permit applications: (a) (b) (c) The proposed use is allowed as a conditional use in the district for which it is proposed as shown in Table 2.7-1; The conditional use will be in accordance with the general objectives, or with any specific objective, of the city’s comprehensive plan and this Code; The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

(B)

(C)

(D)

(2)

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(d) (e)

The conditional use will not be hazardous or reasonably disturbing to existing or future neighboring uses; The conditional use will be served adequately by essential public facilities and services such as, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; The conditional use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community including detrimental impacts to the business areas of the city; The conditional use will not involve uses, activities, processes, materials, equipment and conditions or operations that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; The conditional use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance as may be established in the comprehensive plan or other city’s plans related to natural, scenic, or historic features. The traffic generated by the use will not lower the Levels of Services of intersections within a quarter of a mile of the site. In residential districts, the use is of a similar height, building orientation, massing, setback, and scale as to be compatible with surrounding uses (See Section 3.5, Neighborhood Compatibility Standards as a guide.). Impacts such as noise, hours of activity, and outdoor lighting have been sufficiently addressed as to mitigate negative impacts on nearby uses.

(f)

(g)

(h)

(i) (j)

(k) (3) (4)

Conditional uses in the FP-O district are also subject to the conditional use regulations of Section 3.12.10 (D), Conditional Uses

(E)

Conditional uses in the WS-O district are also subject to the conditional use regulations of Section 3.13.8, Conditional Use Permits. Amendments to an Approved Conditional Use Permit Approved conditional use permits may only be amended upon the classification and review of the proposed amendment as follows: (1) Minor Amendments (a) Minor amendments shall include limited changes in the site design of the applicable property that does not affect neighborhood compatibility or the public health, safety or welfare, and that does not violate any of the provisions of this Code or the conditions attached to the conditional use permit if such changes are required by engineering or other circumstances not foreseen at the time the conditional use permit was granted. The City Planner may review and make a decision on a minor amendment as part of a Type 1 procedure review as set forth in Section 5.4.3, Type 1 Procedure (City Planner Decision without DRC Review). At their discretion, the City Planner may determine that a proposed minor amendment qualifies as a major amendment, requiring approval in accordance with Subsection (2) below.
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(b)

(c)

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(2)

Major Amendments (a) (b) Major amendments shall include all changes that are not classified as a minor amendment above. Major amendments may only be considered after a new conditional use permit application has been submitted in accordance with this section.

(F)

Effect of Planning Commission Decision (1) A conditional use certificate shall authorize a particular conditional use on a specific parcel for which it was approved. A change of use from one permitted conditional use to another shall require a new application and approval pursuant to this section. The conditional use permit is non-assignable and shall expire one year from the date of approval unless the applicant has applied for and received a building permit. An approved conditional use may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval. Authorizes construction according to the approved construction drawings approved pursuant to Section 5.5.3, Construction Drawings. Uses and structures that are accessory to a permitted conditional use shall be allowed in accordance with Section 2.10, Accessory Uses and Structures, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval.

(2)

(3)

(4) (5)

5.5.10

Administrative Lot Line Adjustment
(A) Purpose The purpose of the procedure is to allow for the conveyance of small areas of land from one lot to an adjacent lot without creating any new nonconformities and where such minor changes do not call for the submission and approval of a minor or major subdivision plat. Applicability (1) An administrative lot line adjustment is a situation when a portion of a platted lot will be conveyed to an adjacent lot, thus modifying the lot lines that separate the two properties.

(B)

(2) (C)

This procedure shall only be utilized when compliance with the minor subdivision or major subdivision procedures would create an unnecessary hardship. Approval Procedure Administrative lot line adjustments 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). Approval Criteria The following criteria shall be considered in the review of administrative lot line adjustments:

(D)

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(1) (2)

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 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) (2) (3) The subdivision or consolidation shall not result in or create more than three parcels, including the remainder of the original parcel; The subdivision or consolidation does not require a plat or replat; 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 Any such subdivision or consolidation shall not require any public improvements or the dedication of rights-of-way.

(4) (5)

(B)

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. 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).

(C)

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. Approval Criteria The following criteria shall be considered in the review of minor subdivisions and lot consolidations: (1) (2) (3) The subdivision or consolidation is in general compliance with the comprehensive plan. The subdivision or consolidation meets the purpose and intent of this Code. 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. 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. The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas.

(2)

(4)

(5)

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(6) (7) (8)

Any such subdivision or lot consolidation shall not result in legal descriptions that are unduly complex. The subdivider shall provide easements as may be required by this Code. 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. 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). 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.

(B)

(b)

(2)

Approval Criteria The Planning Commission and City Council shall consider the following in the review of a preliminary plat: (a) (b) That the proposed subdivision is in full compliance with the provisions of this Code; 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; 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; That the site is physically suitable for the intensity or type of development or use contemplated; That the design of the subdivision or the proposed improvements is not likely to cause substantial and irreversible environmental damage; 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

(c)

(d) (e) (f)

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(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. 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. 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. 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 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.

(3)

Effect of City Council’s Decision (a)

(b)

(4)

Expiration of Preliminary Plat Approval (a)

(b)

(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. 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). 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. 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.

(D)

(b)

(c) (2)

Approval Criteria The City Council shall consider the following in the review of a final plat:

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(a) (b) (c) (d) (3)

Construction drawings have been reviewed and approved by the City Engineer; A development agreement has been prepared and submitted as part of the final plat application; The final plat is in substantial compliance with the approved preliminary plat and any conditions on the preliminary plat approval; and The final plat complies with all other applicable standards in this Code and state law.

Appeals Appeals of a decision made by the City Council shall be made to the court having jurisdiction. 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. 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. The City Council may approve one such extension for a term not to exceed one additional year.

(4)

(5)

(b)

5.5.13

Comprehensive Plan Amendment
(A) Applicability (1) (2) (3) This section outlines the procedural requirements for the amendment of the Northfield Comprehensive Plan. 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. 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) (b) 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. 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;

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(ii) (iii)

To initiate a modified comprehensive plan amendment; or To not initiate a comprehensive plan amendment.

(c)

The Planning Commission’s decision on whether to initiate a request for a comprehensive amendment shall be made prior to the approval procedure established in this section.

(B)

Approval Procedure Amendments to the comprehensive plan 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). Approval Criteria The Planning Commission and City Council should review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision on the application based on, but not limited to, consideration of the following criteria: (1) (2) (3) (4) (5) Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the adoption of the comprehensive plan; Whether the proposed amendment is consistent with the policy foundation of the plan; Whether and the extent to which the proposed comprehensive plan amendment addresses a demonstrated community need; Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public; Whether the proposed amendment will result in significant mitigation of adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife habitat, water quality, and vegetation; Whether the proposed comprehensive plan amendment is compatible with existing and proposed plan context zones as established in the plan , or the proposed amendment will maintain or improve compatibility among context zones and will ensure efficient development within the city; and Whether the proposed comprehensive plan amendment will result in a logical and orderly development pattern.

(C)

(6)

(7)

5.5.14

Text and Zoning Map Amendments
(A) Applicability (1) (2) This section outlines the procedural requirements for the amendment of the text of this Code and the official zoning map. An amendment of the text of this Code or the official zoning may be initiated by the Planning Commission or City Council, proposed by the City Planner, or initiated by the property owner or authorized agent of property for which the amendment is sought.

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(B)

Approval Procedure Amendments to text of this Code or official zoning map 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). Approval Criteria The Planning Commission and City Council should review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision on the application based on, but not limited to, consideration of the following criteria: (1) The proposed action has been considered in relation to the specific policies, goals, objectives, and recommendations of the comprehensive plan and other city plans, including public facilities and the Capital Improvement plans. The proposed action meets the purpose and intent of this Code, or in the case of a map amendment, it meets the purpose and intent of the individual district. There is adequate infrastructure available to serve the proposed action. There is an adequate buffer or transition provided between potentially incompatible districts.

(C)

(2) (3) (4)

5.5.15

Annexation
(A) Applicability (1) (2) This section outlines the procedural requirements for the review of annexation requests submitted by property owners. This section does not preclude the city from annexing land by any other method available under Minnesota State Law and for reasons other than the specified request, nor shall it be construed to require the city to annex any land at any time.

(B)

Unless there are compelling reasons otherwise, the applicant shall submit plans and applicable studies for all components of the proposed annexation. Approval Procedure Annexations 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). Approval Criteria The Planning Commission and City Council should review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision on the application based on, but not limited to, consideration of the following criteria: (a) Annexations should support the city’s policies, goals, and objectives as outlined in the comprehensive plan including the Conservation and Development Map; The city should avoid the approval of annexation applications that would result in the creation of isolated pieces or peninsulas of unincorporated areas. However, annexation of unincorporated islands is encouraged and may benefit the city;

(3)

(C)

(b)

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(c) (d) (e) (f)

Annexation should encourage an efficient development pattern and the creation of uniform city boundaries along with compatible land uses; Annexations should diversify and strengthen the tax base of the community and encourage the development of local employment opportunities. The annexation should provide the city with fiscal benefits and an increased quality of life for residents; The annexation will result in development that connects with existing infrastructure, including utilities and transportation, in a fiscally responsible manner; and The annexation would positively affect the desired residential/nonresidential balance of the city The proposed annexation generally complies with this Code.

(g) (h) (D)

Effects of City Council’s Decision (1) If, after receiving comments from the Planning Commission and reviewing the application for annexation, the City Council does not approve the proposed annexation, written notice of the decision shall be sent to the applicant stating the reasons for disapproval. If the City Council approves annexation of all or part of the land requested to be annexed and the applicant wishes to proceed with the annexation as approved, the City Council shall direct the staff to negotiate and draft a joint resolution for orderly annexation with the appropriate township board.40 Joint resolutions for orderly annexation approved under this article shall be subject to statutory and other negotiated conditions applicable to such annexation. Such conditions may include, but are not limited to, timetables for annexation of all or portions of the area covered by the joint resolution and mechanisms for initiating or triggering annexation of particular lands under the joint resolution. The joint resolution for orderly annexation shall be presented to the City Council and the appropriate township board for approval. Failure of the City Council and the township board to reach agreement on a joint resolution for orderly annexation shall terminate the orderly annexation process. If the joint resolution for orderly annexation is approved by the City Council, appropriate township board, and the Minnesota Office of Administrative Hearings, Municipal Boundary Adjustments, the applicant may pursue development of the land under the terms of the orderly annexation agreement, consistent with the annexation application as approved and other applicable development regulations.

(2)

(3)

(4)

5.5.16

Variance41
(A) Applicability (1) A variance is a request to deviate from the height, mass, setback, parking, or other dimensional requirements established by this Code where practical difficulties unique to the property in question prevent full compliance with such provisions.

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?
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(B)

(2) Pursuant to Minnesota Statutes, use variances are prohibited. Approval Procedure Variances shall be subject to the Type 6 review procedure as established in Section 5.4.8, Type 6 Procedure (Quasi-Judicial Decision by the ZBA). Approval Criteria (1) The following factors shall be considered and weighed by ZBA in determining practical difficulty or hardship. (a) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning districts. Examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness, or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures, or conditions; Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures; Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance; Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and trash pickup; Whether special conditions or circumstances exist as a result of actions of the current or a previous owner; Whether the property owner’s predicament feasibly can be resolved through some method other than a variance; Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and/or Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.

(C)

(b) (c) (d)

(e) (f) (g) (h) (i)

(2)

Variances in the FP-O district are also subject to the variance regulations of Section 3.12.10 (C), Variances

5.5.17

Appeals
(A) Applicability This section sets out the procedure to follow when a person claims to have been aggrieved or affected by an administrative decision of the City Planner, city staff responsible for the administration and enforcement of this Code, or an administrative decision made by the Planning Commission or the HPC.42

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.
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(B)

Approval Procedure Appeals shall be subject to the Type 6 review procedure as established in Section 5.4.8, Type 6 Procedure (Quasi-Judicial Decision by the ZBA). Approval Criteria An order, decision, determination, or interpretation shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the order, decision, determination, or interpretation fails to comply with either the procedural or substantive requirements of this Code, state law, or federal law. Provisions Specific to Appeals (1) (2) (3) (4) A majority vote of all voting members of the ZBA shall be required to overturn a decision. The ZBA shall make its determination concerning any matter within 30 days of complete submission of the matter to the ZBA. A copy of the decision of the Board shall be sent by mail to the applicant seeking the appeal. All decisions of the ZBA shall be final, except that any aggrieved person or any department, board or commission of the city shall have the right to appeal within 30 days after receipt of notice of the decision to the District Court in the county in which the subject property is located on questions of law and fact.

(C)

(D)

5.5.18

Code Interpretation
(A) Applicability Some terms or phrases within this Code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the text of this Code where other provisions (e.g., Section 1.6, Relationship to Existing Ordinances) do not provide resolution. Code Interpretation Procedure (1) (2) Requests A request for a code interpretation shall be made in writing to the City Planner. Decision to Issue Interpretation The City Planner shall have the authority to interpret the code or refer the request to the ZBA for its interpretation. The City Planner shall advise the person making the inquiry in writing as soon as practicable. Within 14 days after the request is made, the City Planner will advise, in writing, the person making the inquiring to inform the applicant of the City Planner’s decision on the interpretation or the decision to forward the interpretation request to the ZBA for review. Written Interpretation If the city decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requests a copy. The written interpretation shall be issued within 14 days of the request. The decision shall become effective 10 working days later.

(B)

(3)

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(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) 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).. 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. Appeals of an interpretation rendered by the ZBA shall be appealable to the court having jurisdiction.

(b)

(5)

Appeals (a)

(b) (C)

Interpretations on File The City shall keep on file a record of all code interpretations.

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Article 6: Definitions
6.1
6.1.1

Rules of Construction and Interpretation
Intent
All provisions, terms, phrases, and expressions contained in this Code shall be construed according to this Code’s stated purpose and intent.

6.1.2

Lists and Examples
Unless otherwise specifically indicated, lists of items or examples that use terms such as including, such as, or similar language are intended to provide examples, and not to be exhaustive lists of all possibilities.

6.1.3

Computation of Time
Unless the terms of a specific provision state otherwise (e.g., some provisions specify “business days”), periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other non-business/working days; however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.

6.1.4

References to Other Regulations, Publications, and Documents
Whenever reference is made to a ordinance, resolution, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, statute, or document or to the relevant successor document, unless otherwise expressly stated.

6.1.5

Public Officials and Agencies
All public officials, bodies, and agencies to which references are made are those of the City of Northfield, unless otherwise expressly stated.

6.1.6

Delegation of Authority
Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

6.1.7

Technical Words
Technical words and phrases not otherwise defined in this Code that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

6.1.8 6.1.9

Mandatory and Discretionary Terms
The word shall is always mandatory, and the words “may” or “should” are always permissive.

Conjunctions
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: (A) (B) “And” indicates that all connected items, conditions, provisions, or events shall apply; and “Or” indicates that one or more of the connected items, conditions, provisions, or events shall apply.
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6.1.10

Tense and Usage
Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.

6.1.11 6.1.12

Gender
The masculine shall include the feminine, and vice versa.

Meaning
For the purpose of this Code, words and phrases shall have the meanings set forth in this article, or, for use categories and use types, as specified in Section 2.8, Use Definitions.

6.1.13

Other Terms Not Defined
Words and phrases not otherwise defined in this Code shall be construed according to the common and approved usage of American English.

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 Dwelling Unit
A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities that is an attached extension to an existing single-family structure or garage.

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, Building Mounted
Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building mounted mast less than ten feet tall and six inches in diameter, or structure other than a telecommunication tower.

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.

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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.

Automated teller machine (ATM)
An automated device that performs banking or financial functions at a location remote from the controlling bank or financial institution.

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.

Blade (Wind Energy System)
Extensions from the hub of a WET that are designed to catch the wind and turn the rotor to generate electricity.

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.

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Building Height
The vertical distance of a building as measured in accordance with Section 3.1.6, Height Measurement, Limits, and Exceptions.

Building Line (front façade)
A line that runs parallel and adjacent to the primary building façade.

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.

Commercial Wireless Telecommunication Services
Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

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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.

Damaged Or Diseased Trees
Trees that have split trunk, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.

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.

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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.

Federal Aeronautical Administration (FAA)
The governmental agency responsible for regulating airways in the United States

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Federal Communications Commission (FCC)
The government agency responsible for regulating telecommunications in the United States.

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.

Floor Area, Gross
The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, floor area shall include the following: • • • • • • Basement space if at least one-half of the basement story is above the established curb level or, where the curb level has not been established, above the average level of the finished grade; Elevator shafts and stairwells at each floor; Floor space used for mechanical equipment where the structural headroom exceeds 7 1/2 feet, except equipment open or enclosed, located on the roof, i.e., bulkheads, water tanks and cooling towers; Attic floor space where the structural headroom exceeds 7 1/2 feet; Interior balconies and mezzanines; and Enclosed porches, but not terraces, breezeways, and screened porches.
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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.

Figure 6-1: Illustration of building frontage versus street frontage.

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.

Grade (Adjacent Ground Elevation)
The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the 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.
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Heritage Preservation Site Any area, place, building, structure, land, significant landscaping, building interior, district, adjacent property or other object which has been so designated pursuant to this article. The downtown historic district is considered individually and in its entirety as a heritage preservation site. Highway
An officially designated state or federal numbered highway or other road designated as a highway in the Northfield Thoroughfare Plan.

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.

In-Home Day Care
The care of children within a dwelling unit where the day care is an ancillary use, permitted as a home business.

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.

Large-Scale Wind Energy Turbine (LWET)
Wind energy system consisting of a wind turbine, a tower, and associated control or conversion electronics, whose total height is more than 130 feet above natural grade. LWETs shall have a rated capacity of more than 60 KW and be intended primarily to produce energy for sale to the grid, for consumption off-site.

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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 Line, Front
That boundary of a lot which abuts an existing or dedicated public street, and for a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the city.

Lot Line, Rear
That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, Side
Any lot line other than a front or rear lot line.

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Article 6: Definitions Section 6.2: Definitions

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.

Figure 6-2: Illustration of lot configurations and types.

Lot, Double Frontage
A lot which has a front line abutting on one street and a back or rear lot line abutting on another street. 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.

Lot, Panhandle or Flag
A lot not fronting or abutting a public street and where access to the public street is limited to a narrow strip of land. 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.
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Article 6: Definitions Section 6.2: Definitions

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.

Manufactured Home Stand
The part of an individual manufactured home lot that has been reserved for placement of the manufactured home, appurtenant structures, or additions.

Maximum Extent Feasible
That no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize the potential harm or adverse impacts have been undertaken. Economic considerations may be taken into consideration.

Medium-Scale Wind Energy Turbine (MWET)
Wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, whose total height is between 75 feet and 130 feet above natural grade. MWETs shall have a rated capacity in excess of 60 KW, be intended primarily to produce energy for on-site power consumption and reduce the need to purchase utility power from the grid, and have the ability to sell power back to the grid.

Menu Board
Any signage pertaining to items, goods, or services offered by a drive-through business.

Metes and Bounds
A method of property description by means of direction and distance from an identifiable point of beginning.

Metes and Bounds Description
A method of property description by means of the direction and distance from an identifiable point of beginning.

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.

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Article 6: Definitions Section 6.2: Definitions

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.

Outdoor Wood Fire Boilers
Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood fire boiler may also be referred to as an outdoor wood furnace or outdoor wood-fired hydronic heater.

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

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Article 6: Definitions Section 6.2: Definitions

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 and Institutional Uses
Uses that fall under the Public, Institutional, or Recreational Use Category (See Section 2.8.9, Public, Institutional, or Recreational Use Category) with the exception of campgrounds, day care facilities, and indoor recreational facilities.

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.

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Article 6: Definitions Section 6.2: Definitions

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.

Registered Land Survey
A survey map of registered land designed to simplify a complicated metes and bounds description, designating the land into a tract of a registered land survey number.

Regulatory Flood Protection Elevation
An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

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.
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Article 6: Definitions Section 6.2: Definitions

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.

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Article 6: Definitions Section 6.2: Definitions

Sign, Changeable Copy
A sign where there is an ability to modify or change displays, words, lines, logos, or symbols on a sign to provide different information. Changeable copy signs include electronic/digital signs, reader boards with changeable letters, and manual changeable copy signs.

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.

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Article 6: Definitions Section 6.2: Definitions

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.

Small-Scale Wind Energy Turbine (SWET)
A Wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, whose total height is between zero and 75 feet above natural grade. SWETs shall have a rated capacity of not more that 60 KW, be intended primarily to produce energy for on-site power consumption and reduce the need to purchase utility power from the grid, and have the ability to sell power back to the grid.

Solar Energy System
A structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.

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.

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Article 6: Definitions Section 6.2: Definitions

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.

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Article 6: Definitions Section 6.2: Definitions

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.

Telecommunication Facility, Collocated
A telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

Temporary Storage Container
A portable structure or container that allows for storage of goods or materials, on or off-site and which is not permanently affixed to a foundation. Temporary storage containers can include semi-tractor trailers if they are used for storage and not transport.

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 Telecommunication Tower
A mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast greater than ten feet tall and six inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a telecommunication 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

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Article 6: Definitions Section 6.2: Definitions

Traffic Safety Visibility Triangle
An area of a lot or parcel where landscaping and development is restricted adjacent to the intersection of streets with other streets or with driveways in order to protect traffic visibility at intersections. See Section 3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle).

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."

Wind Energy Turbine (WET)
Any structure or facility used for the converting of wind energy to electric power, including, but not limited to, towers, blades, motors, transmission wires, buildings, monopoles or other support structures, constructed, installed or operated, or to be constructed, installed or operated.
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Article 6: Definitions Section 6.2: Definitions

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.

Zoning Districts, Business
The C1-B, C2-B, I1-B, NC-F, and ED-F districts where the primary uses are commercial, office, industrial, or a mixture of business related uses.

Zoning Districts, Nonresidential
All business zoning districts and the CD-S and PI-S districts.

Zoning Districts, Residential
The R1-B, R2-B, R3-B, R4-B, and N1-B districts where residential uses are the primary permitted uses.

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INDEX

Accessory Uses and Structures, 49, 58, 59, 83, 186, 225  Administrative Lot Line Adjustment, 181, 217, 239  Adult Uses, 28, 38  Alleys, 88, 101, 175, 177, 251  Annexation, 198, 217, 245, 246  Appeals, 6, 145, 203, 204, 217, 218, 219, 221, 223, 224,  225, 226, 237, 242, 243, 247, 248, 249, 252, 271  Arterial Roads, 171, 177, 178  Flood Regulations, 185, 189, 190, 191, 192, 193, 197, 198,  229, 256 


Height, 58, 59, 84, 85, 87, 90, 93, 96, 97, 111, 115, 121,  134, 135, 253, 265, 269, 270  Heritage Preservation, 7, 8, 18, 19, 137, 197, 258  Historic Preservation Committee (HPC), 15, 19, 90, 135,  205, 206, 207, 217, 219, 226, 233, 234, 235, 236, 237,  247, 253, 258  Home Business, 61, 65 


Bicycle Parking, 145, 147 


Interpretations, 6, 184, 206, 217, 248, 250 


Certificate of Appropriateness, 19, 217, 235, 253  City Council, 3, 5, 6, 18, 38, 141, 159, 164, 172, 180, 181,  182, 201, 203, 204, 205, 207, 208, 209, 210, 211, 213,  214, 215, 217, 221, 222, 223, 224, 227, 228, 234, 235,  240, 241, 242, 243, 244, 245, 246, 253, 254, 256  City Engineer, 15, 46, 82, 86, 92, 93, 116, 120, 148, 151,  154, 155, 156, 159, 160, 162, 163, 164, 165, 166, 167,  174, 175, 178, 180, 182, 183, 207, 217, 228, 243, 253  City Planner, 14, 15, 19, 22, 41, 49, 58, 60, 64, 65, 66, 71,  74, 79, 80, 81, 83, 84, 86, 88, 92, 93, 95, 104, 109, 117,  118, 119, 127, 130, 131, 132, 135, 138, 140, 141, 143,  144, 145, 148, 149, 150, 152, 153, 154, 155, 156, 157,  159, 168, 184, 190, 191, 193, 194, 195, 197, 198, 199,  201, 202, 206, 207, 208, 210, 211, 212, 213, 214, 216,  217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,  228, 229, 230, 232, 233, 234, 236, 238, 239, 242, 243,  244, 247, 248, 249, 253, 257  Collector Roads, 171, 174, 177  Conditional Use, 21, 185, 237, 238  Conditional Use Permit, 237  Construction Drawings, 217, 228, 239, 242 


Landscaping, 14, 23, 31, 42, 54, 113, 114, 116, 117, 118,  120, 122, 126, 127, 131, 258  Lighting, 14, 43, 96, 97, 98, 99, 113, 139, 158, 236, 259,  262  Loading, 157 


Manufactured Homes, 7, 8, 10, 17, 23, 28, 42, 44, 145,  189, 192, 261  Map and Text Amendments, 217, 232, 244, 271 


Noise, 40, 55, 99  Nonconformities, 17, 76, 77, 78, 197 


Outdoor Storage, Display, and Sales, 95, 96, 112, 126 


Development Review Committee (DRC), 15, 147, 156, 206,  207, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226,  227, 228, 229, 232, 233, 238, 239, 249  Drive‐Through Establishments, 23, 31, 40 


Parking, 150, 152  Parking and Loading, 14, 23, 31, 32, 40, 43, 49, 54, 63, 65,  66, 71, 73, 94, 98, 113, 120, 121, 122, 124, 126, 142,  143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154,  156, 157, 158, 159, 177, 226, 236, 259, 262  Plan Commission, 41  Planning Commission, 15, 22, 47, 60, 66, 69, 70, 71, 87, 88,  104, 109, 191, 195, 196, 203, 204, 205, 206, 207, 209,  210, 212, 214, 216, 217, 219, 220, 221, 222, 223, 230,  231, 233, 234, 235, 237, 239, 240, 241, 242, 243, 244,  245, 246, 247, 262  Private Streets, 88, 101, 175 


Enforcement and Penalties, 3, 193, 194, 195, 198, 206,  207, 208, 227, 229, 230  Environmental Review, 213 


Fees, 166, 210, 211 

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

272

Article 6: Definitions Section 6.2: Definitions


Shoreland, 6, 7, 8, 17, 265  Sidewalks and Paths, 43, 133, 155, 160, 162, 168, 175, 177,  265, 266  Site Development Standards, 9, 10, 11, 12, 13, 15, 20, 84,  87, 89, 91, 92, 170, 199  Site Plan, 15, 112, 204, 217, 226, 233  Street Trees, 156, 162  Subdivision, 11, 28, 159, 160, 161, 162, 168, 191, 192, 217,  240, 241, 268 

Type 4 Procedure, 221, 234  Type 5 Procedure, 234 


Variance, 74, 168, 194, 195, 201, 217, 229, 230, 246, 247,  270 


Wind Energy Turbines, 61, 69, 70, 85, 258, 261, 267, 270 


Temporary Use Permit, 95, 217, 227  Temporary Uses and Structures, 71, 72, 73, 95, 217, 227,  270  Type 1 Procedure, 238 


Zoning Board of Appeals (ZBA), 6, 145, 184, 194, 204, 205,  206, 207, 212, 217, 218, 219, 224, 225, 226, 229, 237,  247, 248, 249, 270, 271 

City of Northfield, Minnesota DRAFT 3-31-09

Land Development Code

273

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