Applicable Zoning Districts Underlying This Shoreland Overlay District

Northfield, Minnesota
Land Development Code

Board and Commission Review Draft

May 26, 2009
1 Table of Contents
2
3 Article 1: General Provisions ........................................................................................................................ 1
4 1.1 Purpose of the Land Development Code (LDC) .................................................................................... 1
5 1.2 Title .......................................................................................................................................................... 2
6 1.3 Code Authority ........................................................................................................................................ 2
7 1.4 Code Jurisdiction ..................................................................................................................................... 2
8 1.5 Repeal of Existing Ordinances ................................................................................................................ 2
9 1.6 Relationship to Existing Ordinances ....................................................................................................... 2
10 1.7 Relationship to Third-Party Private Agreements .................................................................................... 2
11 1.8 Relationship to Comprehensive Plan ...................................................................................................... 3
12 1.9 Conformance to this Code ....................................................................................................................... 3
13 1.10 Transitional Rules .................................................................................................................................... 3
14 1.11 Ordinance Severability ............................................................................................................................ 4
15 1.12 Use of Tables, Graphics, Illustrations, Figures, and Cross-References ................................................. 4
16 Article 2: Zoning Districts and Use Regulations .......................................................................................... 5
17 2.1 Official Zoning Map ................................................................................................................................ 5
18 2.2 Establishment of Zoning Districts ........................................................................................................... 6
19 2.3 Base Zoning Districts .............................................................................................................................. 9
20 2.4 Special Base Zoning Districts ............................................................................................................... 13
21 2.5 Overlay Zoning Districts ....................................................................................................................... 15
22 2.6 Floating Zoning Districts....................................................................................................................... 19
23 2.7 Principally Permitted Uses .................................................................................................................... 20
24 2.8 Use Definitions ...................................................................................................................................... 25
25 2.9 Use-Specific Standards.......................................................................................................................... 37
26 2.10 Accessory Uses and Structures ............................................................................................................. 57
27 2.11 Temporary Uses and Structures ............................................................................................................ 72
28 2.12 Nonconformities .................................................................................................................................... 75
29 Article 3: Development Standards .............................................................................................................. 80
30 3.1 Measurements, Computations, and Exceptions .................................................................................... 80
31 3.2 Site Development Standards ................................................................................................................. 90
32 3.3 General Development Standards ........................................................................................................... 95
33 3.4 Architectural Standards ....................................................................................................................... 104
34 (Note: are these sufficient to regulate Single, two, and three family dwellings in the R1-B and N1-B ?) ...... 104
35 3.5 Neighborhood Compatibility Standards.............................................................................................. 113
36 Note: these standards should apply to R1- B only, and not the NC-F. Therefore, there should be a separation
37 of requirements between this section, and Section 3.5.5. For the neighborhood compatability
38 standards refer to “Too Big, Boring and Ugly” (PAS Report 528) and the City of Minneapolis’
39 Building Bulk requirements. ............................................................................................................... 113
40 3.6 Landscape, Screening, and Buffering Standards ................................................................................ 116
41 3.7 Signage................................................................................................................................................. 130
42 3.8 Off-Street Parking, Loading, and Mobility ......................................................................................... 144
43 3.9 Pedestrian Access and Circulation ...................................................................................................... 161
44 3.10 Basic Subdivision Requirements......................................................................................................... 163
45 3.11 Subdivision Design Standards............................................................................................................. 170
46 3.12 Development Standards for the FP-O District .................................................................................... 186
47 3.13 Development Standards for the WS-O District .................................................................................. 202
48 Article 4: Administration .......................................................................................................................... 207
49 4.1 Purpose................................................................................................................................................. 207
50 4.2 General Provisions for all Administrative Bodies and Boards........................................................... 207
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51 4.3 City Council ......................................................................................................................................... 207
52 4.4 Planning Commission and Zoning Board of Appeals (ZBA) ............................................................ 208
53 4.5 Heritage Preservation Commission (HPC) ......................................................................................... 209
54 4.6 City Planner and Code Enforcement Officer ...................................................................................... 210
55 4.7 Development Review Committee (DRC) ........................................................................................... 211
56 4.8 Enforcement and Penalties .................................................................................................................. 211
57 Article 5: Development Procedures .......................................................................................................... 213
58 5.1 Purpose................................................................................................................................................. 213
59 5.2 Applicability ........................................................................................................................................ 213
60 5.3 Common Development Review Requirements................................................................................... 213
61 5.4 Summary of Application and Review Procedure Types .................................................................... 219
62 5.5 Specific Development Review Procedure Requirements ................................................................... 229
63 Article 6: Definitions ................................................................................................................................ 254
64 6.1 Rules of Construction and Interpretation ............................................................................................ 254
65 6.2 Definitions ........................................................................................................................................... 255
66 Article 7: Appendix A ............................................................................................................................... 278
67 Article 8: INDEX ...................................................................................................................................... 287
68
City of Northfield, Minnesota Land Development Code ii

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69 Article 1: General Provisions
70
71 1.1 Purpose of the Land Development Code (LDC) ....................................................................... 1
72 1.2 Title ........................................................................................................................................... 2
73 1.3 Code Authority .......................................................................................................................... 2
74 1.4 Code Jurisdiction ....................................................................................................................... 2
75 1.5 Repeal of Existing Ordinances .................................................................................................. 2
76 1.6 Relationship to Existing Ordinances ......................................................................................... 2
77 1.7 Relationship to Third-Party Private Agreements ...................................................................... 2
78 1.8 Relationship to Comprehensive Plan......................................................................................... 3
79 1.9 Conformance to this Code ......................................................................................................... 3
80 1.10 Transitional Rules...................................................................................................................... 3
81 1.11 Ordinance Severability .............................................................................................................. 4
82 1.12 Use of Tables, Graphics, Illustrations, Figures, and Cross-References..................................... 4
83
84 1.1 Purpose of the Land Development Code (LDC)

85 The City of Northfield carries out the policies of the comprehensive plan by classifying and regulating the
86 uses of land and structures within the city. This Land Development Code is adopted to protect and
87 promote the public health, safety, morals, and general welfare of the city. More specifically, the purpose
88 of these regulations is to:
89 1.1.1 Maintain and enhance the community’s distinct small town character;
90 1.1.2 Preserve and protect the area’s natural, historic, and cultural resources while providing for
91 improved methods of integrating these resources in the community;
92 1.1.3 Encourage growth in infill locations as the desired location of development with expansion on
93 the edge of the city a secondary priority;
94 1.1.4 Create residential community areas with strong neighborhood qualities including pedestrian-
95 friendly street, community gathering spaces, and basic commercial needs within walking distance;
96 1.1.5 Encourage the development of neighborhoods that incorporate a variety of housing types to
97 serve the needs of a diverse population;
98 1.1.6 Allow for places with a mixture of uses that are distinctive and contribute to the city’s overall
99 vitality;
100 1.1.7 Provide standards and guidelines for continuing strategic growth and sustainable development;
101 1.1.8 Provide for the expansion and diversification of the economic base to assure a strong economy;
102 1.1.9 Promote an ethic of sustainability in all activities to ensure that proposed development
103 redevelopment will, at a minimum, conserve energy and natural resources;
104 1.1.10 Improve and promote connectivity to better serve residents and to improve the function of the
105 overall street network;
106 1.1.11 Ensure that proposed development is of human scale, primarily pedestrian-oriented to the
107 extent appropriate, and designed to create exceptional streetscapes and pedestrian spaces;
108 1.1.12 Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented
109 development, compact community form, safe and effective multi-modal traffic circulation (e.g.,
110 pedestrian, bicycle, and vehicular), and adequate on- and off-street parking facilities;
City of Northfield, Minnesota Land Development Code 1

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Article 1: GENERAL PROVISIONS
111 1.1.13 Protect the rural character of certain areas of the community as identified in the comprehensive
112 plan;
113 1.1.14 Encourage vibrancy in the downtown core and fringe areas;
114 1.1.15 Ensure compatibility between different types of development and land uses; and
115 1.1.16 Create a comprehensive and stable pattern of land uses upon which to plan transportation, water
116 supply, sewerage, energy, and other public facilities and utilities.
117 1.2 Title

118 This Land Development Code shall be known and may be cited as the “Land Development Code of the
119 City of Northfield, Minnesota,” the “LDC,” the “Land Development Code,” or just the “Code.”
120 1.3 Code Authority

121 The authority to adopt this Code within the City of Northfield, Minnesota, is derived from the authority
122 provided under the Charter of the City of Northfield and from the powers granted and limitations imposed
123 by the Minnesota Statute §462.357, §462.358, and other applicable sections. Whenever the charter or
124 other laws, including the state statutes, referenced in this Code have been amended or superseded, this
125 Code shall be considered amended in reference to the new or revised charter or other laws.
126 1.4 Code Jurisdiction

127 This Code shall apply to all land and land development within the incorporated area of the City of
128 Northfield, Minnesota.
129 1.5 Repeal of Existing Ordinances

130 This Code and the referenced Official Zoning Map hereby replace Chapter 34, Land Development
131 Regulations, of the Northfield Municipal Code.
132 1.6 Relationship to Existing Ordinances

133 1.6.1 In their interpretation and application, the provisions of this Code shall be the minimum
134 requirements, unless otherwise noted and shall be deemed neither to limit nor repeal any other powers
135 granted to the city under its charter and ordinances or under state statutes.
136 1.6.2 Where this Code imposes a greater restriction on the use of buildings or premises, or on the
137 heights of buildings, or requires larger yards, courtyards, or other open spaces than are imposed or
138 required by such existing provisions, the provisions of this Code shall prevail and control to the extent
139 permitted by law.
140 1.7 Relationship to Third-Party Private Agreements

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

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148 1.8 Relationship to Comprehensive Plan

149 The Comprehensive Plan for the City of Northfield or “comprehensive plan” as referenced in this Code,
150 and adopted on November 17, 2008, is the guiding policy document for this Code, as amended. It
151 establishes the goals, objectives and strategies that serve as a basis for this Code. All regulations or
152 amendments adopted pursuant to this Code shall be consistent with the comprehensive plan as adopted
153 and revised or updated in accordance with the requirements of this Code and the Section 4.6 of the
154 Charter of the City of Northfield. In cases of inconsistency with other regulations or amendments, the
155 Code regulations shall prevail.
156 1.9 Conformance to this Code

157 Except as specified herein, no land shall be subdivided, no building, structure, premises, or part thereof
158 shall be used, occupied, located, moved, erected, constructed, reconstructed, converted, extended,
159 enlarged, or altered except in conformity and full compliance with the regulations herein specified for the
160 district in which it is located.
161 1.10 Transitional Rules

162 1.10.1 Effective Date
163 This Code was enacted by Ordinance No. <> , adopted by the Northfield City Council on <>,
164 2009, and shall become effective on <>, 2009.
165 1.10.2 Violations Continue
166 Any violation under previous land development regulations and ordinances that applied to the
167 city prior to the adoption of this Code shall continue to be a violation under this Code and is
168 subject to penalties and enforcement under Section 4.8, Enforcement and Penalties, unless the
169 use, development, construction, or other activity complies with the provisions of this Code.
170 1.10.3 Nonconformities Continue
171 (A) Any legal nonconformity under any previous land development regulations that applied
172 to the city prior to the adoption of this Code shall continue to be a legal nonconformity
173 under this Code, as long as the situation that resulted in the nonconforming status under
174 the previous codes continues to exist.
175 (B) If a legal nonconformity under any previous regulations that applied to the city prior to
176 the adoption of this Code becomes conforming because of the adoption of these
177 regulations, then the situation will be considered conforming and shall no longer be
178 subject to the nonconforming use regulations.
179 1.10.4 Approved Projects
180 (A) Any building, structure, or development for which a building permit was issued prior to
181 the effective date of this Code may, at the applicant’s option, be completed in
182 conformance with the issued permit and any other applicable permits and conditions,
183 even if such building, structure, or development does not fully comply with provisions of
184 this Code. Such building, structure, or development shall be considered a legal
185 nonconforming use upon the issuance of an Occupancy Permit by the city.
186 (B) If the building or structure is not completed within the time allowed under the original
187 building permit or any extension granted thereof, then the building, structure, or
188 development may be constructed, completed, or occupied only in compliance with this
189 Code.

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190 (C) Any application for a project where an approved building permit has expired shall be
191 required to submit a new application that meets the standards of this Code.
192 1.11 Ordinance Severability

193 Each chapter, section, paragraph, sentence, clause, phrase or other divisible part of this Code is hereby
194 declared to be severable. If any such chapter, section, paragraph, sentence, clause, phrase, or other
195 divisible part of this Code is declared unconstitutional or otherwise invalid (by any court of competent
196 jurisdiction in a valid judgment or decree), such unconstitutionality or invalidity shall not affect any of the
197 remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible parts of this Code.
198 1.12 Use of Tables, Graphics, Illustrations, Figures, and Cross-

199 References
200 1.12.1 Where a conflict may occur between the text of this Code and any graphic, illustration, or
201 figure, the text shall control.
202 1.12.2 In some instances, cross-references between articles, sections, and subsections are provided that
203 include the article, section, or subsection number along with the name of the reference following the
204 numerical reference. Where a conflict may occur between the given cross-reference number and name,
205 the name shall control.
206 1.12.3 Cross-references to tables and figures include the main section number as the first part of the
207 number for purposes of identifying the location of the table.
208
209

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Article 2: ZONING DISTRICTS AND USE REGULATIONS
210 Article 2: Zoning Districts and Use

211 Regulations
212
213 2.1 Official Zoning Map .................................................................................................................. 5
214 2.2 Establishment of Zoning Districts ............................................................................................. 6
215 2.3 Base Zoning Districts ................................................................................................................ 9
216 2.4 Special Base Zoning Districts ................................................................................................. 13
217 2.5 Overlay Zoning Districts ......................................................................................................... 15
218 2.6 Floating Zoning Districts......................................................................................................... 19
219 2.7 Principally Permitted Uses ...................................................................................................... 20
220 2.8 Use Definitions ........................................................................................................................ 25
221 2.9 Use-Specific Standards............................................................................................................ 37
222 2.10 Accessory Uses and Structures................................................................................................ 57
223 2.11 Temporary Uses and Structures............................................................................................... 72
224 2.12 Nonconformities ...................................................................................................................... 75
225
226 2.1 Official Zoning Map

227 2.1.1 Map and Land Development Code
228 All land within Northfield is placed into zoning districts as shown on the Official Zoning Map.
229 The Official Zoning Map, along with all notations, references, and other information, are
230 hereby adopted as part of this Code. A certified copy of the Official Zoning Map shall be kept
231 on file with the city clerk.
232 2.1.2 Annexed Land or Land Not Otherwise Designated
233 (A) Any land located within the Northfield municipal boundaries that is not designated with a
234 zoning district shall be included in the Agricultural Holding (AH-S) district.
235 (B) Any land which may be annexed to the city in the future shall be placed in the (AH-S)
236 district until such time that the city council amends the zoning district, provided the city
237 council does not designate the zoning district for the parcel at the time of annexation.
238 2.1.3 Identification of the Official Zoning District Map
239 (A) The Official Zoning Map, with any amendments made thereon, shall be identified by the
240 signatures of the mayor and city clerk under the following words:
241 Official Zoning District Map, Northfield, Minnesota: This is to certify that this is the
242 Official Zoning Map referenced by Section 2.1, Official Zoning Map, of the Land
243 Development Code.
244 Adopted by the City Council, Northfield, Minnesota.
245 _________________ _______________________________
246 Date Mayor
247 _________________ _______________________________
248 Date City Clerk

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249 2.1.4 Interpretation of Zoning District Boundaries

250 The boundaries of the zoning districts are shown upon the Official Zoning Map. When
251 uncertainty exists with respect to the boundaries of zoning districts as shown on the Official
252 Zoning Map, the following rules shall apply:
253 (A) Where zoning district boundary lines are indicated as approximately following a center
254 line of a street or highway, alley, railroad easement, or other right-of-way, or a river,
255 creek, or other watercourse, such centerline shall be the zoning district boundary. In the
256 event of a natural change in the location of such streams, rivers, or other water courses,
257 the zoning district boundary shall be construed as moving with the channel centerline.
258 (B) Where zoning district boundary lines are indicated as approximately following a lot line,
259 such lot line shall be the zoning district boundary.
260 (C) Where zoning district boundary lines are indicated as approximately being parallel to a
261 centerline or a property line, such zoning district boundary lines shall be parallel to a
262 centerline or a property line and, in the absence of a specified dimension on the map, at
263 such scale and distance as indicated on the Official Zoning Map.
264 (D) Whenever any street, alley or other public way is vacated by official action of city
265 council, the zoning district adjoining each side of such street, alley or public way shall be
266 automatically extended to the center of such vacation, and all areas included in the
267 vacation shall then and henceforth be subject to all appropriate regulations of the
268 extended district or districts.
269 (E) The boundary for the Floodplain Overlay (FP-O) district has been taken from the flood
270 insurance study dated April 2, 2003, for the City of Northfield, prepared by the Federal
271 Emergency Management Agency and others as may be referenced in this Code or the
272 municipal code.
273 (F) The boundary for the Wild and Scenic River/Shoreland/Public Waters Overlay (WS-O)
274 district has been established by the Department of Natural Resources (DNR).
275 (G) When the actual street, right-of-way, property line boundary or other existing ground
276 condition is in conflict with that shown on the Official Zoning Map, the ZBA shall
277 review the necessary interpretation. The person contesting the location of the district
278 boundary shall be given a reasonable opportunity to present their case to the city and to
279 submit technical evidence if so desired pursuant to the appeals process as established in
280 Section 5.5.17, Appeals.
281 2.1.5 Legend and Use of Color or Patterns
282 There shall be provided on the Official Zoning Map a legend that shall list the name and
283 symbol for each zoning district. In lieu of a symbol, a color or black and white pattern may be
284 used on the Official Zoning Map to identify each zoning district as indicated in the legend.
285 2.2 Establishment of Zoning Districts

286 2.2.1 Districts Established
287 The districts in Table 2.2-1are hereby established to encourage sustainable development
288 practices, to carry out the purposes of this Code, and to assist in implementing the
289 comprehensive plan.
290
291
292

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Table 2.2-1: Zoning Districts

Abbreviation District Name
BASE ZONING DISTRICTS
R1-B Low Density Residential District
R2-B Medium Density Residential District [DISCONTINUED] [1]
R3-B High Density Residential District [DISCONTINUED] [1]
R4-B Manufactured Home Park District
N1-B Neighborhood General 1 District
C1-B Downtown District
C2-B Gateway Commercial District
I1-B Industrial District [DISCONTINUED] [1]
SPECIAL BASE ZONING DISTRICTS [2]
AH-S Agricultural Holding District
CD-S College Development District
PI-S Public and Institutional District
OVERLAY ZONING DISTRICTS
FP-O Floodplain Overlay District
WS-O Wild and Scenic River/Shoreland/Public Waters Overlay District
DH-O Downtown Historic Overlay District
PD-O Planned Unit Development Overlay District [DISCONTINUED] [1]
FLOATING ZONING DISTRICTS
NC-F Neighborhood Center Floating District
ED-F Economic Development District
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.
293
294 2.2.2 Relationship of Overlay Districts to Base, Special, and Floating Districts
295 (A) Where land is classified into an overlay zoning district, the regulations governing
296 development in the overlay district shall apply in addition to the regulations governing
297 the underlying base, special, or floating zoning district unless otherwise noted in the
298 district specific standards of Section 2.3, Base Zoning Districts, 2.4, Special Base Zoning
299 Districts, Section 2.5, Overlay Zoning Districts, or Section 2.6, Floating Zoning Districts.
300 In the event of an express conflict between the standards of the overlay zoning district
301 and the base, special, or floating zoning district, the standards governing the overlay
302 district shall control.
303 (B) In some instances, land may be classified into multiple overlay districts. In the event of
304 an express conflict between the standards of the multiple overlay districts, the most
305 restrictive standards shall apply.

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306 2.2.3 References to Previous Zoning Districts

307 Some of the district classification and names established within this Code differs from previous
308 versions of this Code. In instances where there may be references to the previous zoning district
309 nomenclature, Table 2.2-2 identifies how each of the previous district classifications was
310 renamed for this Code. This section shall only be used for comparison purposes only.
311
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
312

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313 2.3 Base Zoning Districts

314 2.3.1 Residential District (R1-B)
315 (A) Purpose
316 (1) The Residential (R1-B) district generally includes the established neighborhoods
317 surrounding downtown Northfield that are characterized by traditional urban
318 development qualities such as a grid pattern street network, sidewalks, and a range
319 of single-family, two-family, and some multi-family dwellings on smaller lots. The
320 purpose of the R-1B district is to continue to support single-family, two-family, and
321 three-family attached and detached dwellings within the existing character of the
322 city’s older neighborhoods. The primary intent of this zone is to strengthen the
323 character of existing historic neighborhoods within Northfield and to protect and
324 enhance the unique character of those existing neighborhoods, particularly in
325 locations where this character may be most susceptible to change.
326 (2) The R1-B district should generally apply to those areas designated as
327 “Neighborhood Central” on the framework map of the comprehensive plan.
328 (B) Infill Compatibility Requirement
329 Due to the developed character and context of existing development in the R1-B district,
330 all new development or structures with a total expansion of 15 percent of a building’s
331 footprint, whether as a single expansion or made through multiple expansions, shall be
332 subject to the infill compatibility standards established in Section 3.5, Neighborhood
333 Compatibility Standards.
334 (C) Site Development Standards
335 See Section 3.2.2, Residential Site Development Standards, and Table 3.2-1 for the site
336 development standards that apply to the R1-B district.
337 (D) Other Development Standards
338 In addition to the standards established for the R1-B district in this article, all
339 development shall be subject to all other applicable standards in Article 3: Development
340 Standards.
341 2.3.2 Medium Density Residential District (R2-B) [DISCONTINUED DISTRICT]1
342 (A) Purpose
343 The purpose of the Medium Density Residential (R2-B) district is to maintain the city’s
344 existing housing stock that is comprised of medium density residential uses at densities
345 ranging from 8.1 to 15 units per acre.
346 (B) Discontinued District
347 The R2-B district is a discontinued district and is maintained in this Code to minimize the
348 creation of nonconformities. Applications for amendments to the Official Zoning Map for
349 the R2-B district shall be prohibited after the effective date of this Code.
1
Because this district and the R3-B district are discontinued and are found in different land use plan categories, we
have not included a reference to the appropriate comprehensive land use category as we have done in other districts.

DRAFT 5-26-09

356 Standards.
357 2.3.3 High Density Residential District (R3-B) [DISCONTINUED DISTRICT]
358 (A) Purpose
359 The purpose of the High Density Residential (R3-B) district is to maintain the city’s
360 existing housing stock that is comprised of high density, multi-family residential uses at
361 densities ranging from 15.1 to 25 units per acre.
363 The R3-B district is a discontinued district and is maintained in this Code to minimize the
365 the R3-B district shall be prohibited after the effective date of this Code.
372 Standards.
373 2.3.4 Manufactured Home Park District (R4-B)
374 (A) Purpose
375 (1) The purpose of the Manufactured Home Park (R4-B) district is to allow
376 manufactured home parks in areas of the city. All manufactured homes shall only be
377 located in manufactured home parks. Manufactured home parks shall provide
378 ingress and egress roadways, storm shelters, open space for playgrounds, recreation
379 and park purposes, necessary sewer, water, electricity, and refuse services.
380 (2) The R4-B district should generally apply to those areas designated as
381 “Neighborhood General 1” on the framework map of the comprehensive plan.
382 (B) Site Development Standards
383 See Section 2.9.9, Manufactured Home Parks, Section 3.2.2, Residential Site
384 Development Standards, and Table 3.2-1 for the site development standards that apply to
385 the R4-B district.
386 (C) Other Development Standards
389 Standards.
390 2.3.5 Neighborhood General 1 District (N1-B)
391 (A) Purpose
392 (1) The Neighborhood General 1 (N1-B) district is applied to areas of the city that are
393 characterized by undeveloped land on the effective date of this code. The purpose of
394 the N1-B district is to establish the desired character for future residential or mixed
395 uses that reflects the character of the city’s older neighborhoods. The N1-B

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396 promotes a compact development style with high pedestrian activity and sustainable
397 development that complies with the development styles recommended in the
399 (2) The N1-B district should generally apply to those areas designated as
400 “Neighborhood Central” and “Neighborhood General 1” on the framework map of
401 the comprehensive plan.
404 development standards that apply to the N1-B district.
406 In addition to the standards established for the N1-B district in this article, all
408 Standards.
409 (D) Mixture of Dwelling Unit Types
410 For the purpose of promoting a mixture of dwelling unit types within a single
411 neighborhood and subdivision, a mixture of minimum lot sizes shall be required in
412 accordance with Table 2.3-1 based on the size of the subdivision.
Table 2.3-1: Mixture of Dwelling Unit Types
Percentage of Minimum Lots Required to

Number of Lots in a Subdivision Accommodate Any Mixture of Two, Three, or
Multi-Family Dwellings
0-19 Lots No Requirement
20-49 10%
50-99 Lots 15%
100 or More Lots 20%
413
414 2.3.6 Downtown District (C1-B)
415 (A) Purpose
416 (1) The purpose of the Downtown (C1-B) district is to sustain the historic central
417 business district and to augment and increase its viability and prosperity by allowing
418 the development and redevelopment of a variety of uses and activities, made
419 compatible through the enforcement of design standards. A mutually supportive
420 mixture of shopping, office, professional services, government and institutional,
421 entertainment, residential, and hospitality uses are encouraged within a compact,
422 pedestrian oriented environment. The district standards shall also facilitate the
423 creation of a strong, distinctive sense of place through pedestrian orientation and the
424 inclusion of open space, public plazas, gathering places, outdoor dining areas and a
425 strong relationship with the Cannon River.
426 (2) The C1-B district should generally apply to those areas designated as “Core” and
427 “Center” on the framework map of the comprehensive plan.
429 See Section 3.2.3, C1-B District Site Development Standards for the site development
430 standards that apply to the C1-B district.

DRAFT 5-26-09
432 In addition to the standards established for the C1-B district, all development shall be
433 subject to all other applicable standards in Article 3: Development Standards.
434 2.3.7 Gateway Commercial District (C2-B)
435 (A) Purpose
436 (1) The purpose of the Gateway Commercial (C2-B) district is to accommodate
437 professional offices, general commercial uses, and larger scale businesses that sell
438 goods and provide services to the general public in a setting that is focused around
439 nonresidential uses. While pedestrian level activity and access is highly encouraged,
440 the city recognizes that vehicular access is also important to the businesses along the
441 city’s general commercial corridors. The design and development standards for this
442 district are designed to increase the quality of development, ensure safe interaction
443 between vehicular and pedestrian traffic, and frame the actual corridor through
444 standards that bring building edges closer to the street.
445 (2) The C2-B district should generally apply to those areas designated as “Corridor” on
446 the framework map of the comprehensive plan.
448 See Section 3.2.4, C2-B District Site Development Standards for the site development
449 standards that apply to the C2-B district.
451 In addition to the standards established for the C2-B district, all development shall be
453 2.3.8 Industrial District (I1-B) [DISCONTINUED DISTRICT]
454 (A) Purpose
455 (1) The purpose of the Industrial (I1-B) district is to provide an area to accommodate
456 manufacturing, general businesses, offices, service and repair businesses,
457 warehousing and office showroom uses. Only limited and incidental retailing shall
458 be allowed in this district. Its overall character is intended to be compatible in scale
459 and intensity with the adjacent gateway commercial district. The portion of the
460 district that abuts the Cannon River shall be developed in a manner that enhances,
461 restores, augments and maintains the ecology and beauty of this natural corridor.
462 (2) The C2-B district should generally apply to those areas designated as “District” on
465 The I1-B district is a discontinued district and is maintained in this Code to minimize the
467 the I1-B district shall be prohibited after the effective date of this Code.
469 See Section 3.2.5, I1-B District Site Development Standards for the site development
470 standards that apply to the I1-B district.
472 In addition to the standards established for the I1-B district, all development shall be

DRAFT 5-26-09
474 2.4 Special Base Zoning Districts

475 2.4.1 Agricultural Holding District (AH-S)
476 (A) Purpose
477 The purposes of the Agricultural Holding (AH-S) district is to allow for agricultural uses
478 within the city limits while recognizing that the land may be developed for non-
479 agricultural uses in the near to long-term. It is designed specifically for areas within the
480 city that may presently be used for agriculture, or that might be annexed into the city, but
481 will be converted to a more urban use in the future.
483 See Section 3.2.6, AH-S District Site Development Standards for the site development
484 standards that apply to the AH-S district.
486 In addition to the standards established for the AH-S district in this article, all
488 Standards.
489 2.4.2 College Development District (CD-S)
490 (A) Purpose
491 (1) The purpose of the College Development (CD-S) district is to recognize the colleges
492 and the potential need for related development while protecting the larger
493 community, nearby neighborhoods, and the environment from impacts
494 accompanying major new development. Development in the CD-S district shall be
495 designed for a mix of college-related, integrated uses as specified below, linked by
496 pedestrian ways, bikeways, and other transportation systems. Development in these
497 districts shall also encourage reduced auto use, mitigate environmental impacts,
498 conserve energy resources and achieve visual continuity in the siting and scale of
499 buildings.
500 (2) The CD-S district should generally apply to those areas designated as an
501 “educational district” on the framework map of the comprehensive plan.
502 (3) Recognizing that there are large areas of land dedicated to the colleges in Northfield
503 and that there are potential areas of development conflict where the college
504 properties abut residential neighborhoods, the CD-S district is divided into sub-
505 areas. The Internal Development Area is the core areas of the college campuses
506 while the Perimeter Transition Area is a buffer area along the edges of the
507 campuses. Both sub-areas are defined in Subsection 2.4.2 (B) (1).
508 (B) CD-S District Standards
509 (1) Applicability
510 (a) For the purpose of this section, the Internal Development Area (IDA) shall
511 mean all college properties within the CD-S district that are contiguous to
512 other properties zoned as a CD-S district and do not fall within the Perimeter
513 Transition Area (PTA).
514 (b) For the purpose of this section, the Perimeter Transition Area (PTA) shall be
515 defined as a 300-foot wide area at the boundaries of the CD-S district that
516 are not adjacent to a CD-S district. Where applicable, this area shall be
517 measured from the midpoint of public rights-of-way adjoining the edge of
518 college properties. If a public right-of-way adjoining the college property

DRAFT 5-26-09
519 edge (with no adjoining buildings) is wider than 200 feet, and contains no
520 existing or planned buildings, then no PTA standards shall be applied and
521 the area may develop consistent with the IDA standards.
522 (c) In order to reflect these differing levels of impact on non-college properties,
523 the IDA development standards shall be more general and flexible, while the
524 PTA standards shall be more specific and detailed. When applying this
525 zoning to college-owned properties, the CD-S district shall extend to the
526 midpoint of public rights-of-way adjoining those properties.
527 (2) Additional Design Standards
528 (a) In addition to the standards established for the CD-S district in this article,
529 all development shall be subject to all other applicable standards in Article 3,
530 Development Standards.
531 (b) Parking structures within PTAs shall maintain a setback equal to the average
532 setback for existing buildings and/or parking lots on adjoining properties.
533 (c) Surface parking lots within PTAs that adjoin public streets shall be
534 landscaped or otherwise screened with structures to minimize views of
535 parking from the street and adjoining properties.
536 (d) Within PTAs, new athletic fields shall not be exempt from the lighting
537 standards established in Section 3.3.3, Outdoor Lighting Standards, with the
538 exception that, after 11:00 p.m., such facilities may not utilize the exemption
539 for public recreational activities.
540 (e) Screening of mechanical equipment, utility systems, solid waste and loading
541 areas within PTAs, shall be subject to the screening requirements of Section
542 3.6.10, Screening Requirements.
543 (f) Within PTAs, landscaping shall be provided so as to ensure compatibility
544 with adjoining and facing properties. Landscaping shall also include
545 appropriate design and management of stormwater.
546 (C) Development Review Procedure Requirements
547 For development review within the CD-S district, the following additional requirements
548 shall apply:
549 (1) A campus master plan shall be submitted to the city planner prior to any zoning
550 map amendment submittal. Such campus master plans shall be viewed as
551 illustrative in nature and may be updated, in whole or in part, at any time. Only
552 properties included as part of a college campus in a campus master plan may be
553 included in the CD-S district.
554 (2) Approval of individual buildings and development within an IDA area of a CD-S
555 district shall be subject to a Type 2 review procedure as established in Section
556 5.4.4, Type 2 Review Procedure (City Planner Decision with DRC Review).
557 (3) Approval of individual buildings and development within a PTA area of a CD-S
558 district shall be subject to a Type 3 review procedure as established in Section
559 5.4.5, Type 3 Review Procedure (Planning Commission/HPC Decision).
560 (4) If a traffic and stormwater management plan is not completed during the rezoning
561 process, such plans shall be required as part of any future site plan approval for a
562 new structure.
563 (D) Site Development Standards

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564 See Section 3.2.7, CD-S District Site Development Standards for the site development
565 standards that apply to the CD-S district.
566 (E) Other Development Standards
567 In addition to the standards established for the CD-S district, all development shall be
569 2.4.3 Public and Institutional District (PI-S)
570 (A) Purpose
571 (1) The Public and Institutional (PI-S) district is intended to establish and protect sites
572 for city, state, federal, and school district uses while also ensuring compatibility
573 with the surrounding neighborhoods. The PI-S zone implements and is consistent
574 with the land use designations of the comprehensive plan.
575 (2) The PI-S district can potentially apply to any land in any category on the
576 framework map of the comprehensive plan.
577 (B) Additional Site Plan Review Requirements
578 In addition to the requirements established for site plan review in Section 5.5.6, Site Plan
579 Review, the city engineer shall have the authority to require a traffic impact study or
580 stormwater management study depending on the size and impact of the proposed use.
582 (1) More than one principal building may be located on a single lot.
583 (2) In addition to the standards established for the PI-S district, all development shall
584 be subject to all other applicable standards in Article 3: Development Standards.
585 2.5 Overlay Zoning Districts

586 2.5.1 New Floodplain Overlay District (FP-O)2
587 (A) Purpose
588 It is the purpose of the Floodplain Overlay (FP-O) district to promote the public health,
589 safety, and general welfare and to minimize the potential losses by flooding, as described
590 in this section, by enacting the provisions contained herein.
591 (B) Development Standards
592 (1) The development standards for the underlying base zoning district shall apply
593 unless otherwise modified by the FP-O district.
594 (2) Additional standards for the FP-O district are located in Section 3.12, Development
595 Standards for the FP-O District.
596 (C) Statutory Authorization, Findings of Fact, and Purpose
597 The legislature of the State of Minnesota has, in Minn. Stat., chapters 103F and 462,
598 delegated the responsibility to local government units to adopt regulations designed to
599 minimize flood losses. Therefore, the city does ordain as follows:
600 (1) The flood hazard areas of Northfield, Minnesota, are subject to periodic inundation
601 which results in potential loss of life, loss of property, health and safety hazards,
602 disruption of commerce and governmental services, extraordinary public
2
Most of the standards for the FP-O and WS-O districts have been moved to Article 3 (Development Standards).
See Sections 3.15 and 3.16 of this draft.

DRAFT 5-26-09
603 expenditures for flood protection and relief, and impairment of the tax base, all of
604 which adversely affect the public health, safety, and general welfare.
605 (2) This section is based upon a reasonable method of analyzing flood hazards, which
606 is consistent with the standards established by the Minnesota Department of
607 Natural Resources.
608 (3) This section and this Code are adopted to comply with the rules and regulations of
609 the National Flood Insurance Program codified as 44 Code of Federal Regulations
610 Parts 59--78, as amended, so as to maintain the city's eligibility in the National
611 Flood Insurance Program.
612 (D) Establishment of Subdistricts
613 (1) Subdistricts
614 There are hereby established the following three subdistricts of the FP-O district.
615 (a) The floodway (FW) subdistrict shall include those areas designated as
616 floodway on the flood insurance rate map referred to in Section 3.12.2,
617 General Provisions.
618 (b) The flood fringe (FF) subdistrict shall include those areas shown as being
619 within zone AE, zone AO, or zone AH, but being located outside of the
620 floodway, on the Flood Insurance Rate Map (FIRM) as referred to in Section
621 3.12.2, General Provisions.
622 (c) The general floodplain (GF) subdistrict shall include those areas designated as
623 zone A or zones AE, zone AO, or zone AH without a floodway on the flood
624 insurance rate map referred to in Section 3.12.2, General Provisions.
625 (2) Compliance
626 No new structure or land shall hereafter be used and no structure shall be
627 constructed, located, extended, converted, or structurally altered without full
628 compliance with the terms of this section and other applicable regulations that
629 apply to uses within the jurisdiction of this section. Within the floodway, flood
630 fringe, and general flood plain subdistricts, all uses not listed as permitted uses or
631 conditional uses in this section shall be prohibited. In addition:
632 (a) New manufactured homes, replacement manufactured homes, and certain
633 travel trailers and travel vehicles are subject to the general provisions of this
634 section and specifically Section 3.12.9, Manufactured Homes and
635 Manufactured Home Parks and Placement of Recreational Vehicles.
636 (b) Modifications, additions, structural alterations, normal maintenance and
637 repair, or repair after damage to existing nonconforming structures and
638 nonconforming uses of structures or land are regulated by the general
639 provisions of this section and specifically Section 3.12.11, Nonconforming
640 Uses.
641 (c) As-built elevations for elevated or flood proofed structures must be certified
642 by ground surveys and flood proofing techniques must be designed and
643 certified by a registered professional engineer or architect as specified in the
644 general provisions of this section, Section 3.12, Development Standards for
645 the FP-O District.
646 (E) Amendments

DRAFT 5-26-09
647 (1) The flood plain designation on the official zoning map shall not be removed from
648 flood plain areas unless it can be shown that the designation is in error or that the
649 area has been filled to or above the elevation of the regulatory flood protection
650 elevation and is contiguous to lands outside the flood plain. Special exceptions to
651 this rule may be permitted by the DNR Ccommissioner of natural resources if he
652 determines that, through other measures, lands are adequately protected for the
653 intended use.
654 (2) All amendments to this section, including amendments to the flood plain
655 designation on the official zoning map, must be submitted to and approved by the
656 DNR Ccommissioner of natural resources prior to adoption. Changes in the official
657 zoning map must meet the Federal Emergency Management Agency's (FEMA)
658 Technical Conditions and Criteria and must receive prior FEMA approval before
659 adoption. The DNR Ccommissioner of natural resources must be given a ten-day
660 written notice of all hearings to consider an amendment to this section and said
661 notice shall include a draft of the Chapter amendment or technical study under
662 consideration.
663 2.5.2 Wild and Scenic River/Shoreland/Public Waters Overlay District (WS-O)
664 (A) Purpose
665 The purpose of the Wild and Scenic River/Shoreland/Public Waters Overlay (WS-O)
666 district is to protect and preserve the scenic, recreational, natural and historical values of
667 the Cannon River in the city by ensuring that development within this river corridor is
668 consistent with the state Wild and Scenic Rivers Act, to provide for the protection and
669 wise development of shoreland areas along the Cannon River, with the Shoreland
670 Management Act, and to provide for the protection and wise development of shoreland
671 areas in accordance with the Shoreland Management Act.
673 (1) The development standards for the underlying base zoning district shall apply
674 unless otherwise modified in by the WS-O district.
675 (2) Additional standards for the WS-O district are located in Section 3.13,
676 Development Standards for the WS-O District.
677 (C) Designation of the WS-O District
678 (1) The WS-O district combines the regulations pertaining to state shoreland
679 management and the wild and scenic river management programs. The public
680 waters located within the Northfield city limits have been classified as follows:
681 (a) Spring Creek, general development.
682 (b) Heath Creek, general development.
683 (c) Rice Creek, natural environment.
684 (d) Sibley Marsh, unclassified.
685 (2) In addition, in order to preserve and protect the Cannon River and its adjacent land
686 that possesses scenic, recreational, natural, and historical values, the Cannon River
687 in the city has been given a recreational river classification under the Minnesota
688 Wild and Scenic Rivers Act and is divided into two districts as undeveloped land
689 and developed land. It shall be unlawful to fill, excavate, or deposit any materials
690 in or on the beds of public waters without securing a permit from the DNR
691 Ccommissioner of natural resources.

DRAFT 5-26-09
692 (D) Permitted Uses

693 In addition to all permitted uses allowed in and regulated by the underlying zoning
694 district, as indicated on the official zoning map of the city, the following uses are
695 permitted by-right (no conditional use permit required):
696 (1) Campgrounds;
697 (2) Government resource management for improving fish and wildlife habitat; wildlife
698 management areas; nature areas; accessory roads; and
699 (3) Public access to rivers and streams.
700 (3)(4) Public access, road access type with boat launching facilities.
701 (E) Conditional Uses
702 In addition to all conditional uses and applicable attached conditions allowed in and
703 regulated by the applicable zoning districts underlying this shoreland overlay district as
704 indicated on the official zoning map of the city, the following conditional uses are
705 permitted:
706 In addition to all conditional uses and applicable attached conditions allowed in and the
707 underlying zoning district, the following conditional uses are permitted:
708 (1) Private campgrounds.
709 (2) Other private open space recreational uses.
710 (3) Utility transmission lines subject to the conditions of all applicable state rules.
711 (4) Public roads, subject to the conditions of all applicable state rules.
712 (5) Sand and gravel extraction, subject to the conditions of all applicable state rules.
713 (6) Canoe rental establishments, subject to the conditions of all applicable state rules,
714 except the inner tube rentals shall be prohibited.
715 (1) Utility transmission lines subject to the conditions of all applicable state rules;
716 (2) Mining and extraction of sand and gravel, subject to the conditions of all applicable
717 state rules; and
718 (3) Canoe and boat rental establishments, subject to the conditions of all applicable
719 state rules.
720 2.5.3 Downtown Historic Overlay District (DH-O)
721 (A) Purpose
722 (1) The city council declares as a matter of public policy that the preservation,
723 protection, perpetuation and use of areas, places, buildings, structures, and other
724 objects having special historical interest or value is a public necessity and is
725 required in the interest of the health, safety, welfare and prosperity of the people.
726 (2) Additionally, this district has the purpose to:
727 (a) Safeguard the heritage of the city by preserving sites and structures which
728 reflect elements of the city's cultural, social, economic, political, visual or
729 architectural history;
730 (b) Protect and enhance the city's appeal to residents, visitors and tourists and
731 serve as a support and stimulus to business and industry;
732 (c) Foster civic pride in the beauty and notable accomplishments of the past; and

DRAFT 5-26-09
733 (d) Promote the preservation and continued use of historic sites and structures
734 for the education and general welfare of the people of the city.
735 (B) Northfield Downtown Historic District
736 There has been created a Northfield Downtown Historic District that has been registered
737 with the federal government and certified by the state. The boundaries of such district
738 shall be as shown on the Official Zoning Map.
739 (C) Certificate of Appropriateness
740 No activity with the DH-O district shall occur on a heritage preservation site without
741 having first received a certificate of appropriateness issued by the HPC pursuant to
742 Section 5.5.8, Certificate of Appropriateness. All supporting documents relating to the
743 certificate of appropriateness (e.g., plans and photographs) shall be kept on file by the
744 city planner. Activity initiated or completed without the consent of HPC and the city as
745 required shall be considered to be in violation of this Code.
746 2.5.4 Planned Unit Development Overlay District (PD-O) [DISCONTINUED DISTRICT]
747 (A) Purpose
748 The purposes of the Planned Unit Development Overlay (PD-O) district is to allow for
749 the continuance of planned unit developments approved prior to the effective date of this
750 Code.
752 The PD-O district is a discontinued district and is maintained in this Code to minimize
753 the creation of nonconformities. Applications for amendments to the Official Zoning Map
754 for the PD-O district shall be prohibited after the effective date of this Code.
755 (C) Approved Plans Continue
756 All preliminary and final development plans approved as part of a planned unit
757 development prior to the effective date of this Code shall remain in full force and effect
758 as part of this overlay district. Provided new development in the PD-O district is in
759 compliance with the approved plans, the development shall be considered in conformance
760 with this Code.
761 (D) Amendments
762 Amendments to any approved plans shall be reviewed pursuant to Section 5.5.5,
763 Amendments to the PD-O District.
764 2.6 Floating Zoning Districts

765 2.6.1 Neighborhood Center Floating District (NC-F)
766 (A) Purpose
767 (1) The purpose of the NC-F district is to promote and enhance the vitality of existing
768 neighborhoods by providing for the opportunity to develop nonresidential or mixed
769 uses in existing neighborhoods where the principal building is designed to be
770 consistent with the size, scale, and massing of the surrounding residential uses.
771 Additionally, the uses should be of an intensity that will create minimal traffic and
772 noise impacts on the surrounding neighborhood.
773 (2) The NC-F district should generally apply in areas designated as “Neighborhood
774 Central” and “Neighborhood General 1” on the framework map of the

DRAFT 5-26-09

777 (1) All buildings shall be subject to the neighborhood compatibility standards of
778 Section 3.5, Neighborhood Compatibility Standards.
779 (2) NC-F districts may only be considered on lots that are located at the intersection of
780 two street types with a functional classification of collector and/or arterial pursuant
781 to Section 3.11.3, Streets).
783 In addition to the standards established for the NC-F district, all development shall be
785 2.6.2 Economic Development Floating District (ED-F)
786 (A) Purpose
787 (1) The Economic Development Floating (ED-F) district is applied to areas of the city
788 appropriate for employment with an urban campus type character with a focus on
789 sustainable, high quality development that is designed in a way to preserve the
790 city’s natural resources while simultaneously promoting economic development.
791 This district will provide opportunities for corporate administrative offices and
792 medium size research and development firms to locate in the city. Land uses within
793 the district should be designed to minimize impact on any residential uses by
794 appropriate buffering and overall subdivision design. High standards of appearance
795 and design will be required and maintained with restrictions on outdoor storage and
796 activities with undesirable characteristics.
797 (2) The ED-F district should generally apply to those areas designated as “District” on
800 See Section 3.2.8, ED-F District Site Development Standards for the site development
801 standards that apply to the ED-F district.
803 In addition to the standards established for the ED-F district, all development shall be
805 2.7 Principally Permitted Uses

806 2.7.1 General Provisions
807 (A) Table 2.7-1 lists the principal uses allowed within all zoning districts except for the
808 overlay zoning districts. The uses permitted in the overlay districts shall be controlled by
809 the underlying base zoning district unless otherwise modified in the district standards of
810 this article.
811 (B) Principal uses allowed in the overlay districts are identified in Section 2.5, Overlay
812 Zoning Districts.
813 2.7.2 Explanation of Table of Permitted Uses
Formatted: No bullets or numbering, Tab
814 stops: Not at 0.63"
815 2.7.2 (Note: In Table 2.7, the Advisory Group has suggested that the Table be significantly
816 scaled down. For example, there should be broader categories for various land uses, and efforts
817 should be made to change “C” to “P” (this can be discussed and clarified by the Planning

DRAFT 5-26-09
818 Commission in their review of Table 2.7). This may mean adding more standards to Section 2.9 –
819 “Use Specific Standards”. Staff will prepare alternatives for the Planning Commission to consider
820 prior to the discussion of the Table.
821 (A) Organization of Table
822 Table 2.7-1 organizes the uses by use categories and use types.
823 (1) Use Categories
824 The use categories provide a systematic basis for assigning present and future land
825 uses into broad general classifications (e.g., household living, mixed use,
826 commercial, etc.). The use classifications then organize land uses and activities
827 into specific “use types” based on common functional, product, or physical
828 characteristics, such as the type and amount of activity, the type of customers or
829 residents, how goods or services are sold or delivered, and site conditions.
830 (2) Use Types
831 The use categories are divided into specific use types. The use types identify the
832 specific uses that are considered to fall within characteristics identified in the
833 broader use category. For example, single-family dwellings, two-family dwellings,
834 and townhome clusters are some of the specific use types that fall under the
835 “household living” use category.
836 (3) Use Categories and Use Types Defined
837 Use categories and use types are defined in Section 2.8, Use Definitions.
838 (B) Symbols in Table
839 The symbols used in Table 2.7-1 are defined as follows:
840 (1) Permitted Uses (P)
841 A “P” in a cell indicates that a use type is allowed by-right in the respective zoning
842 district subject to compliance with the use-specific standards set forth in the final
843 “use-specific standards” column of Table 2.7-1. Permitted uses are subject to all
844 other applicable standards of this Code, including those set forth in Article 3:
845 Development Standards.
846 (2) Conditional Uses (C)
847 A “C” in a cell indicates that a use type is allowed as a conditional use in the
848 respective zoning district subject to compliance with the use-specific standards set
849 forth in the final “use-specific standards” column of Table 2.7-1 and approval of a
850 conditional use permit in accordance with Section 5.5.9, Conditional Use Permit.
851 Conditional uses are subject to all other applicable standards of this Code,
852 including those set forth in Article 3: Development Standards.
853 (3) Pre-Existing Uses (PE)
854 A “PE” in a cell indicates that a use type existed in the applicable zoning district
855 prior to the effective date of this Code and it is the intent of the city to allow the
856 continuance of the use, regardless if the use is no longer permitted as-of-right (P) in
857 the district. Pre-existing uses may continue in accordance with Section 2.12.3,
858 Nonconforming and Pre-Existing Uses.
859 (4) Prohibited Uses
860 A cell with a “--" or a blank cell indicates that the listed use type is prohibited in
861 the respective zoning district.

DRAFT 5-26-09
862 (5) Use-Specific Standards

863 The “use-specific standards” column of Table 2.7-1 cross-references standards that
864 are specific to an individual use type and are applicable to that use in all districts
865 unless otherwise stated in the use-specific standards.
866 (6) Unlisted Uses
867 If an application is submitted for a use that is not listed in Table 2.7-1, the city
868 planner is authorized to classify the new or unlisted use, with consultation from
869 appropriate city departments, into an existing use type that most closely fits the
870 new or unlisted use. If no similar use determination can be made, the city planner
871 shall refer the use to the planning commission, who may initiate an amendment to
872 the text of this Code to clarify where and how the use should be permitted.
873
Table 2.7-1: Permitted Principal Uses
Use Category and Use Type Special Base Floating
Base Zoning Districts Zoning Zoning
* Discontinued Zoning District Districts Districts Use-Specific
P = Permitted Use
Standards in
C = Conditional Use
R2-B*
R3-B*
I1-B*
AH-S
NC-F
ED-F
CD-S
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
PE = Pre-Existing Use
[#] Reference to Notes at Bottom of the Table
Agricultural Use Category

Agricultural Buildings -- -- -- -- -- -- -- -- P -- -- -- --
Crop Raising and Forestry -- -- -- -- P -- -- -- P P P -- P
Farm Implement Sales and Service -- -- -- -- -- -- P P C -- -- -- --
Stables and Raising of Livestock -- -- -- -- -- -- -- -- P -- -- -- --
Wholesale or Commercial Plant
-- -- -- -- -- -- P PE C -- -- -- --
Nurseries
Group Living Use Category
Boarding, Lodging, or Tourist Homes C C P -- -- -- -- -- -- -- -- C --
Dormitories -- -- -- -- -- -- -- -- -- P -- -- --
Nursing and Convalescent Homes C C P -- C -- -- -- -- -- P C --
Residential-Care, Licensed In-Home
P P P -- P --- -- -- -- -- -- P --
for six or Fewer Persons
Residential-Care, Licensed for More
C C P -- P -- -- -- -- -- -- C --
than six Persons
Household Living Use Category
Bed & Breakfast Establishments C C C -- C C -- -- C -- -- C -- 2.9.4
Dwelling, Multi-Family (Apartment
PE P P -- -- -- -- -- -- P -- -- -- 2.9.12
Building with nine or more units)
Dwelling, Multi-Family (Apartment
-- P P -- P -- -- -- -- P -- -- -- 2.9.12
House with four to eight units)
Dwelling, Multi-Family (Rowhouse) -- P P -- P -- -- -- -- P -- -- -- 2.9.12
Dwelling, Multi-Family (Upper Floors) -- -- -- -- P -- -- -- P -- -- -- 2.9.12
Dwelling, Single-Family P P -- -- P -- -- -- -- -- -- -- --
Dwelling, Three-Family P P P -- P -- -- -- -- -- -- -- --
Dwelling, Two-Family P P P -- P -- -- -- -- -- -- -- --
Manufactured Home Park -- -- -- P -- -- -- -- -- -- -- -- -- 2.9.9

DRAFT 5-26-09

P = Permitted Use
Standards in
C = Conditional Use
R2-B*
R3-B*
I1-B*
AH-S
NC-F
ED-F
CD-S
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
Office Use Category

General Offices -- -- -- -- C P P P -- P -- C [1] P
Medical or Dental Clinic or Offices PE -- -- -- C P P --- -- -- -- C [1] P
Office/Business Service Uses -- -- -- -- -- P P P -- -- -- C [1] P
Commercial Use Category
Adult Uses -- -- -- -- -- -- -- P -- -- -- -- -- 2.9.2
Animal Hospital/Veterinary Clinics -- -- -- -- -- -- P P -- -- -- -- P
Auto Service Stations PE -- -- -- -- -- P P -- -- -- C [1] P 2.9.3
Banks or Financial Institutions -- -- -- -- -- P P C -- -- -- C [1] P
Banquet Halls -- -- -- -- -- -- P -- -- P -- -- --
Bars, Taverns, Nightclubs -- -- -- -- C P P -- -- -- -- C [1] --
Boat, Trailer, or Recreational Vehicle
-- -- -- -- -- -- P -- -- -- -- -- --
Sales and Service
Car/Truck Washing Establishments -- -- -- -- -- -- P P -- -- C -- --
Commercial Truck Storage and Parking -- -- -- -- -- -- C P -- -- -- -- --
Convenience Stores -- -- -- -- C -- P -- -- -- -- C [1] C
Day Care Facilities C C P -- P -- C C -- -- -- C [1] C 2.9.6
Drive-Through Establishments -- -- -- -- -- PE P -- -- -- -- C [1] P 2.9.7
Firearms Dealers -- -- -- -- -- -- C C -- -- -- -- -- 2.9.8
Funeral Homes PE -- -- -- C P P -- -- -- -- C [1] --
Gasoline Station (Fuel Sales) -- -- -- -- -- -- P P -- -- -- -- --
Greenhouses, Garden, and Landscaping
-- -- -- -- -- -- P P C -- -- -- --
Sales and Service
Hotel, Motel, Extended Stay
-- -- -- -- -- P P -- -- -- -- -- --
Establishments
Kennels -- --
-- -- -- -- P C C -- -- -- --
Motor Vehicle Sales and Service -- --
-- -- -- -- P -- -- -- -- -- --
Parking Lots -- --
-- -- -- C P P -- P P -- P
Personal Services -- --
-- -- P P P C -- P -- C [1] C
Private Clubs -- --
-- -- -- P P -- -- -- -- -- --
Restaurant -- --
-- -- -- P P -- -- P -- C [1] C
Restaurant, Fast-Food -- --
-- -- -- PE P -- -- C -- -- C
Restaurant, Limited Service PE --
-- -- C P P -- -- P -- C [1] C
Retail Sales and Service -- --
-- -- P P P P -- P P C [1] P 2.9.14
Theaters -- --
-- -- -- P P -- -- P -- -- --
Mixed Use Category
Mixed Use (With Residential Uses) -- -- -- -- -- P C -- -- -- -- C [1] -- 2.9.11
Mixed Use (Without Residential Uses) -- -- -- -- -- -- P -- -- -- -- C [1] -- 2.9.11
Industrial, Manufacturing, Research, and Wholesale Use

DRAFT 5-26-09

P = Permitted Use
Standards in
C = Conditional Use
R2-B*
R3-B*
I1-B*
AH-S
NC-F
ED-F
CD-S
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
Automobile or truck repair, including

-- -- -- -- -- -- C P -- -- -- -- C
body work
Bakeries (Factory or Distribution) -- -- -- -- -- -- P P -- -- -- -- P
Bulk Storage of Liquids -- -- -- -- -- -- -- C -- -- -- -- C 2.9.5
Contractor Offices, Warehouses, and
-- -- -- -- -- -- C P -- -- -- -- --
Yards
Distribution Facilities -- -- -- -- -- -- P P -- -- -- -- P
Industrial Uses (Indoors) -- -- -- -- -- -- -- P -- -- -- -- P
Industrial Uses with Outdoor/Open
-- -- -- -- -- -- -- P -- -- -- -- --
storage of Parts, Products, or Fuels
Lumberyards and Construction
-- -- -- -- -- -- P P -- -- -- -- --
Material Sales
Mining, Extraction, and Aggregate
-- -- -- -- C C C C C C C -- C 2.9.10
Processing
Mini-Warehouses -- -- -- -- -- -- P P -- -- -- -- --
Outdoor Storage and Sales of Material,
-- -- -- -- -- -- C P -- -- -- -- --
Wholesale
Recycling of Aggregate Material -- -- -- -- -- -- -- P -- -- -- -- --
Research and Development,
-- -- -- -- -- -- C P -- P -- -- P
Laboratories
Warehouses -- -- -- -- -- -- -- P -- -- -- -- P
Public, Institutional, or Recreational Use Category
Campground -- -- -- -- -- -- -- -- -- -- P -- --
Cemetery C C C -- C -- C -- C -- C -- --
Cultural Institutions C C C C C C C -- -- P C C [2] --
Golf Course -- -- -- -- C -- -- -- C -- P -- --
Hospital -- -- -- -- -- -- P -- -- -- P -- --
Indoor Recreational Facilities -- -- -- -- -- -- C C C C C -- C
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

DRAFT 5-26-09

P = Permitted Use
Standards in
C = Conditional Use
R2-B*
R3-B*
I1-B*
AH-S
NC-F
ED-F
CD-S
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
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.
874 2.8 Use Definitions

875 2.8.1 Agricultural Use Category
876 The agricultural use category is comprised of uses characterized by general active and on-going
877 agricultural uses, activities, and related uses. An agricultural use, in general, means the use of
878 land for the growing and/or production of field crops, livestock, and livestock products for the
879 production of income.
880 (A) Agricultural Buildings
881 Any building or structure, existing or erected, which is used primarily for agricultural
882 purposes, with the exception of dwelling units.
883 (B) Crop Raising and Forestry
884 The growing and harvesting of legal agricultural crops and trees for commercial
885 agricultural purposes. Forestry specifically means the use and management, including
886 logging, of a forest, woodland or plantation and related research and educational
887 activities, including the construction, alteration or maintenance of wood roads, skidways,
888 landings, and fences.
889 (C) Farm Implement Sales and Service
890 An establishment selling, renting, or repairing agricultural machinery, equipment, and
891 supplies for use in soil preparation and maintenance, the planting and harvesting of crops,
892 and other operations and processes pertaining to farming and ranching.
893 (D) Stable and Raising of Livestock
894 A detached accessory building for the raising and sheltering of horses and other livestock
895 for the private use of the occupants of a principal dwelling and their guests. See also
896 provisions for the keeping of chickens as an accessory use in Section 2.10, Accessory
897 Uses and Structures.

DRAFT 5-26-09
898 (E) Wholesale or Commercial Plant Nurseries

899 An establishment used for the growing, storage, and sale of legal garden plants, shrubs,
900 trees, or vines for retail or wholesale sales.
901 2.8.2 Group Living Use Category
902 Residential uses characterized by a group of unrelated persons living in a group setting where
903 there are shared bedroom, kitchen, and/or bathroom facilities and where the group is not living
904 as a single housekeeping unit.
905 (A) Boarding, Lodging, or Tourist Homes
906 A building other than a motel or hotel that, for compensation and by prearrangement for
907 definite periods, lodging and/or meals, for occupants or renters, are provided for three or
908 more persons but not to exceed ten persons.
909 (B) Dormitories
910 A building used principally to provide rooms for sleeping accommodations at an
911 educational, public, or religious institution. Common kitchen, sanitary, and social
912 gathering rooms may also be provided.
913 (C) Nursing and Convalescent Homes
914 Any facility where the primary function is the provision, on a continuing basis, of nursing
915 services and health-related services for the treatment and inpatient care of two or more
916 unrelated individuals, including facilities known by varying nomenclature or designation
917 such as rest homes, convalescent homes, skilled care facilities, intermediate care
918 facilities, extended care facilities and infirmaries. This does not include the home or
919 residence of any individual who cares for or maintains only persons related to him or her
920 by blood or marriage.
921 (D) Residential-Care, Licensed In-Home for Six or Fewer Persons
922 A licensed, public or private, residential care facility located in a residential dwelling unit
923 that provides six or fewer persons with a 24-hour-per-day substitute for care, food,
924 lodging, training, education, supervision, habilitation, rehabilitation and treatment they
925 need, but which for any reason cannot be furnished in the client's own home. Residential
926 facilities include, but are not limited to, state institutions for human services, foster
927 homes, residential treatment centers, maternity shelters, group homes, residential
928 programs, supportive living residences for functionally impaired adults, or schools for
929 handicapped children.
930 (E) Residential-Care, Licensed for More than Six Persons
931 A licensed, public or private, residential care facility located in a residential dwelling unit
932 that provides seven or more persons with a 24-hour-per-day substitute for care, food,
933 lodging, training, education, supervision, habilitation, rehabilitation and treatment they
934 need, but which for any reason cannot be furnished in the client's own home. Residential
935 facilities include, but are not limited to, state institutions for human services, foster
936 homes, residential treatment centers, maternity shelters, group homes, residential
937 programs, supportive living residences for functionally impaired adults, or schools for
938 handicapped children.
939 2.8.3 Household Living Use Category
940 Residential uses characterized by a family or group of unrelated persons living together as a
941 single housekeeping unit.

DRAFT 5-26-09
942 (A) Bed & Breakfast Establishments

943 An owner-managed and owner-occupied residential structure used as a lodging
944 establishment where rooms are rented on a nightly basis and in which breakfast is the
945 only meal and is included as part of the basic compensation. All uses related to a
946 boardinghouse and/or rooming house and/or a group facility, as defined in this article,
947 shall be strictly prohibited as bed and breakfast establishments.
948 (B) Dwelling, Multi-Family (Apartment Building)
949 A building designed to incorporate nine or more dwelling units, each dwelling unit to be
950 totally separated from the other by a wall or a ceiling.
951 (C) Dwelling, Multi-Family (Apartment House)
952 A building designed to incorporate four to eight dwelling units, each dwelling unit to be
953 totally separated from the other by a wall or a ceiling. The apartment house is designed to
954 appear as a large single-family dwelling unit rather than a traditional apartment building.
955 (D) Dwelling, Multi-Family (Rowhouse)
956 A group of attached dwelling units, separated by fire walls, in which each residence has
957 its separate exterior entrance and there is no internal access to adjacent dwelling units.
958 (E) Dwelling, Multi-Family (Upper Floors)
959 A series of dwelling units, typically apartment units, that are located solely on the second
960 or higher story of a building with the first floor dedicated to a nonresidential use.
961 (F) Dwelling, Single-Family
962 Housing located on individual lots, physically unconnected with any adjacent homes,
963 occupied by a single housekeeping unit.
964 (G) Dwelling, Three-Family
965 A building designed or intended for occupancy by three housekeeping units, each
966 dwelling unit to be totally separated from the other by a wall or a ceiling.
967 (H) Dwelling, Two-Family
968 A building designed or intended for occupancy by two housekeeping units, each dwelling
969 unit to be totally separated from the other by a wall or a ceiling.
970 (I) Manufactured Home Park
971 Any site, lot, field, or tract of land upon which two or more manufactured homes are
972 located and includes any building, structure, vehicle, or enclosure intended for use as a
973 part of the equipment of such manufactured home park. See also Minn. Stat. §327.14,
974 subd. 3.
975 2.8.4 Office Use Category
976 Commercial uses that are generally not retail-oriented that are utilized to provide services to
977 residents and businesses.
978 (A) General Offices
979 Establishments providing executive, management, administrative, or professional
980 services including, but not limited to, real estate, architecture, legal, travel, employment,
981 advertising, design, engineering, accounting, and similar uses.

DRAFT 5-26-09
982 (B) Medical or Dental Clinic or Offices

983 Office or clinic uses concerned with the diagnosis, treatment, and care of human beings
984 related to medicine or dental. This definition does not include hospitals or convalescent
985 homes.
986 (C) Office/Business Service Uses
987 Establishments primarily engaged in rendering services to office or business
988 establishments on a fee or contract basis, such as advertising and mailing; building
989 maintenance; employment services; management and consulting services; protective
990 services; office equipment rental and leasing; commercial research; development and
991 testing; photo finishing; and personal supply services.
992 2.8.5 Commercial Use Category
993 Establishments that contain businesses where the intent is of realizing profit from the sale of
994 goods and services.
995 (A) Adult Uses
996 Adult uses mean any of the following activities and businesses:
997 (1) Adult Bookstore: A building or portion of a building used for the barter, rental or
998 sale of items consisting of printed matter, pictures, slides, records, audiotape,
999 videotape, or motion picture film if such building or portion of a building excludes
1000 minors because of age and if a substantial or significant portion of such items is
1001 distinguished or characterized by an emphasis on the depiction or description of
1002 specified sexual activities or specified anatomical areas.
1003 (2) Adult Carwash: A wash facility for any type of motor vehicle that allows
1004 employees, agents, independent contractors, or other persons to appear in a state of
1005 partial or total nudity in terms of specified anatomical areas.
1006 (3) Adult Health/Sport Club: A health or sport club which excludes minors because of
1007 age, if such club is distinguished or characterized by an emphasis on specified
1008 sexual activities or specified anatomical areas.
1009 (4) Adult Hotel or Motel: A hotel or motel where minors are specifically excluded
1010 from patronage because of age and where material is presented which is
1011 distinguished or characterized by an emphasis on matter depicting, describing or
1012 relating to specified sexual activities or specified anatomical areas.
1013 (5) Adult Mini-Motion Picture Theater: A building or portion of a building with a
1014 capacity for less than 50 persons used for presenting material if such material is
1015 distinguished or characterized by an emphasis on matter depicting, describing or
1016 relating to specified sexual activities or specified anatomical areas. The phrase
1017 "used for" in this definition means a regular and substantial course of conduct and
1018 not a one-time presentation of such material.
1019 (6) Adult Modeling Studio: An establishment whose major business is the provision, to
1020 customers, of figure models who are so provided with the intent of providing
1021 sexual stimulation or sexual gratification to such customers and who engage in
1022 specified sexual activities or display specified anatomical areas while being
1023 observed, painted, painted upon, sketched, drawn, sculptured, photographed, or
1024 otherwise depicted by such customers.
1025 (7) Adult Motion Picture Arcade: Any place to which the public is permitted or invited
1026 wherein coin- or slug-operated or electronically, electrically or mechanically

DRAFT 5-26-09
1027 controlled or operated still or motion picture machines, projectors or other image-
1028 producing devices are maintained to show images to five or fewer persons per
1029 machine at any one time, and where the images so displayed are distinguished or
1030 characterized by an emphasis on depicting or describing specified sexual activities
1031 or specified anatomical areas. The phrase "used for" in this definition means a
1032 regular and substantial course of conduct and not a one-time presentation of such
1033 material.
1034 (8) Adult Motion Picture Theater: means a building or portion of a building with a
1035 capacity of 50 or more persons used for presenting material if such building or
1036 portion of a building as a prevailing practice excludes minors because of age and if
1037 such material is distinguished or characterized by an emphasis on specified sexual
1038 activities or specified anatomical areas for observation by patrons therein.
1039 (9) Body Painting Studio: An establishment or business that provides the service of
1040 applying paint or other substance, whether transparent or nontransparent, to the
1041 body of a patron when such body is wholly or partially nude in terms of specified
1042 anatomical areas.
1043 (10) Cabaret: A building or portion of a building for providing dancing or other live
1044 entertainment, if such building or portion of a building excludes minors by virtue
1045 of age and if such dancing or other live entertainment is distinguished or
1046 characterized by an emphasis on the presentation, display, or depiction of specified
1048 (11) Companionship Establishment: A companionship establishment that excludes
1049 minors because of age and that provides the service of engaging in or listening to
1050 conversation, talk or discussion between an employee of the establishment and a
1051 customer, if such service is distinguished or characterized by an emphasis on
1052 specified sexual activities or specified anatomical areas.
1053 (12) Conversation/Rap Parlor: A conversation/rap parlor that excludes minors because
1054 of age, and which provides the service of engaging in or listening to conversation,
1055 talk, or discussion, if such service is distinguished or characterized by an emphasis
1056 on specified sexual activities or specified anatomical areas.
1057 (13) Massage Parlor and Health Club: A massage parlor or health club that restricts
1058 minors because of age, and which provides the services of massage, if such service
1059 is distinguished or characterized by an emphasis on specified sexual activities or
1060 specified anatomical areas.
1061 (14) Miscellaneous Adult Use: Any establishment, business, or service whose products
1062 or services are substantially or significantly distinguished or characterized by an
1063 emphasis on specified sexual activities or specified anatomical areas.
1064 (15) Novelty Business: A business that has as a principal activity the sale of devices
1065 which stimulate human genitals or devices which are designed for sexual
1066 stimulation.
1067 (16) Sauna: A sauna that excludes minors because of age or which provides a steam
1068 bath or heat bathing room used for the purpose of bathing, relaxation, or reducing,
1069 utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service
1070 provided by the sauna is distinguished or characterized by an emphasis on specified
1072 (17) Steam Room/Bathhouse Facility: A building or portion of a building used for
1073 providing a steam bath or heat bathing room used for the purpose of pleasure,

DRAFT 5-26-09
1074 bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or
1075 reducing agent if such building or portion of a building restricts minors because of
1076 age or if the service provided by the steam room/bathhouse facility is distinguished
1077 or characterized by an emphasis on specified sexual activities or specified
1078 anatomical areas.
1079 (B) Animal Hospital/Veterinary Clinics
1080 A place where animals or pets are given medical or surgical treatment and are cared for
1081 during the time of such treatment. Use as a kennel shall be limited to short-time boarding
1082 and shall be only incidental to the veterinarian facility.
1083 (C) Auto Service Stations
1084 A building, structure, or land used for the general repair and maintenance of automobiles,
1085 motorcycles, trucks, trailers, or similar vehicles including, but not limited to, muffler, oil
1086 change and lubrication, tire service and sales, installation of accessory, or engine repair.
1087 (D) Banks or Financial Institutions
1088 Establishments engaged in deposit banking. Banks and financial institutions may include,
1089 but are not limited to, commercial banks, loan or mortgage companies, stockbrokers,
1090 savings institutions, credit unions, and other similar uses.
1091 (E) Banquet Halls
1092 A facility or building available for lease by private parties that may include kitchen
1093 facilities for the preparation or catering of food, the sale of alcoholic beverages for on-
1094 premises consumption during scheduled events not open to the public, and/or outdoor
1095 gardens, decks, or reception facilities.
1096 (F) Bars, Taverns, Nightclubs
1097 A facility or building available for lease by private parties that may include kitchen
1098 facilities for the preparation or catering of food, the sale of alcoholic beverages for on-
1099 premises consumption during scheduled events not open to the public, and/or outdoor
1100 gardens, decks, or reception facilities.
1101 (G) Boat, Trailer, or Recreational Vehicle Sales and Service
1102 Facilities where new or used boats, trailers, and recreational vehicles, in operational
1103 condition, are sold or leased to customers.
1104 (H) Car/Truck Washing Establishments
1105 The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or
1106 other light duty equipment.
1107 (I) Commercial Truck Storage and Parking
1108 A lot or building used for the storage or temporary parking of commercial vehicles.
1109 (J) Convenience Stores
1110 A retail store that caters to the motoring public where the sale of food items such as hot
1111 or cold drinks, prepackaged foods, and tobacco, road maps, magazines and other
1112 publications, automotive maintenance items such as brake fluid, oil, polishes, anti-freeze,
1113 and similar products, and other retail items that may be readily purchased. A convenience
1114 store does not sell gasoline or other fuels unless associated with a “gasoline station.”

DRAFT 5-26-09
1115 (K) Drive-Through Establishments

1116 Any restaurant, financial institution, product- or service-vending enterprise where
1117 business is transacted through a window or other mechanical device with a patron who is
1118 in a vehicle.
1119 (L) Firearms Dealer
1120 Any person engaged in the sale, lease, trade, or other transfer of firearms or ammunition
1121 at wholesale or retail. Firearms dealer shall not include any person only in the business of
1122 repairing firearms.
1123 (M) Funeral Homes
1124 A building, or part thereof, used for human funeral services and which may include space
1125 for the embalming and other services used in the preparation of the dead for burial, the
1126 storage of caskets, funeral urns, and other related supplies, the storage of funeral vehicles,
1127 facilities for cremation, chapels, and other related uses.
1128 (N) Gasoline Station (Fuel Sales)
1129 A facility for the retail sales of unleaded and diesel gasoline.
1130 (O) Greenhouses, Garden, and Landscaping Sales and Service
1131 Facilities that may include greenhouses (glassed or translucent enclosures used for the
1132 cultivation and protection of plants) and where the primary business is the sale of plants,
1133 landscaping materials, and related products.
1134 (P) Hotel, Motel, Extended Stay Establishments
1135 A building in which temporary lodging, with or without meals, is offered for
1136 compensation and in which there are individual sleeping rooms.
1137 (Q) Kennels
1138 A facility for the boarding, breeding, raising, grooming, selling, training, or other animal
1139 husbandry activities for dogs, cats, or other animals for financial or other compensation.
1140 (R) Motor Vehicle Sales and Rental
1141 Facilities where new or used vehicles, in operational condition, are sold, leased, or rented
1142 to customers.
1143 (S) Parking Lots
1144 Land that is surfaced in accordance with Section 3.8, Off-Street Parking, Loading, and
1145 Mobility and used for the temporary parking of vehicles.
1146 (T) Personal Services
1147 Establishments that are primarily engaged in providing services generally involving the
1148 care of the person or person’s possessions. Personal services may include, but are not
1149 limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and
1150 fitness studios, music schools, informational and instructional services, tanning salons,
1151 and portrait studios.
1152 (U) Private Clubs
1153 Buildings or premises owned or operated by a corporation, association, or group of
1154 persons for a social, educational, or recreational purpose, but not primarily for profit or to
1155 render a service which is customarily carried on as a business.

DRAFT 5-26-09
1156 (V) Restaurant

1157 An establishment whose principal business is the selling of food and beverages to the
1158 customer in a ready to consume state, in individual servings.
1159 (W) Restaurant, Fast-Food
1160 A restaurant where most customers order and are served food at a counter or in a vehicle
1161 (through a drive-through establishment) in packages prepared to leave the premises, or
1162 able to be taken to a table or counter to be consumed.
1163 (X) Restaurant, Limited Service
1164 A small-scale restaurant that serves a limited menu that may include cafes, coffee shops,
1165 and small specialty restaurants.
1166 (Y) Retail Sales and Service
1167 Establishments primarily engaged in the sale of goods and materials to the general public.
1168 Retail commercial uses may include, but are not limited to, bookstores, antique stores,
1169 convenience stores, bakeries, grocery stores, and other similar uses.
1170 (Z) Theaters
1171 A building or part of a building devoted to showing motion pictures, or for dramatic,
1172 dance, musical, or other live performances.
1173 2.8.6 Mixed Use Category
1174 Development of a lot or structure with two or more different uses such as, but not limited to,
1175 residential, office, retail, public, or institutional.
1176 (A) Mixed Use (With Residential Uses)
1177 A lot or building that contains a mixture of uses that are permitted in the applicable
1178 zoning district but that exclude any uses permitted in the agricultural use category but
1179 does include residential dwelling units.
1180 (B) Mixed Use (Without Residential Uses)
1181 A lot or building that contains a mixture of uses that are permitted in the applicable
1182 zoning district but that exclude any uses permitted in the agricultural, group living, or
1183 household living use categories.
1184 2.8.7 Industrial, Manufacturing, Research, and Wholesale Use
1185 Business uses associates with the manufacturing, processing, servicing, and storage of goods
1186 and materials. This use category may also include uses such as truck distribution and research
1187 facilities that have related impacts but do not necessary involve manufacturing of products.
1188 (A) Automobile or Truck Repair, Including Body Work
1189 A facility that provides service and collision repair services, including body frame
1190 straightening and repair, replacement of damaged parts, and painting.
1191 (B) Bakeries (Factory or Distribution)
1192 A facility for the production of wholesale baked goods but where over-the-counter retail
1193 dispensing of said baked goods is prohibited.
1194 (C) Bulk Storage of Liquids
1195 A use associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and
1196 similar liquids.

DRAFT 5-26-09
1197 (D) Contractor Offices, Warehouses, and Yards

1198 A use where there may be enclosed storage of construction materials for contracting jobs,
1199 construction equipment and related materials and where there may also be office space
1200 associated with the contracting business. Such use shall not include the retail sale of
1201 materials.
1202 (E) Distribution Facilities
1203 A use where goods are received and/or stored for delivery to the ultimate customer or
1204 user at remote locations.
1205 (F) Industrial Uses (Indoors)
1206 A facility for the manufacturing, processing, or assembly of products within a fully
1207 enclosed structure where noise, odor, light, or vibrations is not noticeable from the
1208 adjacent properties.
1209 (G) Industrial Uses with Outdoor/Open Storage of Parts, Products, or Fuels
1210 (1) Uses engaged in the basic processing and manufacturing of materials or products
1211 predominately from extracted or raw materials and also uses engaged in the
1212 operation, parking, and maintenance of vehicles, cleaning of equipment or work
1213 processes involving solvents, recycling establishments, truck terminals, public
1214 works yards, and container storage.
1215 (2) Outdoor/open storage of parts, products, or fuels (exterior storage) means any land
1216 used or occupied for the purpose of the storing of the goods and materials used for
1217 the principal industrial use.
1218 (H) Lumberyards and Construction Material Sales
1219 Lots and related structures used for the sale of construction materials, lumber, and related
1220 materials that may or may not be within an enclosed structure.
1221 (I) Mining, Extraction, and Aggregate Processing
1222 (1) Mining means the extraction of sand, gravel, rock, soil or other material from the
1223 land and either the removing thereof from the site or processing the extracted
1224 materials. The only exclusion from this definition shall be removal of materials
1225 associated with construction of a building (e.g. removal of soil and rock for
1226 footings and basements), provided such removal is an approved item in the
1227 building permit.
1228 (2) Extraction means any artificial or mechanical act by which earth, sand, rock or any
1229 other similar material is dug into, cut, quarried, uncovered, removed, displaced,
1230 relocated or moved and shall include the conditions resulting therefrom, including
1231 but not limited to gravel pits and not including the impacts of such operation.
1232 (J) Mini-Warehouses
1233 A building or group of buildings in a controlled access compound that contains equal or
1234 varying sizes of individual, compartmentalized, and controlled access stalls or lockers for
1235 the storage of residential or commercial customer’s goods or wares. Such facilities do not
1236 include sales, service, or storage of hazardous materials.
1237 (K) Outdoor Storage and Sales of Material, Wholesale
1238 A facility or lot used for the outdoor sales and storage of materials that are to be used for
1239 construction or for manufacturing processes.

DRAFT 5-26-09
1240 (L) Recycling of Aggregate Material

1241 A facility or site used to recycle aggregate materials such as concrete, asphalt, and other
1242 composite materials.
1243 (M) Research and Development, Laboratories
1244 A facility that includes offices and laboratories for operation and/or functioning of a
1245 research and development facility.
1246 (N) Warehouses
1247 Structures used for the storage or distribution of goods where there is no sale of items to
1248 retailers or the general public unless permitted as an accessory use to the warehouse. See
1249 also the definition of “Mini Warehouses.”
1250 (O) Wholesale Commercial Use
1251 The sale of merchandise to retail and service commercial uses, office uses, or institutional
1252 uses, or to other wholesalers, but not to the general public. Wholesale commercial uses
1253 may also mean acting as an agent or broker in the buying or selling of merchandise.
1254 2.8.8 Public Facilities, Telecommunication, Utilities Use Category
1255 (A) Essential Services
1256 Essential services means overhead or underground electrical, gas, steam or water
1257 distribution systems and structures or collection, communication, supply or disposal
1258 systems and structures used by public utilities or governmental departments or
1259 commissions or as are required for the protection of the public health, safety or general
1260 welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
1261 alarm boxes, police callboxes, and accessories in connection therewith, but not including
1262 buildings.
1263 (B) Telecommunication Facilities and Antennas
1264 A facility that transmits and/or receives electromagnetic signals. It includes antennas,
1265 microwave dishes, horns, and other types of equipment for the transmission or receipt of
1266 such signals and telecommunication towers or similar structures supporting the
1267 equipment, equipment buildings, parking areas, other accessory development and related
1268 equipment.
1269 (C) Public Transit Stations, including Bus Stops or Park and Ride Lots
1270 Lots or structures used for mass transit stops, bus stops, and related transit activities,
1271 including structures for bus storage and maintenance. Such use shall also include parking
1272 lots for the purpose of carpooling or parking for the transit stops.
1273 (D) Regional Pipelines, Utility Transmissions, and Relay Towers
1274 Transportation facilities for the conveyance of water, gas, electric, and other commodities
1275 across the city or region without providing service to the ultimate consumer. Such
1276 facilities shall include the pipelines, transmission lines, towers, and related structures for
1277 the transportation of the commodity.
1278 (E) Utility Structures
1279 Aboveground buildings, structures and facilities owned and operated by a public or
1280 private utility company, furnishing utilities, including but not limited to electricity, cable
1281 television, gas, telephone, water, sewer, and public transit to the public, such as pumping
1282 stations, substations, transmitters and receivers, towers, well houses, valves, and
1283 generating and switching stations.

DRAFT 5-26-09
1284 2.8.9 Public, Institutional, or Recreational Use Category

1285 Uses that are related to government provided services, non-profit services, institutional uses,
1286 and the recreational field.
1287 (A) Campgrounds
1288 Temporary or permanent buildings, tents, or other structures established or maintained as
1289 a temporary living quarters, operated continuously for a period of five days or more for
1290 recreation, religious, education or vacation purposes.
1291 (B) Cemeteries
1292 Land used or dedicated to the burial of the dead, including crematoriums, mausoleums,
1293 necessary sales, and maintenance facilities. Mortuaries shall be included when operated
1294 within the boundary of such cemetery.
1295 (C) Cultural Institutions
1296 Public or private facilities used for display, performance, or enjoyment of heritage,
1297 history, or the arts. This use includes, but is not limited to, museums, libraries, art
1298 performance venues, cultural centers, and interpretative sites but does not include
1299 “theaters.”
1300 (D) Day Care Facilities
1301 A facility providing care for children, the elderly, or functionally impaired adults in a
1302 protective setting for a portion of the day.
1303 (E) Golf Courses
1304 A tract of land laid out with at least nine holes for playing a game of golf and improved
1305 with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters
1306 as accessory uses.
1307 (F) Hospitals
1308 An institution which provides inpatient and outpatient medical and/or surgical care to
1309 sick or injured persons.
1310 (G) Indoor Recreational Facilities
1311 Indoor Recreational Facility shall mean public or private recreational facilities located
1312 completely within an enclosed building that includes, but is not limited to, bowling
1313 alleys, roller and ice skating rinks, and driving ranges.
1314 (H) Open Space and Conservation Areas
1315 Parks or open spaces where there is no grading of the land, the construction of facilities,
1316 lighting, or development of ball fields with the exception that passive parks, recreational
1317 facilities, and conservation areas may include the development of trails and sidewalks.
1318 (I) Open Spaces, Urban (Plazas)
1319 Open spaces that are strategically placed to serve a specialized community function. An
1320 urban open space is for active use and may be configured as a formal green, square,
1321 plaza, park, playground, or community garden. A preserved open space allows only
1322 passive recreational uses and may be a project boundary buffer or above-ground
1323 stormwater management area or a natural area worthy of preservation.

DRAFT 5-26-09
1324 (J) Public Accesses to Rivers and Streams

1325 Shall mean land or facilities that provide a point of access to rivers and streams for public
1326 use including, but not limited to, access for boating, swimming, and fishing where
1327 allowed by law.
1328 (K) Public and Semipublic Buildings
1329 Public or civic uses of special significance to residents, employees, or visitors. Public and
1330 semipublic buildings are used for the following purposes: community services, day care,
1331 education, government, places of worship, or social services. Public and semipublic
1332 buildings do not include retail buildings, residential buildings, or buildings with private
1333 offices.
1334 (L) Outdoor Recreational Facilities
1335 An park or recreational facility that requires grading of the land, construction of facilities,
1336 lighting, or is developed for ball fields, tennis courts, swimming pools, skate parks, disc
1337 golf, golf courses and other active sports facilities with the exception of bike and hike
1338 trails.
1339 (M) Religious Institutions
1340 A building, together with its accessory buildings and uses, where persons regularly
1341 assemble for religious worship and which building, together with its accessory buildings
1342 and uses, is maintained and controlled by a religious body organized to sustain public
1343 worship.
1344 (N) Schools (College, Seminary, or University)
1345 Public or other not-for-profit schools conducting regular academic instruction at the
1346 college level, including graduate schools, universities, community and junior colleges,
1347 colleges, non-profit research institutions, seminaries, and religious institutions, and
1348 including related instructional and recreational uses with or without living quarters,
1349 dining rooms, restaurants, heating plants and other incidental facilities for students,
1350 teachers and employees. Such schools must either:
1351 (1) Offer general academic instruction equivalent to the standards prescribed by the
1352 State Board of Education, or
1353 (2) Confer degrees as a college or university, junior college or community college with
1354 undergraduate or graduate standing, or
1355 (3) Conduct research, or
1356 (4) Give religious instruction.
1357 This definition does not include schools, academies or institutions, incorporated or
1358 otherwise, which operate for profit, nor does it include commercial, trade or business
1359 schools.
1360 (O) Schools (Elementary or Secondary)
1361 Buildings or structures used to teach students that may include primary schools,
1362 elementary schools, middle schools, or high schools. Elementary or secondary schools
1363 shall not include colleges, vocational schools, and other similar uses.

DRAFT 5-26-09
1364 (P) Schools (Nursery or Kindergarten)

1365 A school providing general daytime care and/or instruction for children 12 years of age or
1366 younger which conducts no instructional programs certified by the State Board of
1367 Education as meeting the minimum educational requirements for compulsory-age
1368 children (ages 6-18 years).
1369 (Q) Schools (Trade, Business, or Other)
1370 A school operated for profit, which teaches business, professional or technical trades or
1371 skills, or a school not otherwise included within the provisions of this Code.
1372 2.9 Use-Specific Standards

1373 2.9.1 Purpose and Applicability
1374 (A) This section provides site planning, development, and/or operating standards for certain
1375 land uses that are permitted or conditionally permitted in Table 2.7-1.
1376 (B) The land uses and activities covered by this section shall comply with the applicable
1377 standards for the specific use in all districts unless otherwise specified, in addition to all
1378 other applicable provisions of this Code.
1379 2.9.2 Adult Uses
1380 (A) Purpose
1381 (1) The state attorney general prepared a report entitled "Report of the Attorney
1382 General's Working Group on Regulation of Sexually Oriented Businesses," dated
1383 June 6, 1989. The report considered evidence from studies conducted in
1384 Minneapolis and St. Paul and in other cities throughout the country relating to
1385 sexually oriented businesses, also called adult establishments.
1386 (2) The attorney general's report, based upon the studies referenced in paragraph (1)
1387 concluded that:
1388 (a) Adult uses have an impact on the neighborhoods surrounding them which is
1389 distinct from the impact caused by other commercial uses;
1390 (b) Residential neighborhoods located within close proximity to adult theaters,
1391 bookstores and other adult uses experience increased crime rates (sex-related
1392 crimes in particular), lowered property values, increased transience, and
1393 decreased stability of ownership;
1394 (c) The adverse impacts that adult uses have on surrounding areas diminish as
1395 the distance from the adult use increases;
1396 (d) Studies of other cities have shown that among the crimes which tend to
1397 increase either within or in the near vicinity of adult uses are rapes,
1398 prostitution, child molestation, indecent exposure and other lewd and
1399 lascivious behavior;
1400 (e) Many members of the public perceive areas within which adult uses are
1401 located as less safe than other areas which do not have such uses;
1402 (f) The adverse impacts of adult uses are exacerbated when the uses are located
1403 near each other; and
1404 (g) The presence of liquor establishments in the immediate vicinity of adult uses
1405 also compounds the adverse impacts on the neighborhood.

DRAFT 5-26-09
1406 (3) The city council finds that the characteristics of the city are similar to those of the
1407 cities cited by the report when considering the effects of adult uses.
1408 (4) The city council finds, based upon the report and the studies cited therein, that
1409 adult uses will have secondary effects upon certain pre-existing land uses within
1410 the city.
1411 (5) The city council finds that adult uses could reasonably be allowed in an industrial
1412 district if separated from certain sensitive land uses, if those same sensitive land
1413 uses are not allowed in an industrial district, and if potential adult uses are
1414 separated from one another. The city council also finds that there are a reasonable
1415 number of distinct locations within the city's industrial districts where adult uses
1416 might locate and meet reasonable spacing standards from sensitive land uses and
1417 from one another.
1418 (B) Location of Adult Uses
1419 Table 2.9-1 illustrates the minimum setbacks for adult uses from certain specified uses
1420 and districts. Measurements shall be made in a direct line from the nearest point on the
1421 property line of each premise where such use is located.
1422
1423
1424
1425
Table 2.9-1: Adult Use Setback Requirements
Setback Distance From
400 Feet Nearest lot line of any residential zoning district, existing
residential use, or PD-O district.
400 Feet 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.
500 Feet Nearest lot line of any other adult use.
1426
1427 2.9.3 Auto Service Stations
1428 The layout of a service station site and its site features shall comply with the following
1429 standards.
1430 (A) Site Access and Driveways
1431 (1) Curb cuts for service station driveways shall be separated by a minimum of 30 feet
1432 from edge-to-edge.
1433 (2) A driveway shall not be located closer than 50 feet to the end of a curb corner nor
1434 closer than 25 feet to an interior lot line. See Section 3.8.12, Driveways and Site
1435 Access.
1436 (3) The width of a driveway shall not exceed 26 feet, measured at the sidewalk.
1437 (B) Setback Requirements
1438 (1) Pump islands shall be located a minimum of 15 feet from any lot line to the nearest
1439 edge of the pump island.

DRAFT 5-26-09
1440 (2) A canopy or roof structure over a pump island shall be set back a minimum of ten
1441 feet from any lot line.
1442 (C) Pavement
1443 A service station site shall be paved with a permanent surface of concrete or asphalt
1444 material. Any unpaved portion of the site shall be landscaped and separated from the
1445 paved area by curbs or other barrier.
1446 (D) Solid Waste and Recyclables Storage
1447 (1) The storage and disposal of solid waste and recyclable materials, including used or
1448 discarded motor vehicle parts or equipment, and fluids, shall comply with all
1449 applicable federal, state, and local requirements.
1450 (2) Outdoor solid waste and recyclable storage areas shall be screened in accordance
1451 with Section 3.6, Landscape, Screening, and Buffering Standards.
1452 2.9.4 Bed and Breakfast Establishments
1453 Bed and breakfast establishments are subject to the following standards:
1454 (A) The owner shall reside on the property.
1455 (B) The establishment shall comply with the city rental ordinance in Article III of Chapter 14
1456 and liquor license regulations in Chapter 6, both chapters from the municipal code.
1457 (C) The establishment shall conform with state health and building code requirements and
1458 shall show proof of inspection or proof of proper operating licenses by the state and/or
1459 county.
1460 (D) Only overnight guests shall be served unless otherwise authorized as part of the
1461 conditional use permit approval.
1462 (E) The facility shall be limited to no more than four guestrooms with a maximum guest
1463 capacity as determined by fire and building regulations.
1464 (F) A minimum of one off-street parking space for each guestroom and two off-street parking
1465 spaces for the resident owner-manager shall be required. All parking areas for four or
1466 more vehicles shall meet the standards of Section 3.8, Off-Street Parking, Loading, and
1467 Mobility, and shall be set back a minimum of ten feet from all property lines, and shall be
1468 screened from adjacent residential uses and public streets.
1469 (G) On-premises advertising for any bed and breakfast establishment shall comply with the
1470 city’s sign regulations in Section 3.7, Signage. The content of any such sign shall be
1471 limited to identifying not more than the name and address of the facility. No sign shall be
1472 internally illuminated.
1473 (H) No external vending machines shall be allowed.
1474 2.9.5 Bulk Storage of Liquids
1475 The bulk storage of liquids shall be subject to all applicable local, state, and federal laws.
1476 2.9.6 Day Care Facilities
1477 (A) Day care facilities shall be subject to all standards of this Code and requirements imposed
1478 by the State of Minnesota.
1479 (B) Picking up and dropping off of children shall not create unsafe conditions. Loading and
1480 unloading of children from vehicles shall only be allowed in the driveway or in an
1481 approved parking area.

DRAFT 5-26-09
1482 2.9.7 Drive-Through Establishments

1483 The following standards shall apply to businesses that contain a drive-through establishment,
1484 regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or
1485 if it is a stand-alone use (e.g., automatic teller machine)..
1486 (A) General Standards
1487 (1) Audible electronic devices such as loudspeakers, automobile service order devices,
1488 and similar instruments shall not be located within 300 feet of any residential
1489 dwelling unit, and shall not be audible at levels greater than those established in
1490 Section 3.3.4(I), Noise.
1491 (2) No service shall be rendered, deliveries made, or sales conducted within the
1492 required front yard; customers served in vehicles shall be parked to the sides and/or
1493 rear of the principal structure.
1494 (3) All drive-through areas, including but not limited to menu boards, stacking lanes,
1495 trash receptacles, loudspeakers, drive up windows, and other objects associated
1496 with the drive-through area shall be located in the side or rear yard of a property to
1497 the maximum extent feasible, and shall not cross, interfere with, or impede any
1498 public right-of-way.
1499 (4) A fence or screen between four and six feet in height shall be constructed along any
1500 property line abutting a residential district.
1501 (B) Stacking Space and Lane Requirements
1502 (1) The number of required stacking spaces shall be as provided for in Table 2.9-2. See
1503 Figure 2-1 for illustration of stacking spaces:
1504
Table 2.9-2: Stacking Space Requirements
Minimum
Measured
Activity Stacking Spaces
From:
(per lane)
Bank, Financial Institution or Automated
3 Teller or Window
Teller Machine (ATM)
Restaurant 6 Pick-Up Window
Full Service Car/Truck Wash 6 Outside of Washing Bay
Self-Service or Automated Car/Truck Wash 2 Outside of Washing Bay
Fuel or Gasoline Pump Island 2 Pump Island
Other As determined by the City Planner
1505

DRAFT 5-26-09
1506
1507 Figure 2-1: Location of stacking spaces and lanes. Note that the stacking lanes
1508 are oriented toward the side and rear yards rather than the front yard.
1509
1510 (2) Stacking lanes shall be provided for any use having a drive-through establishment
1511 and shall comply with the following standards:
1512 (a) Drive-through stacking lanes shall have a minimum width of ten feet.
1513 (b) When stacking lanes are separated from other stacking lanes, bypass lanes or
1514 from other site areas, the separation shall be by means of a raised concrete
1515 median, concrete curb, or landscaping.
1516 (c) Stacking lanes shall be set back 25 feet from right-of-ways.
1517 (C) Menu Board Signs
1518 (1) One menu board sign for each stacking lane shall be allowed provided it does not
1519 exceed 35 square feet in sign area. Any additional attachments such as pictures or
1520 photographs of food and other items shall be included within the maximum signage
1521 area.
1522 (2) Menu board signage shall not be included in the total calculated allowed signage
1523 for a property under Section 3.7, Signage.
1524 (3) No menu board sign shall exceed seven feet in height measured from the grade of
1525 the adjacent driving surface to the top of the sign.
1526 (4) All menu board signs shall be internally illuminated.
1527 (5) Menu boards shall be reviewed and approved as part of the zoning certificate for
1528 the drive-through establishment or, when a menu board is to be added, as part of a
1529 separate zoning certificate application.
1530 (6) Landscaping shall screen the base of all menu board signs, as regulated by Section
1531 3.6, Landscape, Screening, and Buffering Standards.

DRAFT 5-26-09
1532 2.9.8 Firearms Dealers

1533 (A) Firearms dealers shall be located at least 500 feet from residential dwellings, religious
1534 institutions, schools (Grades K through 12), child care centers, residences, family or
1535 group family day cares, libraries, or parks.
1536 (B) No firearms or ammunition shall be displayed in window areas or any area where they
1537 can be viewed from any public right-of-way.
1538 (C) Firing ranges shall be prohibited.
1539 (D) The use shall meet all applicable standards mandated by Minnesota statutes.
1540 (E) A firearms dealer in conformance with these regulations as of the effective date of this
1541 Code shall be permitted to continue as a nonconforming use in accordance with the
1542 provisions for non-conforming uses and structures.
1543 2.9.9 Manufactured Home Parks
1544 (A) Public Health Standards
1545 Public health standards for manufactured home parks shall be as follows:
1546 (1) The condition of soil, groundwater level, drainage, and topography shall not create
1547 hazards to the property or to the health and safety of the occupants. The site should
1548 not be exposed to objectionable smoke, noise, odors, or other adverse influences,
1549 and no portion shall be subject to unpredictable and/or sudden flooding.
1550 (2) All manufactured homes shall be properly connected to a central water supply and
1551 a central sanitary sewer system. All water and sewer systems shall be constructed
1552 in accordance with plans and specifications approved by the city and the state
1553 department of health.
1554 (3) The storage, collection, and disposal of refuse in the manufactured home park shall
1555 be so conducted as to create no health hazards, rodent harborage, insect breeding,
1556 accident or fire hazards, or air pollution.
1557 (B) Streets in the R4-B District
1558 (1) All manufactured home parks shall be provided with safe and convenient vehicular
1559 access from abutting public streets or roads. Each manufactured home lot shall be
1560 provided access by a system of private streets, driveways, or other means of access
1561 within the park.
1562 (2) Entrances to manufactured home parks shall be designed to minimize congestion
1563 and hazards and allow free movement of traffic on adjacent streets. No vehicle
1564 parking shall be permitted on the park entrance street for a distance of 100 feet
1565 from its point of intersect with a public street.
1566 (3) Private surfaced roadways within the park shall be of adequate width to
1567 accommodate anticipated traffic, and in any case shall meet the following
1568 minimum requirements:
1569 (a) All streets shall meet the street width requirements for a local street
1570 (residential) as defined in Section 3.11.3, Streets, unless they are minor
1571 streets that are no more than 500 feet long and serves less than 25
1572 manufactured homes. In such cases, the minor street shall have a minimum
1573 width of 20 feet.
1574 (b) Dead-end streets shall be limited in length to 500 feet and shall be provided
1575 at the closed end with a turnaround having an outside roadway diameter of at

DRAFT 5-26-09
1576 least 90 feet. All dead-end streets shall be marked with approved signs at the
1577 entrance to the dead-end street.
1578 (4) All streets shall be provided with a paved concrete or bituminous surface.
1579 Pavement edges shall be protected to prevent raveling of the wearing surface and
1580 shifting of the pavement base. Street surfaces shall be maintained in a satisfactory
1581 condition.
1582 (a) Longitudinal grades of all streets shall range between 0.40 percent and 8.00
1583 percent. Transverse grades of all streets shall be sufficient to ensure adequate
1584 transverse drainage.
1585 (b) Streets within 50 feet of an intersection shall be at right angles.
1586 (c) A distance of at least 85 feet shall be maintained between the centerlines of
1587 offset intersecting streets within the park. Intersections of more than two
1588 streets at one point shall be avoided.
1589 (C) Sidewalks
1590 (1) Each manufactured home stand shall have a sidewalk or other walkway connecting
1591 the stand to the public street and any sidewalk or public walk system.
1592 (2) A common sidewalk system shall be provided and maintained between locations
1593 where pedestrian traffic is concentrated. Such sidewalks shall have a minimum
1594 width of five feet.
1595 (D) Other Design Standards
1596 (1) Lighting in a R4-B district shall be subject to the standards of Section 3.3.3,
1597 Outdoor Lighting Standards.
1598 (2) Each manufactured home stand shall have off-street parking space for at least two
1599 automobiles. Spaces shall meet the minimum design standards of Section 3.8, Off-
1600 Street Parking, Loading, and Mobility.
1601 (3) A properly landscaped area shall be adequately maintained around each
1602 manufactured home park. Exposed ground surfaces in all parts of every
1603 manufactured home park shall be paved or covered with stone screenings or other
1604 solid material or protected with a vegetative growth that is capable of preventing
1605 soil erosion and of eliminating objectionable dust.
1606 (4) All manufactured home parks shall be subject to the landscaping and screening
1607 requirements of Section 3.6, Landscape, Screening, and Buffering Standards.
1608 (E) Manufactured Home Stands
1609 (1) The general design standards for manufactured home stands are as follows:
1610 (a) Each park may have up to 200 manufactured home stands.
1611 (b) The manufactured home stand shall provide for the practical placement of
1612 the manufactured home and removal of the manufactured home from the
1613 manufactured home space.
1614 (c) Access to the manufactured home stand shall be kept free of trees or other
1615 immovable obstructions.
1616 (d) The manufactured home stand shall be constructed of appropriate material
1617 (such as concrete), be properly graded, placed and compacted in order to
1618 provide durable and adequate support of the maximum loads during all

DRAFT 5-26-09
1619 seasons of the year. The manufactured home stand shall react as a fixed
1620 support and remain intact under the weight of the manufactured home due to
1621 frost action, inadequate drainage, vibration, wind, or other forces acting on
1622 the structure. Adequate surface drainage shall be obtained by proper grading
1623 of the manufactured home stand and the manufactured home space.
1624 (e) Manufactured home stands shall not occupy an area in excess of one-third of
1625 the respective manufactured home space.
1626 (f) Ground anchors shall be installed by the lot owner or developer at each
1627 manufactured home stand, prior to or when the manufactured home is
1628 located thereon to permit tiedowns of the manufactured home. Ground
1629 anchors shall meet manufacturer’s recommendations and applicable
1630 administrative rules of the State of Minnesota.
1631 (g) Every owner or occupant of a manufactured home shall secure the same
1632 against wind damage, and every owner, operator or person in charge and
1633 control of a manufactured home park shall inspect and enforce this
1634 requirement.
1635 (h) The frame, wheels, crawl space, storage areas, and utility connections of all
1636 manufactured homes shall be concealed from view by skirting made of
1637 durable all-weather construction material that is consistent with the exterior
1638 of the manufactured home. Installation of the skirting must be completed
1639 within 60 days of the placement of the manufactured home on the stand. No
1640 obstruction shall be permitted that impedes the inspection of plumbing and
1641 electrical facilities.
1642 (2) The dimensional requirements for manufactured homes and manufactured home
1643 stands shall be as follows:
1644 (a) There shall be a minimum lot width of 35 feet.
1645 (b) Manufactured homes shall be set back a minimum of 20 feet from the edge
1646 of the street pavement for internal streets and 40 feet from any right-of-way
1647 of a public street.
1648 (c) There shall be a minimum setback of 20 feet from all other manufactured
1649 homes or principal buildings in the park.
1650 (d) The setback between manufactured homes and accessory buildings shall be
1651 five feet.
1652 (F) Structures
1653 Every structure in the manufactured home park shall be developed and maintained in a
1654 safe, approved, and substantial manner. A building permit shall be required for all
1655 structures and shall conform to the state building code. The exterior of every such
1656 structure shall be kept in good repair. Portable fire extinguishers rated for electrical and
1657 liquid fires shall be kept in all service buildings and other locations conveniently and
1658 readily accessible for use by all occupants. All structures shall also require a smoke
1659 detector.
1660 (G) Community Buildings
1661 (1) Each manufactured home park shall have one or more central community buildings
1662 with central heating that must be maintained in a safe, clean, and sanitary

DRAFT 5-26-09
1663 condition. The building shall be constructed in such a manner as to provide safe
1664 conditions during storms.
1665 (2) All manufactured home parks shall have an area set aside for long-term storage for
1666 such items as boats, boat trailers, hauling trailers, and other equipment not
1667 generally stored within each manufactured home and/or utility building on the
1668 manufactured home lot. This storage area shall be screened with a fence or
1669 enclosure so as to not be visible.
1670 (H) Park Management
1671 Management of the manufactured home park shall be in accordance with the following:
1672 (1) The operator of a manufactured home park shall operate the park in compliance
1673 with this section and shall provide adequate supervision to maintain the park, its
1674 facilities and equipment in good repair and in a clean and sanitary condition.
1675 (2) The operator shall notify park occupants of all applicable subsections of this
1676 section and inform them of their duties and responsibilities under this Section.
1677 (3) The operator of every manufactured home park shall maintain a registry in the
1678 office of the manufactured home park indicating the name and address of each
1679 permanent resident. Each manufactured home site shall be identified by number,
1680 letter or both.
1681 (4) No public address or loudspeaker system shall be permitted.
1682 2.9.10 Mining, Extraction, and Aggregate Processing
1683 (A) Purpose
1684 The purpose of this section is to control mining, extraction, and aggregate processing so
1685 as to minimize conflicts with adjacent land uses and to ensure that the mining area is
1686 restored at the completion of the mining operation.
1687 (B) Scope
1688 The following operations shall be covered by this section:
1689 (1) The removal, crushing, washing, refining, borrowing or processing of material.
1690 (2) In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut
1691 flagstone, hearthstones, paving stone and similar architectural or structural stone,
1692 and the storing or stockpiling of such products on the site.
1693 (3) The manufacture of concrete building blocks or other similar blocks, if conducted
1694 on the site, the production or manufacture of lime products, the production of
1695 ready-mixed concrete and any similar production or manufacturing processes that
1696 might be related to the mining operations.
1697 (C) Performance Standards
1698 For such operations approved after the effective date of this Code, the following are
1699 required:
1700 (1) The cutting of vegetation and construction, maintenance and operation of
1701 equipment shall be in accordance with the following:
1702 (a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed
1703 as may be necessary to preserve a reasonably neat appearance and to
1704 minimize seeding on adjacent property.

DRAFT 5-26-09
1705 (b) All equipment used for mining and extraction operations shall be
1706 constructed, maintained and operated in such a manner as to minimize, as far
1707 as is practicable, noises, dust and vibrations adversely affecting the
1708 surrounding property.
1709 (2) The mining and extraction operation shall be conducted in such a manner as to
1710 minimize interference with the surface water drainage outside of the boundaries of
1711 the mining operation.
1712 (3) Safety fencing may be required around all or portions of the mining operation.
1713 (4) The intersection of mining access roads with any public roads shall be selected
1714 such that traffic on the access roads will have a sufficient distance of public roads
1715 in view so that any turns onto the public road can be completed with a margin of
1716 safety as determined by the city engineer.
1717 (5) To minimize problems of dust and noise and to shield mining operations from
1718 public view, a screening barrier may be required between the mining site and
1719 adjacent properties. A screening barrier may also be required between the mining
1720 site and any public road located within 500 feet of any mining or processing
1721 operations.
1722 (6) Mining operations shall not be conducted closer than 30 feet to the right-of-way
1723 line of any existing or platted street, road or highway, except that excavating may
1724 be conducted within such limits in order to reduce the elevation thereof in
1725 conformity to the existing or platted street, road or highway.
1726 (7) All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00
1727 p.m.
1728 (8) All access roads from mining operations to public highways, roads or streets or to
1729 adjoining property shall be paved or surfaced to minimize dust considerations.
1730 (9) Mining operations within the WS-O district shall be conducted in accordance with
1731 the following:
1732 (a) Commercial manufacturing of sand and gravel byproducts shall be a
1733 prohibited use.
1734 (b) Mining operations shall not take place within 300 feet of the Cannon River.
1735 This distance does not apply to water pumps needed for mining operations.
1736 However, appropriation of water from the river shall require a permit from
1737 the Minnesota Department of Natural Resources
1738 (c) No sand and gravel operation shall be conducted on parcels of land or a
1739 combination of parcels less than 20 acres.
1740 (10) Stormwater and process water runoff from the site shall be treated so as not to
1741 degrade received waters.
1742 (D) Land Rehabilitation
1743 All mining sites shall be rehabilitated immediately after mining operations cease.
1744 Rehabilitation shall be complete within one year. The following standards shall apply:
1745 (1) Within three months after the final termination of a mining operation or within
1746 three months after abandonment of such operation for a period of six months or
1747 within three months after expiration of a mining permit, all buildings and structures
1748 incidental to such operation shall be dismantled and removed by, and at the
1749 expense of, the mining operator last operating such buildings and structures. A

DRAFT 5-26-09
1750 temporary extension may be granted by the planning commission for one year,
1751 after which the buildings, structures, and machinery shall be removed.
1752 (2) The peaks and depressions of the area shall be graded and backfilled to a surface
1753 which will result in a gently rolling topography, not exceeding 18 percent in grade,
1754 in substantial conformity to the land area immediately surrounding.
1755 (3) Reclamation shall begin after the mining of 25 percent of the total area (planned for
1756 mining) or the first four acres of area is mined, whichever is less. Once these areas
1757 have been depleted of the mine deposit, they shall be sloped and seeded as per the
1758 mining plan approved through the conditional use permit process.
1759 (4) Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil
1760 of land areas immediately surrounding, and to a depth of at least six inches. The
1761 topsoil shall be seeded, or planted with legumes and grasses. Trees and shrubs may
1762 also be planted, but not as a substitute for legumes and grasses.
1763 2.9.11 Mixed-Use Projects
1764 This section provides standards for the design of mixed use projects, where allowed in Table
1765 2.7-1: Permitted Principal Uses. A mixed-use project combines uses in either a vertical
1766 orientation with residential or office uses typically located above commercial uses or
1767 horizontally where multiple uses are located on the same site but in separate buildings or not in
1768 a vertical orientation. Residential units may be allowed at ground level behind street-fronting
1769 nonresidential uses in the horizontal mixed-use orientation only under the limited
1770 circumstances specified by this section. See Figure 3-16 for illustrative examples of both
1771 vertical and horizontal mixed-use orientations.
1772
1773
1774 Figure 2-2: The image on the left shows a vertical mixed-use development. The image on the right
1775 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.
1776
1777 (A) Design Considerations
1778 A mixed-use project shall be designed to achieve the following objectives:
1779 (1) The design shall provide for internal compatibility between the residential and
1780 nonresidential uses on the site.

DRAFT 5-26-09
1781 (2) Potential glare, noise, odors, traffic, and other potential nuisance conditions for
1782 residents shall be minimized to allow a compatible mix of residential and
1783 nonresidential uses on the same site.
1784 (3) The design shall ensure that the residential units have privacy from other uses on
1785 the same or adjacent site.
1786 (4) Site planning and building design shall provide for convenient pedestrian access
1787 from the public street into the nonresidential portions of the project, through such
1788 means as courtyards, plazas, walkways, and street furniture.
1789 (5) Site planning and building design shall be compatible with and enhance the
1790 adjacent and surrounding residential neighborhood in terms of building design,
1791 color, exterior materials, landscaping, lighting, roof styles, scale, and signage.
1792 (B) Site Layout and Project Design Standards
1793 Each proposed mixed-use project shall comply with the property development standards
1794 of the applicable zone, and the following requirements:
1795 (1) The use of shared and on-street parking provisions shall be incorporated into
1796 mixed-use projects in compliance with Section 3.8.8 (C), Shared Parking.
1797 (2) Commercial loading areas shall be located away from residential units and shall be
1798 screened from view.
1799 (3) Areas for the collection and storage of refuse and recyclable materials shall be
1800 located on the site in locations that are convenient for both the residential and
1801 nonresidential uses.
1802 (4) A mixed-use project shall be designed to provide residential with public or private
1803 outdoor space, which may be in the form of roof gardens or individual balconies, or
1804 other means acceptable to the city planner.
1805 (C) Hours of Operation
1806 A mixed use project proposing a commercial component that will operate outside of the
1807 hours from 8:00 a.m. to 6:00 p.m. shall require conditional use permit approval to ensure
1808 that the commercial uses will not negatively impact the residential uses within the
1809 project, or any adjacent residential uses.
1810 2.9.12 Multi-Family Dwellings
1811 (A) Accessory structures shall be designed and constructed with an architectural style,
1812 exterior colors, and materials similar to the structures in the project containing dwelling
1813 units.
1814 (B) Each facade adjacent to a street shall have at least one pedestrian entry into the structure.
1815 (C) No more than 40 percent of the front setback area shall be paved for walkways,
1816 driveways, and/or other hardcover pavement.
1817 (D) Off-street parking for any type of multi-family dwelling with three or more units shall be
1818 located so that it is not visible from the street fronting the parcel.
1819 (E) Multi-Family Dwellings (Apartment Houses) in the N1-B District
1820 (1) Multi-family dwellings (apartment houses) that are permitted in the N1-B district
1821 shall only be permitted when they are located on street type with a functional
1822 classification of a collector or arterial (See Section 3.11.3, Streets).
1823 (2) Multi-family dwellings (apartment houses) may have common interior entries or
1824 separate exterior entries to each individual unit.

DRAFT 5-26-09
1825 (3) Each apartment house shall be to give the appearance of a large single-family
1826 detached home through the use of porches, pillars, bay windows, roof line changes,
1827 parapets, multiple windows, and similar architectural treatments. See Figure 2-3.
1828
1829
1830
1831 Figure 2-3: These images demonstrate how an attached residential structure of four to eight units can be
1832 constructed to appear as a large detached residential structure.
1833
1834 (F) Open Space
1835 Common open space shall be provided in an amount as specified in Table 2.9-3. Open
1836 yard areas may count toward this requirement.
Table 2.9-3: Open Space Requirements

Number of Dwelling Units Minimum Common Open Space
Required per Unit
3 or 4 Units 300 square feet
5 to 10 Units 200 square feet
11 or More Units 100 square feet
1837
1838 2.9.13 Outdoor Recreational Facilities
1839 Outdoor recreational facilities may only be considered for a conditional use permit in the R1-B,
1840 R2-B, R3-B, N1-B, and AH-S districts when it is accessory to a school.
1841 2.9.14 Retail Sales and Service
1842 Retail sales and service may be permitted in the I1-B and ED-F districts provided that the total
1843 square footage of retail sales is limited to a maximum of 20 percent of the total floor area and is
1844 related to items manufactured on site.
1845 2.9.15 Telecommunication Facilities and Antennas
1846 (A) Purpose
1847 In order to accommodate the communication needs of residents and businesses while
1848 protecting the public health, safety, and general welfare of the community, the city
1849 council finds that this section is necessary in order to:
1850 (1) Facilitate the provision of telecommunication services to the residents and
1851 businesses of the city;
1852 (2) Minimize adverse visual effects of towers through careful design and siting
1853 standards;

DRAFT 5-26-09
1854 (3) Avoid potential damage to adjacent properties from tower failure through structural
1855 standards and setback requirements; and
1856 (4) Maximize the use of existing and approved towers and buildings to accommodate
1857 new wireless telecommunication antennas.
1858 (B) Exemptions
1859 The following telecommunication facilities and antennas shall be exempt from these
1860 zoning requirements:
1861 (1) A single ground- or building-mounted antenna for the sole use of the resident
1862 occupying a residential parcel with a height not exceeding 40 feet;
1863 (2) A ground- or building-mounted citizens band radio antenna, including any mast, if
1864 the height (post and antenna) does not exceed 35 feet;
1865 (3) A ground- or building-mounted satellite dish antenna subject to the provisions for
1866 accessory satellite dishes in Section 2.10, Accessory Uses and Structures.
1867 (4) City-government-owned and -operated towers supporting receive and/or transmit
1868 antennas, including supporting structures, for all public safety and service
1869 purposes, which existed on July 17, 2000.
1870 (C) Towers in the R1-B, R2-B, R3-B, R4-B, AH-S, or CD-S Districts
1871 The construction of commercial towers and antennas in a R1-B, R2-B, R3-B, R4-B, AH-
1872 S, or CD-S district are prohibited, except as follows:
1873 (1) Towers supporting commercial antennas and conforming to all applicable sections
1874 of this article shall be allowed as a conditional use, and only in the following
1875 locations:
1876 (a) Church sites, when camouflaged as steeples or bell towers. Antennas and all
1877 other associated structures shall also be camouflaged;
1878 (b) Park sites, when compatible with the nature of the park, provided that the
1879 requirements of Section 2.9.15 (F) (2) are met; and
1880 (c) Government, school, utility and institutional sites.
1881 (2) No tower supporting commercial antennas, the construction of which is permitted
1882 as a conditional use by this section, shall exceed 120 feet in height.
1883 (3) Towers supporting commercial antennas shall be set back from all property lines
1884 abutting property zoned or used for residential purposes or adjacent to the Cannon
1885 River no less than 50 percent of the tower height. Towers shall be set back from all
1886 property lines abutting nonresidential property no less than 25 percent of the total
1887 tower height.
1888 (4) Equipment buildings, shelters or cabinets shall comply with the accessory building
1889 setbacks for the residential zoning district in which it is located.
1890 (D) Towers in All Other Districts
1891 (1) Towers supporting commercial antennas are prohibited in the C1-B district.
1892 (2) Towers supporting commercial antennas and conforming to all applicable sections
1893 of this article shall be allowed in the C2-B district as a conditional use.
1894 (3) The maximum height of any tower, the construction of which is permitted by this
1895 section, including all antennas and other attachments, shall not exceed 150 feet in
1896 height or 180 feet in height in the I1-B district.

DRAFT 5-26-09
1897 (4) Towers shall be set back from all property lines no less than 25 percent of the tower
1898 height, with a minimum setback of 20 feet. Towers shall be set back from all
1899 property lines abutting property zoned or used for residential purposes or adjacent
1900 to the Cannon River no less than 50 percent of the total tower height.
1901 (5) Equipment buildings, shelters or cabinets shall comply with the principal building
1902 setbacks for the commercial zoning district in which it is located.
1903 (E) Location Requirements
1904 All commercial, wireless telecommunication facilities erected, constructed, or located
1905 within the city shall comply with the following requirements:
1906 (1) Priority of Location
1907 The following establishes the order of priority for locating new commercial,
1908 wireless telecommunication facilities. A proposal for such facilities shall not be
1909 approved on any of the following locations unless the applicant shows and the city
1910 find that the applicant is unable to locate the facilities on any location which has a
1911 higher priority:
1912 (a) Place antennas and towers on sites where other public facilities are located
1913 or planned.
1914 (b) Place antennas and towers on private institutional property and structures.
1915 (c) Place antennas on other appropriate existing structures such as buildings,
1916 communications towers, water towers and smoke stacks.
1917 (d) Place antennas on new towers on other private property.
1918 (2) Collocation
1919 Towers shall be collocated as follows:
1920 (a) A proposal for a new commercial wireless telecommunication tower shall
1921 not be approved unless the city finds that the telecommunication equipment
1922 planned for the proposed tower cannot be accommodated on an existing or
1923 approved tower or building within a one-mile search radius from the point of
1924 the proposed tower for towers in excess of 100 feet in height, within a one-
1925 half-mile search radius for towers of 80 to 100 feet in height, and within a
1926 one-quarter-mile search radius for towers 80 feet and lower in height, due to
1927 one or more of the following reasons:
1928 (i) The planned equipment would exceed the structural capacity of the existing or
1929 approved tower or building, as documented by a qualified and licensed
1930 professional engineer, and the existing or approved tower cannot be reinforced,
1931 modified, or replaced to accommodate planned or equivalent equipment at a
1932 reasonable cost.
1933 (ii) The planned equipment would cause interference materially impacting the
1934 feasibility of other existing or planned equipment at the tower or building, as
1935 documented by a qualified and licensed professional engineer approved by the
1936 city, and the interference cannot be prevented at a reasonable cost.
1937 (iii) Existing or approved towers and buildings within the search radius cannot
1938 accommodate the planned equipment at a height necessary to function reasonably
1939 as documented by a qualified and licensed professional engineer approved by the
1940 city.

DRAFT 5-26-09
1941 (iv) Other unforeseen reasons exist that make it infeasible to locate the planned
1942 telecommunication equipment upon an existing or approved tower or building.
1943 (b) It shall be the responsibility of the applicant to provide, at no cost to the city,
1944 an inventory of available structures in the subject area to the city.
1945 (c) Any proposed commercial wireless telecommunication service tower shall
1946 be designed structurally, electrically, and in all respects to accommodate
1947 both the applicant's antennas and comparable antennas for at least two
1948 additional uses if the tower is over 100 feet in height or at least for one
1949 additional use if the tower is 60 to 100 feet in height. Towers must be
1950 designed to allow for future rearrangement of antennas upon the tower and
1951 to accept antennas mounted at varying heights.
1952 (d) The applicant is encouraged to allow the city access to the tower for city-
1953 government-owned and -operated receive and/or transmit antennas for all
1954 public safety and service purposes to enhance communications for such
1955 purposes, provided that any attached communication equipment does not
1956 interfere with the applicant's equipment.
1957 (e) As a condition of approval, the applicant shall make available unutilized
1958 space for collocation of other telecommunication facilities, including space
1959 for those entities providing similar competing services. A good-faith effort in
1960 achieving collocation shall be required of the host entity.
1961 (f) Requests for utilization of facility space shall be made to the community
1962 development department. Collocation will not be required when the addition
1963 of the new service or facilities would cause quality of service impairment to
1964 the existing facility or if it becomes necessary for the host to go off line for a
1965 significant period of time.
1966 (g) The host is entitled to reasonable compensation from any collocator for the
1967 use of its facility. Such compensation would include reimbursement for the
1968 cost of constructing the facility as it relates to any collocator as well as a
1969 proportionate share of any rents paid by the host.
1970 (h) The failure of any applicant to make a good-faith effort to allow for
1971 collocation shall constitute a breach of its agreement with the city. If such a
1972 breach occurs, the city shall provide at least 60 days prior written notice to
1973 allow a cure of such breach. If the breach is not cured within the period, the
1974 city shall be authorized to disassemble the subject tower at the applicant's
1975 cost.
1976 (F) General Location Standards for Telecommunication Facilities
1977 All telecommunication facilities, except exempt facilities as identified in Section 2.9.15
1978 (B), Exemptions, shall be located so as to minimize their visibility and the number of
1979 distinct facilities present. To this end all of the following measures shall be implemented
1980 for all telecommunication facilities, except exempt facilities as identified in Section
1981 2.9.15 (B), Exemptions:
1982 (1) No telecommunication facility shall be installed at a location where special
1983 painting or lighting will be required by Federal Aviation Administration
1984 regulations unless technical evidence acceptable to the city is submitted showing
1985 that this is the only technically feasible location for the facility;

DRAFT 5-26-09
1986 (2) No commercial telecommunication facility shall be installed on an exposed

1987 ridgeline, a public trail, public park or other outdoor recreation area, or on property
1988 designated as floodplain or park or open space, unless it blends with the
1989 surrounding existing natural and manmade environment in such a manner as to be
1990 effectively unnoticeable and a finding is made that no other location is technically
1991 feasible;
1992 (3) No commercial telecommunication facility that is readily visible from off-site shall
1993 be installed closer than one-half mile from another readily visible un-camouflaged
1994 or unscreened telecommunication facility unless it is a collocated facility, situated
1995 on a multiple-user site, or blends with the surrounding existing natural and
1996 manmade environment in such a manner as to be effectively unnoticeable, or
1997 technical evidence acceptable to the city is submitted showing a clear need for the
1998 facility and the infeasibility of collocating it on one of the existing sites; and
1999 (4) No commercial telecommunication facility that is readily visible from off-site shall
2000 be installed on a site that is not already developed with telecommunication facilities
2001 or other public or quasi-public uses unless it blends with the surrounding existing
2002 natural and manmade environment in such a manner so as to be effectively
2003 unnoticeable or technical evidence acceptable to the city is submitted showing a
2004 clear need for the facility and the unfeasibility of collocating it on one of the
2005 existing sites.
2006 (G) Roads and Parking
2008 (B), Exemptions, shall be served by the minimum roads and parking areas necessary. To
2009 this end all of the following measures shall be implemented for all telecommunication
2010 facilities, except exempt facilities as identified in Section 2.9.15 (B), Exemptions:
2011 (1) Existing roads shall be used for access, whenever possible, and shall be upgraded
2012 the minimum amount necessary to meet standards specified by the fire chief and
2013 city engineer. Any new roads or parking areas built shall, whenever feasible, be
2014 shared with subsequent telecommunication facilities and/or other permitted uses. In
2015 addition, they shall meet the width and structural requirements of the fire chief and
2016 the city engineer.
2017 (2) Existing parking areas shall, whenever possible, be used.
2018 (3) Any new parking areas constructed shall comply with the parking standards
2019 established in Article IV of this section.
2020 (H) Landscaping and Screening
2022 (B), Exemptions, shall be installed in such a manner so as to maintain and enhance
2023 existing native vegetation and to install suitable landscaping to screen the facility, where
2024 necessary. To this end all of the following measures shall be implemented for all
2025 telecommunication facilities, except exempt facilities as identified in Section 2.9.15 (B),
2026 Exemptions:
2027 (1) Existing trees and other screening vegetation in the vicinity of the facility and
2028 along the access roads and power/telecommunication line routes involved shall be
2029 protected from damage, both during the construction period and thereafter. To this
2030 end, the following measures shall be implemented:

DRAFT 5-26-09
2031 (a) A tree preservation plan, which meets the requirements of the city tree
2032 preservation policy, shall be submitted with the conditional use permit
2033 application or building permit;
2034 (b) Grading, cutting/filling, and the storage/parking of equipment/vehicles shall
2035 be prohibited in landscaped areas; and
2036 (c) All underground lines shall be routed such that a minimum amount of
2037 damage is done to the tree's essential root systems.
2038 (2) All areas disturbed during project construction other than the access road and
2039 parking areas shall be replanted with vegetation compatible with the vegetation in
2040 the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the
2041 circumstances) according to the approved landscape plan.
2042 (3) Any existing trees or significant vegetation, on the facilities site or along the
2043 affected access area, that die shall be replaced with native trees and vegetation of a
2044 size and species acceptable to the design advisory board.
2045 (4) No actions shall be taken subsequent to project completion with respect to the
2046 vegetation present that would increase the visibility of the facility itself or the
2047 access road and power/telecommunication lines serving it.
2048 (I) Environmental Resource Protection
2049 All telecommunication facilities shall be sited so as to minimize the effect on
2050 environmental resources. To that end the following measures shall be implemented for all
2051 telecommunication facilities, except exempt facilities as identified in Section 2.9.15 (B),
2052 Exemptions:
2053 (1) Potential adverse visual impacts which might result from project-related grading or
2054 road construction shall be minimized;
2055 (2) Potential adverse impacts upon nearby public use areas such as parks or trails shall
2056 be minimized; and
2057 (3) Drainage, erosion, and sediment controls shall be required as necessary to abate
2058 soil erosion and sedimentation of waterways. Structures and roads on slopes of ten
2059 percent or greater shall be avoided. Erosion control measures shall be incorporated
2060 for any proposed facility which involves grading. Natural vegetation and
2061 topography shall be retained to the extent feasible.
2062 (J) Noise and Traffic
2063 All telecommunication facilities shall be constructed and operated in such a manner as to
2064 minimize the amount of disruption caused to the residents of nearby homes and the users
2065 of nearby recreational areas such as public parks and trails. To that end all of the
2066 following measures shall be implemented for all telecommunication facilities:
2067 (1) Outdoor noise-producing construction activities shall only take place on weekdays
2068 (Monday through Friday, non-holiday) between the hours of 7:30 a.m. and 5:30
2069 p.m. unless allowed at other times as a condition of the conditional use permit;
2070 (2) Backup generators shall only be operated during power outages and for testing and
2071 maintenance purposes. If the facility is located within 100 feet of a residential
2072 dwelling unit, noise attenuation measures shall be included to reduce noise levels to
2073 an exterior noise level of at least an Ldn of 60 dB at the property line and an
2074 interior noise level of an Ldn of 45 dB. Testing and maintenance shall only take
2075 place on weekdays between the hours of 7:30 a.m. and 5:30 p.m.; and

DRAFT 5-26-09
2076 (3) Traffic, at all times, shall be kept to an absolute minimum, but in no case more than
2077 two round trips per day on an average annualized basis once construction is
2078 complete.
2079 (K) Visual Compatibility
2081 (B), Exemptions, shall be constructed and sited so as to minimize the visual effect of such
2082 facilities on the surrounding area. To that end the following measures shall be
2083 implemented for all telecommunication facilities, except exempt facilities as identified in
2084 Section 2.9.15 (B), Exemptions:
2085 (1) Facility structures and equipment shall be located, designed and screened to blend
2086 with the existing natural or built surroundings so as to reduce visual impacts to the
2087 extent feasible considering the technological requirements of the proposed
2088 telecommunication service and the need to be compatible with neighboring
2089 residences and the character of the community;
2090 (2) The facility shall be designed to blend with any existing supporting structure and
2091 shall not substantially alter the character of the structure or local area;
2092 (3) Following assembly and installation of the facility, all waste and debris shall be
2093 removed and disposed of in a lawful manner; and
2094 (4) A visual analysis, which may include photo montage, field mockup, or other
2095 techniques, shall be prepared and submitted by or on behalf of the applicant in
2096 conjunction with an application for a conditional use permit or a building permit,
2097 which identifies the potential visual impacts, at design capacity, of the proposed
2098 facility. Consideration shall be given to views from public areas as well as from
2099 private residences. The analysis shall assess the cumulative impacts of the
2100 proposed facility and other existing and foreseeable telecommunication facilities in
2101 the area and shall identify and include all feasible mitigation measures consistent
2102 with the technological requirements of the proposed telecommunication service.
2103 All costs for the visual analysis, and applicable administrative costs, shall be borne
2104 by the applicant.
2105 (L) Antennas Mounted on Roofs, Walls, Existing Towers and Appropriate Structures
2106 Antennas mounted on roofs, walls, existing towers and appropriate structures shall be
2107 subject to the following:
2108 (1) The placement of commercial wireless telecommunication antennas on roofs,
2109 walls, and existing towers and other structures may be approved by the zoning
2110 administrator subject to the following:
2111 (a) The antenna must meet the requirements set forth in this section;
2112 (b) The existing structure upon which placement of an antenna is proposed must
2113 be conforming to all applicable sections of this article;
2114 (c) A site and building plan as required by the city must be submitted; and
2115 (d) A report prepared by a qualified and licensed professional engineer approved
2116 by the city indicating the existing structure or tower's suitability to accept the
2117 antenna, and the proposed method of affixing the antenna to the structure, is
2118 submitted and approved by the city. Complete details of all fixtures and
2119 couplings and the precise point of attachment shall be indicated.

DRAFT 5-26-09
2120 (2) The placement of commercial wireless telecommunication antennas on roofs,

2121 walls, and existing towers and other appropriate structures that are subject to an
2122 existing conditional use permit shall be permitted subject to the following:
2123 (a) The existing structure must be in full compliance with such conditional use
2124 permit.
2125 (b) If the existing structure upon which the antenna is to be placed is subject to
2126 an existing conditional use permit, the zoning administrator shall review the
2127 proposal for installation of the additional antenna to determine if such
2128 installation is in compliance with the existing structure's conditional use
2129 permit. If it is determined that installation of the additional antenna will not
2130 comply with the provisions of the existing conditional use permit, an
2131 amendment to the existing conditional use permit will be required, according
2132 to the provisions of Section 5.5.9, Conditional Use Permit.
2133 (M) Construction Requirements
2134 Construction requirements shall be as follows:
2135 (1) Towers and antennas shall be designed to blend into the surrounding environment
2136 through the use of color and camouflaging treatment, except when the color is
2137 dictated by federal or state authorities. Materials employed shall not be
2138 unnecessarily bright, shiny, or reflective and shall be of a color or type which
2139 blends with the surroundings to the greatest extent possible.
2140 (2) Towers shall not be illuminated by artificial means and shall not display strobe
2141 lights unless such lighting is specifically required by federal or state authorities.
2142 When incorporated into the design of the tower, light fixtures, such as streetlights,
2143 are permitted.
2144 (3) The use of any portion of a tower for signs, other than warning or equipment
2145 information signs, is prohibited.
2146 (4) Sufficient anti-climbing measures must be incorporated into the facility, as needed,
2147 to reduce potential for trespass and injury.
2148 (5) All towers, masts and booms shall be made of noncombustible material, and all
2149 hardware, such as brackets, turnbuckles, clips and similar type equipment subject
2150 to rust or corrosion must be protected either by galvanizing or sheradizing after
2151 forming.
2152 (N) Abandoned or Unused Towers or Portions of Towers
2153 Abandoned or unused towers or portions of towers shall be removed as follows:
2154 (1) All abandoned or unused towers and associated facilities shall be removed within
2155 12 months of the cessation of operations at the site unless a time extension is
2156 approved by the zoning administrator. If the tower is not removed within 12
2157 months of the cessation of operations at a site, the tower and associated facilities
2158 may be removed by the city and the cost of removal assessed against the property
2159 owner.
2160 (2) Unused portions of towers above a manufactured connection shall be removed
2161 within six months of the time of antenna relocation. The replacement of portions of
2162 a tower previously removed requires the issuance of a new application and/or
2163 request for variance if applicable.

DRAFT 5-26-09
2164 (O) Measurement of Tower Height

2165 The height of a tower shall be determined by measuring the vertical distance from the
2166 tower's point of contact with the ground or rooftop structure to the highest point of the
2167 tower, including all antennas or other attachments. When towers are mounted upon other
2168 structures, the combined height of the structure and the tower must meet the height
2169 restrictions set forth in this article for the particular zoning district.
2170 (P) Review Procedure
2171 (1) It shall be unlawful for any person to erect, construct, place, re-erect, replace, or
2172 repair any tower without first making application for a zoning certificate prior to
2173 applying for a building permit.
2174 (2) If a conditional use permit is required for a requested tower, the requirements of
2175 Section 5.5.9, Conditional Use Permit shall apply.
2176 (3) Site plan review will be required for all towers that are listed as a permitted use in
2177 the applicable zoning district.
2178 (4) The applicant shall provide, at the time of application, sufficient information to
2179 indicate the construction, installation, and maintenance of the antenna and tower
2180 will not create a safety hazard or damage to the property of other persons.
2181 (5) Adjustment or replacement of the elements of an antenna already affixed to a tower
2182 or antenna shall not require a permit, provided that the replacement does not reduce
2183 the safety factor. The city planner shall issue a decision related to the zoning
2184 certificate application upon review of all required materials listed in this section
2185 and shall respond to the request in an expeditious and reasonable timeframe.
2186 2.10 Accessory Uses and Structures

2187 2.10.1 Purpose
2188 This section authorizes the establishment of accessory uses and structures that are incidental
2189 and customarily subordinate to principal uses. The intent of this section is to allow a broad
2190 range of accessory uses while not creating adverse impacts on surrounding lands.
2192 (A) Only one accessory structure (not including fencing) shall be allowed on any parcel in
2193 addition to a detached garage, except where a site is two times or more the minimum lot
2194 area required for a new parcel in the applicable zone; in such case, two accessory
2195 structures shall be permitted.
2196 (B) Fencing and walls shall not be subject to the requirements of this section. Standards for
2197 fencing and walls are established in Section 3.3.1, Fencing and Walls.
2198 (C) An accessory use structure shall be incidental to the primary use of the site, and shall not
2199 alter the character of the primary use.
2200 (D) Accessory structures shall only be constructed concurrent with or after the construction of
2201 the primary structure on the same site.
2202 (E) Small accessory structures such as doghouses, benches, and garden decorations shall be
2203 exempt from the provisions of this section provided they do not occupy more than 12
2204 square feet.

DRAFT 5-26-09
2205 (F) Accessory structures located on lots with stream or river frontage may be located
2206 between the public road and the principal structure, provided it is clearly demonstrated
2207 that physical conditions require such a location.
2208 (G) An accessory structure that is attached to the primary structure shall comply with the site
2209 development standards and all other development standards of the applicable zoning
2210 district. Any accessory structure shall be considered as an integral part of the principal
2211 building if it is located less than six feet from the principal building.
2212 (H) Uses and structures that are accessory to a conditional use permit shall be permitted in
2213 accordance with this section, without requiring a conditional use permit amendment,
2214 unless specifically required as a condition of the conditional use permit approval.
2215 (I) An accessory structure detached from the primary structure shall comply with the
2216 following standards, unless otherwise stated in this section and the use-specific standards
2217 of Section ___________:
2218 (1) Setbacks
2219 (a) An accessory structure shall not be located within a front yard.
2220 (b) Accessory structures for nonresidential uses may be located any place to the
2221 rear of the principal building, subject to the building code and the fire code
2222 regulations, except where prohibited by other sections of this Code.
2223 (c) An accessory structure shall maintain side and rear setbacks of at least five
2224 feet. On corner lots, accessory structures shall be subject to the street yard
2225 setbacks.
2226 (d) An accessory structure shall maintain at least a five-foot separation from
2227 other accessory structures and the principal building.
2228 (2) Height Limit
2229 (a) Unless otherwise state, the maximum height of a detached accessory
2230 structure shall be ten feet with the exception of detached garages.
2231 (b) Detached garages shall not exceed 18 feet or 24 feet if the structure includes
2232 an accessory dwelling unit.
2233 (c) In no case shall the height of the accessory structure exceed the maximum
2234 height of the principal structure except by approval of a conditional use
2235 permit.
2236 (3) Maximum Number, Coverage, and Size
2237 (a) Up to two accessory buildings may be permitted on a single lot.
2238 (b) Accessory buildings shall not occupy more than 25 percent of the rear yard.
2239 (c) Accessory buildings subject to the maximum number and coverage
2240 requirements of paragraphs (a) and (b) above include accessory dwelling
2241 units, detached garages, detached storage/utility sheds, gazebos, and similar
2242 structures, decks, swimming pools, hot tubs, and spas, and tennis or other
2243 recreational sports.
2244 (d) The maximum site coverage for all structures on a parcel shall comply with
2245 the requirements of the applicable zoning district.
2246 (e) Detached sheds on residential properties shall not be larger than 140 square
2247 feet.

DRAFT 5-26-09
2248 (f) No private garage used or intended for the storage of vehicles on a
2249 residential property shall exceed 864 square feet nor shall any access door or
2250 other opening exceed the height of 12 feet.
2251 2.10.3 Permitted Accessory Uses
2252 The symbols used in Table 2.10-1 are defined as follows:
2253 (A) Permitted Uses (P)
2254 A “P” in a cell indicates that the accessory use or structure is allowed by-right in the
2255 respective zoning district subject to compliance with the use-specific standards set forth in
2256 the final “use-specific standards” column of Table 2.10-1.
2257 (B) Conditional Uses (C)
2258 A “C” in a cell indicates that the accessory use or structure is allowed as a conditional use
2259 in the respective zoning district subject to compliance with the use-specific standards set
2260 forth in the final “additional requirements” column of Table 2.10-1 and approval of a
2261 conditional use permit in accordance with Section 5.5.9, Conditional Use Permit.
2262 (C) Prohibited Uses
2263 A cell with a “--" or a blank cell indicates that the listed use type is prohibited in the
2264 respective zoning district.
2265 (D) Use-Specific Standards
2266 The “use-specific standards” column of Table 2.10-1 cross-references standards that are
2267 specific to an individual use type and are applicable to that use in all districts unless
2268 otherwise stated in the use-specific standards.
2269 (E) Unlisted Uses
2270 If an application is submitted for an accessory use or structure that is not listed in Table
2271 2.10-1, the city planner is authorized to classify the new or unlisted use, with consultation
2272 from appropriate city departments, into an existing use type that most closely fits the new
2273 or unlisted use. If no similar use determination can be made, the city planner shall refer the
2274 use to the planning commission, who may initiate an amendment to the text of this Code
2275 to clarify where and how the use should be permitted.
2276
2277
2278
2279
2280
2281
2282
2283
2284
2285
2286
2287

DRAFT 5-26-09
2288
Table 2.10-1: Permitted Accessory Uses and Structures
Special Base Floating
Use Category and Use Type Base Zoning Districts Zoning Zoning
Districts Districts
Use-Specific
* Discontinued Zoning District
Standards in
P = Permitted Use
R2-B*
R3-B*
I1-B*
AH-S
NC-F
ED-F
CD-S
R1-B
R4-B
N1-B
C1-B
C2-B
Section:
PI-S
C = Conditional Use
Accessibility Ramps P P P P P P P P P P P P P 2.10.4 (A)

Accessory Dwelling Units P -- -- -- P -- -- -- -- -- -- P -- 2.10.4 (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,
Gazebos, and other Similar P P P P P -- P P P P P P P 2.10.4 (D)
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)
five 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
P P P P P -- -- -- P P P P -- 2.10.4 (L)
Spas
Tennis and Other Recreational
P P P P P -- -- -- P P P P -- 2.10.4 (M)
Courts
3
Small Wind Energy Turbines 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.
2289
2290 2.10.4 Standards for Specific Accessory Uses and Structures
2291 The following requirements apply to the specific types of accessory uses and structures listed,
2292 in addition to the requirements of Section 2.10.2, General Provisions, as applicable.
2293 (A) Accessibility Ramps
2294 Ramps that provide access to buildings for the disabled are permitted in all zoning
2295 districts and may encroach in all setbacks but shall not encroach on a public sidewalk,
2296 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.

DRAFT 5-26-09
2297 (B) Accessory Dwelling Units

2298 This section is intended to allow the creation of accessory dwelling units on existing lots
2299 in residential zoning districts that already contain one legally created dwelling unit under
2300 the following provisions:
2301 (1) There shall be a minimum lot area of 8,000 square feet.
2302 (2) An accessory dwelling unit may be created by the:
2303 (a) Conversion of an attic, basement, garage, or other previously uninhabited
2304 portion of a residential structure;
2305 (b) Addition of separate unit onto an existing residential structure;
2306 (c) Construction of a separate structure on a lot in addition to an existing
2307 dwelling. See Figure 2-44; or
2308 (d) A manufactured home, recreational vehicle, or other moveable habitable
2309 space that does not comply with the Building Code shall not be used as a
2310 second unit. A modular unit placed on a permanent foundation may be used
2311 as an accessory dwelling unit in compliance with this section.
2312
4
There was a question regarding how this provision would stop the construction of a second 800 square foot
dwelling unit on a lot. The answer is it would not. Some communities are okay with the construction of these
“granny cottages” or small-scale units as a separate structure while others limit the accessory dwelling units to those
attached to a detached garage or constructed as an attachment to the existing dwelling. The advisory group should
discuss if this is appropriate in Northfield.

DRAFT 5-26-09
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.
2313
2314 (3) Accessory Dwelling Unit Development Standards
2315 (a) Only one accessory dwelling unit shall be permitted on a lot.
2316 (b) Accessory dwelling units shall be exempt from the minimum lot size or any
2317 density calculations in the applicable zoning district.
2318 (c) An accessory dwelling unit shall contain separate kitchen and bathroom
2319 facilities.
2320 (d) An attached accessory dwelling unit shall have an entrance separate from the
2321 primary dwelling.
2322 (e) An accessory dwelling unit shall not exceed 800 square feet or 25 percent of
2323 the floor area of the primary dwelling, whichever is greater.
2324 (f) One accessible off-street parking space shall be provided for each accessory
2325 dwelling unit in addition to the off-street parking spaces required for the
2326 primary dwelling in Section3.8, Off-Street Parking, Loading, and Mobility.
2327 Each accessory dwelling unit shall be constructed so as to be compatible
2328 with the existing primary dwelling, as well as the surrounding neighborhood
2329 in terms of design, form, height, materials, and landscaping.
2330 (g) A detached accessory dwelling unit shall be separated from the primary
2331 dwelling by a minimum distance of ten feet.
2332 (4) An accessory dwelling unit may be rented if it complies with the Northfield
2333 Municipal Code, chapter 14.
2334 (C) Amateur Radio Antennas
2335 The construction/erection of towers supporting amateur radio antennas shall be a
2336 permitted use in all zoning districts subject to the following requirements:
2337 (1) Such towers shall be allowed only in the rear yard of residential properties, unless
2338 the property owner can show that there is insufficient space within the rear yard to
2339 erect the tower and any related guy wires within the rear yard. In such case, the

DRAFT 5-26-09
2340 property owner may erect the tower in anotherthe side yard that has space to
2341 accommodate the tower.
2342 (2) Such tower shall not exceed 70 feet in height, except by conditional use permit.
2343 (3) Such tower shall conform to the accessory structure setback for the district in
2344 which it is located, except that if the property owner can show that there is not
2345 sufficient space on the property to erect the tower and any related guy wires, such
2346 tower or guy wires may be located no less than one foot from property lines.
2347 (4) Amateur radio support structures (towers) shall be installed in accordance with the
2348 instructions furnished by the manufacturer of the tower model. An antenna
2349 mounted on a tower may be modified and changed at any time so long as the
2350 published allowable load on the tower is not exceeded and the structure of the
2351 tower remains in accordance with the manufacturer's specifications.
2352 (D) Detached Storage/Utility Sheds, Gazebos, and Other Similar Structures
2353 All accessory structures other than fences, porches, decks, and detached garages shall be
2354 subject to the following standards:
2355 (1) An accessory structure intended as a workshop or studio for artwork, crafts, light
2356 hand manufacturing, or hobbies, is subject to the following standards:
2357 (a) The use of an accessory structure as a studio shall be limited to:
2358 noncommercial hobbies or amusements, maintenance of the primary
2359 structure or setbacks, artistic endeavors, including painting, photography, or
2360 sculpture, or for other similar purposes. Any use of an accessory workshop
2361 for any commercial activity shall comply with Section 2.10.4 (E), Home
2362 Businesses; and
2363 (b) A workshop footprint shall not occupy an area larger than 25 percent of the
2364 building footprint of the primary residence; except where a workshop is
2365 combined with a garage.
2366 (2) All other accessory structures shall be permitted in the rear yard, unless otherwise
2367 permitted in this section, and shall be subject to the maximum lot coverage and size
2368 requirements of Section 2.10.2 (I) (3).
2369 (E) Home Businesses
2370 The following standards for home businesses are intended to provide reasonable
2371 opportunities for employment within the home, while avoiding changes to the residential
2372 character of a dwelling that accommodates a home business, or the surrounding
2373 neighborhood, where allowed by this section:
2374 (1) Permitted Home Businesses
2375 The following uses, and other uses determined by the city planner to be similar in
2376 nature and impact, may be approved by the city planner in compliance with this
2377 section.
2378 (a) Art and craft work including, but not limited to ceramics, painting,
2379 photography, and sculpture;
2380 (b) Tailors;
2381 (c) Office-only uses, including, but not limited to, an office for an architect,
2382 attorney, consultant, counselor, insurance agent, planner, tutor, or writer;
2383 (d) Licensed massage therapy and physical therapy;

DRAFT 5-26-09
2384 (e) Mail order businesses may be allowed where there is no stock-in-trade on
2385 the site; and
2386 (f) Pet grooming may be conducted as a home business within the R1-B and
2387 N1-B zoning districts when in compliance with this section, and with zoning
2388 certificate approval; provided that no pet involved in the pet grooming home
2389 business shall be kept overnight on the premises.
2390 (2) Prohibited Home Businesses
2391 The following are business activities that are prohibited as home businesses:
2392 (a) Animal hospitals and boarding facilities;
2393 (b) Automotive and other vehicle repair and service;
2394 (c) Construction contractor facilities and storage (an office-only use is allowed
2395 in compliance with Section 2.10.4 (E) (1) above) and other outdoor storage;
2396 (d) Dismantling, junk, or scrap yards;
2397 (e) Fitness/health facilities;
2398 (f) Medical clinics, laboratories, or doctor's offices;
2399 (g) Personal services as defined in Section 2.8, Use Definitions;
2400 (h) Parking on, or dispatching from the site any vehicle used in conjunction with
2401 an automobile wrecking or towing service, or with a taxi or similar
2402 passenger or delivery service, whether based on the site or elsewhere;
2403 (i) On-site sales;
2404 (j) Uses that require explosives or highly combustible or toxic materials;
2405 (k) Welding and machine shop operations;
2406 (l) Wood cutting businesses; or
2407 (m) Other similar uses as determined by the city planner.
2408 (3) Operating Standards
2409 Home businesses shall comply with all of the following operating standards:
2410 (a) The operator of a home business in a rental unit shall be able to demonstrate
2411 that the property owner has authorized the use of the unit for a home
2412 business.
2413 (b) The home business shall be clearly secondary to the full-time use of the
2414 property as a residence.
2415 (c) Home business activities shall not occupy more than 25 percent of the gross
2416 floor area of the dwelling unit.
2417 (d) A garage or other enclosed accessory structure may not be used for a home
2418 business.
2419 (e) The use shall not require any exterior modification to the structure not
2420 customarily found in a dwelling.
2421 (f) There shall be no advertising signs other than one sign, not exceeding four
2422 square feet in area, and only if attached flush to a wall of the structure.

DRAFT 5-26-09
2423 (g) Activities conducted and equipment or material used shall not change the
2424 fire safety or occupancy classifications of the premises. The use shall not
2425 employ the storage of explosive, flammable, or hazardous materials beyond
2426 those normally associated with a residential use.
2427 (h) No home business activity shall create dust, electrical interference, fumes,
2428 gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or
2429 other hazards or nuisances as determined by the city planner.
2430 (i) There shall be no window display or outdoor storage or display of
2431 equipment, materials, or supplies associated with the home business.
2432 (j) A home business shall have no on-site employees other than full-time
2433 residents of the dwelling; except that up to two non-resident employees may
2434 be allowed with a conditional use permit approval.
2435 (k) The home business shall be operated so as to not require more than eight
2436 vehicle trips per day of clients, customers, visitors, and/or service visits to
2437 the residence. On-site presence of clients or customers shall be limited to
2438 one client or family at a time, and only between the hours of 9:00 a.m. and
2439 8:00 p.m.
2440 (l) There shall be no motor vehicles used or kept on the premises, except
2441 residents' passenger vehicles, and/or one pickup truck, van, or similar vehicle
2442 not exceeding 1.5 ton carrying capacity. The home business shall not involve
2443 the use of commercial vehicles for delivery of materials to or from the
2444 premises in a manner different from normal residential usage, except for
2445 FedEx, UPS, or USPS-type home deliveries/pick-ups.
2446 (m) No utility service to the dwelling shall be modified solely to accommodate a
2447 home business, other than as required for normal residential use.
2448 (4) Small-scale commercial wood and metal working may be authorized by a
2449 conditional use permit as a home business, provided that the planning
2450 commission may attach conditions to the conditional use permit approval
2451 limiting hours of operation, noise levels, and/or any other aspect of the
2452 operation, to ensure compatibility with on-site and adjacent residential uses.
2453 (F) In-Home Day Care
2454 (1) The in-home day care has all of the appropriate licenses from the state.
2455 (2) There shall be a minimum setback of 300 feet between an in-home day care and
2456 another in-home day care use.
2457 (3) At least two off-street parking spaces shall be provided exclusively for dropping
2458 off and picking up children in addition to the parking requirements established for
2459 the primary dwelling unit in Section 3.8, Off-Street Parking, Loading, and
2460 Mobility.
2461 (G) Keeping of Chickens
2462 (1) Property owners are permitted to raise and keep chickens on all properties of five
2463 acres or more in size without complying with the requirements of this section.
2464 (2) For properties that are less than five acres, the keeping of four chickens is
2465 permitted provided that:
2466 (a) The principal use of the lot is a single-family dwelling;

DRAFT 5-26-09
2467 (b) No person shall keep any rooster;

2468 (c) The chickens shall be provided with a covered enclosure and must be kept in
2469 the covered enclosure or a fenced enclosure at all times; and
2470 (d) No enclosure shall be located closer than 25 feet to any residential structure
2471 on an adjacent lot.
2472 (H) Outdoor Wood Fire Boilers or Furnaces
2473 (1) Zoning Certificate Required
2474 A zoning certificate shall be required prior to the installment or erection of an
2475 outdoor wood boiler or furnace.
2476 (2) Development Standards
2477 (a) Outdoor wood boilers or furnaces shall only be permitted as an accessory
2478 use on lots with a minimum lot area of five acres.
2479 (b) Outdoor wood furnaces shall be set back:
2480 (i) A minimum of 200 feet from all lot lines;
2481 (ii) A minimum of 300 feet from the boundaries of all recorded subdivisions
2482 with lots less than five acres in size; and
2483 (iii) A minimum of 500 feet from all residential dwellings not located on the
2484 property where the outdoor wood furnace will be situated.
2485 (3) Permitted and Prohibited Fuels
2486 (a) Fuel burned in any new or existing outdoor wood furnace shall be only
2487 natural untreated wood, wood pellets, corn products, biomass pellets, or
2488 other listed fuels specifically permitted by the manufacturer’s instructions
2489 such as fuel oil, natural gas, or propane backup.
2490 (b) The following fuels are strictly prohibited in new or existing outdoor wood
2491 furnaces:
2492 (i) Grass clippings and other landscaping or vegetative refuse;
2493 (ii) Wood that has been painted, varnished or coated with similar material
2494 and/or has been pressure-treated with preservatives and contains resins or
2495 glues as in plywood or other composite wood products.
2496 (iii) Rubbish or garbage, including but not limited to food wastes, food
2497 packaging, or food wraps.
2498 (iv) Any plastic materials, including but not limited to nylon, PVC, ABS,
2499 polystyrene or urethane foam, and synthetic fabrics, plastic films and
2500 plastic containers.
2501 (v) Rubber, including tires or other synthetic rubber-like products.
2502 (vi) Any other items not specifically allowed by the manufacturer or this
2503 section.
2504 (I) Patio Covers, Porches, and Decks
2505 (1) Screened porches or other porch types that are enclosed by walls and a roof shall be
2506 considered a part of the principal structure and subject to the setback and other site
2507 development standards of the applicable zoning district.

DRAFT 5-26-09
2508 (2) Porches and stoops may encroach into setback and build-to-line requirements in
2509 accordance with Section 3.1.5 (F), Allowed Encroachments into Setbacks.
2510 (J) Satellite Dishes
2511 Ground- or building-mounted satellite dish antennas with a diameter of less than one
2512 meter are permitted provided that they are located in the rear or side yards, to the
2513 maximum extent feasible, and that they do not exceed the height of the ridgeline of the
2514 primary building on the parcel.
2515 (K) Solar Energy Systems
2516 (1) Solar energy systems that are attached to a roof but that do not project more than
2517 three-feet from the roof surface shall be permitted without a zoning certificate.
2518 (2) Solar energy systems located that project more than three-feet from a roof and are
2519 visible from the public right-of-way may be permitted if approved as a conditional
2520 use permit.
2521 (3) Stand-alone solar energy systems shall only be permitted in the rear yard and shall
2522 be subject to the maximum coverage standards of Section 2.10.2(I)(3).
2523 (L) Swimming Pools, Hot Tubs, and Spas
2524 (1) No swimming pool, hot tub, or spa shall be constructed, altered, or renovated
2525 without first obtaining a zoning certificate (Type 1 Review).
2526 (2) Swimming pools, hot tubs, and spas shall be constructed so as to avoid hazard or
2527 injury to any person. While under construction, the swimming pool area shall be
2528 fenced with security barriers.
2529 (3) No portion of a swimming pool, hot tub, spa, related deck, or related appurtenance
2530 shall be located beyond the front building setback line nor within any public or
2531 private utility and/or drainage easement or ingress or egress easement, and they
2532 shall also meet the following minimum setbacks:
2533 (a) Interior side or rear property line: five feet.
2534 (b) Corner side property line: 15 feet.
2535 (4)
All private swimming pools, hot tubs, and spas shall be surrounded at all times by a
2536 barrier that is designed to be insurmountable and impenetrable by young children.
2537 The city hereby adopts, by reference, the United States Consumer Product Safety
2538 Commission’s guidelines for safety barriers for swimming pools to apply to all
2539 swimming pools (permanent or temporary), hot tubs, and spas.
2540 (M) Tennis and Other Recreational Courts
2541 Noncommercial outdoor tennis courts and courts for other sports, including basketball
2542 and racquetball, accessory to a residential use shall comply with the following
2543 requirements:
2544 (1) No court shall be located within a required setback, or within five feet of a lot line;
2545 (2) Court fencing shall comply with Section 3.3.1, Fencing and Walls; and
2546 (3) Court lighting shall require a zoning certificate approval, and shall not exceed a
2547 maximum height of 20 feet, measured from the court surface. The lighting shall be
2548 directed downward and shall only illuminate the court.

DRAFT 5-26-09
2549 (N) Wind Energy Turbines (WET)5

2550 (1) Setback for All Types of WETsLocation
2551 (a) No part of a WET shall be located within or over drainage, utility or other
2552 established easements, or within a wetland or a native prairie.
2553 (a) All WET facilities and their associated equipment shall comply with the
2554 building setback provisions of the applicable zoning district.
2555 (b) Setbacks: In order to ensure public safety, the minimum distance from the
2556 base of any tower to any property line, road or right-of-way (except for roads
2557 used exclusively for servicing the WET), habitable dwelling, business,
2558 institution, overhead utility line, or public recreational area shall be 1.5 times
2559 the total height of the WET.
2560 (b) In reviewing a conditional use permit application for a WET facility, the
2561 planning commission may reduce the required setback for accessory
2562 buildings/structures if the applicant can produce sufficient evidence that no
2563 potential exists for damage or damage claims from any other party.
2564 (2) Small-Scale Wind Energy Turbines (SWET) Height
2565 Maximum total height: The maximum total height for a WET shall be four
2566 hundred feet (400').
2567 (a) Stand-alone SWETs may not be placed on lots of less than 40,000 square
2568 feet; however, a SWET which will be attached to an existing structure and
2569 will not exceed the building height restriction in the applicable zoning
2570 district may be located on a lot smaller than 40,000 square feet at the
2571 discretion of the planning commission.
2572 (b) No portion of a SWET shall be located within a wetland area.
2573 (c) The maximum height of a stand-alone SWET shall be 75 feet from natural
2574 grade to the top of an extended rotor blade.
2575 (d) All portions of a SWET support structure must meet the setback
2576 requirements for the applicable zoning district.
2577 (e) A SWET must be setback from all habitable structures on abutting properties
2578 by an area equal to or exceeding the distance of the fall zone.
2579 (f) The noise level at the lot line may not exceed ten dB(A) over the ambient
2580 sound level and must comply with the City of Northfield’s noise ordinance.
2581 (g) Only monopole towers shall be utilized with LWET installations
2582 (h) Climbing access to the tower structure shall be limited by
2583 (i) Placing fixed climbing apparatus no lower than ten feet from the ground;
2584 and
2585 (ii) Placing a six-foot fence or shielding around the SWET.
2586 (i) Building permit applications for a SWET shall be accompanied by standard
2587 drawings of all structures, including the tower, base, footing, guy wires, guy
2588 anchors, and any additional equipment or housings.
5
This is language that staff researched and drafted for discussion with the advisory group.This language may be
revised for WET residential and commercial properties.

DRAFT 5-26-09
2589 (j) No SWET shall be installed until evidence has been supplied that the utility
2590 company has approved the applicant's proposal to install an interconnected
2591 customer-owned generator. Off-grid systems shall be exempt from this
2592 utility certification.
2593 (3) Medium-Scale Wind Energy Turbines (MWET) and Large-Scale Wind
2594 Energy Turbines (LWET) 6Design and Technical Standards
2595
2596 The following standards are required of all WET:
2597 (a) The WET shall be white or light gray in color. Other neutral colors may be
2598 allowed at the discretion of the city council. The surface shall be non-
2599 reflective.
2600 (b) No lights shall be installed on the tower, unless required to meet FAA
2601 regulations.
2602 (c) One sign shall be posted at the base of the tower, and one sign shall be
2603 posted near the property entrance. The signs, each limited to four (4) square
2604 feet in size, shall include a notice of no trespassing, a warning of high
2605 voltage, and the phone number of the property owner/operator to call in case
2606 of emergency. No signage is allowed on the nacelle, blades, and tower
2607 except for the manufacturer’s name.
2608 (d) The WET shall be grounded for protection against lightning strikes and shall
2609 comply, as to electrical wiring and connections, with applicable state
2610 electrical codes.
2611 (e) All climbing apparatus shall be located at least twelve (12) feet above the
2612 ground, and the tower must be designed to prevent climbing within the first
2613 twelve (12) feet.
2614 (f) No portion of a WET blade shall extend within fifty (50) feet of the ground.
2615 No blades may extend over parking areas, driveways (except driveways used
2616 exclusively for servicing the WET) or sidewalks.
2617 (g) The WET shall be designed with a monopole tower without a guy wires
2618 support structure.
2619 (h) All WET shall be equipped with manual and automatic overspeed controls to
2620 limit the blade rotation speed to within the design limits of the WET.
2621 (i) No WET shall be installed in any location where its proximity with existing
2622 fixed broadcast, retransmission, or reception antenna for radio, television, or
2623 wireless phone or other personal communication systems would produce
2624 electromagnetic interference with signal transmission or reception in
2625 violation of FCC regulations.
2626 (j) All electrical lines associated with the WET shall be located underground.
2627 (k) Noise at the property line cannot exceed 58 decibels.
2628 (a) The construction of a MWET or LWET is subject to the issuance of a
2629 conditional use permit pursuant to Section 5.5.9, Conditional Use Permit.
6
Are the MWETs and LWETs really going to be accessory uses or do we need to make them a permitted use?

DRAFT 5-26-09
2630 (b) Guyed and lattice towers may be utilized for SWET and MWET
2631 installations.
2632 (c) The following setbacks shall be observed for MWET and LWET facilities:
2633 (i) In order to ensure public safety, the minimum distance from the base of any
2634 tower to any property line, road (except for roads used exclusively for
2635 servicing the MWET or LWET), habitable dwelling, business, institution,
2636 or public recreational area shall be equal to the fall zone.
2637 (ii)(i) The fall zone for MWET or LWET facilities must be kept
2638 free of all habitable structures during the operational life of the facility. Fall
2639 zone areas shall be measured from the base of the tower.
2640 (4) Conditional Use Permit Applications for a WET Application and Approval
2641 Requirements
2642 Approval or denial of an application for a conditional use permit to allow
2643 construction of a WET shall be made by the city council as outlined in Section
2644 5.5.9 Conditional Use Permit of this section.
2645 Application: An application for a WET shall be made on the forms provided by the
2646 city planner and shall be accompanied by the following The planning commission
2647 shall not approve any application that does not comply with all the requirements of
2648 this Code. The planning commission does, however, have the right to waive any
2649 part of this section without the requirement of a variance, when it makes a specific
2650 finding that such a waiver would not be detrimental to the public interest, cause the
2651 city any expense, or be inconsistent with the intent and purpose of this section.
2652 (a) A site plan, showing the following:
2653 (i) Location of proposed tower and setback from property lines;
2654 (ii) Location and full dimensions of all buildings existing on the property
2655 including exterior dimensions, height of buildings and all uses on property;
2656 (b) Location and dimensions of any other natural or manmade features within
2657 350' of the property such as trees, above ground utility lines, water bodies,
2658 buildings, roadways, or bridges.
2659 (c) Drawings, to scale, of the structure, including the tower, base, and footings.
2660 The drawings shall show the proposed height of the structure.
2661 (d) Evidence from the manufacturer or dealer that the WET has been
2662 successfully operated in atmospheric conditions and is warranted against any
2663 system failures under reasonably expected severe weather operating
2664 conditions.
2665 (e) If the WET is proposed to be interconnected to a public utility, provide a
2666 letter of intent to interconnect, which has been signed by the utility
2667 company.
2668 (f) Evidence that the proposed WET will comply with applicable FAA
2669 regulations.
2670 (g) A shadow flicker model that demonstrates the impact of shadow flicker on
2671 adjacent properties.
2672 (h) A site specific written statement from a qualified
2673 telecommunications/broadcast engineer describing the extent of expected

DRAFT 5-26-09
2674 interference from the WET with respect to existing services within the
2675 electromagnetic spectrum, the methods that will be used to avoid or
2676 minimize the potential interference before and during construction, and the
2677 methods that will be used to mitigate signal degradation or interference after
2678 construction.
2679 (5) Approval CriteriaConditional Use Permit Required Findings:
2680 In reviewing all applications for a conditional use permit, the planning commission
2681 shall utilize as approval criteria all applicable use, siting, dimensional, and setback
2682 requirements set forth in this section.
2683 In addition to reviewing the conditional use permit criteria in Section 5.5.9
2684 Conditional Use Permit (D), the city council shall make the following applicable
2685 findings, in writing, as part of the issuance of the conditional use permit:
2686 (a) The proposed WET will not have an undue adverse impact on surrounding
2687 properties;
2688 (b) The applicant has agreed to implement all reasonable measures to mitigate
2689 the potential adverse safety, noise, environmental, and aesthetic impacts of
2690 the WET;
2691 (c) The proposed WET shall comply with current FCC and FAA standards
2692 regarding flight and air navigation hazard identification and prevention.
2693 (6) Required Findings for Issuance of Conditional Use Permits Removal
2694 If the WET remains nonfunctional or inoperative for a continuous period of one (1)
2695 year, the facility shall be deemed to be abandoned and shall constitute a public
2696 nuisance. The owner/operator shall remove the abandoned facility at their expense.
2697 If the owner/operator fails to remove the facility, the city may remove or contract
2698 for removal of the facility and assess the cost of removal against the property.
2699 Removal of the facility includes the entire structure including the foundation to a
2700 distance of five feet, and transmission equipment from the property. Nonfunction
2701 or lack of operation may be proven by reports from the interconnected utility.
2702 The planning commission shall make the following applicable findings, with
2703 appropriate reasoning, in writing, prior to the granting of any conditional use
2704 permit for a WET:
2705 (a) The proposed WET will not have an undue adverse impact on historic
2706 resources, scenic views, natural resources, and/or residential property values;
2707 (b) The applicant has agreed to implement all reasonable measures to mitigate
2708 the potential adverse safety, environmental, and aesthetic impacts of the
2709 WET;
2710 (c) The proposed WET shall comply with current FCC and FAA standards
2711 regarding flight and air navigation hazard identification and prevention;
2712 (d) The applicant has agreed to any maintenance and monitoring requirements
2713 set forth in any regulations promulgated by the planning commission; and
2714 (e) The proposed WET shall be sited or camouflaged or screened to the greatest
2715 extent possible to minimize adverse visual impacts,

DRAFT 5-26-09
2716 (7) Denials

2717 The planning commission may deny a special permit if it finds that the application
2718 fails to meet applicable use, siting, dimensional, and setback requirements set forth
2719 in this section, or any applicable regulations promulgated by the planning
2720 commission pursuant to this section.
2721 2.11 Temporary Uses and Structures

2722 2.11.1 Purpose
2723 This section allows for the establishment of certain temporary uses and structures of limited
2724 duration, provided that such uses or structures do not negatively affect adjacent properties, and
2725 provided that such uses or events are discontinued upon the expiration of a set time period.
2726 Temporary uses and structures shall not involve the construction or alteration of any permanent
2727 building or structure.
2728 2.11.2 Table of Allowed Temporary Uses and Structures
2729 Table 2.11-1 summarizes allowed temporary uses and structures and any general or specific
2730 standards that apply. Temporary uses or structures not listed in the table are prohibited.
2731

DRAFT 5-26-09
2732
Table 2.11-1: Temporary Uses and Structures
Allowable Duration (per Additional
Temporary Use or Structure Permit Required
site) Requirements
Until issuance of a
Construction Dumpster No 2.11.4 (A)
certificate of occupancy
Until issuance of a Zoning Certificate
Construction Trailer 2.11.4 (B)
certificate of occupancy (Type 1 Review)
Maximum of three
Garage/Yard Sales consecutive days, three No 2.11.4 (C)
times per calendar year
Until issuance of a
Gravel Surface Parking Lots No
certificate of occupancy
Real Estate Sales/Model Until 85% occupancy of Zoning Certificate
2.11.4 (D)
Homes the phase is reached (Type 1 Review)
120 days per calendar Zoning Certificate
Seasonal Agricultural Sales 2.11.4 (E)
year (Type 1 Review)
Temporary Storage in a
30 days per site No 2.11.4 (F)
Portable Container
Temporary Structure for Zoning Certificate
three years 2.11.4 (G)
Institutional Uses (Type 1 Review)
Maximum of 14
Temporary Structure for Zoning Certificate
consecutive days, three 2.11.4 (G)
Special Events (Type 1 Review)
times per calendar year
2733
2734 2.11.3 General Standards for Temporary Uses and Structures
2735 Temporary uses or structures shall:
2736 (A) Obtain a zoning certificate (Type 1 approval) from the city planner;
2737 (B) Not be detrimental to property or improvements in the surrounding area or to the public
2738 health, safety, or general welfare;
2739 (C) Be compatible with the principal uses taking place on the site;
2740 (D) Not have substantial adverse effects or noise impacts on nearby residential
2741 neighborhoods;
2742 (E) Not include permanent alterations to the site;
2743 (F) Not maintain temporary signs associated with the use or structure after the activity ends;
2744 (G) Not violate the applicable conditions of approval that apply to a site or use on the site;
2745 (H) Not interfere with the normal operations of any permanent use located on the property;
2746 and
2747 (I) Contain sufficient land area to allow the temporary use, structure, or special event to
2748 occur, as well as adequate land to accommodate the parking and traffic movement.
2749 2.11.4 Specific Regulations for Certain Temporary Uses and Structures
2750 (A) Construction Dumpster
2751 Temporary trash receptacles or dumpsters shall be located outside public rights-of-way
2752 and shall comply with the following standards:
2753 (1) Be located to the side or the rear of the site, to the maximum extent practicable;

DRAFT 5-26-09
2754 (2) Be located as far as possible from lots containing existing development;
2755 (3) Not be located within a floodplain or otherwise obstruct drainage flow; and
2756 (4) Not be placed within five feet of a fire hydrant or within a required landscaping
2757 area.
2758 (B) Construction Trailer
2759 Construction trailers may be permitted on a construction site provided that the trailer is:
2760 (1) Located on the same site or in the same development as the related construction;
2761 (2) Not located within a required open space set-aside or landscaping area; and
2762 (3) Associated with development subject to a valid building permit.
2763 (C) Garage/Yard Sales
2764 The hours of operation for garage/yard sales are limited to between 7:00 a.m. and 8:00
2765 p.m.
2766 (D) Real Estate Sales Office/Model Home
2767 One temporary real estate sales office or model home per builder or developer shall be
2768 permitted in a section or phase of a new residential or nonresidential development,
2769 provided that the use:
2770 (1) Is located on a lot approved as part of a development agreement;
2771 (2) Is aesthetically compatible with the character of surrounding development in terms
2772 of exterior color, predominant exterior building materials, and landscaping;
2773 (3) Is operated by a developer or builder active in the same phase or section where the
2774 use is located; and
2775 (4) Is removed or the model home is converted into a permanent residential use once
2776 85 percent occupancy in the section or phase of the development is reached.
2777 (E) Seasonal Agricultural Sales
2778 Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins,
2779 seasonal produce, and similar agricultural products, may be permitted in accordance with
2780 the following standards:
2781 (1) Location
2782 (a) The property contains an area not actively used that will support the
2783 proposed temporary sale of products without encroaching into or creating a
2784 negative impact on existing vegetated areas, open space, landscaping, traffic
2785 movements, or parking-space availability.
2786 (b) The sale of goods shall not occur within the public right-of-way, or within
2787 200 feet of a dwelling.
2788 (2) Range of Goods Limited
2789 The range of goods or products available for sale shall be limited to non-processed
2790 products obtained primarily through farming or agricultural activities, including,
2791 but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds;
2792 vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest
2793 products, including Christmas trees, and firewood; bees and beekeeping products;
2794 seafood; and dairy products.

DRAFT 5-26-09
2795 (3) Hours of Operation

2796 The hours of operation of the seasonal sale of agricultural products shall be from
2797 7:30 a.m. to 10:00 p.m., or the same hours of operation as a principal use on the
2798 same lot, whichever is more restrictive.
2799 (F) Temporary Storage in a Portable Shipping Container
2800 Temporary storage in a portable shipping container shall be allowed to serve a permitted
2801 use provided it is placed on a paved surface and is, to the maximum extent practicable,
2802 located in the side or rear yards.
2803 (G) Temporary Structures
2804 Temporary structures serving public or institutional uses shall comply with the following
2805 standards:
2806 (1) Location
2807 (a) The use shall be located to the side or rear of the principal structure(s) and at
2808 least five feet from any other structure.
2809 (b) The use shall be permitted within the building envelope but not within
2810 required off-street parking, open space set-aside, or required landscaping
2811 areas.
2812 (2) Standards
2813 (a) Under skirting or other materials shall be used to prevent unauthorized
2814 access underneath the structure.
2815 (b) Parking shall be provided for the temporary structure in conformance with
2816 Section 3.8, Off-Street Parking, Loading, and Mobility.
2817 (c) The use shall not be required to be compatible with the existing principal
2818 structure exterior colors or materials.
2819 (3) Approval and Duration
2820 This use is permitted if approved by the City Planner, and may remain on the site
2821 for no more than three years. This period may be renewed for two 365-day periods,
2822 for good cause shown, upon approval of a written request, submitted to the City
2823 Planner at least 30 days prior to the expiration of the certificate of zoning
2824 compliance. In no event, however, shall such extensions allow the temporary
2825 structure to remain on the site for more than five years.
2826 2.12 Nonconformities

2827 2.12.1 Purpose
2828 In the provisions established by this Code, there exist uses of land, structures and lots of record,
2829 that were lawfully established before this Code was adopted or amended, that now do not
2830 conform to its terms and requirements. The purpose and intent of this section is to regulate the
2831 continued existence of those uses, structures, and lots of record that do not conform to the
2832 provisions of this Code, or any amendments thereto.
2834 (A) Authority to Continue
2835 Any lawfully existing nonconformity including nonconforming uses, structures, and lots
2836 of records, may be continued, so long as it remains otherwise lawful.

DRAFT 5-26-09
2837 (B) Determination of Nonconformity Status

2838 The burden of establishing that a nonconformity lawfully exists shall be on the owner of
2839 the land on which the purported nonconformity is located.
2840 (C) Ordinary Repair and Maintenance
2841 Normal maintenance and incidental repair or replacement, and installation or relocation
2842 of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be
2843 performed on any structure that is devoted in whole or in part to a nonconforming use or
2844 structure.
2845 (D) Nonconformities and Variances
2846 (1) The granting of a variance for a lot or structure that would otherwise comply with
2847 this Code shall not create a nonconformity upon the approval of the variance.
2848 (2) When a property owner or authorized agent is granted a variance for a
2849 nonconforming structure or lot that addresses all nonconformities, the structure or
2850 lot shall no longer be considered nonconforming.
2851 2.12.3 Nonconforming and Pre-Existing Uses
2852 (A) Change in Use
2853 (1) Unless a use is identified as a pre-existing use in Table 2.7-1, a nonconforming use
2854 of land or of a structure shall not be changed to any use other than to a use
2855 permissible in the applicable zoning district.
2856 (2) When such nonconforming use has been changed to a permissible use, it shall only
2857 be thereafter used for a use permissible in the applicable zoning district.
2858 (3) For purposes of this subsection, a use shall be deemed to have been changed when
2859 an existing nonconforming use has been terminated and the permissible use has
2860 commenced and continued for a period of one month.
2861 (B) Extensions or Expansions
2862 Nonconforming and pre-existing uses shall not be extended, expanded, enlarged or
2863 increased in intensity. Such prohibited activity shall include:
2864 (1) Extension of such use to any structure or land area other than that occupied by such
2865 nonconforming use on the effective date of this Code, or any amendment to this
2866 Code that causes such use to become nonconforming.
2867 (2) Extension of such use within a building or other structure to any portion of the
2868 floor area that was not occupied by such nonconforming use on the effective date
2869 of this Code, or any amendment to this Code that causes such use to become
2870 nonconforming.
2871 (3) Operation of such nonconforming use in a manner that conflicts with, or to further
2872 conflict with, this Code or any amendments to this Code, or any use limitations
2873 established for the district in which such use is located.
2874 (4) New construction, reconstruction, or structural alteration.
2875 (C) Relocation
2876 No structure that is devoted in whole or in part to a nonconforming or pre-existing use
2877 shall be relocated in whole or in part to any other location on the same or any other lot,
2878 unless the entire structure and the use of the structure after its relocation conform to all
2879 the regulations of the district in which the structure and use are located after being so
2880 relocated.

DRAFT 5-26-09
2881 (D) Abandonment or Discontinuance

2882 (1) When a nonconforming use of land or a nonconforming use of part or all of a
2883 structure is discontinued or abandoned for a period of 365 consecutive days
2884 (regardless of any reservation of an intent not to abandon and to resume such use),
2885 such use shall not thereafter be reestablished or resumed. Any subsequent use or
2886 occupancy of such land or structure shall comply with the regulations of the district
2887 in which such land or structure is located.
2888 (2) Pre-existing uses are exempt from paragraph (1) above; however, only a use
2889 classified as the same as the abandoned pre-existing use may be permitted in the
2890 structure or on the land. For example, only a restaurant may be permitted in a
2891 structure or on land that was formerly used as a restaurant.
2892 (E) Damage or Destruction
2893 (1) In the event that any structure that is devoted in whole or in part to a
2894 nonconforming use is damaged or destroyed, by any means, to the extent of more
2895 than 75 percent of the assessed fair market value of such structure immediately
2896 prior to such damage, such structure shall not be restored unless the structure and
2897 the use will conform to all regulations of the district in which the structure and use
2898 are located.
2899 (2) When such damage or destruction is 75 percent or less of the assessed fair market
2900 value of the structure immediately prior to such damage, such structure may be
2901 repaired and reconstructed and used for the same purposes as it was before the
2902 damage or destruction, provided that such repair or reconstruction is commended
2903 and completed within 12 months of the date of such damage or destruction.
2904 (3) Pre-existing uses shall be exempt from the above damage and destruction
2905 provisions. If a structure that contained a pre-existing use is damaged or destroyed
2906 to any extent, it may be fully reconstructed. Any new structure or reconstruction
2907 shall be contained with the same footprint of the previous structure and shall not
2908 exceed the height of the previous structure.
2909 2.12.4 Nonconforming Structures
2910 (A) Enlargement, Repair, Alterations
2911 Any nonconforming structure may be enlarged, maintained, repaired or altered provided,
2912 however, that no such enlargement, maintenance, repair or alteration shall either create an
2913 additional nonconformity or increase the degree of the existing nonconformity of all or
2914 any part of such structure.
2915 (B) Damage or Destruction
2916 (1) In the event that any nonconforming structure is damaged or destroyed, by any
2917 means, to the extent of more than 75 percent of the assessed fair market value of
2918 such structure immediately prior to such damage, such structure shall not be
2919 restored unless it will conform to the regulations of the district in which it is
2920 located.
2921 (2) When such nonconforming structure is damaged or destroyed, by any means by 75
2922 percent or less of the assessed fair market value of the structure immediately prior
2923 to such damage, such structure may be repaired or reconstructed, provided that the
2924 repairs or restorations begin and are diligently pursued to completion within 12
2925 months of the date of such damage.

DRAFT 5-26-09
2926 (C) Relocation

2927 No nonconforming structure shall be relocated in whole or in part to any other location
2928 on the same or any other lot unless the entire structure shall thereafter conform to the
2929 regulations of the district in which such structure is located after being relocated.
2930 (D) Nonconforming Accessory Uses and Structures
2931 No use or structure which is accessory to a principal nonconforming use or structure shall
2932 continue after such principal use or structure shall have ceased or terminated, unless such
2933 accessory use or structure shall thereafter conform to all the regulations of the district in
2934 which it is located.
2935 (E) Governmental Acquisition of a Portion of a Lot
2936 Governmental acquisition of a portion of a lot for a public purpose that results in
2937 reduction in a required yard or building setback below that required in the applicable
2938 zoning district shall not render the structure nonconforming.
2939 2.12.5 Nonconforming Lots of Record
2940 (A) Nonconforming Lots of Record in Residential Zoning Districts
2941 (1) Authority to Use for Single-Family Residence
2942 In any district in which single-family detached dwellings are a permitted use,
2943 notwithstanding the regulations imposed by any other provisions of this Code, a
2944 single-family detached dwelling which complies with the restrictions regulations of
2945 the paragraph below may be erected on a nonconforming lot that is not less than 25
2946 feet in width, and which:
2947 (a) Has less than the prescribed minimum lot area, width and depth, or any of
2948 them;
2949 (b) Is shown by a recorded plan or deed to have been a lot of record owned
2950 separately and individually from adjoining tracts of land at a time when the
2951 creation of a lot of such size, depth and width at such location would not
2952 have been prohibited by this Code or any other ordinance; and
2953 (c) Has remained in separate and individual ownership from adjoining tracts of
2954 land continuously since.
2955 (2) Regulations for Single-Family Use of Nonconforming Lots
2956 (a) The dwellings shall be placed on the lots so as to provide a yard on each side
2957 of the dwelling;
2958 (b) The sum of the widths of the two side yards on such lots shall not be less
2959 than the smaller of:
2960 (i) 25 percent of the width of the lot; or
2961 (ii) The minimum total for both side yards prescribed by the building envelope
2962 standards of said zoning district; and
2963 (iii) No side yard shall be less than three feet.
2964 (B) Nonconforming Lots of Record in the C2-B District
2965 For any nonconforming lot of record in the C2-B district, development may be authorized
2966 through a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit.

DRAFT 5-26-09
2967 (C) Nonconforming Lots of Record in the I1-B District

2968 For any nonconforming lot of record in the I1-B district, development may be authorized
2969 through a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit.
2970 (D) Governmental Acquisition of a Portion of a Lot
2971 Governmental acquisition of a portion of a lot for a public purpose that results in
2972 reduction in a required lot area or lot width below that required in the applicable zoning
2973 district shall not render the structure nonconforming.
2974
2975
2976

DRAFT 5-26-09
Article 3: DEVELOPMENT STANDARDS
2977 Article 3: Development Standards7

2978
2979 3.1 Measurements, Computations, and Exceptions ....................................................................... 80
2980 3.2 Site Development Standards ................................................................................................... 90
2981 3.3 General Development Standards ............................................................................................. 95
2982 3.4 Architectural Standards ......................................................................................................... 104
2983 3.5 Neighborhood Compatibility Standards ................................................................................ 113
2984 3.6 Landscape, Screening, and Buffering Standards ................................................................... 116
2985 3.7 Signage .................................................................................................................................. 130
2986 3.8 Off-Street Parking, Loading, and Mobility ........................................................................... 144
2987 3.9 Pedestrian Access and Circulation ........................................................................................ 161
2988 3.10 Basic Subdivision Requirements ........................................................................................... 163
2989 3.11 Subdivision Design Standards ............................................................................................... 170
2990 3.12 Development Standards for the FP-O District....................................................................... 186
2991 3.13 Development Standards for the WS-O District ..................................................................... 202
2992
2993 3.1 Measurements, Computations, and Exceptions

2994 3.1.1 Percentages and Fractions
2995 When a calculation or ratio established in this Code results in a fractional number or
2996 percentage, any fraction of ½ or less shall be rounded down to the next lower whole number
2997 and any fraction of more than ½ shall be rounded up to the next higher whole number. Any
2998 percentage of .5 percent or less shall be rounded down to the next lower whole number and any
2999 percentage greater than .5 percent shall be rounded up to the next higher whole number.
3000 3.1.2 Distance Measurements
3001 Unless otherwise expressly stated, distances specified in this Code are to be measured as the
3002 length of an imaginary straight line joining those points.
3003 3.1.3 Lot Area Measurements8
3004 (A) The area of a lot includes the total horizontal surface area within the lot’s boundaries
3005 minus any of the following, regardless of whether they may be used by the general public
3006 or are reserved for residents of the subdivision:
3007 (1) A vehicular or non-vehicular access easement through the parcel;
3008 (2) An easement for an open drainage course, whether a ditch, natural channel or
3009 floodway; and
3010 (3) Other easements restricting the use of the property.
3011 (B) 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.

DRAFT 5-26-09
3012 (C) With the exception of governmental acquisition of land as provided for in Section 2.12.5
3013 (D), Governmental Acquisition of a Portion of a Lot, no lot shall be reduced in area so
3014 that the lot area per dwelling unit, lot width, yards, building area, or other requirements of
3015 this code are not met.
3016 3.1.4 Lot Width Measurements
3017 Lot width is the distance between the side lot
3018 lines measured at the point of the front building
3019 line where a build-to line is established or
3020 between the side lots lines measured 30 feet from
3021 the front lot line where a minimum front yard
3022 setback is required. See Figure 3-1.
3023 3.1.5 Build-to-Line and Setback Requirements and
3024 Exceptions
3025 (A) Build-to Lines
3026 (1) Where a build-to-line is established,
3027 the front façade of the principal
3028 building shall be constructed along
3029 that build-to-line for the minimum
3030 percentage required. See Figure 3-1.
3031 (2) Eaves and other projections may
3032 encroach into the front yard, past
3033 the build-to-line, in accordance Figure 3-1: This image shows a building that
3034 with Section 3.1.5 (F), Allowed has 60 percent of the front building façade
3035 Encroachments into Setbacks and built to the build-to-line. In this case, the lot
3036 Build-to Lines. width is measured at the build-to-line.
3037 (3) The city planner may waive build-
3038 to line requirements for a project with more than one building, where the project
3039 street frontage is occupied by one or more buildings in compliance with applicable
3040 build-to line requirements and secondary buildings are placed on the site to the rear
3041 of the front buildings.
3042 (4) No portion of any structure, including eaves or roof overhangs, shall extend beyond
3043 a property line, or into an access easement or street right-of-way, except as
3044 provided by this section.
3045 (B) Setbacks
3046 (1) Setback standards provide open areas around structures for visibility and traffic
3047 safety, access to and around structures, access to natural light, ventilation and direct
3048 sunlight, separation between potentially conflicting activities, and space for
3049 privacy, landscaping, and recreation.
3050 (2) Each structure shall comply with the front, interior side, corner street side, and rear
3051 setback requirements of the applicable zoning district, except:
3052 (a) Where a front or street-side build-to line requirement is established by the
3053 applicable zoning district, in which case a proposed structure shall instead
3054 comply with the build-to line requirement;
3055 (b) Where a setback requirement is established for a specific land use type in
3056 Section 2.9, Use-Specific Standards;

DRAFT 5-26-09
3057 (c) In the case of development near a waterway, which shall comply with the
3058 setback requirements established by the WS-O district, where applicable;
3059 and
3060 (d) As otherwise provided by this section.
3061 (3) No portion of any structure, including eaves or roof overhangs, shall extend beyond
3062 a property line, or into an access easement or street right-of-way, except as
3063 provided by this section.
3064 (C) Exemptions from Setback and Build-to Line Requirements
3065 The minimum setback requirements and build-to line requirements of this Code do not
3066 apply to the following:
3067 (1) A building feature that encroaches into a required setback as allowed by Section
3068 3.1.5 (F), Allowed Encroachments into Setbacks and Build-to Lines.;
3069 (2) A fence or wall that is allowed pursuant to Section 3.3.1, Fencing and Walls;
3070 (3) A deck, earthwork, step, patio, free-standing solar device in other than in a front
3071 setback, or other site design element that is placed directly upon grade and does not
3072 exceed a height of 18 inches above the surrounding grade at any one point;
3073 (4) A sign in compliance with Section 3.7, Signage; or
3074 (5) A retaining wall less than 30 inches in height above finished grade.
3075 (D) Measurement of Setbacks and Build-to Lines
3076 Setbacks shall be measured as follows, unless otherwise established elsewhere in Section
3077 3.1, Measurements, Computations, and Exceptions, or in instances where the city planner
3078 may require different setback measurement methods because an unusual parcel
3079 configuration makes the following requirements infeasible or ineffective. See Figure 3-2.
3080 (1) General Requirements
3081 (a) A front setback shall be measured at right angles from the nearest point on
3082 the public right-of-way at the front of the parcel to the nearest point of the
3083 wall of the structure, except as provided for in this subsection. The front
3084 property line is the narrowest dimension of a lot adjacent to a street.
3085

DRAFT 5-26-09
Figure 3-2: Setback locations and traffic safety visibility

triangle.
3086
3087 (b) If the city has established a plan that identifies a right-of-way for the future
3088 construction of a new street or the widening of an existing street, a required
3089 front or street side setback, or build-to line, shall be measured from the line
3090 shown on the plan.
3091 (c) Where the city has established specific setback requirements for individual
3092 single-dwelling parcels through the approval of a specific plan, subdivision
3093 map, or other entitlement, prior to the effective date of this Code, those
3094 setbacks shall apply to infill development within the approved project
3095 instead of the setbacks required by this Code.
3096 (2) Corner Lots
3097 (a) The front setback or build-to line shall be measured from the nearest point of
3098 the wall of the structure to the nearest point of the most narrow street
3099 frontage property line. If the property lines on both street frontages are of the
3100 same length, the property line to be used for front setback measurement shall
3101 be determined by the city planner.
3102 (b) For the purposes of accessory uses, the rear yard shall be the setback that is
3103 on the opposite side of the lot from the front setback (front yard) from the
3104 street on which the building faces. See rear setback location on Figure 3-2.
3105 (c) The side setback or side build-to-line on the street side of a corner parcel
3106 shall be measured from whichever of the following points results in the
3107 greatest setback from an existing or future roadway:
3108 (i) The nearest point on the side property line bounding the street;
3109 (ii) The inside edge of the sidewalk; or
3110 (iii) The boundary of a planned future right-of-way established as described in Section
3111 3.1.5 (D) (1), General Requirements.

DRAFT 5-26-09
3112 (3) Double-frontage Lots

3113 (a) A double-frontage lot is considered to have two front lot lines and a required
3114 front setback or build-to-line shall be provided from both front lot lines. See
3115 Figure 3-3.
3116 (i) Vehicular access onto a double frontage lot shall generally be from the street with the
3117 lowest existing and projected traffic volumes, but with the proposed building
3118 designed so that its primary facade faces the higher volume street.
3119 (ii) The city engineer may authorize alternative access locations where appropriate
3120 because of localized traffic conditions, and/or nearby residential areas that would be
3121 adversely affected by increased traffic.
3122 (iii) For the purposes of accessory uses and structures, the rear yard shall be considered
3123 the yard that that is behind the front, or principal, façade of the building.
3124
3125
3126
3127
3128
3129
3130
3131
3132
3133
3134
3135
3136
3137
3138
3139
3140
3141
3142
3143
3144 Figure 3-3: Illustration of a double frontage lot,
3145 related lot lines, and related yards.
3146 (b) See Section 3.11.2(G), Double Frontage Lots regarding the limited
3147 circumstances where new double frontage lots are allowed.
3148 (c) Reverse frontage on double frontage lots shall be regulated by Section 3.4.2,
3149 Reverse Frontage.
3150 (4) Side Setbacks
3151 The side setback shall be measured at right angles from the nearest point on the
3152 side property line of the parcel to the nearest point of the wall of the structure;
3153 establishing a setback line parallel to the side property line, which extends between
3154 the front and rear setbacks. See Figure 3-2.

DRAFT 5-26-09
3155 (5) Rear Setbacks

3156 (a) The rear setback shall be measured at right angles from the nearest point on
3157 the rear property line to the nearest part of the structure, establishing a
3158 setback line parallel to the rear property line. See Figure 3-2.
3159 (b) Where a parcel has no rear lot line because its side lot lines converge to a
3160 point, the city planner shall be responsible for determining the location of the
3161 rear setback.
3162 (E) Limitations on the Use of Setbacks for Structures
3163 A required setback area shall not be occupied by structures other than:
3164 (1) The fences and walls permitted by Section 3.3.1, Fencing and Walls;
3165 (2) Accessory uses permitted in the established yard per Section 2.10, Accessory Uses
3166 and Structures; and
3167 (3) The projections into setbacks allowed by Section 3.1.5(F), Allowed Encroachments
3168 into Setbacks and Build-to Lines, and the applicable zone.
3169 (F) Allowed Encroachments into Setbacks and Build-to Lines
3170 An architectural feature attached to a primary structure may extend beyond the wall of
3171 the structure and into a required front, side, or rear setback in compliance with Table
3172 3.2-1. See also Figure 3-4. These requirements do not apply to accessory structures,
3173 which are instead subject to Section 2.10, Accessory Uses and Structures.
3174

DRAFT 5-26-09
3175
Table 3.1-1: Allowed Projections and Encroachments
Allowed Encroachment
Projecting/Encroaching Feature Front or Street Side
Side Setback Rear Setback
Setback
Attached deck, landing, porch, stoop, or 25% of setback to a
stairway that is uncovered, unenclosed, and maximum of five May project to property line
less than 18 inches above grade feet.
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 five
[1] [1]
otherwise unenclosed feet.
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
five 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] five feet [1]
NOTES:
[1] The feature may project no closer than 36 inches to any side or rear property/lot line.
3176
3177
3178
3179 Figure 3-4: Allowed projections and encroachments.
3180
3181 (G) Setback Requirements for Specific Structures
3182 A detached deck, steps, terrace, or other site design element that is placed directly upon
3183 the grade, and that exceeds a height of 18 inches above the surrounding grade at any
3184 point, shall comply with the setback requirements of this Code for detached accessory
3185 structures in Section 2.10, Accessory Uses and Structures.

DRAFT 5-26-09
3186 3.1.6 Height Measurement, Limits, and Exceptions

3187 (A) The height of each structure shall not exceed the height limit established for the
3188 applicable zoning district (See Section 3.2, Site Development Standards) except as
3189 otherwise provided by this subsection.
3190 (B) The maximum allowable height shall be measured as the vertical distance from the
3191 natural grade of the site to an imaginary plane located at the maximum allowed number
3192 of feet above and parallel to the grade (See Figure 3-5). The location of natural grade
3193 shall be determined by the city planner, and shall not be artificially raised to gain
3194 additional building height.
Figure 3-5: Maximum allowable height.

3195
3196
3197 (C) Where specified in feet, building height shall be measured as the vertical distance from
3198 grade at the base of the structure to (See Figure 3-6):
3199 (1) The highest point of a flat roof;
3200 (2) The deck line of a mansard roof; or
3201 (3) The mean height between the eaves and ridge on gable, hip, or gambrel roofs.
3202
3203

DRAFT 5-26-09
3204 (4)
3205 Figure 3-6: The height of a structure is measured based on the roof type.
3206
3207 (D) Exceptions to Height Limits
3208 The following structures and structural features may exceed the height limits of this Code
3209 as noted:
3210 (1) Architectural features including a chimney, cupola, monument, mechanical
3211 equipment, or vent may exceed the height limit by a maximum of three feet. A
3212 spire, theater scenery loft, tower, or other uninhabitable feature may exceed the
3213 height limit by 25 feet for nonresidential uses.
3214 (2) The height of telecommunications facilities, including antennas, poles, towers, and
3215 necessary mechanical appurtenances, shall comply with Section 2.9.15,
3216 Telecommunication Facilities and Antennas.
3217 (3) The height of wind energy turbines shall comply with Section 2.10.4(N), Wind
3218 Energy Turbines (WET).
3219 (E) Height Limit at Street Corners (Traffic Safety Visibility Triangle)
3220 Development proposed adjacent to any public or private street or alley intersection in
3221 every district except the R1-B, N1-B, and C1-B9 shall be designed to provide a traffic
3222 safety visibility area for pedestrian and traffic safety. See Figure 3-2, Error! Reference
3223 source not found.3.7, and Figure 3-8.
3224 (1) A traffic safety visibility area, which may include private property and/or public
3225 right-of-way, is a triangle area defined by measuring 35 feet from the intersection
3226 of the extension of the front and side street curb lines (or the right-of-way lines
3227 where there is no curb) and connecting the lines across the property. See Error!
3228 Reference source not found.3.7.
9
These districts are exempted because the build-to-lines are shorter than the traffic visibility requirements.

DRAFT 5-26-09
3229
3230 Figure 3-7: Traffic safety visibility triangle for intersecting streets.
3231
3232
3233 (2) For intersections of streets and driveways, the traffic safety visibility area shall be
3234 created by measuring 25 feet from the edge of the driveway along the street and 20
3235 feet along the driveway, perpendicular from the street. See Figure 3-8.
3236
3237 Figure 3-8: Traffic safety visibility triangle for driveway and street intersections.
3238
3239 (3) The city planner, in consultation with the city engineer, may reduce the distance
3240 requirement where it determines a narrow parcel frontage would excessively reduce
3241 buildable area.
3242 (4) No structure, sign, or landscape element shall exceed 30 inches in height, measured
3243 from the top of the curb, within the traffic safety visibility area, unless approved by
3244 the city engineer.
3245 (5) An exception to this requirement shall be for existing trees where the canopy is
3246 trimmed to a minimum of eight feet above grade.

DRAFT 5-26-09
3247 3.2 Site Development Standards

3248 3.2.1 Purpose
3249 The purpose of these site development standards is to further the purpose of this Code and the
3250 goals and policies of the comprehensive plan. Furthermore, these standards are intended to
3251 establish appropriate lot dimensions within each zoning district, provide for appropriate scale
3252 structures, and prescribe how structures will relate to a vibrant, pedestrian friendly streetscape.
3253 3.2.2 Residential Site Development Standards
3254 (A) Table 3.2-1 establishes the sited development standards for the residential districts.
3255
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
Permitted Density Lot Width and Lot Width and
per acre (Gross) per acre (Gross) (D)
Lot Depth Lot Depth
Build-to Line
Front Street (A) 20 Feet Not Applicable Not Applicable Not Applicable 1520 Feet
Side Street (B) 10 Feet Not Applicable Not Applicable Not Applicable 10 Feet
Minimum % of
Façade to Meet Front 60% [1] Not Applicable Not Applicable Not Applicable 60% [1]
Street Build-to Line
Minimum % of
Façade to Meet Side 30% [1] Not Applicable Not Applicable Not Applicable 30% [1]
Street Build-to Line
Setbacks
Front Not Applicable 30 30 Not Applicable
Side (C) 5 feet 30 30 See Sec. 2.3.2 5 Feet
Rear (D) 25 feet 30 30 (D) 25 Feet
Between Buildings Not Applicable 10 10 Not Applicable
5 feet from the 5 feet from the
Garage Façade
main façade of Not Applicable Not Applicable Not Applicable main façade of
Setback
the building the building
Lot Depth
Max. Lot Depth (H) 150 feet Not Applicable Not Applicable Not Applicable 150 Feet
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
Two-Family Dwelling 60-85 Feet Not Applicable Not Applicable 60-85 Feet
(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
by the Planning See Sec. 2.3.2 by the Planning
Other UsesForms Not Applicable Not Applicable
Commission in (D) Commission in
the CUP review the CUP review

DRAFT 5-26-09
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
Building Height
Max. Building Height 2 stories or 30 See Sec. 2.3.2 two stories or 30
30 feet [3] 30 feet [3] [4]
(I) feet (D) feet
Finish Ground Floor Min. 18 inches Min. 18 inches
Not Applicable Not Applicable Not Applicable
Level [5] [6] (J) above sidewalk above sidewalk
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.
3256
3257
3258
3259 Figure 3-9: Illustrative examples of residential site development standards.
3260
3261
3262 (B) Building Orientation in Residential Districts
3263 All residential development shall be located parallel to the associated street or be
3264 consistent with existing development patterns rather than being sited at unconventional
3265 angles, unless irregular lot layouts require alternative orientations. Such alternative
3266 orientations shall be subject to approval by the city planner. Figure 3-10.

DRAFT 5-26-09
3267
Figure 3-10 Example of residential development that is

oriented toward the primary street.
3268
3269 3.2.3 C1-B District Site Development Standards
3270 (A) Figure 3-11 identifies the building placement requirements for the C1-B district.
3271
3272 Figure 3-11: Site development standards for the C1-B district.
3273
3274 (B) Buildings located on a corner lot shall be constructed to meet the build-to-line at the
3275 corner and for a minimum of 30 feet in each direction from the corner. See notations “E”
3276 and “F” in Figure 3-11.

DRAFT 5-26-09
3277 (C) Any section along the build-to-line that is not defined
3278 by a building must be defined by a two-foot, six-inch
3279 high fence or stucco or masonry wall, as approved by
3280 the HPC as part of the certificate of appropriateness
3281 review.
3282 (D) All floors must have a primary ground floor entrance
3283 that faces the primary or side street.
3284 (E) To maintain the façade rhythm in the C1-B district,
3285 building façades that front a street shall incorporate
3286 façade variations a minimum of every 25 feet. See
3287 Figure 3-12.
3288
3289
3290
3291 Figure 3-12: This building uses
3292 pilasters to divide a single façade
3293 into distinct vertically-oriented
3294 storefronts that maintain the
3295 building rhythm along the street.
3296
3297 (F) Figure 3-13 identifies the building height requirements for the C1-B district.
3298
3299 Figure 3-13: Height requirements for principal buildings in the C1-B district.
3300
3301
3302 (G) Buildings that include more than 12 dwelling units must provided for adequate common
3303 open space in the form of a community room, roof terrace, or courtyard.

DRAFT 5-26-09
3304 (H) The maximum height established for the C1-B district in Figure 3-13 may be exceeded
3305 only when approved as part of a conditional use permit pursuant to Section 5.5.9,
3306 Conditional Use Permit.
3307 3.2.4 C2-B District Site Development Standards
3308 (A) The minimum lot size shall be 20,000 square feet.
3309 (B) The minimum lot width shall be 60 feet.
3310 (C) The front build-to line shall be within 30 to 65 feet of a lot line that is adjacent to a
3311 street.10
3312 (D) The minimum side yard setback shall be ten feet.
3313 (E) The maximum height of any building shall be 50 feet unless authorized by a conditional
3314 use permit.
3315 (F) The maximum lot coverage by all buildings, structures, and impervious surfaces shall be
3316 75 percent.
3317 (G) More than one principal building may be located on a single lot.
3318 3.2.5 I1-B District Site Development Standards
3321 (C) The minimum front yard setback shall be 20 feet.
3322 (D) The minimum side yard setback shall be 15 feet from a lot line or 20 feet from a street.
3323 (E) The maximum height shall be 50 feet unless authorized by a conditional use permit.
3324 3.2.6 AH-S District Site Development Standards
3325 (A) The minimum lot size shall be 35 acres unless a smaller lot or lots is part of an approved
3326 annexation process in which case, the smaller lots shall be permitted and shall be
3327 considered to be legally conforming lots.
3328 (B) The minimum front yard setback is 70 feet.
3329 (C) The minimum rear yard setback shall be:
3330 (1) 50 feet for nonagricultural structures;
3331 (2) 100 feet for structures used to house livestock; and
3332 (3) Ten feet for accessory buildings.
3333 (D) The minimum side yard setback shall be:
3334 (1) 15 feet for nonagricultural structures;
3335 (2) 100 feet for structures used to house livestock; and
3336 (3) Ten feet for accessory buildings.
3337 (E) The maximum height of principal buildings shall be 50 feet except for agricultural
3338 structures such as, but not limited to, silos and barns.
3339 3.2.7 CD-S District Site Development Standards
3340 (A) The maximum lot coverage by all buildings, structures, and impervious surfaces in the
3341 PTA shall be 40 percent.
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.

DRAFT 5-26-09
3342 (B) More than one principal building may be located on a single lot.
3343 3.2.8 ED-F District Site Development Standards
3346 (C) The front build-to line shall be within 30 to 65 feet of a lot line that is adjacent to a street.
3347 (D) The front building façade shall occupy a minimum of 60 percent of the lot width.11
3348 (E) The minimum side yard setback shall be ten feet from a lot line or 20 feet from a side
3349 street.
3350 (F) The maximum height shall be 50 feet unless authorized by a conditional use permit.
3351 (G) More than one principal building may be located on a single lot.
3352 3.3 General Development Standards

3353 3.3.1 Fencing and Walls
3354 (A) Applicability
3355 (1) The requirements of this section shall apply to all fences and walls unless otherwise
3356 stated.
3357 (2) A fence or wall in an area subject to flooding identified on a Federal Flood
3358 Insurance Rate Map (FIRM) on file in the city planner’s office shall require a
3359 zoning certificate, and shall comply with all requirements of the city engineer in
3360 addition to the requirements of this section.
3361 (3) These regulations do not apply to fences or walls required by regulations of a state
3362 or federal agency, or by the city for reasons of public safety.
3363 (4) A zoning certificate shall be required for all fences and walls. A building permit
3364 may also be required.
3365 (B) General Requirements12
3366 These requirements apply to fences in all zoning districts:
3367 (1) The finished side of a fence shall face the adjacent property.
3368 (2) All fences shall comply with the sight distance triangle requirements of Section
3369 3.1.6 (E).
3370 (3) All fences, including footings, shall be located entirely upon the property whose
3371 owner or occupant constructs the fence. It is the property owner's or occupant's
3372 responsibility to locate property lines prior to installing a fence.
3373 (4) With the exception of "invisible fences" (underground electric fences) to control
3374 movement of domestic animals, razor wire fencing, concertina, electrical fences,
3375 barbed wire fences, and chicken wire fences are prohibited.
3376 (5) Fences used to enclose an outdoor pool shall meet the requirements of Section
3377 2.10.4 (L), Swimming Pools, Hot Tubs, and Spas.
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.

DRAFT 5-26-09
3378 (6) All fences shall be maintained in good repair. Any fence that is potentially
3379 dangerous or in disrepair shall be removed or repaired.
3380 (7) No temporary fence, such as a snow fence or erosion control fence, shall be
3381 permitted on any property for a period in excess of 30 days unless approved by the
3382 city engineer.
3383 (8) The city planner may authorize temporary fencing that is necessary to protect
3384 archaeological or historic resources, trees, or other similar sensitive features during
3385 site preparation and construction. Such fencing shall be removed upon completion
3386 of construction.
3387 (9) Fencing may be allowed in drainage and utility easement areas in side and rear
3388 yards, but is installed at the property owner’s risk (i.e., the city will not be
3389 responsible for repairing or replacing the fence if work needs to be done in the
3390 easement.).
3391 (C) Height
3392 (1) Fences shall be measured from grade to the height of the fence (not the support
3393 structures).
3394 (2) All fences more than six feet in height require a building permit.
3395 (3) Fences around dog kennels shall be limited to eight feet in height.
3396 (4) Fences in residential zoning districts shall be limited to four feet in height in front
3397 yards and corner side yards. Fences in side and rear yards shall be limited to six
3398 feet in height.
3399 (5) Fences in commercial and industrial zoning districts shall be limited to four feet in
3400 the front yard and to eight feet in side, corner side and rear yards.
3401 (D) Retaining Walls
3402 (1) An embankment to be retained on any lot that exceeds 48 inches high shall be
3403 benched so that no individual retaining wall exceeds a height of six feet except
3404 where the city engineer determines that topography requires a wall of greater
3405 height, and each bench is a minimum width of 36 inches. See Figure 3-14.
3406 (2) Retaining walls over 48 inches, measured from the top of the footing to the top of
3407 the wall, are required to be designed and certified by a registered professional
3408 engineer licensed in Minnesota. A copy of the signed construction drawing should
3409 be submitted with a site plan or building permit in the case of a residential
3410 application.
3411 (3) Any retaining wall shall be approved by the city planner, in consultation with the
3412 city engineer, who will review the retaining wall’s effects on drainage and erosion
3413 on the property and the neighboring properties.

DRAFT 5-26-09
3414
Figure 3-14: Retaining shall be benched, or

terraced, so that no individual wall exceeds a
height of six feet.
3415
3416 3.3.2 Outdoor Dining, Display, and Storage
3417 (A) Outdoor Dining Areas
3418 (1) Outdoor dining in a public right-of-way shall be subject to Northfield City Code,
3419 sections 6-70 and 14-190.
3420 (2) Outdoor dining areas on a private property shall be regulated as follows:
3421 (a) An outdoor dining area may be allowed accessory and incidental to a
3422 restaurant with indoor eating area on the same site; provided, the outdoor
3423 eating area shall comply with the parking requirements of Section 3.8, Off-
3424 Street Parking, Loading, and Mobility.
3425 (b) Outdoor dining areas shall be designated on the site plan.
3426 (c) If no grade separation is provided between vehicular traffic and the outdoor
3427 dining area, permanent railings or fencing shall be provided around the
3428 dining area. If the outdoor dining area is adjacent to a street or area that is
3429 closed to vehicular traffic, no railing or fencing shall be required.
3430 (d) Umbrellas, or other protective elements, that shelter diners from the
3431 elements shall be secured so as not to create a hazard.
3432 (e) Enclosing an outdoor dining area either by a permanent roof or to expand the
3433 existing structure shall meet all the requirements of a building within the
3434 applicable zoning district and shall require the issuance of a zoning
3435 certificate.
3436 (B) Outdoor Sales and Storage of Goods and Materials
3437 (1) Seasonal Agricultural Sales
3438 Seasonal agricultural sales are regulated in Section 2.11.4(E), Seasonal Agricultural
3439 Sales.

DRAFT 5-26-09
3440 (2) Outdoor Sale and Display Areas

3441 Temporary and permanent facilities for outdoor display sales (e.g., garden supply
3442 sales, news and flower stands, and similar uses) may be permitted in the C1-B and
3443 C2-B districts upon compliance with the following provisions:
3444 (a) Outdoor sale and display areas are prohibited on vacant lots unless approved
3445 in advance by the city planner as a temporary use.
3446 (b) Outdoor sale and display areas may be permitted provided that the
3447 merchandise is displayed along the sidewalk, the walkway adjacent to the
3448 building, or in the side yard.
3449 (c) The placement of the merchandise shall not interfere with customer
3450 movement on any sidewalk or walkway. A minimum of five feet of the
3451 sidewalk or walk way shall be clear of merchandise to allow for safe
3452 pedestrian movement.
3453 (d) The outdoor display and sale of bulk or large products that exceed 20
3454 pounds, including, but not limited to mulch (bag or bulk), concrete, salt, or
3455 other similar products that cannot be easily carried into the store for
3456 purchase shall be required to meet the requirements of Section 3.3.2(B)(4),
3457 Outdoor Storage of Goods.
3458 (e) Temporary outdoor sales and display areas may be authorized in a parking
3459 lot under the following provisions:
3460 (i) The maximum time the temporary outdoor sales and display areas shall be
3461 authorized is for 90 days per year;
3462 (ii) Temporary outdoor sales and display areas shall only be authorized with a
3463 Temporary Use Permit pursuant to Section 5.5.2, Temporary Use Permit;
3464 (iii) In no case shall the outdoor sales or display area reduce the amount of off-street
3465 parking spaces to a number below the minimum number of required spaces; and
3466 (iv) The area of the parking lot to be used for temporary sales shall be marked by
3467 surface painting on the parking lot to ensure compliance with these provisions.
3468 (3) Storage of Materials
3469 No front or street side setback shall be used for the storage of building materials,
3470 scrap, junk, machinery, indoor furniture, or similar materials, except for building
3471 materials required during an on-site construction project with a valid Building
3472 Permit.
3473 (4) Outdoor Storage of Goods
3474 Outdoor storage areas may be permitted where such storage areas comply with the
3475 following regulations:
3476 (a) Outdoor storage of goods shall be prohibited on vacant lots.
3477 (b) Outdoor storage shall comply with all applicable state and federal
3478 regulations.
3479 (c) Outdoor storage of goods may be permitted provided that the storage areas
3480 are located in the side or rear yard. In no cases shall the outdoor storage of
3481 goods be permitted between a principal building and a street.
3482 (d) Storage of any goods or materials shall not exceed six feet in height unless
3483 the storage is fully screened by a six-foot high fence or wall that is

DRAFT 5-26-09
3484 architecturally compatible with the main structure in material type and color.
3485 See Figure 3-31 in Section 3.6.10(D), Fence or Wall Screens.
3486 3.3.3 Outdoor Lighting Standards
3487 (A) Purpose
3488 The purpose of this section is to regulate the spillover of light and glare on operators of
3489 motor vehicles, pedestrians, and land uses in the proximity of the light source. With
3490 respect to motor vehicles in particular, safety considerations form the basis of the
3491 regulations contained in this section. In other cases, both the nuisance and hazard aspects
3492 of glare are the basis for these regulations.
3493 (B) Outdoor Lighting Plan
3494 (1) An exterior light plan shall be required for the installation or modification of
3495 exterior lights for any project requiring site plan review (See Section
3496 5.5.1(B)(3)Type 3 Review Procedure).
3497 (2) The lighting plan shall be prepared by a certified architect, landscape architect or
3498 lighting designer.
3499 (3) The applicant must provide a plan that identifies the location, height and type of
3500 luminaries and shows how the applicant intends to comply with this section.
3501 (4) A photometric plan of the site and fixture data sheets must be submitted with the
3502 site plan in order to determine the effect of the luminaries on surrounding
3503 properties.
3504 (C) Outdoor Lighting Standards
3505 (1) Outdoor lighting shall meet one of the standards of this subsection.
3506 (2) The placement of light poles within raised curb planter areas or landscaped islands
3507 is encouraged, but conflicts with parking lot trees that can obscure the lighting shall
3508 be avoided through alternative lighting locations.
3509 (3) All wiring, fittings, and materials used in the construction, connection and
3510 operation of electrically illuminated signs shall be in accordance with the
3511 provisions of the state electrical code in effect.
3512 (4) The maximum height of a light fixture, either mounted on a pole or on a structure,
3513 is established in Table 3.3-1.
3514
Table 3.3-1: Maximum Height of a Light Fixture
Maximum Height of
Maximum Height of 90O Cutoff
District Non-Cutoff Lighting
Lighting (See Figure 3-15)
(See Figure )
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.
3515

DRAFT 5-26-09
3516
3517 Figure 3-15: Cutoff and non-cutoff lighting.
3518
3519 (5) Illumination Standards
3520 (a) Outdoor lighting shall not be designed or located in such a way as to shine
3521 directly into an adjacent dwelling unit, regardless of the applicable zoning
3522 district.
3523 (b) The maximum illumination permitted in each district type, as demonstrated
3524 by a photometric drawing, shall be as follows:
3525
Table 3.3-2: Maximum Illumination Level at the Property Line
Maximum Illumination Maximum Illumination
District across the Property or Area at the Property Line
(average footcandles) (footcandles)
R2-B, R3-B, R4-B, and NC-F
1.5 0.1
districts
0.1 when adjacent to a
C1-B, C2-B, I1-B, CD-S, PI-S, and residential use or 2.5
2.5
ED-F districts when adjacent to lot in the
same district
0.1 when adjacent to a
residential use or 0.5
Parking lots of six spaces or more 2.0
when adjacent to a
nonresidential use
3526 (c) When parking lots are within 15 feet of a property line, cutoff lights shall be
3527 utilized to maintain the illumination levels at the property line as cited in
3528 Table 3.3-2.
3529 (d) Wall packs on buildings may be used at entrances to a building to light
3530 unsafe areas. They are not intended to draw attention to the building or
3531 provide general building or site lighting. "Wall Packs" on the exterior of the
3532 building shall be fully shielded (true cut-off type bulb or light source not
3533 visible from off-site) to direct the light vertically downward.

DRAFT 5-26-09
3534 (6) Nonconforming Outdoor Lighting

3535 (a) The nonconforming use of lighting may continue until the luminaire (total
3536 fixture, not just the bulb) is replaced, at which point the lighting shall be
3537 subject to all the standards of this subsection with the exception of the
3538 maximum height.
3539 (b) When a nonconforming lighting fixture, including the pole or support, is
3540 removed, the lighting fixture shall lose its legal nonconforming status and all
3541 new lighting shall be subject to all standards of this subsection.
3542 3.3.4 Performance Standards
3543 (A) Purpose
3544 This section provides performance standards that are intended to minimize various
3545 potential operational impacts of land uses and development within the city, and promote
3546 compatibility with adjoining areas and land uses.
3547 (B) Applicability
3548 The provisions of this section apply to all new and existing land uses, including
3549 permanent and temporary uses in all zoning districts, unless an exemption is specifically
3550 provided. Uses existing on the effective date of this section shall not be altered or
3551 modified thereafter to conflict with these standards.
3552 (C) Air Emissions
3553 No visible dust, gasses, or smoke shall be emitted, except as necessary for the heating or
3554 cooling of structures, and the operation of motor vehicles on the site.
3555 (D) Combustibles and Explosives
3556 The use, handling and transportation of combustibles and explosives shall comply with
3557 the International Fire Code and is subject to review by the Minnesota Department of
3558 Transportation.
3559 (E) Dust
3560 Dust control standards are found in City Code Section <>.
3561 (F) Ground Vibration
3562 No ground vibration shall be generated that is perceptible without instruments by a
3563 reasonable person at the property lines of the site, except for vibrations from temporary
3564 construction or demolition activities, and motor vehicle operations.
3565 (G) Light and Glare
3566 Outdoor lighting shall comply with the requirements of Section 3.3.3, Outdoor Lighting
3567 Standards.
3568 (H) Liquid Waste
3569 No liquid, including dewatering waste, shall be discharged into a public or private body
3570 of water, sewage system, watercourse, or into the ground, except in compliance with
3571 applicable local and state regulations.
3572 (I) Noise
3573 (1) It shall be unlawful to make, continue or cause to be made or continue any noise in
3574 excess of the noise levels set forth in this section unless such noise is reasonably
3575 necessary to the preservation of life, health, safety or property.

DRAFT 5-26-09
3576 (2) Any activity not expressly exempted by this section which creates or produces
3577 sound, regardless of frequency, exceeding the ambient noise levels at the property
3578 line of any property or if a condominium or apartment house within any adjoining
3579 apartment by more than six decibels above the ambient noise levels as designated
3580 in the Table 3.3-3 at the time and place and for the duration then mentioned shall
3581 be deemed to be a violation of the section, but any enumeration in this subsection
3582 shall not be deemed to be exclusive:
3583
Table 3.3-3: Maximum Decibels by District
7:00 a.m.--6:00 p.m. 6:00 p.m.--7:00 a.m. 6:00 p.m.--7:00 a.m.
Duration of Sound
(All districts) (Residential districts) (All other districts)
Less than ten minutes 75 db 60 db 70 db
Between ten minutes and
70 db 50 db 60 db
two hours
In excess of two hours 60 db 40 db 50 db
3584
3585 (3) In determining whether a particular sound exceeds the maximum permissible sound
3586 level in the table in subsection (2) of this section:
3587 (a) Sounds in excess of the residential district limitations as measured in a
3588 residential district are violative of this section whether the sound originates
3589 in a residential district or any other district.
3590 (b) During all hours of Sundays and state and federal holidays, the maximum
3591 allowable decibel levels for residential districts are as set forth in column
3592 entitled 6:00 p.m. – 7:00 a.m. (Residential Districts) of Table 3.3-3.
3593 (4) Sounds emanating from the operation of motor vehicles on a public highway;
3594 aircraft; outdoor implements such as power lawn mowers, snow blowers, power
3595 hedge clippers, and power saws; and pile drivers or jackhammers and other
3596 construction equipment are exempt from this section.
3597 (5) Sounds emanating from lawful and proper activities at school grounds,
3598 playgrounds, parks or places wherein athletic contests take place are exempt from
3599 this section.
3600 (J) Odor
3601 No obnoxious odor or fumes shall be emitted that are perceptible without instruments by
3602 a reasonable person at the property line of the site.
3603 (K) Radioactivity, Electrical Disturbance or Electromagnetic Interference
3604 None of the following shall be emitted:
3605 (1) Radioactivity, in a manner that does not comply with all applicable State and
3606 Federal regulations; or
3607 (2) Electrical disturbance or electromagnetic interference that interferes with normal
3608 radio or television reception or with the function of other electronic equipment
3609 beyond the property line of the site; or that does not comply with all applicable
3610 Federal Communications Commission (FCC) and other applicable state and federal
3611 regulations.

DRAFT 5-26-09
3612 (L) Vacant Buildings

3613 Large abandoned buildings and sites cause negative visual and fiscal concerns for the
3614 community. Therefore, in order to minimize these instances upon the community, and in
3615 addition to this and other applicable codes and ordinances, the following shall apply to
3616 vacated building(s) or development reviewed under this section:
3617 (1) Exterior Surfaces
3618 All exterior surfaces, including but not limited to, doors, door and window frames,
3619 cornices, porches and trim shall be maintained in good repair. Exterior wood
3620 surfaces, other than decay resistant materials, shall be protected from the elements
3621 and decay by painting or other protective coverage or treatment. Peeling, flaking
3622 and chipped paint shall be eliminated and surfaces repaired. All siding and masonry
3623 joints shall be maintained weather resistant and watertight;
3624 (2) Exterior Walls
3625 Exterior walls of buildings shall be maintained free from holes, breaks, loose or
3626 rotting materials, and graffiti; and shall be maintained weatherproof and properly
3627 surface coated as needed to prevent deterioration.
3628 (3) Roofs
3629 Roofs of buildings shall be maintained so that they are structurally sound and in a
3630 safe condition and weathertight, and have no defects, which might admit rain or
3631 cause dampness in the interior portions of a building. All portions, additions or
3632 sections of a roof including, but not limited to, the fascia, eave, soffit sheathing,
3633 vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be
3634 complete with all trim strips, moldings, brackets, braces and supports attached or
3635 fastened in accordance with common building practices.
3636 (4) Windows
3637 All glass areas, including those in windows and doors shall be fully supplied and
3638 maintained as per the development plan.
3639 (5) Grounds
3640 (a) All landscaped areas as defined in the approved development plan shall be
3641 maintained and kept free of trash, old building materials, junk, unlicensed or
3642 inoperative vehicles, and other such material and equipment.
3643 (b) All driveway, parking, loading and outside storage areas shall be maintained
3644 as per the approved development plan; and
3645 (c) All fences, walls, lighting, signs, storage structures, and other visual physical
3646 improvements or appurtenances as per the approved development plan shall
3647 be maintained in a safe, working order and in good appearance and free of
3648 graffiti.

DRAFT 5-26-09
3649 3.4 Architectural Standards
3650 (Note: are these sufficient to regulate Single, two, and three family dwellings in the
3651 R1-B and N1-B ?)
3652 3.4.1 Purpose
3653 The purpose of this section is to encourage development that contributes to the Northfield’s
3654 unique sense of place, reflecting the community's physical character and adding to it in
3655 appropriate ways. The architectural design of multi-family dwellings and nonresidential
3656 development, particularly large-scale developments, determines much of the character and
3657 attractiveness along the thoroughfares of the city, and the gateways to our community.
3658 3.4.2 Reverse Frontage
3659 (A) Reverse Frontage Prohibited
3660 (1) Except for areas exempted in accordance with Section 3.4.2(B), Exemptions and
3661 Alternatives, residential lots with a reverse frontage shall be prohibited.
3662 (2) Lots along the perimeter of a subdivision shall be oriented so that dwellings front
3663 perimeter streets instead of backing up to streets around the outside of the
3664 subdivision.
3665 (3) Lots that have frontage on an arterial or collector road should utilize alleys for rear
3666 access to the site as an alternative to reverse frontage. See Section 3.11.3(A)(10),
3667 Alleys and Private Streets .
3668 (4) Nonresidential uses shall be subject to the multi-sided architectural standards of
3669 this section when the subject lot is bounded by a street and the Cannon River or by
3670 multiple streets.
3671 (B) Exemptions and Alternatives
3672 (1) Residential structures on lots in the following locations may have reverse frontage:
3673 (a) Existing platted lots in residential subdivisions or lots subject to the PD-O
3674 district approved prior to the effective date of this Code;
3675 (b) Residential lots where there is a minimum of 50 feet of open space between
3676 the street and the homes; and
3677 (c) Lots that provide a moderate buffer “A” in accordance with Section3.6.9(D),
3678 Minimum Required Buffer Area.
3679 (2) Nonresidential structures may have reverse frontage in the C1-B and C2-B districts
3680 when they meet the requirements of Section 3.4.4, Architectural Design
3681 Requirements for Nonresidential Buildings and the standards of the applicable
3682 zoning district.
3683

DRAFT 5-26-09
NO
NO
YES
3684
Figure 3-16: The image on the left demonstrates appropriate screening for reverse frontage
3685 lots. Fences or walls without landscape are inappropriate.
3686
3687 3.4.3 Architectural Design Requirements for Multi-Family Dwelling
3689 The standards of this subsection shall apply to all structures that contain four or more
3690 units.
3691 (B) Orientation of Buildings to Streets and Open Space
3692 All multi-family dwellings shall be oriented so that the primary entrance faces the street.
3693 In the case of corner lots, the primary entrance shall face the street from which the
3694 building is addressed. It is acceptable to have two primary entrances, but no secondary
3695 entrance may face a street. A primary entrance shall be defined by the entrance’s
3696 function, scale and/or design detail.
3697
3698 Figure 3-17: This diagram demonstrates proper orientation of buildings
3699 within a multi-family apartment complex.
3700
3701 (C) Design of Front Façades
3702 (1) Front facades shall incorporate wall offsets in the form of projections and/or
3703 recesses in the façade plane a minimum of every 40 feet of façade frontage.
3704 (2) Wall offsets shall have a minimum depth of two feet.

DRAFT 5-26-09
3705 (3) In addition to wall offsets, front facades shall provide a minimum of three of the
3706 following design features for each residential unit fronting onto the street:
3707 (a) One or more dormer windows or cupolas;
3708 (b) A recessed entrance;
3709 (c) A covered porch;
3710 (d) Pillars, posts, or pilasters;
3711 (e) One or more bay windows with a minimum 12 inch projection from the
3712 façade plane;
3713 (f) Eaves with a minimum six inch projection from the façade plane;
3714 (g) A parapet wall with an articulated design, which entails design variation
3715 rather than a simple rectilinear form; or
3716 (h) Multiple windows with a minimum four inch wide trim.
3717
3718
3719
3720
3721
3722
3723
3724 Figure 3-18: The image on the left illustrates how multiple design features are incorporated to de-
3725 emphasize the fact that this is a single structure. The image on the right lacks sufficient façade variation
3726 yielding a monotonous appearance.
3727
3728 (D) Design Features of Side Façades
3729 (1) Side façades within 25 feet of vacant land zoned for residential uses shall
3730 incorporate a minimum of 15 percent façade area glazing.
3731 (2) All other side facades shall have a minimum of ten percent façade area glazing.
3732 (E) Building Foundations
3733 Except for structures designed for persons with physical disabilities, the finished floor
3734 elevation at the front facade shall be located above grade in accordance with the
3735 following standards:
3736 (1) For setbacks of ten feet or more, the finished floor elevation of the front facade
3737 shall be a minimum of 18 inches above grade;
3738 (2) For setbacks of less than ten feet, the finished floor elevation of the front facade
3739 shall be a minimum of 24 inches above grade; and

DRAFT 5-26-09
3740 (3) Exposed foundation walls or piers shall be clad in face brick, stone, stucco or some
3741 other masonry material accurately imitating these materials. Latticework screening
3742 shall be installed between piers on front and side building facades.
3743 (F) Garages and Car Ports
3744 (1) Garages/car ports serving multi-family buildings shall be located to the side or rear
3745 of such buildings.
3746 (2) The exterior materials, design features, and roof form of garages and carports shall
3747 be compatible with the principal building it serves.
3748 (G) Roof Penetrations and Equipment
3749 To the degree practicable, all roof vents, pipes, antennas, satellite dishes, and other roof
3750 penetrations and equipment (except chimneys) shall be located on the rear elevations or
3751 configured to have a minimal visual impact as seen from the street. See Section
3752 3.4.4(B)(6), Roof Mounted Mechanical Equipment.
3753 3.4.4 Architectural Design Requirements for Nonresidential Buildings Formatted: Indent: Left: 0.63", Hanging:
0.38"
3755 This section shall apply to development in the C2-B and ED-F districts.
3756 (B) Requirements for all Nonresidential Buildings
3757 (1) Buildings shall be parallel to the street they front unless an alternate orientation is
3758 consistent with existing adjacent development.
3759 (2) The primary entrances of buildings shall be oriented:
3760 (a) Towards a street along the perimeter of the development; or
3761 (b) Towards streets in the interior of the development if none of the building’s
3762 facades has frontage on a public street or as approved by the city planner or
3763 Planning Commission (as applicable).
3764 (3) Building facades shall comply with the following standards:
3765 (a) Blank building walls facing streets are prohibited;
3766 (b) These requirements shall not apply to those walls that are not visible from a
3767 street and only visible from an alley, the rear yard of another nonresidential
3768 or mixed-use site, or completely hidden due to topography or natural
3769 features preserved as open space;
3770
3771 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.
DRAFT 5-26-09
3772
3773
Formatted
3774 (c) Multi-Sided Architecture for Nonresidential Uses:
3775 (i) Although the front façade of a building is expected to be the focal point in
3776 terms of the level of architectural character and features, all sides of
3777 buildings that are visible from a public roadway, an adjacent building, or the
3778 Cannon River that are not subject to buffering requirements in Section 3.6.9,
3779 Buffering Between Land Uses, shall incorporate architectural detailing on all
3780 facades that is consistent with the front façade.
3781 (ii) Buildings on lots in the C1-B district that have frontage on a street and on
3782 the Cannon River shall incorporate primary façade features on both the street
3783 façade and Cannon River façade.
3784 (iii) Buildings in the C1-B district shall make active use of the Cannon River
3785 frontage using store entrances, restaurants, patios balconies, or decks
3786 overlooking the river.
3787 (4) Building Design and Mass
3788 (a) All architectural elevations of principal buildings shall consist of a base, a
3789 body, and a cap (Figure 3-20).
3790
3791
3792 Figure 3-20: Image of a building with a clear, base, body, and cap.
3793
3794 (i) The base shall occupy the lowest portion of the elevation, and shall have
3795 a height no less than 8 percent of the average wall height.
3796 (ii) The body shall occupy the middle portion of the elevation, and shall
3797 have a height no less than 60 percent of the average wall height.
3798 (iii) The cap shall occupy the highest portion of the elevation, excluding the
3799 roof, and shall have a height no less than eight percent of the average
3800 wall height, not to exceed the height of the base.

DRAFT 5-26-09
3801 (iv) The cap shall consist of at least one of the following architectural
3802 features: a cornice, parapet, awning, canopy, or eaves.
3803 (v) The base and cap shall be clearly distinguishable from the body through
3804 changes in color, material, pattern, profile, or texture. A cap and base
3805 shall incorporate at least two of these design elements.
3806 (b) Architectural elevations for all new or modified buildings shall include
3807 design, massing, materials, shape, and scale that create a unified design on
3808 the premises that is visually compatible with the surrounding buildings.
3809 (5) Roof Styles
3810 The height of any pitched roof shall not exceed one-half of the overall building
3811 height.
3812 (6) Roof Mounted Mechanical Equipment
3813 Building walls, parapets, and/or roof systems shall be designed to conceal all roof-
3814 mounted mechanical equipment from view from adjacent properties and public
3815 rights-of-way. See Figure 3-21.
3816
3817
3818 Figure 3-21: Example of how parapet walls are utilized to screen roof
3819 mounted mechanical equipment.
3820
3821 3.4.5 Design Requirements for Large-Scale Nonresidential Buildings
3822 (A) This subsection shall apply to any building primarily used for nonresidential uses that
3823 exceeds 10,000 square feet in gross floor area.
3824 (B) These requirements are in addition to the general architectural design requirements
3825 contained in Section 3.4.4, Architectural Design Requirements for Nonresidential
3826 Buildings.
3827 (1) Massing of Large-Scale Buildings
3828 (a) Building elevations shall reflect spaces that are either carved out of a mass or
3829 multiple masses of varying sizes grouped together. Examples include
3830 recesses, arches, courtyards, and both vertical and horizontal offsets.
3831 (b) Large scale buildings shall be designed to incorporate architectural elements
3832 that will create variety and wall surface relief on wall elevations.
3833 (c) To maintain the façade rhythm, building façades that front a street shall
3834 incorporate façade variations a minimum of every 50 feet. See Figure 3-25.
3835 (d) Alternatives to using façade variations and reliefs may include:

DRAFT 5-26-09
3836 (i) Façade color changes following the same dimensional standards as the
3837 offset requirements;
3838 (ii) Pilasters having a minimum depth of one foot, a minimum width of one
3839 foot, and a minimum height of 80 percent of the façade’s height; and/or
3840 (iii) Roofline changes when coupled with correspondingly aligned façade
3841 material changes.
3842 (2) Roof Line Changes
3843 (a) Roofline changes shall include changes in roof planes or changes in the top
3844 of a parapet wall, such as extending the top of pilasters above the top of the
3845 parapet wall.
3846 (b) When roofline changes are included on a façade that incorporates wall
3847 offsets or material or color changes, roof line changes shall be vertically
3848 aligned with the corresponding wall offset or material or color changes.
3849
3850
3851 Figure 3-22: Roofline changes shall be aligned with
3852 corresponding wall offsets and/or material or color changes.
3853 (3) Flat Roofs
3854 (a) When flat roofs are used, parapet walls with three-dimensional cornice
3855 treatments shall conceal them. The cornice shall include a perpendicular
3856 projection a minimum of eight inches from the parapet façade plane.
3857 (b) Thin parapets that extended more than two feet above the roof are
3858 prohibited.
3859

DRAFT 5-26-09
3860
3861 Figure 3-23: Parapet walls with cornice treatments are used to disguise flat roofs. The image on the right
3862 illustrates a tall parapet wall that is prohibited.
3863
3864
3865
3866
3867
3868 (4) Asymmetric or Dynamic Roofs
3869 Asymmetric or dynamic roof forms allude to motion, provide variety and flexibility
3870 in nonresidential building design, and allow for unique buildings. Asymmetric or
3871 dynamic roof forms shall be permitted on nonresidential buildings provided the
3872 criteria are met for flat roofs in paragraph (3) above. See Figure 3-24 for an
3873 example of a building with a dynamic roof form.
Figure 3-24: An example of a dynamic roof line.

3874
3875
3876 (5) Wall Openings (Doors and Windows)
3877 (a) Building elevations that directly front a public street should contain
3878 windows, which occupy at least 25 percent of the total wall surface area.
3879 (b) The percent of the wall surface area used for windows that is less than this
3880 minimum requirement may be approved by the city planner or planning

DRAFT 5-26-09
3881 commission (as required), after taking into account the architectural style,
3882 general design, arrangement, texture, materials, and color of other structures
3883 and premises in the area.
3884 (c) Doors and windows shall be positioned to create a uniform pattern or visual
3885 rhythm along the building elevation.
3886 (d) All doors and windows shall be articulated through the use of lintels, sills,
3887 and thresholds. Windows larger than 20 square feet that are not used for
3888 display purposes shall be divided into panes through the use of mullions
3889 and/or sashes.
3890 (e) Doors and windows shall be rectangular in shape.
3891 (6) Customer Entrance Design
3892 Buildings shall have clearly-defined, highly visible customer entrances that include
3893 no less than three of the following design features (See Figure 3-25):
3894 (a) Canopies/porticos above the entrance;
3895 (b) Roof overhangs above the entrance;
3896 (c) Entry recesses/projections;
3897 (d) Arcades that are physically integrated with the entrance;
3898 (e) Raised corniced parapets above the entrance;
3899 (f) Gabled roof forms or arches above the entrance;
3900 (g) Outdoor plaza adjacent to the entrance having seating and a minimum depth
3901 of 20 feet;
3902 (h) Display windows that are directly adjacent to the entrance;
3903 (i) Architectural details, such as tile work and moldings, that are integrated into
3904 the building structure and design and are above and/or directly adjacent to
3905 the entrance; or
3906 (j) Integral planters or wing walls that incorporate landscaped areas or seating
3907 areas. A wing wall is a wall secondary in scale projecting from a primary
3908 wall and not having a roof.
3909

DRAFT 5-26-09
3910
3911 Figure 3-25: This large retail center utilized several different design features to
3912 articulate the individual facade and customer entrances.
3913
3914 3.5 Neighborhood Compatibility Standards

Formatted
3915 Note: these standards should apply to R1- B only, and not the NC-F. Therefore, there should
3916 be a separation of requirements between this section, and Section 3.5.5. For the neighborhood
3917 compatability standards refer to “Too Big, Boring and Ugly” (PAS Report 528) and the City of
3918 Minneapolis’ Building Bulk requirements. Formatted
3919 3.5.1 Purpose and Intent

3920 The purpose of the neighborhood compatibility standards is to protect the character of existing
3921 residential neighborhoods in instances where there is a proposed infill development or a
3922 redevelopment project. The primary focus of these compatibility standards is to ensure that new
3923 infill development or development in the NC-F district relates to the massing and scale of the
3924 surrounding structures.
3925 3.5.2 Applicability
3926 (A) Except where exempted by Section 3.5.3, Exemptions, these standards shall apply to the
3927 development, expansion, or redevelopment of uses in the R1-B and NC-F districts.
3928 (B) For the purposes of these standards, “expansion” shall mean the expansion of the building
3929 floor area of the ground floor by more than 15 percent of the building’s footprint that
3930 existed at the effective date of this Code.
3931 (C) For the purposes of these standards:
3932 (1) “Adjacent” shall mean a condition where one lot abuts or is located directly across
3933 a street, alley, right-of-way, easement, public trail, or public greenway from
3934 another lot; and
3935 (2) “Block Face” shall mean all lots that have frontage on the same street as the subject
3936 lot between an intersecting street or other boundary.
3937 3.5.3 Exemptions
3938 The following forms of development shall be exempt from the standards of this section:

DRAFT 5-26-09
3939 (A) Accessory buildings13;

3940 (B) Development subject to an approved master plan, development agreement, variance, or
3941 planned unit development protected by a PD-O district;
3942 (C) Existing nonresidential or mixed-use development lawfully established prior to the
3943 effective date of this Code;
3944 (D) A change of use, with no structural changes, that is permitted in the base zoning district;
3945 and
3946 (E) The complete redevelopment of an entire block where all existing structures are removed.
3947 Such redevelopment shall be subject to the standards of the applicable zoning district.
3948 3.5.4 Standards for all Development
3949 (A) All development subject to these neighborhood compatibility standards shall comply with
3950 the standards of this subsection.
3951 (B) Compliance with these standards shall be shown in the zoning certificate application for
3952 uses in the R1-B district or site plan review for uses in the NC-F district.
3953 (C) Design Standards
3954 (1) Setbacks and Build-to Lines
3955 (a) For new development or expansion of an existing building, the applicant
3956 shall demonstrate how the proposed building will (in order of priority):
3957 (i) Meet the average front setbacks of residential buildings along the same block face; or
3958 (ii) Meet the build-to line of the R1-B or N1-B district, whichever is adjacent to the site.
3959 (b) All new development or expansion of an existing building shall demonstrate
3960 that the construction meets the average side yard setbacks along the block
3961 face.
3962 (c) All development shall comply with rear yard setback requirements of the
3963 R1-B district.
3964 (2) Building Height and Massing
3965 (a) No principal building shall be constructed which is more than 20 percent
3966 taller or shorter than the average height of principal buildings along the
3967 block face. Note: residential buildings should be compared to residential
3968 building and non-residential buildings to non-residential buildings.
3969 (b) No principal building shall be constructed where the front facade is more
3970 than 20 percent wider or narrower than the average width of principal
3971 buildings along the block face. Note: residential buildings should be
3972 compared to residential building and non-residential buildings to non-
3973 residential buildings.
3974 (c) The roof type shall generally reflect the predominant roof types of the
3975 buildings along the same block face (e.g., the building should not have a flat
3976 roof where the predominant roof type is a gable).
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.

DRAFT 5-26-09
3977
3978 Figure 3-26: The detached dwelling in the foreground exhibits
3979 compatibility with the surrounding dwellings in regard to
3980 design, scale, setbacks, and materials.
3981
3982 (3) Front Porches
3983 Where the majority of buildings along the same block face have front porches, the
3984 building subject to this subsection may also include a front porch that has a width
3985 and depth generally similar to the average width and depth of porches along the
3986 same block face.
3987 3.5.5 Standards for Development in the NC-F District
3988 Note: We need separate standards for the NC-F district from the neighborhood compatability
3989 standards of Section 3.5. There are different issues involved with each.
3990 Development subject to requirements of this section shall comply with the following standards
3991 in addition to the other requirements of this section:
3992 (A) Site Plan Review
3993 The standards of this section shall be reviewed through the site plan review process
3994 established in Section 5.5.6, Site Plan Review.
3995 (B) Use Limitations
3996 The following uses or features shall be prohibited as principal or accessory uses in the
3997 NC-F district:
3998 (1) Drive-through establishments;
3999 (2) Public address/speaker systems;
4000 (3) Outdoor storage; and
4001 (4) Uses providing delivery services via automobile or truck.
4002 (C) Site Layout
4003 (1) Off-Street Parking
4004 (a) The total amount of off-street parking shall not exceed the required
4005 minimum specified in Section 3.8, Off-Street Parking, Loading, and
4006 Mobility, and may be reduced by 20 percent in the NC-F district.
4007 (b) Off-street parking shall be established in one of the following locations
4008 (listed in priority order):

DRAFT 5-26-09
4009 (i) Adjacent to off-street parking lots serving nonresidential uses on abutting lots;
4010 (ii) Adjacent to lot lines abutting nonresidential development;
4011 (iii) On a lot’s corner side;
4012 (iv) Behind the building;
4013 (c) Off-street parking may be established adjacent to lot lines abutting
4014 residential uses or in front of the building only if the applicant can
4015 demonstrate that there is no other alternative location for the parking.
4016 (2) Landscaping/Screening
4017 (a) Fully opaque screens (established with vegetation, walls, fences, berms, or a
4018 combination of these features) to a minimum height of four feet above grade
4019 shall be maintained along all lot lines abutting residential uses. Screen
4020 height shall be increased to a minimum height of six feet above grade
4021 between off-street parking areas and abutting residential uses.
4022 (b) Screening shall not interfere with public sidewalks or improved pedestrian
4023 connections.
4024 (c) Mechanical equipment shall be fully screened from adjacent residential uses
4025 by a fence, wall, landscaping, or combination of these features. See Section
4026 3.6.10, Screening Requirements.
4027 (3) Outdoor Lighting
4028 (a) Outdoor lighting shall:
4029 (i) Have a maximum height of 15 feet;
4030 (ii) Be fully-shielded;
4031 (iii) Be configured so that the source of illumination is not visible; and
4032 (iv) Be directed down and away from adjacent residential lots.
4033 (b) The requirements of Section 3.3.3, Outdoor Lighting Standards, shall also
4034 apply.
4035 (D) Operation
4036 (1) Nonresidential uses with outdoor activities (e.g., outdoor dining) located adjacent
4037 to lots in a low or medium density residential district shall curtail outdoor activities
4038 by 8:00 p.m. Sunday through Thursday, and by 10:00 p.m. on Friday and Saturday.
4039 (2) Loading or unloading activities shall take place only between the hours of 7:00
4040 a.m. and 7:00 p.m.
Formatted
4041 3.6 Landscape, Screening, and Buffering Standards

4042 3.6.1 Purpose
4043 The purpose of this section is to protect and promote the public health, safety, general welfare,
4044 and beautification of Northfield through the city’s authority to regulate land use in a method
4045 that utilizes the benefits of landscaping. Specifically, it is the purpose of this section to:
4046 (A) Protect privacy and provide buffering land uses of differing intensities;
4047 (B) Aid in noise, glare and heat abatement;

DRAFT 5-26-09
4048 (C) Contribute to the process of air purification, ground water recharge, and control of
4049 ground water runoff;
4050 (D) Encourage efforts to preserve large trees, natural wet lands, and/or other natural features;
4051 (E) Prevent tree loss by eliminating or reducing compaction, filling or excavation near tree
4052 roots;
4053 (F) Prevent or reduce soil erosion and sedimentation and stormwater runoff;
4054 (G) Enhance energy conservation;
4055 (H) Control the urban heat island effect;
4056 (I) Increase and maintain property values; and
4057 (J) Preserve the variety and extent of the city’s urban forest as an integral part of this city’s
4058 identity and infrastructure
4060 The requirements of this section shall apply to all proposed development and new land uses
4061 unless otherwise stated.
4062 3.6.3 Compliance and Maintenance Required
4063 (A) Where landscaping is required, no building permit shall be issued until the required
4064 landscaping portion of the site plan or zoning certificate application has been submitted
4065 and approved.
4066 (B) See Section 3.6.12, Installation, for installation timing requirements.
4067 (C) Steep slope areas (those in excess of 12 percent slope) shall be landscaped to maximize
4068 opportunities for native vegetation restoration in compliance with this section and this
4069 Code.14
4070 3.6.4 General Landscaping Material Standards
4071 Landscape materials should complement the form of the existing trees, plantings, and
4072 vegetation as well as the development’s general design, architecture, and site direction or
4073 orientation (e.g., north/south or east/west). The amount of shade or sun should be considered in
4074 selecting plant materials. Landscape materials shall consist of the following:
4075 (A) Plants
4076 All plant materials shall be living plants and shall meet the following requirements:
4077 (1) Approved and Prohibited Plant Types
4078 (a) To conserve water, the installation of native and/or drought-tolerant
4079 landscape materials is strongly encouraged.
4080 (b) A list of approved and prohibited plant types are provided in Appendix <>.
4081 (c) Artificial plants are prohibited.
4082 (2) Quality
4083 (a) Plants shall be free of disease, insects and/or damage, and shall be correctly
4084 labeled indicating genus, species and cultivar. No label shall be removed
4085 until after the final inspection by the city is completed.
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.

DRAFT 5-26-09
4086 (b) Trees of species whose roots are known to cause damage to public roadways
4087 or other public improvements shall not be planted closer than 15 feet to such
4088 public improvements. The city’s approved plant list may include lists of
4089 prohibit street trees.
4090 (3) Existing Vegetation
4091 Existing healthy, well-formed canopy and understory trees as well as healthy
4092 shrubs shall be credited toward the requirements of this section, provided the
4093 vegetation is protected before and during development of the site and maintained
4094 thereafter in a healthy growing condition and meets the applicable regulation.
4095 (4) Species Variety
4096 To curtail the spread of disease or insect infestation in a plant species, new
4097 plantings shall comply with the standards of Table 3.6-1:
Table 3.6-1: Species Diversity

Number of Trees Required Maximum Percentage of Trees that may
on Site be of a Single Species
1-19 50%
20-39 33%
40 or more 25%
4098
4099 (5) Vegetation Size and Quality Requirements
4100 (a) Deciduous canopy or shade trees shall have a minimum Diameter at Breast
4101 Height (DBH) of two and one-half inches at the time of planting. Multi-
4102 stem varieties shall be a minimum of six feet in height above ground level at
4103 the time of planting.
4104 (b) Understory, small maturing, or ornamental trees shall have a minimum DBH
4105 of two inches at time of planting. Multi-stem varieties shall be a minimum of
4106 seven feet in height above ground level at the time of planting.
4107 (c) Evergreen trees shall be a minimum of six feet in height at the time of
4108 planting.
4109 (d) All trees shall be adequately supported when planted. The supports shall be
4110 maintained until the trees are capable of withstanding the force of wind on
4111 their own.
4112 (e) Shrubs or hedges that are upright in nature shall be a minimum of two feet
4113 tall in height at the time of planting, and shrubs or hedges which are
4114 spreading in nature shall be a minimum of 18 inches in diameter at the time
4115 of planting.
4116 (f) Grass shall be planted in species normally grown as permanent lawns in
4117 Minnesota, and may be sodded or seeded; except in swales or other areas
4118 subject to erosion where solid sod, erosion reducing net, or suitable mulch
4119 shall be used, nurse-grass seed shall be sown for immediate protection until
4120 complete coverage otherwise is achieved.
4121 (g) Ground cover shall be planted in such a manner as to present a finished
4122 appearance and 75 percent of complete coverage after one complete growing
4123 season.

DRAFT 5-26-09
4124 (h) In certain cases, ground cover may also consist of decorative rocks, pebbles,
4125 sand, or similar materials, when used for decorative purposes.
4126 (B) Earth Mounds or Berms
4127 (1) Earth mounds shall be physical barriers which block or screen the view similar to a
4128 hedge, fence or wall.
4129 (2) Mounds shall be constructed with proper and adequate plant material to prevent
4130 erosion. Where existing vegetative and/or topographic conditions provide a natural
4131 buffer, additional screening may not be required.
4132 (3) Where mounds are to be mowed, the maximum permitted slope is 3:1. 15
4133 (C) Walls and Fences
4134 Walls and fences shall comply with the standards of Section 3.3.1, Fencing and Walls for
4135 any proposed new building, residential or otherwise.
4136 3.6.5 Landscaping Standards
4137 (A) Minimum Dimensions
4138 Wherever this Code requires a landscaped area of a specified width, the width shall be
4139 measured within (interior measurements) any curb or wall bordering the landscaping
4140 area.
4141 (B) Protective Curbing
4142 Required landscaping shall be protected with a minimum six-inch high concrete curb,
4143 except adjacent to bicycle paths, or where otherwise deemed unnecessary by the city
4144 engineer or in locations where landscape improvements are installed for the purpose of
4145 water quality management. (ADD GRAPHIC)
4146 (C) Safety Requirements
4147 Landscape materials shall be located so that at maturity they do not:
4148 (1) Interfere with safe sight distances for bicycle, pedestrian, or vehicular traffic;
4149 (2) Conflict with overhead lights, utility lines, or walkway lights; or
4150 (3) Block bicycle or pedestrian ways.
4151 (D) Water Features
4152 Decorative water features (e.g., fountains, ponds, waterfalls) shall have a re-circulating
4153 water system.
4154 (E) Maximum Amount of Paving Allowed on Single-Family Dwelling Lots
4155 (1) Paving shall be limited to no more than 30 percent of the front or street side
4156 setback areas in order to limit the amount of hardscape paving in these areas.
4157 (2) Increases in the maximum amount of allowable hardscape paving may be approved
4158 by the City Planner if necessary to provide safe ingress and egress for the site.
4159 (3) No parking shall be allowed in the landscaped areas.
4160 (4) Single dwelling front and street side setback areas shall only be used for the
4161 temporary parking of motor vehicles. Storage of vehicles in these areas shall not
4162 be allowed.
15
Confirm this slope ratio with the City Engineer and then add a graphic.

DRAFT 5-26-09
4163 (5) No vehicles shall be parked in the front and/or street side setback areas other than
4164 on a paved driveway.
4165 3.6.6 Street Trees Required
4166 (A) At least one street tree shall be properly installed for each 50-foot length of right-of-way.
4167 This requirement may be modified depending on the chosen tree species and its typical
4168 spread at maturity.
4169 (B) Trees required for parking lot perimeter landscaping in Section 3.6.8 (C), Perimeter
4170 Landscaping Requirements may count toward this street tree requirement.
4171 3.6.7 Tree and Woodland Preservation
4172 (A) Tree Inventory Required
4173 (1) As part of a submittal application for site plan review or a major subdivision, the
4174 applicant shall submit a tree inventory or professionally prepared tree survey (as
4175 appropriate) that clearly depicts the following:
4176 (a) Lot lines of the parcel(s) involved;
4177 (b) The exact location, health, type, and size of all trees with a DBH of 18
4178 inches or more located on the parcel(s) involved; and
4179 (c) Recommendations of which trees, or stands of trees, should be retained and
4180 protected.
4181 (2) The tree inventory shall be taken and reported by a qualified arborist, nurseryman,
4182 horticulturist, or landscape architect who is licensed, certified, registered or
4183 otherwise qualified in the State of Minnesota.
4184 (B) Tree Protection Requirements
4185 Unless exempted pursuant to Section 3.6.7 (D), Exemptions, all trees with a DBH of 18
4186 inches or more shall be retained as a protected tree, to the maximum extent feasible.
4187 (1) Credit Towards Open Space and Landscape Requirements
4188 (a) Only those trees meeting the location, species, health, and minimum size
4189 requirements applicable to new landscape materials (See Section 3.6.4,
4190 General Landscaping Material Standards) shall be credited, and the applicant
4191 shall be responsible for demonstrating how retained trees meet the standards
4192 of this code.
4193 (b) Existing viable trees meeting the minimum size requirements for new
4194 plantings that are located within 20 feet of the perimeter edge of a surface
4195 off-street parking area shall be credited towards the parking lot perimeter
4196 landscape requirements of Section 3.6.8 (C), Perimeter Landscaping
4197 Requirements.
4198 (c) Existing viable trees meeting the minimum size requirements for new
4199 plantings that are not credited towards buffer or parking lot requirements
4200 may be credited towards any other landscaping requirements of this Code.
4201 (2) Removal and Replacement of Protected Trees
4202 (a) Except in cases where a tree is determined by the City Planner to meet one
4203 of the exemptions stated in Section 3.6.7 (D), Exemptions, the city planner
4204 shall allow the removal of protected trees only if the landowner
4205 demonstrates all of the following standards are met:

DRAFT 5-26-09
4206 (i) The site is otherwise in compliance with this subsection;

4207 (ii) The protected tree is an obstacle to access on the lot or site and no alternative
4208 exists for relocating such access; and
4209 (iii) Replacement tress shall be provided in accordance with Table 3.6-2.
4210
Table 3.6-2: Replacement Tree Requirements
Caliper of Original Tree Replacement Trees Required
18 – 24 inches DBH 1 caliper inch per each caliper inch of the protected tree removed
24 – 36 inches DBH 2 caliper inch per each caliper inch of the protected tree removed
36-48 inches DBH 3 caliper inch per each caliper inch of the protected tree removed
48+ inches DBH 4 caliper inch per each caliper inch of the protected tree removed
4211
4212 (iv) Each replacement tree shall be a minimum of three caliper inches, and shall
4213 either be replanted within 12 months of the removal of the protected tree, or
4214 within a timeframe approved by the city planner. Performance bonds for the
4215 associated replacement, if warranted in the opinion of the city planner, shall be
4216 established to the satisfaction of the city.
4217 (v) Replacement trees shall not be used to meet any other landscape requirements.
4218 (b) Location of Replacement Trees
4219 Replacement trees shall be either planted on the lot or site where the
4220 protected tree was removed or, in cases where space on the lot or site is
4221 insufficient, the city planner may authorize the planting of the replacement
4222 trees on city-owned properties.
4223 (c) Temporary Moratorium on Approvals
4224 Following notice of violation of this section, the city planner shall not review
4225 or approve development permit applications for the site from the date of the
4226 violation until a replacement plan has been approved by the city planner and
4227 a financial guarantee for the associated replacement has been established in
4228 accordance with this section; or
4229 (d) Cutting, Removal, or Harm Prohibited
4230 Except as allowed by Section 3.6.7 (B) (2), Removal and Replacement of
4231 Protected Trees, protected trees shall not be cut, removed, pushed over,
4232 killed, or otherwise harmed.
4233 (e) Paving or Soil Compaction Prohibited
4234 The area within the critical root zone of any protected tree shall not be
4235 subject to paving or soil compaction.
4236 (3) Tree Protection during Construction
4237 (a) Owner’s Responsibility
4238 During development, the owner or developer shall be responsible for the
4239 erection of any and all barriers necessary to protect any existing or installed
4240 trees from damage both during and after construction in accordance with the
4241 standards of this subsection.

DRAFT 5-26-09
4242 (b) Tree Protection Fencing

4243 (i) All protected trees and trees intended for use as credit towards the landscaping
4244 standards of this section shall be fenced in accordance with this subsection before
4245 grading or other land-disturbing activity begins. Fencing shall extend at least one
4246 foot in distance from the edge of the drip line (See Figure 3-27 for illustration of a
4247 drip line.), but in no case closer than ten feet to the trunk. The city planner shall
4248 consider existing site conditions in determining the exact location of any tree
4249 protection fencing.
4250
4251
4252
4253
4254
4255
4256
4257
4258
4259
4260
4261
4262
4263
4264
4265
4266 Figure 3-27: Illustration of the drip line area of a tree.
4267
4268 (ii) All fencing required by this subsection shall be four feet in height and secured
4269 using appropriate posts.
4270 (4) Encroachments into Root Zones
4271 (a) Encroachments within the root zones of trees protected in accordance with
4272 this subsection shall occur only in rare instances.
4273 (b) If such an encroachment is anticipated, written verification by a qualified
4274 arborist shall be required documenting the tree’s condition before and after
4275 the encroachment, including preventive measures that shall be employed
4276 prior to, during, and after the encroachment to insure the viability of the tree.
4277 (C) Monitoring and Maintenance of Tree Protection
4278 Owners of land shall be responsible for the preservation and maintenance of all trees
4279 required to be saved and protected under this subsection.
4280 (D) Exemptions
4281 (1) The following tree removal activities are exempt from the standards of this section:
4282 (a) Removal of trees that are dead or dying based on an analysis and report by a
4283 qualified arborist;
4284 (b) Removal of trees that are determined by the city engineer to be a nuisance or
4285 threat to an existing structure, underground utility, or to the public health,
4286 safety, or welfare;

DRAFT 5-26-09
4287 (c) Removal of trees prohibited by the city as established in Appendix A; and
4288 (d) Removal by the city, or its authorized agent, of trees on city or publicly
4289 owned land and within public rights-of-way in accordance with this chapter
4290 to complete street improvement projects.
4291 (2) For the purposes of this section, a tree will be considered removed if 30 percent or
4292 more of the trunk diameter is injured.
4293 3.6.8 Parking Lot Landscaping
4294 Each required parking area of six spaces or more shall be landscaped pursuant to this
4295 subsection whenever there is an expansion of a structure (e.g., enlargement or increase in
4296 capacity by adding floor area or seats), a change in use (e.g., a more intense use is proposed,
4297 requiring more parking) related to an existing parking lot, or the establishment of a new
4298 structure and/or use.
4299 (A) Landscaping shall be provided throughout the parking lot as a combination of ground
4300 cover, shrubs, and trees.
4301 (B) Areas containing plant materials may require a protective curbing pursuant to Section
4302 3.8.10(G), Wheel Stops and Curbing.
4303 (C) Perimeter Landscaping Requirements
4304 All surface parking areas shall be screened from streets and adjoining residential
4305 properties, and the open areas between the property line and the public street right-of-way
4306 shall be landscaped.
4307 (1) Parking Lots Adjacent to Streets
4308 (a) A parking area for a nonresidential use or a multi-family residential use
4309 adjacent to a public street shall be designed to provide a ten foot landscaped
4310 planting strip between the street right-of-way and any parking area.
4311
4312
4313 Figure 3-28: Perimeter landscaping required between a
4314 parking lot and a street.
4315
4316 (b) The landscaping shall be designed and maintained to screen cars from view
4317 of the street to a minimum height of 36 inches, but shall not exceed any
4318 applicable height limit for landscaping within a setback or a traffic safety

DRAFT 5-26-09
4319 visibility triangle as required in Section 3.1.6 (E), Height Limit at Street
4320 Corners (Traffic Safety Visibility Triangle).
4321 (c) Screening materials may include a combination of plant materials, raised
4322 planters, solid decorative masonry walls, or other screening devices which
4323 meet the intent of this requirement.
4324 (d) Shade trees shall be provided at a minimum rate of one for every 40 linear
4325 feet of landscaped area.
4326 (e) Plant materials, signs, and/or structures shall be subject to the height and
4327 traffic safety visibility requirements of Section 3.1.6 (E), Height Limit at
4328 Street Corners (Traffic Safety Visibility Triangle).
4329
4330 Figure 3-29: Illustration of parking lot perimeter
4331 screening.
4332
4333 (2) Parking Lots Adjacent to Side or Rear Property Lines
4334 (a) Parking areas for nonresidential uses shall provide a perimeter landscape
4335 strip at least six feet wide (inside dimension) where the parking area adjoins
4336 a side or rear property line.
4337 (b) The requirement for a landscape strip may be satisfied by a setback or buffer
4338 area that is otherwise required.
4339 (c) Trees shall be provided at the rate of one for each 40 linear feet of
4340 landscaped area.
4341 (3) Parking Lots Adjacent to Residential Uses
4342 A nonresidential parking area adjacent to a residential use shall provide a
4343 landscaped buffer adhering to the following standards within a ten foot setback
4344 between the parking area and the lot line of the residential use:
4345 (a) A four-foot high solid decorative masonry wall or fence
4346 (b) Trees shall be provided at the rate of one tree for each 40 linear feet.
4347 (D) Interior Parking Lot Landscaping
4348 (1) Amount of Landscaping
4349 (a) Parking lots with more than six spaces in any zoning district shall provide
4350 landscaping within each outdoor parking area at a minimum ratio of five
4351 percent of the gross area of the parking lot (including all drive and parking
4352 aisles).
4353 (b) Parking lots with 20 or more spaces in the R3-B, C2-B, and I1-B districts
4354 shall provide landscaping within each outdoor parking area at a minimum

DRAFT 5-26-09
4355 ratio of ten percent of the gross area of the parking lot (including all drive
4356 and parking aisles). If parking is located on the side of the structure (not
4357 adjacent to a street) or in the rear, this landscaping ratio may be reduced to
4358 five percent.
4359 (c) Trees not less than five feet in height and 15-gallon container in size shall be
4360 planted throughout the parcel and along any street frontage. At a minimum,
4361 one shade tree and one shrub shall be provided for every five parking spaces.
4362 (2) Landscaping Location
4363 Landscaping shall be evenly dispersed throughout the parking area, as follows.
4364 (a) Landscaped islands shall have a minimum width of nine feet as the
4365 narrowest dimension.
4366 (b) Orchard-style planting (the placement of trees in uniformly-spaced rows) is
4367 encouraged for larger parking areas.
4368 (c) The trees should be of a variety to provide the shade canopy and have an
4369 unobstructed cross visibility between two and six feet.
4370 (d) The area not covered by the canopy of the tree, but within an interior
4371 landscape area, shall be covered by shrubs, grass, ground cover, landscape
4372 gravel, or mulch.
4373 (e) Parking lots with more than 50 spaces shall provide a concentration of
4374 landscape elements at primary entrances, including, at a minimum, specimen
4375 trees, flowering plants, or enhanced paving.
4376 (3) Requirements for the C2-B District
4377 The following shall apply to interior landscaping in the C2-B district:
4378 (a) Landscape islands shall be located at the end of each parking row with a
4379 minimum size of 135 square feet for single loaded parking rows, and a
4380 minimum size of 270 square feet for double loaded rows (See See Figure
4381 3-30).
4382 (b) No more than 15 spaces shall be located in a continuous row without being
4383 interrupted by a landscaped island, unless the island is used for storm water
4384 infiltration. Such landscape islands shall be of the minimum size established
4385 in Section (a) above (See Figure 3-30).
4386 (c) Landscape medians with a minimum width of ten feet shall be located as to
4387 separate every four parallel rows of cars and shall run the full length of the
4388 parking row (See Figure 3-30).
4389

DRAFT 5-26-09
4390
4391 Figure 3-30: Illustration of parking island location.
4392
4393 (d) Each individual landscaped island shall include a minimum of one tree, and
4394 two shrubs.
4395 (e) The landscaped medians required in paragraph (c) above shall be planted
4396 with one deciduous tree every 20 lineal feet.
4397 (4) Stormwater Management
4398 The design of parking lot landscape areas shall consider, and may, where
4399 appropriate, be required to include provisions for the on-site detention of
4400 stormwater runoff, pollutant cleansing, and groundwater recharge. See also the
4401 city’s stormwater management ordinance.
4402 3.6.9 Buffering Between Land Uses
4403 (A) General
4404 (1) Development shall provide a buffer between land uses in accordance with this
4405 section. The buffer shall have the width, amount of vegetation, and other features
4406 to properly mitigate the negative effects of contiguous incompatible uses.
4407 (2) Development in the C1-B and AH-S districts shall be exempt from these
4408 requirements.
4409 (B) Locational Standards
4410 (1) Buffer areas shall be located between the uses for which they are required to buffer
4411 or screen.
4412 (2) When the same property owner owns and is developing adjoining parcels, the
4413 required buffer area may be placed on either parcel.
4414 (3) When a different property owner owns the adjacent property, the buffer area shall
4415 be placed on the property being developed.

DRAFT 5-26-09
4416 (C) Structures

4417 No structure shall be permitted within a required buffer other than a wall, fence, or earth
4418 berm. Parking areas and driveways shall not encroach upon buffer areas.
4419 (D) Minimum Required Buffer Area
4420 Table 3.6-3 sets forth the minimum required buffer area based upon the adjacent zoning
4421 district. The abbreviations used in the table are described as follows:
4422 (1) Moderate Buffer Area
4423 An “A” in a cell indicates a moderate buffer area is required with a minimum width
4424 of ten feet.
4425 (2) Average Buffer Area
4426 A “B” in a cell indicates an average buffer area is required with a minimum width
4427 of 15 feet.
4428 (3) Substantial Buffer Area
4429 A “C” in a cell indicates a substantial buffer area is required with a minimum width
4430 of 25 feet.
4431 (4) Major Buffer Area
4432 A “D” in a cell indicates a major buffer area is required with a minimum width of
4433 40 feet.
4434 (5) No Buffer Area Required
4435 An “N” in a cell indicates that there is no minimum buffer area required.
4436
4437
4438
4439
4440
4441
4442
Table 3.6-3: Required Buffer Areas
(Nonresidential
R2-B, R3-B, or
R1-B or N1-B
R1-B or N1-B
(Residential
NC-F
ED-F
CD-S
Uses)
Uses)
R4-B
C2-B
I1-B
PI-S
Proposed Use:
Adjacent to:
R1-B or N1-B
N A B C D B B N C
(Residential Uses)
R1-B or N1-B
A N N B C N B N B
(Nonresidential Uses)
R2-B, R3-B, or R4-B B N N B C N N N
C1-B B N B B C N N N B
C2-B C N C N B B N N N
I1-B D N D N N C B B N
AH-S N B B C D B B B B
CD-S N N B B C N N N B

DRAFT 5-26-09
Table 3.6-3: Required Buffer Areas
(Nonresidential
R2-B, R3-B, or
R1-B or N1-B
R1-B or N1-B
(Residential
NC-F
ED-F
CD-S
Uses)
Uses)
R4-B
C2-B
I1-B
PI-S
Proposed Use:
Adjacent to:
PI-S N N N B C B N N B
NC-F N N N N B B N N B
ED-F C N C N B B N N N
4443
4444 (E) Minimum Planting Requirements
4445 For every 100 lineal feet of a buffer area, the following number of plants shall be
4446 provided for each required buffer area as set forth in Table 3.6-4:
4447
Table 3.6-4: Minimum Planting Requirements
Minimum Trees
Required Minimum Evergreen Trees Minimum Shrubs
(Deciduous or Ornamental)
Buffer Area per 100 lineal feet per 100 lineal feet
per 100 lineal feet
“A” 3 None 3
“B” 0 3 9
“C” 3 3 9
“D” 3 6 18
4448
4449 3.6.10 Screening Requirements
4450 (A) Intent and Applicability
4451 In addition to all other landscaping standards in this section, screening shall be required
4452 to conceal specific areas of high visual or auditory impact or hazardous areas from both
4453 on-site and off-site views. Such areas shall be screened at all times, unless otherwise
4454 specified, regardless of adjacent uses, districts, or other landscaping material.
4455 (B) Items to be Screened
4456 The following areas shall be screened in accordance with this section:
4457 (1) Large waste receptacles (dumpsters) and refuse collection points (including large
4458 recycling containers);
4459 (2) Loading and service areas;
4460 (3) Outdoor storage areas (including storage tanks) not subject to the outdoor storage
4461 requirements of Section 3.3.2, Outdoor Dining, Display, and Storage; and
4462 (4) Mechanical equipment and utility meters not located on, and screened by, the
4463 building or structure.
4464 (C) Screening Requirements
4465 (1) All screening shall be approved during zoning certificate or site plan review.

DRAFT 5-26-09
4466 (2) All items to be screened shall be shielded from view from public roads and
4467 adjoining property.
4468 (3) All items to be screened shall be provided with a visual screen consisting of fences,
4469 walls, berms or approved plant materials (See Section 3.6.4, General Landscaping
4470 Material Standards) or a combination thereof. The screening shall be at least one
4471 foot higher than the item to be screened but not less than six feet in height and shall
4472 extend along three sides of the items to be screened.
4473 (4) All plant materials used for required screens around service areas shall be of an
4474 evergreen variety.
4475 (5) If an adjacent building provides screening on one side of the service area, only two
4476 sides need to be screened, bermed, or walled, with a gate required in front of the
4477 service area. The gate shall be opaque enough to shield from view the interior of
4478 the service area.
4479 (D) Fence or Wall Screens
4480 (1) Fences or walls shall be compatible with the architectural materials and patterns of
4481 the principal structure.
4482
4483
4484 Figure 3-31: Use of a wall and fencing for screening that is
4485 architecturally compatible with the principal building.
4486
4487 (2) Under no circumstances shall a wall be constructed of unfinished concrete or cinder
4488 block.
4489 3.6.11 Changes to Approved Landscape Plans
4490 The city planner may authorize minor changes from the requirements of this section.
4491 (A) For purposes of this subsection, minor changes shall be defined as changes to the
4492 landscaping plans that are not visible and do not affect the theme or character established
4493 for the subject development project.

DRAFT 5-26-09
4494 (B) A revised landscape plan shall be submitted to the city planner for review.
4495 3.6.12 Installation
4496 (A) Landscaping required as part of this section shall be installed by the time an occupancy
4497 permit is issued for the site. If landscaping is not installed, the applicant shall be required
4498 to submit a surety in accordance with Section 3.6.13, Statement of Surety.
4499 (B) Landscaping and irrigation systems shall be installed in compliance with the approved
4500 plans before final building inspection.
4501 (C) An extension of time for the completion of landscaping and irrigation system installation
4502 may be granted by the city planner if implementation is secured by an agreement or
4503 posting of adequate bond or cash deposit to guarantee performance under the agreement
4504 as required by the city planner, in compliance with Section 3.6.13, Statement of Surety.
4505 (D) Before final inspection or issuance of a Certificate of Occupancy by the building official,
4506 a letter signed by a licensed landscape architect, or the landscape contractor who
4507 performed the installation shall be submitted to the city planner and the building official
4508 certifying that the landscaping and improvements have been installed in compliance with
4509 the approved plan.
4510 3.6.13 Statement of Surety
4511 When a surety is required, such surety shall be in the form of cash, letter of credit, performance
4512 bond, or instrument of credit, in an amount equal to 110 percent of the total value of all plant
4513 materials, irrigation, installation, and maintenance shall be posted with the city for a two-year
4514 period in compliance with Section 3.10.4(E)(4), Forms of Financial Guarantees.
4515 3.6.14 Maintenance of Landscape Areas
4516 (A) Maintenance Required
4517 (1) All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be
4518 maintained in a healthful and thriving condition at all times.
4519 (2) The landscaping shall regularly be kept clean and free of debris, litter, and weeds.
4520 (3) All dead or decaying material shall be replaced with new material within 30 days
4521 upon notice of the city planner.
4522 (B) Water waste in existing developments resulting from inefficient landscape irrigation
4523 leading to excessive runoff, low head drainage, overspray, and other similar conditions
4524 where water flows onto adjacent property, non-irrigated areas, walks, roadways, or
4525 structures is prohibited.
4526 3.7 Signage

4527 3.7.1 Purpose and Intent
4528 Regulating the location, size, placement, and physical characteristics of signs is necessary to
4529 enable the public to locate goods, services, and facilities and to receive a wide variety of other
4530 messages, commercial and noncommercial, without difficulty and confusion, to encourage the
4531 general attractiveness of the community, to enhance public safety, and to protect property
4532 values. Accordingly, this section establishes regulations governing the display of signs that
4533 will:
4534 (A) Promote and protect the public health, safety, comfort, morals, and convenience;

DRAFT 5-26-09
4535 (B) Enhance the economy and the business and industry of the city by promoting the
4536 reasonable, orderly, and effective display of signs and thereby encourage increased
4537 communication with the public;
4538 (C) Restrict signs and lights that will increase the probability of traffic congestion and
4539 accidents by distracting attention or obstructing vision;
4540 (D) Reduce conflict among signs and light and between public and private information
4541 systems; and
4542 (E) Promote signs that are compatible with their surroundings.
4543 3.7.2 Scope
4544 This section shall regulate the height, area, location, graphics, color, materials, content, and
4545 other visual aspects of signs and sign structures. It does not regulate noncommercial holiday
4546 signs, temporary signs, and decorations, public informational and safety signs, or signs required
4547 by law.
4548 3.7.3 Zoning Certificate and Compliance Required
4549 (A) Unless otherwise provided by this section, all signs shall require a zoning certificate and
4550 a payment of fees. Exceptions to the certificate requirement are as follows:
4551 (1) If any sign is removed and replaced on the same supports, provided the size or type
4552 of sign is not changed.
4553 (2) No zoning certificate is required for the maintenance of a sign or for a change of
4554 copy on changeable copy signs.
4555 (3) Signs identified in Section 3.7.5, Exemptions.
4556 (4) General maintenance, painting, repainting, cleaning and other normal maintenance
4557 and repair of a sign or any sign structure unless a structural change or copy change,
4558 on a non-changeable copy sign, is made that results in anything more than a minor
4559 modification.
4560 (B) The relocation of a sign from one area of a lot to another location on the same lot shall
4561 require a zoning certificate.
4562 (C) The alteration or enlargement of any sign shall require a zoning certificate.
4563 (D) All wiring, fittings, and materials used in the construction, connection and operation of
4564 electrically illuminated signs shall be in accordance with the provisions of the state
4565 electrical code in effect.
4566 (E) No sign of any classification shall be installed, erected, or attached to a structure in any
4567 form, shape, or manner that is in violation of Northfield’s or the state’s building or fire
4568 codes.
4569 3.7.4 Computations
4570 The following principles shall control the computation of sign area and sign height.
4571 (A) The area of a sign face, which is also the sign area of a wall sign or other sign with only
4572 one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or
4573 combination thereof that shall encompass the extreme limits of the writing,
4574 representation, emblem, or other display. This does not include any supporting
4575 framework, bracing, or decorative fence or wall when such fence or wall otherwise meets
4576 the regulations of this Code and is clearly incidental to the display itself. See Figure 3-32.
4577 (B) The sign area for a sign with more than one face (multi-faced signs) shall be computed by
4578 adding together the sign area of all sign faces. Even in cases where two identical sign

DRAFT 5-26-09
4579 faces are placed back-to-back, the sign area shall be computed by adding together the
4580 sign area of each sign face.
4581 (C) The height of a sign shall be computed as the distance from the base of the sign at normal
4582 grade to the top of the highest attached component of the sign.
4583 (D) Unless otherwise specifically stated, when a calculation is based on street frontage, the
4584 longest single street frontage shall be used and not the total of all street frontages.
4585
4586
4587 Figure 3-32: Illustration of how sign area is calculated.
4589 The following types of signs are exempted from all the requirements of this section, except for
4590 construction and safety regulations and the requirements set forth:
4591 (A) Public Signs
4592 Public signs with a noncommercial message, erected by or on the order of a public officer
4593 in the performance of his/her public duty, such as traffic signs, trespassing signs,
4594 memorial plaques, signs of historic interest and the like.
4595 (B) Integral Information
4596 Integral names of buildings, dates of erection, monumental citations, commemorative
4597 tablets and the like when carved into stone, concrete, or similar material or made of
4598 bronze, aluminum, or other permanent-type construction and made an integral part of the
4599 structure.
4600 (C) Private Traffic Direction
4601 (1) Signs directing traffic movement onto premises or within a premises, not exceeding
4602 four square feet (per side) in area and six square feet (per side) for industrial uses
4603 for each sign. Illumination of these signs shall be permitted in accordance with
4604 Section 3.7.13, Illumination. Horizontal directional signs on and flush with paved
4605 areas are exempt from these standards.
4606 (2) Private traffic direction signs that contain a commercial message shall not be
4607 exempt.
4608 (D) Vehicle Signs
4609 Signs on vehicles of any kind, provided the sign is painted or attached permanently to the
4610 body of the original vehicle and does not project or extend beyond the original
4611 manufactured body proper of the vehicle, except as specifically prohibited in Section
4612 3.7.8, Prohibited Signs.

DRAFT 5-26-09
4613 (E) Flags

4614 Flags identifying the emblem of government, school, or religious organization shall be
4615 exempt from this section with the exception that Section 3.7.10(B)(1) and Section 3.7.13,
4616 Illumination shall apply in all zoning districts.
4617 (F) Window Signs
4618 Signs that are painted or attached to the interior windows that do not cover more than 50
4619 percent of the window shall be exempt.
4620 3.7.6 Multiple-Use Buildings
4621 Any building that is designed to contain multiple principal uses and/or multiple tenants shall be
4622 considered a multiple-use building for the purposes of these sign regulations.
4623 (A) Any property owner who owns a multiple-use building shall be required to submit a
4624 signage plan for each such building.
4625 (B) The signage plan shall state the total allowable signage for the building and shall identify
4626 the allowable signage that will be allocated to each business space.
4627 (C) Such plan shall be filed with the city planner prior to any sign permit review.
4628 3.7.7 Liability for Damages
4629 This section shall not be construed to relieve or to limit in any way the responsibility or liability
4630 of any person who erects or owns any sign, for personal injury or property damage caused by
4631 the sign, nor shall this section be construed to impose upon the city, its officers, or its
4632 employees any responsibility or liability because of the approval of any sign under this section.
4633 3.7.8 Prohibited Signs
4634 All signs are prohibited which are described as follows:
4635 (A) Signs that contain or are an imitation of an official traffic sign or signal or contain the
4636 terms "stop," "go slow," "caution," "danger," "warning," or similar words.
4637 (B) Signs that may be confused with or construed as a traffic control device; that may hide
4638 any traffic sign, street sign or signal from view; or that may cause danger to traffic
4639 because of their size, location, movement, content, coloring, or manner of illumination.
4640 (C) Signs, that are not temporary, that move in any manner or have a major moving part.
4641 (D) Billboard signs or structures which are designed and erected for the purpose of selling
4642 advertising space or identifying a business not located on the property on which the sign
4643 is located.
4644 (E) Signs that are temporarily placed or attached on any part of a relatively stationary
4645 vehicle.
4646 (F) Portable changeable-copy signs, unless used as a temporary promotional sign, as allowed
4647 under Section 3.7.11, Temporary Signs.
4648 (G) Signs that are placed upon trees, public property, or utility poles.
4649 (H) Signs that display obscene language or actions.
4650 (I) Searchlights.
4651 (J) Inflatable signs.
4652 (K) Snipe signs.
4653 (L) Any sign attached to a roof that does not meet the definition of a “roof sign” in Article 6:
4654 Definitions.

DRAFT 5-26-09
4655 3.7.9 Design Guidelines

4656 The following standards are intended to direct the design elements of signage outside the
4657 downtown historic district. Each guideline shall be applied for each sign application based upon
4658 the review by the city planner:
4659 (A) Neon lights are permitted for messages and symbols, but shall not flash.
4660 (B) Signs on multiple-use buildings must be coordinated in the use of colors, materials, and
4661 shapes.
4662 (C) Landscaping Area Required
4663 (1) Ground and pylon signs shall have plantings at and around the base that serve to:
4664 (a) Screen the sign base and/or any lighting installed at ground level; and
4665 (b) Tie such signage to the principal use by using plantings that are similar to
4666 those used on the rest of the site.
4667 (2) Such plantings shall be of the type and size specified in Section 3.6.4, General
4668 Landscaping Material Standards.
4669 (3) A landscape plan indicating the location and type of plantings to be used in
4670 screening the base of the sign must be submitted prior to the issuance of a sign
4671 permit by the city.
4672 (4) A certified check or irrevocable letter of credit in favor of the city and in a form
4673 satisfactory to the city in the amount of 110 percent of the cost of the proposed
4674 plantings, as determined by a certified landscape professional, shall be held in
4675 escrow by the city until the plantings as indicated on the landscape plan approved
4676 in conjunction with the sign permit request are complete as determined by the city
4677 planner.
4678 (5) If the cost of plantings is not determined by a certified landscape professional, the
4679 City Planner shall determine the appropriate amount. The escrow or letter of credit
4680 shall be released to the applicant when all landscaping approved in conjunction
4681 with the sign permit application is installed to the satisfaction of the city planner.
4682 (6) If required plantings are not installed by the applicant within one year of issuance
4683 of a sign permit, the city shall have the right to install such plantings and to use the
4684 escrowed funds or to draw on the letter of credit to pay for such installation of
4685 plantings.
4686 3.7.10 Standards for Permanent Signs by Zoning District
4687 (A) Signs in the R1-B, R2-B, R3-B, R4-B, N1-B, and AH-S Districts
4688 (1) Two permanent ground-mounted signs may be allowed for each major subdivision
4689 with 50 or more lots, or multi-family development in the R1-B, R2-B, R3-B, R4-B,
4690 N1-B, and AH-S zoning districts provided that the signs meet the following
4691 requirements:
4692 (a) Signs may be permitted, at each development entrance along a city, county
4693 or state road;
4694 (b) The signs shall be setback 15 feet from the public right-of-way and five feet
4695 from any adjacent property lines;
4696 (c) Each sign may have a maximum sign area of 32 square feet not including
4697 any fence or wall on which the sign is located;

DRAFT 5-26-09
4698 (d) The base of all signs shall be constructed of the same building materials used
4699 for any multi-family building or other material approved by the city planner.
4700 (e) No such sign or any portion of the structure shall exceed five feet in height;
4701 and
4702 (f) Only concealed external light illumination may be permitted.
4703 (2) Public and institutional uses may have one wall sign and one ground-mounted sign
4704 totaling a maximum of 60 square feet in area.
4705 (a) The signs shall be setback 15 feet from the public right-of-way and five feet
4706 from any adjacent property lines;
4707 (b) The sign may include a changeable copy sign provided that it does not
4708 comprise more than 20 percent of the total sign area of the sign;
4709 (c) No such sign or any portion of the structure shall exceed five feet in height;
4710 and
4711 (d) Only concealed external light illumination may be permitted.
4712 (3) Larger signs for public and institutional uses may be considered as part of a
4713 conditional use permit.
4714 (4) Agricultural uses may have one sign that meets the same requirements as those
4715 signs allowed for public and institutional uses; however, changeable copy signage
4716 shall be prohibited on signs for agricultural uses.
4717 (5) Commercial or office uses that are permitted in the N1-B district shall comply with
4718 the sign standards established for the NC-F district in Section 3.7.10 (C) below.
4719 (B) General Requirements for Signs in the C1-B, C2-B, I1-B, NC-F, and ED-F
4720 Districts16
4721 (1) No pylon sign shall exceed 20 feet in height above the grade at the centerline of the
4722 street in front of the property. All ground-mounted flag poles, banners and
4723 pennants are also restricted by this height limitation.
4724 (2) Illumination of signs is permitted, but in accordance with the restrictions stated
4725 under Section 3.7.13, Illumination.
4726 (3) Sidewalk Signs
4727 (a) Sidewalks signs are permitted in the C1-B district only.
4728 (b) All sidewalk signs shall be limited to two feet in width and three and one-
4729 half feet in height, including the support members.
4730 (c) No sign shall have more than two faces.
4731 (d) The sign shall be placed only in front of the business without significantly
4732 limiting the normal pedestrian use of the sidewalk.
4733 (e) One sign is permitted for each business, and it shall be removed from the
4734 sidewalk at the end of each business day.
4735 (f) No sidewalk sign shall be illuminated.
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.

DRAFT 5-26-09
4736 (g) No zoning certificate shall be required.

4737 (C) Standards for the C1-B, C2-B, and NC-F Districts
4738 This subsection shall apply to the C1-B, C2-B, and NC-F districts.
4739 (1) Size
4740 (a) A total of one and one-half square feet of signage for each lineal foot of
4741 building frontage shall be permitted as the total allotted sign area.
4742 (b) If a building is situated on a corner with a second street frontage, one
4743 additional square foot of signage (for the total allotted sign area) shall be
4744 permitted for each lineal foot of building frontage, not to exceed 100 square
4745 feet except as limited by paragraphs (c) and (d) below.
4746 (c) Not more than ten percent of the building elevation area in the C1-B, C2-B,
4747 or NC-F districts may be used for wall signage. The building elevation area
4748 shall be determined by multiplying the total building by the height of the
4749 wall or surface area. See Figure 3-33.
4750
4751 Figure 3-33: Calculation of maximum wall sign area.
4752
4753 (d) Either one pylon or one ground sign may be permitted for each building
4754 frontage and shall not exceed 100 square feet per face and shall not have
4755 more than two faces.
4756 (e) The total area of all signs shall not exceed allotted sign area.
4757 (f) Freestanding signs in the NC-F district shall be limited to one ground sign
4758 with a maximum height of three feet and a maximum square footage of 12
4759 square feet.17
4760 (2) Location
4761 (a) Signs may be wall signs and located anywhere on the wall surface of the
4762 building. Signs may be projecting signs and may project not more than 36
4763 inches beyond the face of the building and must have a minimum clearance
4764 of eight feet above a sidewalk and 15 feet above driveways or alleys.
17
Limitation for the F-NC district.

DRAFT 5-26-09
4765 (b) A pylon or ground sign may be located anywhere back of the street right-of-
4766 way lines, subject to other restrictions in this section.
4767 (c) Signs may be on the vertical faces of awnings and may project below the
4768 lower edge of the awning not more than 12 inches. The bottom of awning
4769 signs shall be no less than eight feet above the sidewalk or grade at any
4770 point. No point of the sign shall project above the vertical awning face.
4771 (D) Signs in the I1-B and ED-F Districts
4772 This subsection shall apply to the I1-B and ED-F districts.
4773 (1) Size
4774 (a) For each industrial property, a maximum of one square foot for each lineal
4775 foot of building frontage or one-half square foot for each lineal foot of land
4776 frontage is permitted, whichever is greater, as a total allotted sign area.
4777 (b) No wall sign shall exceed 200 square feet per wall.
4778 (c) One ground sign may be permitted for each building frontage, and the sign
4779 shall not exceed 100 square feet per face and shall not have more than two
4780 faces.
4781 (d) The total area of all signs shall not exceed allotted sign area.
4782 (2) Location
4783 Signs may be wall signs and located anywhere on the surface of the building. Signs
4784 may be pylon or ground signs. Signs may be projecting signs and may project no
4785 more than 36 inches beyond the face of the building and must have a minimum
4786 clearance of eight feet above a sidewalk and 25 feet above driveways or alleys.
4787 (E) Signs in the CD-S and PI-S Districts
4788 This subsection shall apply to the CD-S and PI-S districts.
4789 (1) Height
4790 (a) Ground and kiosk signs may not exceed eight feet in height above the center
4791 line of the street in front of the property.
4792 (b) Pylon signs are prohibited.
4793 (2) Size
4794 Square footage for ground and kiosk signs shall be approved pursuant to an
4795 approved signage plan. A ground sign shall not exceed 100 square feet per face and
4796 shall not have more than two faces. A kiosk sign shall not exceed 20 square feet per
4797 face and shall not have more than four faces. Not more than ten percent of the
4798 building elevation area may be used for wall signage.
4799 (3) Signage Plan for the CD-S District
4800 For colleges wishing to install additional on-campus signage, except for wall
4801 signage identifying the name of the building, a signage plan shall be submitted to
4802 the city planner for review and approval. The signage plan shall include locations,
4803 sizes, dimensions, materials, height, and color of all existing and proposed ground
4804 and kiosk signs of the college. Except as otherwise provided for in this section, all
4805 new wall, ground and kiosk signs shall be subject to the zoning certificate approval
4806 process and all other applicable provisions of this section.

DRAFT 5-26-09
4807 (4) Location

4808 (a) Signs may be wall signs located anywhere on the surface of the building.
4809 (b) Signs may be projecting signs and may project not more than 36 inches
4810 beyond the face of the building, and must have a minimum clearance of
4811 eight feet above a sidewalk and 15 feet above a driveway or alley.
4812 (c) Signs may be ground or kiosk signs.
4813 (d) Signs shall be subject to sight distance triangle setbacks (See Section
4814 3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle)
4815 as defined in this Code).
4816 (F) Signs in the DH-O District and on Heritage Preservation Sites
4817 (1) This subsection applies to the DH-O district and other sites that have been
4818 designated as heritage preservation sites.
4819 (2) Signage shall be designed to enhance and complement the historic character of
4820 buildings within the historic district.
4821 (3) Prior to issuance of a zoning certificate, the applicant shall be required to apply for,
4822 and receive, a certificate of appropriateness for the sign.
4823 (4) HPC shall review the sign permit application in accordance with the following
4824 guidelines:
4825 (a) All sign permits for property within the DH-O shall comply with both the
4826 requirements of this section.
4827 (b) Whenever possible, sign review shall be guided by the use of historic
4828 photographs or visual records of the building or site.
4829 (c) Temporary signs meeting the requirements of this section do not require
4830 review by the heritage preservation commission and can be approved by the
4831 city planner.
4832 (d) Pylon signs are prohibited.
4833 (5) Placement
4834 Signs shall be positioned so they are an integral design feature of the building, i.e.,
4835 signs shall help complement and enhance the architectural features of the building.
4836 They shall be placed so that they do not destroy architectural details such as stone
4837 arches, glass transom panels, or decorative brickwork. Unless other placement is
4838 specifically approved by the heritage preservation commission for reasons stated in
4839 the certificate of appropriateness issued by the heritage preservation commission,
4840 signs may be placed only as follows:
4841 (a) At or above the horizontal lintel, cornice, or beltcourse, or above the
4842 storefront windows;
4843 (b) Projecting from the building;
4844 (c) Applied to or painted on canvas awnings; or
4845 (d) In areas where signs were historically attached. See Figure 3-34.

DRAFT 5-26-09
4846
4847 Figure 3-34: Illustration of where signs are historically attached to
4848 buildings in the downtown historic district.
4849 (6) Sign Shape
4850 Signs shall be designed to match the historic time period elements and regional
4851 locations of the city, which primarily exclude such features as cut corners and
4852 nonrectangular shapes. In most cases, the edges of signs shall include a raised
4853 border that sets the sign apart from the building surface or hanging space.
4854 Individual raised letters set onto the sign area surface are also preferred.
4855 (7) Colors
4856 Sign colors shall coordinate with the building facade to which the sign is attached
4857 and shall be compatible with the property's use. A combination of soft/neutral
4858 shades and dark/rich shades are encouraged in order to reflect the historical time
4859 period. No more than two colors shall be used for the sign letters.
4860 (8) Material
4861 Signs and sign letters should be made of wood or metal that is in keeping with the
4862 corresponding historic period of the building. Brackets for projecting signs shall be
4863 made of iron or other painted metal, and shall be secured at the top of the sign, and
4864 anchored into the mortar, not the masonry.
4865 (9) Message
4866 The sign message shall be legible and shall relate to the nature of the business.
4867 These requirements may be accomplished through the use of words, pictures,
4868 names, symbols, and logos.
4869 (10) Lettering
4870 Lettering styles shall be legible and shall relate to the character of the property's
4871 use and the era of the building. Lettering shall preferably include serif rather than
4872 strictly block-type styles. Each sign shall contain no more than two lettering styles,
4873 and the lettering shall occupy no more than approximately 60 percent of the total
4874 sign area.

DRAFT 5-26-09
4875 (11) Illumination

4876 External illumination of signs is permitted by incandescent or fluorescent light, but
4877 shall emit a continuous white light that prevents direct shining onto the ground or
4878 adjacent buildings. Exposed neon signs shall be permitted when installed inside
4879 windows or the interior of the building. The use of internally lit signs, such as but
4880 not limited to backlit plastic, is not permitted. Exceptions to this guideline shall be
4881 allowed for public service, time/temperature and theater signs.
4882 (12) Historic Building Names
4883 Permanent historic names on buildings shall be reviewed by the heritage
4884 preservation commission when changed or painted. These signs are not subject to
4885 the standard sign area requirement.
4886 (G) Signs in the PD-O District
4887 Signs approved as part of a previous approved PUD shall be allowed to continue under
4888 the PD-O district. Any changes to a sign, other than copy changes and general
4889 maintenance, in the PD-O district shall be subject to the applicable standards of the
4890 underlying base zoning district.
4891 3.7.11 Temporary Signs
4892 The following signs shall be permitted anywhere within the city provided they meet the
4893 established standards:
4894 (A) Temporary Signs Require a Zoning Certificate
4895 The installation of a temporary sign shall require a zoning certificate unless the sign is
4896 less than four square feet in sign area or contains only noncommercial speech.
4897 (B) Temporary Signs on Properties for Rent or Sale
4898 Temporary signs with a commercial message may be located on properties for sale, lease,
4899 or rent in all zoning districts, without a zoning certificate, as follows:
4900 (1) Signs in the AH-S, R1-B, R2-B, R3-B, R4-B, N1-B, and NC-F districts shall have
4901 a maximum sign area of 12 square feet and a maximum height of five feet.
4902 (2) Signs in all other zoning districts shall have a maximum sign area of 12 square feet
4903 and a maximum height of five feet.
4904 (3) Such signs shall be removed within seven days of the sale, rental, or lease or within
4905 two years, whichever occurs first.
4906 (C) Temporary Signs with Noncommercial Speech
4907 Temporary signs that have no commercial message are permitted in all districts as
4908 follows:
4909 (1) Zoning certificates and fees shall not be required; and
4910 (2) Signs shall be setback a minimum of 12 feet from the edge of pavement on any
4911 street to provide for visibility.
4912 (D) Project Signs
4913 (1) Project signs are allowed up to a total of one-half square foot for every lineal foot
4914 of land frontage along a public right-of-way up to a maximum of 50 square feet.
4915 One-sided signs only are allowed. Location shall be generally parallel to the public
4916 right-of-way and shall be on the tract they identify. Project signs must be removed

DRAFT 5-26-09
4917 when 75 percent of the tract is sold or leased or after ten years has elapsed from
4918 erection of the sign, whichever shall come first.
4919 (2) Temporary signs may be permitted during the construction of a development under
4920 the following provisions:
4921 (a) The owner of the property where the sign will be located applies for, and
4922 receives a zoning certificate for the sign;
4923 (b) There shall be a limit of one sign per premises and such sign shall not exceed
4924 32 square feet per side with a maximum of two sides; and
4925 (c) The temporary sign may be posted during construction and/or development
4926 of the subject property without a specific time limit. The sign shall be
4927 removed within 14 days of completion of construction or development.
4928 (E) Promotional Signs
4929 (1) Signage for promotional events shall be permitted for a period not to exceed seven
4930 days prior to the event and shall be removed within 24 hours after the event. The
4931 sign may be allowed for a maximum of 24 days within any single 12-month period.
4932 (2) Promotional signs shall require a zoning certificate.
4933 (F) Garage/Yard Sale Signs
4934 (1) On-site garage or yard sale signs shall not exceed six square feet and be located at
4935 least five feet from the sidewalk or street in the absence of a sidewalk.
4936 (2)
Such signs may be erected up to three days before, and up to one day after, the
4937 dates of garage or yard sale.
4938 (G) Other Temporary Signs
4939 (1) Other temporary signs intended to be used until a permanent sign may be obtained
4940 and erected can be approved by the city planner for a period not to exceed 30 days.
4941 (2) Such sign shall not exceed the sign area permitted within the appropriate zone.
4942 (3) Such sign shall require a zoning certificate.
4943 3.7.12 Changeable-Copy Signs
4944 (A) Generally
4945 (1) All Changeable-copy signs shall be subordinate to the main signage permitted on
4946 the property. The sign area of changeable-copy signs shall be counted as part of the
4947 total sign area permitted for the property. All permanent changeable-copy signs are
4948 strictly prohibited except for uses described in Subsections (B), (C) and (D) below.
4949 (2) Changeable-copy signs may include signs that are manually changed by a person or
4950 electronic/digital changeable-copy signs. Electronic/digital changeable-copy signs,
4951 where permitted, shall be static and shall not flash or move. Such copy may be
4952 changed as often as every 30 minutes.
4953 (B) Public and Institutional Uses
4954 Changeable-copy signs for public and institutional uses are subject to the following:
4955 (1) Only one changeable-copy sign is permitted for each use or parcel of land unless
4956 such signs are separated by a distance of 500 feet or more.
4957 (2) The sign face, which shall be limited to two faces, shall not exceed 20 square feet
4958 per face and a maximum letter height of four inches.

DRAFT 5-26-09
4959 (3) Electronic/digital changeable-copy signs shall only be permitted in nonresidential

4960 zoning districts.
4961 (C) Theaters
4962 Changeable-copy signs for theaters are subject to the following:
4963 (1) A maximum of two manual or electronic/digital changeable-copy signs are
4964 permitted.
4965 (2) The total changeable-copy signage shall not exceed 50 percent of the total signage
4966 allowed.
4967 (D) Signs Associated with Gasoline Stations
4968 Changeable-copy signs for gasoline stations are subject to the following:
4969 (1) One price information sign is permitted per building frontage.
4970 (2) Each sign shall not exceed 12 square feet per face and shall have no more than two
4971 faces.
4972 (3) Each sign must be permanently installed.
4973 3.7.13 Illumination
4974 (A) Illumination for signs, if used, shall not blink or fluctuate. Light rays shall shine only
4975 upon the sign or upon the property within the premises and shall not spill over the
4976 property lines, in any direction, except by indirect reflection.
4977 (B) Section 3.7.13(A) shall not apply to the following:
4978 (1) Lighting systems owned or controlled by any public agency for the purpose of
4979 directing of traffic or for highway or street illumination;
4980 (2) Aircraft warning lights; or
4981 (3) Temporary lighting used for repair or construction as required by governmental
4982 agencies.
4983 3.7.14 Nonconforming Signs
4984 Standards for nonconforming signs are as follows:
4985 (A) A legal nonconforming sign shall immediately lose that status if the sign is altered in any
4986 way in structure or copy, except for changeable-copy signs and normal maintenance,
4987 which makes the sign comply less with the requirements of this section than it did before
4988 the alteration.
4989 (B) If a sign loses its legal nonconforming status pursuant to paragraph (A) above, a new
4990 zoning certificate shall be required or the sign shall be removed.
4991 (C) Nonconforming sign areas shall be governed by the area requirements of the zoning
4992 district into which they would normally be placed.
4993 (D) Nothing in this subsection shall relieve the owner or user of the property on which a
4994 nonconforming sign is located from the sections regarding safety, maintenance, and
4995 repair of signs. If, however, any repainting, cleaning, and other normal maintenance or
4996 repair of the sign or sign structure modifies the sign structure or copy in any way which
4997 increases its nonconformity, the sign shall lose its legal nonconforming status.
4998 3.7.15 Abandoned Signs
4999 (A) Except as otherwise provided in this section, any sign that is located on property which
5000 becomes vacant and unoccupied for a period of three months or more or any sign which

DRAFT 5-26-09
5001 pertains to a time, event, or purpose that no longer applies shall be deemed to have been
5002 abandoned.
5003 (B) Permanent signs applicable to a business temporarily suspended because of a change of
5004 ownership or management of such business shall not be deemed abandoned unless the
5005 property remains vacant for a period of six months.
5006 (C) An abandoned sign is prohibited and shall be removed by the owner of the sign or owner
5007 of the property.
5008 3.7.16 Maintenance and Repair
5009 (A) Every sign shall be maintained in a safe, presentable and good structural condition at all
5010 times, including the replacement of defective parts, painting, repainting, cleaning and
5011 other acts required for the maintenance of the sign. If the sign is not made to comply with
5012 adequate safety standards, the city planner shall require its removal in accordance with
5013 this section.
5014 (B) No person shall maintain or permit to be maintained on any premises owned or controlled
5015 by them any sign which is in a dangerous or defective condition. Any such sign shall be
5016 removed or repaired by the owner of the sign or the owner of the premises.
5017 3.7.17 Repair or Removal by City Planner
5018 (A) The city planner shall cause to be repaired or removed any sign that does not conform to
5019 the standards of this section or that endangers the public safety such as an abandoned
5020 sign, a dangerous sign or a materially sign, an electrically sign or a structurally defective
5021 sign or a sign for which no permit has been issued. The City Planner shall prepare a
5022 notice that shall describe the sign and shall specify the violation involved and shall state
5023 that, if the sign is not repaired or removed or the violation is not otherwise corrected
5024 within 30 days, the sign shall be repaired or removed in accordance with this section.
5025 (B) All notices mailed by the city planner shall be sent by certified mail to the property
5026 owner. Any time periods provided in this section shall be deemed to commence on the
5027 date of the receipt of the certified mail.
5028 (C) Notwithstanding Subsections (A) and (B) above, in an emergency the city planner may
5029 cause the immediate repair or removal of a dangerous or defective sign that poses a
5030 hazard to public safety, without notice.
5031 (D) The notice given by the city planner shall state the remedial action required to be taken
5032 and that, if such action is not taken within the time limits set forth in this section, the city
5033 may do the work and assess the cost thereof against the property on which the sign is
5034 located, together with an additional five percent of the cost of the remedial action for
5035 inspection and incidental costs, and an additional ten-percent penalty for the cost of
5036 collection, which shall be collected in the same manner as real estate taxes against the
5037 property.
5038 (E) If the owner of the property shall fail, neglect, or refuse to comply with the notice to
5039 repair, rehabilitate or remove the sign declared to be unlawful, they may be prosecuted
5040 for violation of this section.
5041 (F) If it shall be necessary for the city planner to repair or remove a sign pursuant to this
5042 section, bids shall be taken when the estimated costs of repair or removal exceed
5043 $500.00. 18When completed, the city planner shall certify to the finance director the legal
5044 description of the property upon which the work was done, together with the name of the
18
Staff to check to see if bids are still required. The City Attorney should also review this section.

DRAFT 5-26-09
5045 owner thereof as shown by the tax rolls of the related municipal area, together with a
5046 statement of the work performed, the date of performance, and the cost thereof.
5047 (G) Upon receipt of such certification, the city planner shall mail a notice to the owner of the
5048 premises as shown by the tax rolls, at the address shown upon the tax rolls, by certified
5049 mail, postage prepaid, notifying such owner that the work has been performed pursuant to
5050 this section. Such notice shall state the date of performance of the work, the nature of the
5051 work, and shall demand payment of the cost thereof, as certified by the city planner,
5052 together with five percent for inspection and other incidental costs in connection
5053 therewith. Such notice shall also state that if the amount is not paid within 30 days of
5054 mailing of the notice, it shall become an assessment upon and a lien against the property
5055 of the owner, describing the property, and shall be certified as an assessment against the
5056 property, together with a ten-percent penalty, for collection in the same manner as the
5057 real estate taxes upon the property.
5058 (H) If the city planner shall not receive payment within a period of 30 days following the
5059 mailing of such notice, the city planner shall inform the city council of such fact. A
5060 hearing to confirm the costs shall be held before the city council. At such hearing the
5061 owner of the property or other interested persons may appear and object to the proposed
5062 assessment. Notice of the hearing shall be given at least ten days prior to the date of the
5063 hearing to the property owner by mailing a notice of the hearing to the address of the
5064 property owner as shown on the last equalized assessment roll. The council may
5065 thereupon enact a resolution assessing the whole cost of such work, including the five
5066 percent for inspection and other incidental costs in connection therewith, upon the lots
5067 and tracts of land upon which the sign is or was located, together with a ten percent
5068 penalty for the cost of collection.
5069 (I) Following passage of such resolution the city planner shall certify the resolution to the
5070 county auditor, who shall collect the assessment, including the ten percent penalty, in the
5071 same manner as other taxes are collected. Each such assessment shall be a lien against
5072 each lot or tract of land assessed, until paid, and shall have priority over all other liens
5073 except general taxes and prior special assessments.
5074 3.8 Off-Street Parking, Loading, and Mobility

5075 3.8.1 Purpose
5076 The purpose of this section is to regulate the amount and location of vehicle parking and
5077 maneuvering areas in order to promote a more efficient use of land, enhance urban form,
5078 encourage the use of alternative modes of transportation, provide for better pedestrian
5079 movement, and protect air and water quality. The provisions of this section are intended to:
5080 (A) Prevent and alleviate the congestion of public streets;
5081 (B) Encourage the incorporation of alternative modes of transportation by emphasizing
5082 pedestrian circulation and establishing requirements for bicycle parking;
5083 (C) Increase and protect the capacity of the roadway system;
5084 (D) Promote greater safety of passage between highway and land;
5085 (E) Minimize the detrimental effects of vehicular use areas on adjacent properties;
5086 (F) Encourage the reduction of impervious surfaces through effective design and the use of
5087 shared and on-street parking where practical; and
5088 (G) Promote the health, safety, and public welfare by establishing minimum requirements for
5089 off-street parking and loading areas as well as provisions for access control.

DRAFT 5-26-09

5091 (A) New Uses
5092 The parking and loading requirements of this section shall apply to a site plan review or
5093 zoning certificate application for the construction of a new building or use in any district.
5094 (B) Expanded Uses
5095 (1) Whenever a building or use created prior to the effective date of this Code is
5096 changed or enlarged in floor area, number of units, seating capacity, or otherwise
5097 that will create a need for an increase in the number of parking spaces, the
5098 additional parking spaces shall be provided on the basis of the new demand created
5099 by the enlargement or change.
5100 (2) If the proposed expansion or enlargement will increase the floor area, number of
5101 dwelling units, seating capacity, or other area to an extent larger than 20 percent of
5102 the building or use prior to the effective date of this Code, then the entire site shall
5103 come into compliance with the requirements of this section.
5104 (3) Any expansion or enlargement smaller than that established in paragraph (2) above
5105 shall comply with the requirements of this section for any new parking or loading
5106 areas required for the expansion. In cases where these small expansions or
5107 enlargements occur over a period of time after the effective date of this Code, the
5108 site shall come into full compliance with the requirements of this section once the
5109 total expansion or enlargement of the floor area, number of dwelling units, seating
5110 capacity of other area exceed 20 percent of the original size at the time this code
5111 became effective.
5112 (C) Change of Use
5113 No change of use shall be authorized unless the new use meets the minimum number of
5114 parking spaces required by this section.
5115 (D) Existing Uses
5116 The parking and loading requirements of this section shall not apply to buildings and uses
5117 legally in existence on the effective date of this Code unless modified in the manner
5118 stated in Subsections (A) or (B) above. Furthermore, any parking or loading facilities
5119 now serving such existing buildings or uses shall not be reduced below the requirements
5120 established in this section in the future.
5121 (E) Maintenance
5122 The duty to provide and maintain all such parking and loading areas shall be the joint
5123 responsibility of the owner, operator, and lessee of the use for which the vehicular areas
5124 are required. Each land use and structure, including a change or expansion of a land use
5125 or structure, shall provide suitable off-street parking and loading facilities in compliance
5126 with this section.
5128 (A) Parking Plan Required
5129 Plans for all parking facilities, including parking garages, shall be submitted to the city
5130 planner for review whether through zoning certificate review or site plan review.

DRAFT 5-26-09
5131 (B) Parking and Loading Spaces to be Permanent

5132 Each parking and loading space shall be permanently available, marked, and maintained
5133 for parking or loading purposes for the use it is intended to serve; provided, that the
5134 approval of a temporary use permit may allow the temporary use of a parking or loading
5135 space for other purposes.
5136 (C) Parking and Loading to be Unrestricted
5137 A lessee, owner, tenant, or other person having control of the operation of premises for
5138 which parking or loading spaces are required by this section shall not prevent, prohibit, or
5139 restrict authorized persons from using the spaces without the prior approval of the city
5140 planner.
5141 (D) Truck Parking in Residential Areas
5142 No motor vehicle over one-ton capacity bearing a commercial license and no
5143 commercially licensed trailer shall be parked or stored in a residential district or on a
5144 public street except when loading, unloading, or rendering a service. Recreational
5145 vehicles and pickups are not restricted by the terms of this subsection.
5146 (E) Vehicles for Sale
5147 No vehicle, trailer, or other personal property shall be parked on private property for the
5148 purpose of displaying the vehicle, trailer, or other personal property for hire, rental, or
5149 sale, unless the applicable zoning allows the use, and the person or business at that
5150 location is licensed to sell vehicles, trailers, or other personal property.
5151 (F) General Access and Circulation Requirements
5152 (1) The traffic generated by any use, whether vehicular or pedestrian, shall be
5153 channeled and controlled in a manner that will avoid:
5154 (a) Congestion on the public streets;
5155 (b) Traffic hazards including obstacles to safe pedestrian and bicycle access; and
5156 (c) Excessive traffic through residential areas, particularly truck traffic. Internal
5157 traffic shall be so regulated as to ensure its safe and orderly flow.
5158 (2) Traffic into and out of business areas shall, to the maximum extent possible, be
5159 forward moving with no backing into streets.
5160 3.8.4 Rules for Computation
5161 The following rules shall apply when computing parking, loading, or stacking spaces:
5162 (A) On-Street Parking
5163 On-street parking spaces may shall not be counted toward off-street parking space
5164 requirements except as may otherwise be provided for this Code.
5165 (B) Driveway Space Meeting Parking Requirements
5166 Entrances, exits, or driveways shall not be computed as any part of a required parking lot
5167 or area, except in the case of single-family, two-family, and three-family dwellings where
5168 driveways may be used in calculating the amount of off-street parking.
5169 (C) Multiple Uses
5170 Unless otherwise noted or approved, off-street parking areas serving more than one use
5171 shall provide parking in an amount equal to the combined total of the requirements for
5172 each use.

DRAFT 5-26-09
5173 (D) Area Measurements

5174 All square footage-based parking standards shall be computed on the basis of gross floor
5175 area of all floors in a nonresidential building. Up to 15 percent of the gross floor area may
5176 be excluded from the above calculation if the area is used for storage, loading, unloading,
5177 or for mechanical equipment.
5178 (E) Gasoline Stations
5179 Spaces at the pump at a gas station may count toward the minimum parking space
5180 requirements.
5181 (F) Occupancy- or Capacity-Based Standards
5182 (1) For the purpose of computing parking requirements based on employees, students,
5183 residents, or occupants, calculations shall be based on the typical, or average,
5184 number of persons working on a single shift, the typical, or average, enrollment, or
5185 the maximum fire-rated capacity, whichever is applicable.
5186 (2) In hospitals, bassinets shall not be counted as beds.
5187 (3) In the case of benches, pews and similar seating accommodations, each 24 inches
5188 thereof shall be counted as one seat for the purpose of determining the parking
5189 requirements.
5190 (G) Unlisted Uses
5191 (1) Upon receiving an application for a use not specifically listed in the parking
5192 schedule below, the city planner shall apply the parking standard specified for the
5193 listed use that is deemed most similar to the proposed use in regards to use, size and
5194 intensity of use.
5195 (2) If the city planner determines that there is no listed use similar to the proposed use,
5196 intensity, or size, they may refer to the estimates of parking demand based on
5197 recommendations of the American Planning Association (APA), the Urban Land
5198 Institute (ULI) and/or the Institute of Traffic Engineers (ITE).
5199 (3) The city planner’s decision regarding parking requirements for a specific use is
5200 appealable to the ZBA as established in Section 5.5.17, Appeals.
5201 (H) Tandem Parking
5202 The use of tandem parking (when one space is located directly behind another) is
5203 allowed; however, the parking spaces that will be blocked, or potentially blocked by
5204 other vehicles shall not count toward the requirements of this section. Single-family and
5205 two-family dwelling units shall be exempt from this requirement.
5206 (I) Parking Areas within a Structure
5207 No parking area located within the interior of a structure shall be counted in meeting the
5208 off-street parking requirements of this section except when located within a private
5209 garage, parking garage, or other facility designed for the parking of cars.
5210 3.8.5 Off-Street Parking Space Requirements
5211 Note: There was discussion at the Advisory Group meeting as to whether the City should require
5212 only a maximum, not a minimum number of parking spaces. Staff will prepare alternatives for the
5213 Planning Commission to consider prior to the discussion of this Section.
5214 (A) Table 3.8-1 defines the number of parking spaces required for each use within the city.
5215 (B) The applicant may vary from the required number of parking spaces in accordance with
5216 Section 3.8.8(A), Modification of Required Number of Spaces.

DRAFT 5-26-09
5217 (C) Uses in the C1-B district are exempt from these requirements.
5218 (D) See Section 3.8.7, Bicycle Parking for off-street parking requirements for bicycles.
5219
Table 3.8-1: Number of Parking Space Requirements
Use Parking Space Requirements
Residential Uses
Boarding, Lodging, or Tourist
One space per Two bedrooms
Homes
Residence Halls One space for every unit
Nursing and Convalescent Homes One space pertwo2 beds
Residential-Care, Licensed In-Home One space per two bedrooms in addition to those required for the dwelling
for Six or Fewer Persons unit type
One and one half spaces per dwelling unit for efficiencies and one-bedroom
Dwelling, Multi-Family units and two spaces per dwelling unit for dwellings within two or more
bedrooms
Dwelling, Single-Family, Two-
Two spaces per dwelling unit
Family, or Three-Family
Two spaces per manufactured home on or directly adjacent to the
Manufactured Home Park
manufactured home stand
Office Uses
General Offices One spaces per 350 square feet with a minimum of five spaces
Medical or Dental Clinic or Offices Five spaces per 1,000 square feet with a minimum of five spaces
Commercial Uses
Adult Uses Four spaces per 1,000 square feet with a minimum of five spaces
Animal Hospital/Veterinary Clinics Four spaces per 1,000 square feet with a minimum of five spaces
Auto Service Stations and Repair
Four spaces per 1,000 square feet
Facilities
Banks or Financial Institutions Four spaces per 1,000 square feet with a minimum of five spaces
One space pertwo2 persons, or one per 1,000 square feet, whichever is
Banquet Halls
greater
Bars, Taverns, Nightclubs Ten spaces per 1,000 square feet
Day Care Facilities One space for each four children at maximum occupancy
Motor Vehicle, Boat, Trailer, or
Ten spaces per 1,000 square feet of indoor floor area, plus two spaces per
Recreational Vehicle Sales, Rental,
service bay (service bay may not be counted as a parking space).
and Service
Three spaces per washing bay (washing bay may not be counted as a
Car/Truck Washing Establishments
parking space).
Funeral Home One space per 50 square feet
Four spaces per 1,000 square feet of floor area, excluding services bays,
Gasoline Station (Fuel Sales) plus one space per fuel pump or service bay (service bay may not be
counted as a parking space).
Hotel, Motel, Extended Stay
One space per room or suite plus five spaces for employees
Establishments
Six spaces per 1,000 square feet, or two spaces per station/chair, whichever
Personal Services
is greater
One space per two fixed seats or one space per two persons based on the
Private Clubs
maximum occupancy, whichever is greater
15 spaces per 1,000 square feet or one space for each four seats, whichever
Restaurants
is greater

DRAFT 5-26-09
Table 3.8-1: Number of Parking Space Requirements

Use Parking Space Requirements
Restaurant, Limited Service Eight spaces or one space for each four seats, whichever is greater
Retail Sales and Service Four spaces per 1,000 square feet
Retail Sales and Service (Outdoors) One space per 750 square feet
Industrial, Manufacturing, Research, and Wholesale Uses
Contractor Offices, Warehouses,
One space per 750 square feet
and Yards
Distribution Facilities One space per 2,000 square feet
Industrial or Manufacturing Uses One and one half spaces per 1,000 square feet.
Mini-Warehouses One space per two storage units
Outdoor Storage and Sales of
One space per 750 square feet
Material, Wholesale
Warehouses One space per 2,000 square feet
Public, Institutional, or Recreational Uses
Amphitheaters, auditoriums,
One space per two fixed seats or one space per two persons based on the
stadiums, theaters, and other places
maximum occupancy, whichever is greater
of assembly
Ballfields 20 spaces per field
Cemetery One space per four seats in a chapel or place of assembly
Cultural Institutions Three spaces per 1,000 square feet
Day Care Facilities (Centers) One space for every four children
Golf Course Eight spaces per hole
One space for every two patient beds plus outpatient clinics, laboratories,
Hospital pharmacies and other similar uses shall have four spaces per 1,000 square
feet
Recreational Facilities (Indoors) Two spaces per 1,000 square feet
One space per three fixed seats in the main assembly room or one space per
Religious Institutions
three persons, whichever is greater
Three spaces per classroom, one space per four seats in auditorium, or one
School (Elementary) space for each 17 classroom seats (at maximum capacity), whichever is
greater
School (Nursery or Kindergarten) One space for every four children
School (Secondary) One space per five students
School (Trade, Business, College, One space for each five classroom seats plus one space for each auditorium
Seminary, or University, or Other) seat
Telecommunication Facilities and
One space per structure
Antennas
5220
5221 3.8.6 Disabled Parking Requirements
5222 Parking spaces required for the disabled shall be provided in compliance with all the applicable
5223 State and Federal requirements. All spaces for the disabled shall be located so that:
5224 (A) The spaces provide easy access from the closest parking area to the major entrance of the
5225 use for which they are provided;
5226 (B) The disabled individual is not compelled to wheel or walk behind parked cars other than
5227 his or her own;

DRAFT 5-26-09
5228 (C) A pedestrian way accessible to physically disabled persons shall be provided from each
5229 parking space to related facilities including curb cuts or ramps.
5230 3.8.7 Bicycle Parking
5231 (A) For uses that are required to have 20 or more parking spaces, bicycle racks or other
5232 bicycle parking (and locking) accommodations shall be provided at a rate of one space
5233 for every five parking spaces.
5234 (B) The bicycle parking accommodations shall be located in an area that will not pose a
5235 safety hazard to the bicyclists.
5236 (C) Bicycle parking shall be subject to review and approval by the DRC as part of any permit
5237 review.
5238 3.8.8 Modification of Parking Requirements
5239 (A) Modification of Required Number of Spaces
5240 For all uses except single-, two-, and three-family dwellings, the number of parking
5241 spaces required in Table 3.8-1 above may be modified according to the following
5242 provisions.
5243 (1) Providing More Parking Spaces than the Required Number of Spaces
5244 (a) An applicant shall provide the number of spaces equal to the number of
5245 required spaces or up to ten percent more as of right.
5246 (b) An applicant may provide additional spaces beyond those provided for in
5247 paragraph (a) above but shall be required to provide a parking study
5248 demonstrating a need for additional parking.
5249 (c) The additional spaces shall be constructed of a form of pervious paving
5250 material, approved by the city engineer, allowing for surface water
5251 infiltration.
5252 (2) Providing Fewer Parking Spaces than the Required Number of Spaces
5253 (a) An applicant shall provide the number of spaces equal to the number of
5254 required spaces or up to ten percent fewer as of right.
5255 (b) The reviewing authority may permit a total reduction of up to a maximum of
5256 50 percent of the required number of spaces upon compliance with
5257 paragraph (c) below.
5258 (c) Ten percent of the spaces required in Table 3.8-1 may be reduced as of right
5259 but the remaining percentage, with a maximum reduction of 50 percent, may
5260 be permitted only if the applicant provides off-site parking spaces, shared
5261 parking spaces, or shadow parking spaces as provided for in this subsection.
5262 (B) Shadow Parking
5263 A portion of the required parking spaces may remain landscaped and unpaved or paved
5264 with pervious pavers provided that the parking and unpaved areas complies with the
5265 following standards and is authorized in accordance with Section 3.8.8, Modification of
5266 Parking Requirements. See Figure 3-35:
5267

DRAFT 5-26-09
5268
5269 Figure 3-35: Illustration of shadow parking concept.
5270 (1) The parking plan submitted with the zoning certificate or site plan review
5271 application shall denote the location and layout of that portion of the parking area
5272 that currently is deemed not required. The plan shall indicate that the “shadow”
5273 parking spaces will be constructed according to these regulations in the event that
5274 the city planner determines at any time that all or any portion of this parking is
5275 necessary.
5276 (2) At no time shall any portion of the required parking area that is so designated for
5277 future construction be used for the construction of any structure or paved surface
5278 with the exception that pervious pavers may be used to provide temporary parking
5279 provided that the pavers allow for grass and other vegetation to grow through the
5280 material.
5281 (3) At no time shall any portion of the required parking or loading that is so designated
5282 for future construction as provided herein be counted as open space or other non-
5283 paved areas required by other provisions of this section.
5284 (4) The owner shall initiate construction of the approved "future" parking area(s), as
5285 identified on the approved parking plan, within three months of the receipt of a
5286 certified letter or a letter through normal postal service (in the event that the
5287 certified letter is not accepted) sent to the owner of record from the city planner,
5288 identifying that such parking is determined to be necessary.
5289 (C) Shared Parking
5290 A portion of the required parking spaces may be located on an adjacent property if the
5291 parking area complies with the following standards and is authorized in accordance with
5292 Section 3.8.8, Modification of Parking Requirements.
5293 (1) Shared parking is encouraged and permitted if the multiple uses that the shared
5294 parking will benefit can cooperatively establish and operate the facilities.
5295 (2) The applicant shall have the burden of proof for reduction of the total number of
5296 parking spaces and shall document and submit information substantiating their
5297 request. Shared parking may be approved if:

DRAFT 5-26-09
5298 (a) A sufficient number of spaces is provided to meet the highest demand of the
5299 participating uses;
5300 (b) Evidence has been submitted by the parties operating the shared parking
5301 facility, to the satisfaction of the city planner, documenting the nature of
5302 uses and the times when the individual uses will operate so as to demonstrate
5303 the lack of potential conflict between them.
5304 (c) The shared parking spaces will not be located in excess of 500 feet from the
5305 further most point of the space to the front door, or other viable building
5306 entrance as approved by the city planner, of the use they are intended to
5307 serve;
5308 (d) A shared parking agreement is submitted and approved by the city attorney,
5309 that provides for the rights of the respective parties to use the shared parking
5310 areas in a manner adequate to accommodate multiple users or that parking
5311 spaces will be shared at specific times of the day (i.e., one activity uses the
5312 spaces during daytime hours and another activity use the spaces during
5313 evening hours). This agreement shall include provisions, evidence of deed
5314 restrictions or other recorded covenants that ensure that the spaces will be
5315 properly maintained during the life of the development.
5316 (e) The approved shared parking agreement shall be filed with the application
5317 for a zoning certificate and shall be filed with the appropriate county and
5318 recorded in a manner as to encumber all properties involved in the shared
5319 parking agreement.
5320 (f) No zoning certificate will be until proof of recordation of the agreement is
5321 provided to the city planner.
5322 (D) Off-Site Parking
5323 A portion of the required parking spaces may be located on a separate lot from the lot on
5324 which the principal use is located if the off-site parking complies with the following
5325 standards and is authorized in accordance with Section 3.8.8, Modification of Parking
5326 Requirements.
5327 (1) Off-site parking shall not be used to satisfy the off-street parking standards for
5328 residential uses, hospitals, bars (if not incidental to a restaurant), or convenience
5329 stores and other convenience-oriented uses. Required parking spaces reserved for
5330 persons with disabilities shall not be located in an off-site parking facility.
5331 (2) No off-site parking space shall be located more than 500 feet from the primary
5332 entrance of the use served, measured along the shortest legal, practical walking
5333 route. This route may include crossing a right-of-way provided it uses a legal
5334 crosswalk.
5335 (3) If an off-site parking area is located in a different zoning district, the off-site
5336 parking areas shall adhere to the regulations of the same or a more intensive zoning
5337 classification than that required for the use served.
5338 (4) In the event that an off-site parking area is not under the same ownership as the
5339 principal use served, a written agreement shall be required.
5340 (5) An off-site parking agreement shall be submitted and approved as to form by the
5341 city attorney. This agreement shall include evidence of deed restrictions or other
5342 recorded covenants that ensure that the spaces will be properly maintained during
5343 the life of the development.

DRAFT 5-26-09
5344 (6) The approved off-site parking agreement shall be filed with the application for a
5345 zoning certificate and shall be filed with the appropriate county and recorded in a
5346 manner as to encumber all properties involved in the off-site parking agreement.
5347 (7) No zoning certificate will be issued until proof of recordation of the agreement is
5348 provided to the city planner.
5349 3.8.9 Location of Parking
5350 (A) Generally
5351 (1) Unless otherwise stated, parking spaces shall be located on the same lot as the
5352 principal use they serve unless the spaces meet the requirements of Section
5353 3.8.8(C), Shared Parking or Section 3.8.8(D), Off-Site Parking.
5354 (2) Parking is prohibited in any required screening or landscaping buffering areas as
5355 may be required in Section 3.6, Landscape, Screening, and Buffering Standards.
5356 (B) Spaces accessory to one- and two-family dwellings shall be on the same lot as the
5357 principal use served. Required spaces for all other uses shall be on the same lot as the
5358 principal use or off-site subject to the provisions in Section 3.8.8(D), Off-Site Parking.
5359 (C) Spaces accessory to multiple-family dwellings shall be on the same lot as the principal
5360 use served or within 200 feet of the main entrance to the principal building served.
5361 (D) When a parking area is located adjacent to a nonresidential structure, a minimum eight-
5362 foot wide (inside dimension) landscape strip shall be provided adjacent to the structure,
5363 exclusive of any building entries, or areas immediately adjacent to the wall of the
5364 structure that serve as pedestrian access ways. This landscape strip may include a
5365 sidewalk and landscaping but shall, at a minimum, include at least a three foot strip of
5366 landscaping along its length.
5367 (E) Setbacks
5368 (1) Parking lots, driving aisles, loading spaces and maneuvering areas shall have
5369 minimum setbacks as indicated in Table 3.8-2 unless otherwise stated in this Code.
19
5370
Table 3.8-2: Parking Area Setbacks
Zoning Districts Parking Area Setback
R2-B and R3-B Ten feet along lot lines and public rights-of-way
C2-B Eight feet along lot lines and ten feet along rights-of-way
I1-B Five feet along property lines and ten feet along rights-of-way
5371 (2) All setbacks near intersections of public streets shall be determined by the city
5372 engineer.
5373 3.8.10 Parking Design Standards
5374 Required parking areas shall be designed, constructed, and maintained in compliance with the
5375 requirements of this subsection.
5376 (A) Access to Parking
5377 Access to parking areas shall be provided as follows for all parking areas other than
5378 garages for individual dwelling units.
19
This table is from the existing Code but does not address parking areas for commercial and industrial uses
adjacent to residential uses.

DRAFT 5-26-09
5379 (1) Parking areas shall provide suitable maneuvering area so that vehicles enter from
5380 and exit to a public street in a forward direction only.
5381 (a) Parking lots shall be designed to prevent access at any point other than at
5382 designated access drives.
5383 (b) Single dwellings and multi-family dwellings units (up to a maximum of four
5384 units) are exempt from this requirement.
5385 (2) A nonresidential development that provides 20 or more parking spaces shall have
5386 access driveways that are not intersected by a parking aisle, parking space, or
5387 another access driveway for a minimum distance of 20 feet from the street right-of-
5388 way, to provide a queuing or stacking area for vehicles entering and exiting the
5389 parking area. See Figure 3-36.
5390
5391
5392
5393 Figure 3-36: Non-impeded access driveway.
5394
5395 (3) A minimum unobstructed clearance height of 14 feet shall be maintained above
5396 areas accessible to vehicles within nonresidential developments.
5397 (B) Access to Adjacent Sites
5398 (1) Nonresidential Developments
5399 (a) Applicants for nonresidential developments should provide on-site vehicle
5400 access to parking areas on adjacent nonresidential properties to provide for
5401 convenience, safety, and efficient circulation.
5402 (b) A joint access agreement running with the land shall be recorded at the
5403 county by the owners of the abutting properties, as approved by the city
5404 planner, guaranteeing the continued availability of the shared access between
5405 the properties.
5406 (2) Shared pedestrian access between adjacent residential developments is strongly
5407 encouraged but not required.
5408 (C) Parking Space Dimensions
5409 (1) Each parking space, driveway, and other parking lot features shall comply with the
5410 minimum dimensions in Table 3.8-3 as illustrated in Figure 3-37.
5411
5412

DRAFT 5-26-09
Table 3.8-3: Parking Space and Aisle Dimensions

Parking Stall Width Parking Stall Length
One-Way Two-Way
(Feet) (Feet)
Maneuvering Maneuvering
Angle of Parking
Aisle Width Aisle Width
(degrees) “B” “C”
(Feet) (Feet)
“A” “A” Compact Compact
Full Size Full Size
Size Size
0 o – Parallel 12 20 8 9 18 22
30 o – 53o 14 20 8 9 16 20
54 o – 75 o 18 22 8 9 16 20
76 o – 90 o 22 24 8 9 16 18
5413
5414
5415
5416
5417 Figure 3-37: Parking space and aisle requirements based on angle of parking.
5418
5419 (2) When the length of a parking space abuts a column, fence, wall, or other
5420 obstruction, the required width of the entire parking space shall be increased by at
5421 least one foot.
5422 (3) The required length of a parking space shall not provide for a vehicle overhanging
5423 a landscaped area or walkway. The entire length shall be composed of a surfacing
5424 material in compliance with Section 3.8.10(F), Grading, Surface, and Maintenance.
5425 (D) Use of Compact Vehicle Spaces
5426 (1) This subsection provides for the establishment of compact vehicles spaces as an
5427 alternative to full sized spaces.
5428 (2) For parking lots with 50 or more spaces, a minimum of five percent of the total
5429 spaces shall be designed for compact vehicle spaces.
5430 (3) A maximum of 20 percent of spaces in any single parking lot may be dedicated to
5431 compact parking spaces.

DRAFT 5-26-09
5432 (4) Compact spaces shall be clearly labeled for “compact cars” and grouped together in
5433 one or more locations or at regular intervals so that only compact vehicles can
5434 easily maneuver into the space.
5435 (5) Existing nonresidential developments that wish to utilize this section to create
5436 additional parking spaces (e.g., either by adding land area to an existing parking lot
5437 or modifying an existing parking lot to gain more spaces) shall first apply for site
5438 plan review.
5439 (6) Design techniques (e.g., use of lampposts and/or extra landscaped areas at the front
5440 of compact spaces) shall be incorporated into the parking lot plan to preclude the
5441 parking of standard size vehicles in compact vehicle spaces, subject to the approval
5442 of the city planner
5443 (7) The minimum off-street parking dimensions for compact vehicle spaces shall be as
5444 identified in Table 3.8-3.
5445 (8) When the length of a compact parking space abuts a column, fence, wall, or other
5446 obstruction, the required width of the entire parking space shall be increased by at
5447 least one foot.
5448 (E) Striping and Identification
5449 (1) Parking spaces shall be clearly outlined with four-inch wide lines painted on the
5450 parking surface.
5451 (2) The striping shall be continuously maintained in a clear and visible manner in
5452 compliance with the approved plans.
5453 (3) The color of the striping shall be white, yellow, or other color as approved by the
5454 city planner unless required by state law (e.g., parking for the disabled).
5455 (F) Grading, Surface, and Maintenance
5456 (1) All grading plans relating to the parking facilities shall be reviewed and approved
5457 by the city engineer before any work can commence.
5458 (2) All parking plans are subject to the surface water management plan.
5459 (3) All off-street parking facilities shall be properly graded and drained so as to
5460 dispose of all surface water accumulated within the area of the parking lot.
5461 (4) In no instance shall a storm drainage facility be designed to allow the flow of water
5462 into abutting property without an approved easement.
5463 (5) All parking spaces and maneuvering areas shall be designed to accommodate
5464 parking based on the land use, but shall be surfaced with not less than two inches of
5465 asphaltic concrete, or three and one-half inches of Portland cement concrete, or
5466 comparable material (e.g., pervious surfaces) as determined by the city engineer,
5467 and shall be continually maintained in a clean and orderly manner and kept in good
5468 repair.
5469 (6) Up to 35 percent of parking spaces may be constructed of a pervious surface, as
5470 approved by the city engineer.
5471 (G) Wheel Stops and Curbing
5472 (1) Continuous concrete curbing at least six inches high and six inches wide shall be
5473 provided for parking spaces located adjacent to fences, walls, property lines,
5474 landscaped areas, and structures, unless the elimination of this curbing is required
5475 to adhere to storm water management requirements.

DRAFT 5-26-09
5476 (2) Individual wheel stops may be provided in lieu of continuous curbing only when
5477 the parking is adjacent to a landscaped area, and the drainage is directed to the
5478 landscaped area.
5479 (3) When provided, wheel stops shall be placed to allow for two feet of vehicle
5480 overhang area within the dimension of the parking space.
5481 (H) Curb Cuts
5482 Access to an off-street parking lot shall not be allowed to occur through the use of a
5483 continuous curb cut (e.g., where most or all of the street frontage is provided as a curb cut
5484 for access purposes).
5485 Curb cuts shall be designed according to the engineering guidelines approved by the city
5486 engineer.
5487 (I) Entrance or Exit Adjacent to Side Properly Line Prohibited
5488 (1) For residential uses, no entrance or exit, including driveways, to off-street parking
5489 areas shall be situated closer than three feet from a side property line, except in the
5490 case of a driveway serving more than one parking lot (e.g., a shared driveway),
5491 which shall be subject to the approval of the city planner.
5492 (2) For all other uses, entrance and exits to off-street parking areas shall be subject to
5493 approval by the city engineer according to the traffic impacts.
5494 (J) Deviation from Standards Requires a Detailed Study
5495 No proposed parking layout which deviates from the standards identified in this section
5496 and which could create a safety hazard(s) shall be allowed unless the developer provides
5497 a detailed report or study prepared by a registered transportation engineer which
5498 demonstrates that the parking layout is a viable alternative and is consistent with the
5499 purpose of this section.
5500 3.8.11 Internal Sidewalks and Pedestrian Access
5501 (A) Where a sidewalk exists in a public right-of-way adjacent to the site, or is required to be
5502 constructed as part of the development approval, a pedestrian connection shall be
5503 constructed from the building to the sidewalk.
5504 (B) The pedestrian connection shall have a minimum width of five feet.
5505
5506
5507 Figure 3-38: This photograph illustrates how a sidewalk
5508 connecting the public sidewalk to the business can be
5509 integrated into the required landscaping.

DRAFT 5-26-09
5510
5511 (C) All pedestrian walkways located within a site (internal pedestrian circulation) shall be
5512 physically separated from the drive lanes and driveways. Additionally, all sidewalks and
5513 crosswalks shall be constructed of an impervious surface and shall be visually distinct
5514 from the driving surface by use of pavers, bricks or scored concrete. See Figure 3-38.
5515 (D) Sidewalks, at least eight feet in width, shall be provided along any facade featuring a
5516 customer entrance, and along any facade abutting public parking areas. At all times, such
5517 sidewalks shall maintain a clear pedestrian passage equal to the width of the sidewalk.
5518 Additionally, such sidewalks shall connect all customer entrances and to other internal
5519 sidewalks.
5520 3.8.12 Driveways and Site Access
5521 (A) Clearance from Obstructions
5522 (1) Street trees shall be a minimum of ten feet from the driveway access, measured at
5523 the trunk.
5524 (2) A driveway shall have an overhead clearance of 14 feet in height except within a
5525 parking structure, which may be reduced to seven feet, six inches.
5526 (B) Surfacing
5527 (1) Within all zoning districts, driveways shall be paved and permanently maintained
5528 with asphalt, concrete, or approved paving units.
5529 (2) Driveways may be constructed with the use of other all-weather surfacing as
5530 determined to be appropriate by the city engineer, where it is first determined that a
5531 surface other than asphalt or concrete is consistent with the driveways of similar
5532 properties in the vicinity, and that the alternate surface will not impair accessibility
5533 for emergency vehicles.
5534 (3) A driveway with a slope of ten percent shall be paved with rough surface concrete
5535 in all cases.
5536 3.8.13 Loading Space Requirements
5538 The application of these loading requirements shall be limited to the same applicability as
5539 defined in Section (Applicability for Parking).
5540 (B) Loading Spaces Prohibited
5541 Loading spaces are prohibited in all residential zoning districts and the C1-B district..
5542 (C) Number of Off-Street Loading Spaces Required
5543 (1) Off-street loading spaces shall be provided in accordance with the schedule set
5544 forth in Table 3.8-4 and shall not conflict or overlap with any areas used for
5545 parking.
5546
5547
5548
5549
5550

DRAFT 5-26-09
Table 3.8-4: Off-Street Loading Requirements

Gross Floor Area of Structure Number of Required
(square feet) Loading Spaces
0-10,000 0
10,001-50,000 1
50,001-100,000 2
100,001-200,000 3
200,001-400,000 4
Each additional 200,000 1
5551
5552 (2) The requirements of Table 3.8-4 may be reduced or waived by the city planner with
5553 DRC review and with documentation from the applicant demonstrated that due to
5554 the specific uses, the number of loading spaces is not required.
5555
5556 (D) General Design Standards
5557 Every loading space shall be designed, constructed, and maintained in accordance with
5558 the standards and requirements set forth below:
5559 (1) Location of Required Loading Spaces
5560 Loading spaces shall be:
5561 (a) As near as possible to the main structure and limited to the rear two-thirds of
5562 the parcel, if feasible;
5563 (b) Loading spaces or loading docks shall not be permitted to face a public
5564 street.
5565 (c) Situated to ensure that the loading facility is screened from adjacent streets;
5566 (d) Situated to ensure that loading and unloading takes place on-site and in no
5567 case faces a public street, or is located within a required front or street side
5568 setback, adjacent public right-of-way, or other on-site traffic circulation
5569 areas;
5570 (e) Situated to ensure that all vehicular maneuvers occur on-site. The loading
5571 areas shall allow vehicles to enter from and exit to a public street in a
5572 forward motion only;
5573 (f) Situated so that trucks parking in them will not encroach onto the public
5574 right-of-way or into required parking spaces or driveways. Loading spaces
5575 designed for larger trucks shall have appropriately larger access to allow
5576 maneuvering without encroaching into landscaped areas; and
5577 (g) Situated to avoid adverse impacts upon neighboring residential properties.
5578 The times allowed for loading and deliveries may be restricted for loading
5579 spaces that are located closer than 100 feet to a residential zoning district.
5580 (2) Dimensions
5581 No required loading space shall be less than 12 feet in width or 25 feet in length or
5582 have a vertical clearance of less than 14 feet.

DRAFT 5-26-09
5583 (3) Access

5584 (a) Loading spaces shall be designed and arranged to provide access to a street
5585 or alley in a manner that will create the least possible interference with
5586 traffic movement and parking lot circulation. The city planner shall approve
5587 access to and from loading spaces.
5588 (b) No part of any truck or van that is being loaded or unloaded may extend into
5589 the right-of-way of a public thoroughfare.
5590 (c) Loading spaces shall be designed with sufficient apron area to accommodate
5591 truck-turning movements and to prevent backing of trucks onto any street
5592 right-of-way.
5593 (4) Screening
5594 (a) All operations, materials, and vehicles within any loading space that are
5595 visible from a public street or from any residential use shall be screened.
5596 (b) The screening material shall be at least six feet in height and 100 percent
5597 opaque and shall satisfy the buffer requirements of the most restrictive
5598 adjacent district.
5599 (5) Lighting
5600 Loading areas shall have lighting capable of providing adequate illumination for
5601 security and safety; lighting shall also comply with the requirements of Section
5602 3.3.3, Outdoor Lighting Standards.
5603 (6) Striping
5604 (a) Loading spaces shall be striped, and identified for "loading only."
5605 (b) The striping and "loading only" notations shall be continuously maintained
5606 in a clear and visible manner in compliance with the approved plans.
5607 3.8.14 Outdoor Parking and Storage of Vehicles
5608 (A) Parking and storage of any motorized vehicle may occur within a garage, carport, or other
5609 building approved for parking in accordance with the applicable sections of this Code.
5610 (B) Parking and Storage of Vehicles in Residential Districts
5611 (1) Parking and Storage in the Front or Side Yard
5612 (a) Operable and licensed automobiles, motorcycles, or trucks of one-ton
5613 capacity or less, in regular use, may be parked on a paved driveway in the
5614 front yard.
5615 (b) Operable recreational vehicles may be parked for a period of 72 hours on a
5616 paved driveway for the purpose of loading and unloading the vehicle
5617 (c) No other motorized vehicle parking shall be located within a front or side
5618 yard.
5619 (2) Parking and Storage in the Rear Yard
5620 (a) Parking and storage of motorized vehicles in the rear yard shall be on a
5621 paved surface.
5622 (b) One recreational vehicle (and an associated trailer) may be parked and stored
5623 in the rear yard provided it is not parked or stored within a required setback

DRAFT 5-26-09
5624 and provided the recreational vehicle does not exceed 12 feet in width or 30
5625 feet in length.
5626 (C) Parking of Vehicles in Nonresidential Districts
5627 Off-street recreational vehicle parking spaces shall be provided as follows for retail uses,
5628 shopping centers, and visitor attractions that are required by Section 3.8.5, Off-Street
5629 Parking Space Requirements, to provide 100 or more off-street parking spaces.
5630 (1) Recreational vehicle parking spaces shall be provided at a minimum ratio of one
5631 recreational vehicle space for each 100 off-street vehicle parking spaces, or fraction
5632 thereof.
5633 (2) Each recreational vehicle parking space shall be designed as a pull-through space
5634 with a minimum width of 12 feet and a minimum length of 40 feet, with 14 feet of
5635 vertical clearance.
5636 3.8.15 Nonconforming Parking
5637 (A) A use or structure with nonconforming off-street parking (e.g., insufficient off-street
5638 parking to meet the current land use requirements in compliance with Table 3.8-1 may be
5639 physically enlarged (e.g., expansion of structure or outdoor land use) or undergo a change
5640 in use in compliance with the provisions of this subsection.
5641 (B) Residential Uses
5642 No additional parking spaces shall be required provided the change does not increase the
5643 number of dwelling units by more than five percent, nor eliminate the only portion of the
5644 site that can be used for the required or existing parking or access.
5645 (C) Nonresidential Uses
5646 (1) The number of existing parking spaces shall be maintained on the site and
5647 additional parking spaces shall be provided in compliance with this section.
5648 (2) If the use is enlarged (e.g., expansion of structure or outdoor land use) so that it
5649 requires more parking than the previous use, only the number of parking spaces
5650 required for the enlargement shall be required to be added to the existing parking
5651 spaces. Such expansion of parking spaces shall be subject to the requirements of
5652 this section.
5653 (3) If the use of the structure is changed to a use that requires more parking than the
5654 previous use, only the difference between the number of parking spaces required
5655 for the previous use and those required for the new use shall be required to be
5656 added to the existing parking spaces.
5657 (4) The change shall not eliminate the only portion of the site that can be used for the
5658 required or existing parking or access.
5659 3.9 Pedestrian Access and Circulation

5660 (A) Generally
5661 (1) Subdivision and development design shall emphasize pedestrian connectivity
5662 within each project, to adjacent neighborhoods, nearby schools and parks, and to
5663 transit stops within 1/4-mile of the subject site or subdivision. All streets and
5664 walkways shall be designed to provide safe and pleasant conditions for pedestrians,
5665 including the disabled, and cyclists, as determined by the city planner.

DRAFT 5-26-09
5666 (2) Emphasis should be placed on implementing the Northfield Parks, Open Space, and
5667 Trail Systems Plan and the Greater Northfield Area Greenway System Action Plan.
5668 (B) Improvements Required at Subdivision
5669 (1) A sidewalk or trail shall be installed along all arterial and collector roadways
5670 consistent with the city’s comprehensive plan, comprehensive transportation plan
5671 update, or the plans referenced in Section 3.9(A) above.
5672 (2) A sidewalk shall be required on both sides of all local streets unless specifically
5673 waived by the city council in instances where an alternative is proposed that better
5674 meets the objectives of the city’s parks, open space, and trails master plan or where
5675 by reasons of steep topography, such sidewalks are not feasible from a grading
5676 standpoint as verified by the city engineer.
5677 (3) Sidewalks shall extend to and around the turn-around portion of a cul-de-sac street.
5678 Construction of both sidewalks and trails shall be as specified in the city’s
5679 Engineering Guidelines.
5680 (4) Sidewalks along streets shall have a minimum width of five feet or wider as
5681 specified in Section 3.11.3, Streets and Table 3.11-3.
5682 (5) Trails shall be a minimum of eight feet wide, unless located directly behind a curb,
5683 in which case they shall be a minimum of ten feet wide.
5684 (6) Sidewalks and trails shall be constructed in such a manner so as to prevent pooling
5685 of storm water runoff and to drain away from any nearby buildings. The profile
5686 grade shall not exceed the grade of the adjacent roadway, unless authorized by the
5687 city engineer.
5688 (7) As part of subdivision approval, the city may require dedicated and improved trails
5689 in locations away from street frontages where necessary to provide safe and
5690 convenient pedestrian access to a public facility or to otherwise provide convenient
5691 connections between existing pedestrian routes. Where trails that are not classified
5692 as sidewalks are required, the city engineer shall specify standards for their design
5693 and construction.
5694 (8) All sidewalks and trails shall comply with applicable standards of the Americans
5695 with Disabilities Act.
5696 (C) Pedestrian Connections Required Outside of New Subdivisions
5697 (1) To ensure safe, reasonably direct and convenient pedestrian connections between
5698 primary building entrances and all adjacent streets, all developments, except single
5699 family detached housing on individual lots, shall provide a continuous pedestrian
5700 and/or multi-use pathway system that may include a combination of sidewalks,
5701 trails, and pathways.
5702 (2) The pedestrian connection system shall extend throughout any development site
5703 and connect to all future phases of development, adjacent trails, public parks and
5704 open space areas whenever possible. The developer may also be required to
5705 connect or stub trails(s) to adjacent streets and private property.
5706 (D) Location
5707 (1) Sidewalks shall be included within the dedicated street right-of-way unless
5708 otherwise approved by the city engineer. Trails may be located within the street
5709 right-of-way, an easement or an outlet, depending on whether there is sufficient
5710 right-of-way to accommodate the trail and meet other city requirements, including
5711 snow storage.

DRAFT 5-26-09
5712 (2) Sidewalks shall be located at least seven feet from the back of curb to allow for
5713 snow storage.
5714 (E) In Long Blocks and at the End of Culs-de-Sac20
5715 (1) Multi-use trails (for pedestrians and bicycles) connecting streets on either side of a
5716 block may be required at or near mid-block where the block length exceeds the
5717 required block standards of Section 3.11.2(L), Blocks.
5718 (2) Trails may be required where culs-de-sac are planned, to connect the ends of the
5719 streets together, to other streets, and/or to other developments, as applicable. Trails
5720 used to comply with these standards shall conform to all of the following criteria:
5721 (a) Multi-use trails shall be no less than eight feet wide and located within a 20-
5722 foot-wide right-of-way or easement that allows for drainage and access for
5723 maintenance and emergency vehicles;
5724 (b) Stairs or switchback trails using a narrower right-of-way/easement may be
5725 required in lieu of a multi-use pathway where grades are steep;
5726 (c) The city may require landscaping within the trail easement/right-of-way for
5727 screening and the privacy of adjoining properties.
5728 3.10 Basic Subdivision Requirements

5729 3.10.1 Purpose and Applicability
5730 (A) The intent of this section is to protect and provide for the public health, safety, morals,
5731 and general welfare of the city and its people, and specifically to achieve the following
5732 purposes:
5733 (1) To implement the comprehensive plan;
5734 (2) To ensure that subdivisions are consistent with all applicable provisions of all
5735 applicable plans (See Section 5.2.5), laws and regulations;
5736 (3) To establish standard requirements, conditions, and procedures for the design and
5737 review of subdivisions;
5738 (4) To provide for the orderly subdivision of land, and to ensure proper legal
5739 descriptions and monumentation of subdivided land;
5740 (5) To encourage the wise use and management of land and natural resources
5741 throughout the city in order to preserve the integrity, stability, and natural beauty of
5742 the community;
5743 (6) To ensure that adequate public infrastructure, facilities and services are available
5744 concurrent with development;
5745 (7) To require subdividers to furnish land, install infrastructure, pay fees, and establish
5746 mitigative measures to ensure that development provides its fair share of capital
5747 facilities;
5748 (8) To encourage a beneficial relationship between the uses of land and circulation of
5749 traffic throughout the city, and to provide for the proper location and design of
5750 streets;
20
We are trying to locate a good graphic for this provision.

DRAFT 5-26-09
5751 (9) To prevent problems associated with inappropriately subdivided lands, including
5752 excess subdivision, partial or incomplete subdivision, or scattered subdivision;
5753 (10) To assure that new subdivisions will contribute toward an attractive, orderly,
5754 stable, livable, and safe community; and
5755 (11) To provide adequate utility systems to support the future needs of the system.
5756 3.10.2 Subdivision Approval Required
5757 (A) Subdivision approval, in compliance with the provisions of this section, Section 5.5.11,
5758 Minor Subdivision or Lot Consolidation and Section 5.5.12, Major Subdivision, shall be
5759 required for the separation of an area, parcel, or tract of land under single ownership into
5760 two or more parcels, lots, or tracts where the division necessitates the creation of streets,
5761 roads, or alleys for residential, commercial, industrial, or other use or any combination
5762 thereof, or any change in the lot line or lines of a parcel, lot, or tract, or the establishment
5763 of the lot lines of a parcel, lot, or tract not previously platted.
5764 (B) Subdivision approval is not required for those separations where all the resulting parcels,
5765 tracts, lots, or interests will be 35 acres or larger in size and 500 feet in width for
5766 residential uses.
5767 3.10.3 Energy Conservation Design
5768 Each proposed subdivision shall be designed to provide maximum opportunities for energy
5769 conservation, including opportunities for passive or natural heating or cooling opportunities, in
5770 compliance with the following:
5771 (A) Where feasible, lots shall be largely oriented in an east-west direction.
5772 (B) Proposed lots shall be designed, where feasible, to provide building sites that permit the
5773 orientation of structures in east-west alignment for southern exposure, and to take
5774 advantage of existing shade or prevailing breezes.
5775 3.10.4 Development Agreement Required
5776 (A) Purpose
5777 It is the purpose of this section to ensure that a subdivider follows the conditions of
5778 approval and properly installs the basic improvements required in a plat. To that end,
5779 whenever a subdivision includes any public improvements or other conditions of
5780 approval, the subdivider shall enter into a development agreement with the city, setting
5781 forth the conditions under which the subdivision is approved.
5782 (B) Required Improvements
5783 (1) Basic Improvements
5784 All of the following required improvements to be installed under the provisions of
5785 this section shall be designed and constructed in accordance with the design
5786 standards of this section and the current version of Northfield’s Engineering
5787 Standard Specifications, which are adopted herein by reference; and approved by
5788 and subject to the inspection of the city engineer prior to approval:
5789 (a) Streets;
5790 (b) Sanitary sewer;
5791 (c) Watermain;
5792 (d) Surface water facilities (pipes, ponds, rain gardens, and similar
5793 improvements);

DRAFT 5-26-09
5794 (e) Grading and erosion control;

5795 (f) Sidewalks/trails;
5796 (g) Street lighting;
5797 (h) Street signs and traffic control signs;
5798 (i) Street trees;
5799 (j) Tree preservation;
5800 (k) Wetland mitigation and buffers;
5801 (l) Monuments required by Minnesota Statutes; and
5802 (m) Miscellaneous facilities or other elements defined by the guiding documents.
5803 (2) Other Improvements
5804 The subdivider shall arrange for the installation of private utilities including but not
5805 limited to telephone, category 5 cable (CATV), electrical and natural gas service
5806 following the backfilling of the curb and gutter.
5807 (C) Installation of Basic Improvements
5808 (1) The subdivider shall arrange for the installation of all required improvements in the
5809 development subject to the development agreement. All of the city’s expenses
5810 incurred as the result of the required improvements shall be paid to the city by the
5811 subdivider including but not limited to legal, planning, engineering and inspection
5812 expenses incurred in connection with approval and acceptance of the plat, the
5813 preparation of the development agreement, review of construction plans and
5814 documents, and all costs and expenses incurred by the city in monitoring and
5815 inspecting development of the plat. The subdivider shall reimburse the city for
5816 costs incurred in the enforcement of the development agreement, including
5817 engineering and attorneys' fees.
5818 (2) The city reserves the right to, in its sole discretion, elect to install all or any part of
5819 the basic improvements required under the provisions of this Section and assess the
5820 costs to the benefiting property owners pursuant to Minn. Stat., Chapter 429, as
5821 may be amended.
5822 (3) Unless separate written approval has been given by the city, within the plat or land
5823 to be platted, the subdivider may not grade or otherwise disturb the earth, remove
5824 trees, construct sewer lines, water lines, streets, utilities, public or private
5825 improvements, or any buildings within the plat or land to be platted until all the
5826 following conditions have been satisfied:
5827 (a) The development agreement has been fully executed by both parties and
5828 filed with the city clerk,
5829 (b) The necessary security has been received by the city;
5830 (c) The plat has been filed with the county recorder's office;
5831 (d) The construction plans have been approved and signed by the city engineer;
5832 and
5833 (e) The city has issued a letter that all conditions have been satisfied and that the
5834 subdivider may proceed.

DRAFT 5-26-09
5835 (4) The improvements shall be installed in accordance with this Code, city standard
5836 specifications for utilities and street construction, and the city’s engineering
5837 guidelines. The subdivider shall submit plans and specifications that have been
5838 prepared by a competent registered professional engineer to the city for approval by
5839 the city engineer. The city shall, at the subdivider's expense, provide all on site
5840 inspection and soil testing to certify that the construction work meets the city’s
5841 standards and approved plans.
5842 (5) All labor and work shall be done and performed in the best and most workmanlike
5843 manner and in strict conformance with the approved plans and specifications. No
5844 deviations from the approved plans and specifications will be permitted unless
5845 approved in writing by the city engineer. The subdivider shall not do any work or
5846 furnish any materials not covered by the plans and specifications and special
5847 conditions of this development agreement, for which reimbursement is expected
5848 from the city, unless such work is first ordered in writing by the city engineer as
5849 provided in the specifications.
5850 (D) Time of Performance
5851 (1) The subdivider shall complete all required basic improvements no later than one
5852 year following the commencement of work on the improvements, except:
5853 (a) Where weather precludes completion;
5854 (b) For street lighting;
5855 (c) For landscaping; and
5856 (d) For the wearing course of streets.
5857 (2) Where weather precludes completion, the timeline for completion of the
5858 improvements may be extended an additional six months.
5859 (3) The subdivider shall complete street lighting within two years following the initial
5860 commencement of work on the required basic improvements.
5861 (4) The subdivider shall complete landscaping by development phase within 90 days
5862 following the issuance of a building permit for the last vacant lot within a phase
5863 unless weather precludes completion, in which case the landscaping shall be
5864 completed at the outset of the next growing season.
5865 (5) Neither curb and gutter nor bituminous pavement shall be installed between
5866 November 15, and April 15. The final wear course on streets shall be installed
5867 between May 15th and October 1st the first summer after the base layer of asphalt
5868 has been in place one freeze thaw cycle. Any deficiencies in the base asphalt, curb
5869 or other improvements must be repaired by the subdivider at its own cost prior to
5870 final paving. The subdivider may, however, request an extension of time from the
5871 city. If an extension is granted, it shall be conditioned upon updating the security
5872 posted by the subdivider to reflect cost increases and the extended completion date.
5873 Final wear course placement outside of this time frame must have the written
5874 approval of the city engineer.
5875 (E) Financial Guarantees
5876 (1) Subsequent to execution of the development agreement but prior to approval of a
5877 signed final plat for recording, the subdivider shall provide the city with a financial
5878 guarantee in the form of a letter of credit from a bank, cash escrow, or other form
5879 of security acceptable to the city. A letter of credit or cash escrow shall be in an
5880 amount as determined by the city engineer.

DRAFT 5-26-09
5881 (2) It shall be the responsibility of the subdivider to insure that a submitted financial
5882 guarantee shall continue in full force and effect until the city engineer has approved
5883 and the city council has accepted all of the required improvements. The city
5884 engineer thereby is authorized to release the guarantee or reduce the amount of the
5885 guarantee as provided in Section <>.
5886 (3) When any instrument submitted as a financial guarantee contains provision for an
5887 expiration date, after which the instrument may not be drawn upon,
5888 notwithstanding the status of the development agreement or of the required
5889 improvements, the expiration date shall be December 31 or the closest business day
5890 in the case of weekends and legal holidays. Further, the financial guarantee shall be
5891 deemed automatically extended without change for six months from the expiration
5892 date unless 60 days prior to the expiration date the financial institution notifies the
5893 city in writing by certified mail that it does not elect to renew the financial
5894 guarantee for an additional period. If the instrument is not to be renewed and has
5895 not been released by the city engineer, another acceptable financial guarantee in the
5896 appropriate amount shall be submitted at least 60 days prior to the expiration. The
5897 term of any extension shall be approved by the city engineer and subject to the
5898 requirements of this section. Upon receipt of an acceptable substitute financial
5899 guarantee, the city engineer may release the original guarantee.
5900 (4) Forms of Financial Guarantees
5901 (a) Letter of Credit
5902 If the subdivider posts a letter of credit as a guarantee, the credit shall:
5903 (i) Be irrevocable;
5904 (ii) Be from a bank approved by the city;
5905 (iii) Be in a form approved by the city;
5906 (iv) Be for a term sufficient to cover the completion, maintenance and warranty periods
5907 identified in this section; and
5908 (v) Require only that the city present the credit with a sight draft and an affidavit signed
5909 by the city administrator or the city administrator’s designee attesting to the city’s
5910 right to draw funds under the credit.
5911 (b) Cash Escrow
5912 If the subdivider posts a cash escrow as a guarantee, the escrow instructions
5913 approved by the city shall provide that:
5914 (i) The subdivider will have no right to a return of any of the funds except as provided
5915 in Section <>; and
5916 (ii) The escrow agent shall have a legal duty to deliver the funds to the city whenever the
5917 city administrator presents an affidavit to the agent attesting to the city’s right to
5918 receive funds whether or not the subdivider protests that right.
5919 (c) Cash
5920 A cash deposit made with the city finance department may be used as part of
5921 the required financial guarantee in those instances where the subdivider elects
5922 to have the city install some or all of the public improvements.
5923 (5) Amounts of Financial Guarantees

DRAFT 5-26-09
5924 The subdivider shall submit either a financial guarantee in one of the forms listed
5925 in Section 3.10.4(E)(4), Forms of Financial Guarantees for an amount determined
5926 by the city engineer in accordance with the following:
5927 (a) Subdivider Installed Improvements
5928 For basic improvements to be installed by the subdivider, the required
5929 financial guarantee shall include all the following fixed or estimated costs.
5930 (i) Costs of the basic improvements identified in Section 3.10.4 (B) (1), Basic
5931 Improvements.
5932 (ii) Engineering, to include subdivider’s design, construction management, surveying,
5933 inspection, and drafting.
5934 (iii) Twenty-fuve percent contingency or add-on to the costs in paragraphs (i) and (ii);
5935 and
5936 (iv) Estimated cost of energy for street lights for the first two years of operation.21
5937 (b) City Installed Improvements22
5938 For basic improvements to be installed by the city, the required financial
5939 guarantee shall be the sum of the following fixed or estimated costs:
5940 (i) A cash deposit in an amount equal to 25 percent of the estimated cost of
5941 installing the specified public improvements as determined by the city engineer,
5942 which costs would include charges incurred by the city for legal, planning,
5943 engineering and administration associated with the installation project(s). The
5944 deposit shall be applied to the costs of such installations, with the remainder of
5945 the costs specially assessed, in the manner provided by Minnesota Statutes, over
5946 a period of five years together with interest thereon.
5947 (ii) In lieu of the cash deposit, the subdivider may elect to have the city provide 100
5948 percent of the cost of such installations, which costs shall be assessed over a
5949 period of five years. In such event, the subdivider shall post a letter of credit for
5950 60 percent of the cost of assessments, which letter of credit shall be released after
5951 the subdivider pays the principal and interest on said assessments for two years
5952 and which letter of credit shall be separate from any other letters of credit
5953 associated with the subdivider’s project.
5954 (F) Other Cash Requirements
5955 The subdivider will be responsible for additional cash requirements which must be
5956 furnished to the city at the time of final plat approval. The subdivider shall not proceed
5957 with any improvements until these cash requirements have been paid to the city. The cash
5958 requirements may include:
5959 (1) Park dedication fees (See Section 3.11.6, Park, Trails, and Open Space Dedication);
5960 (2) Utility charges and fees. This may include sewer availability charges (SAC), water
5961 availability charges (WAC), and trunk fees;
5962 (3) Special assessments including interest;
5963 (4) The city’s legal, engineering administration, and construction observation fees;
21
The City Engineer commented that this might be included in the “per light charge” covered under section (a) so
this may be removed in the future.
22
This section is currently under review by appropriate city staff.

DRAFT 5-26-09
5964 (5) Costs associated with traffic control and street signs to be installed in the plat by
5965 the city;
5966 (6) Map upgrade fee; and
5967 (7) Other charges or fees as determined by the city.
5968 (G) Approval and Acceptance of Basic Improvements
5969 (1) Upon receipt of proof satisfactory to the city engineer that work has been
5970 completed and financial obligations to the city have been satisfied, with city
5971 engineer approval the security may be reduced from time to time by 90 percent of
5972 the financial obligations that have been satisfied. Ten percent of the amounts
5973 certified by the subdivider's engineer shall be retained as security. Reductions in
5974 the letter of credit shall be considered only after underground utilities are tested and
5975 found to be satisfactory and again after the base bituminous layer has been placed.
5976 (2) The financial guarantee shall be held by the city until, upon written notice by the
5977 subdivider and certification from a professional engineer that all of the required
5978 improvements have been completed and upon verification of such by the city staff,
5979 a portion or all of the financial guarantee is released by the city engineer. No
5980 financial guarantee shall be released in full until the following has occurred:
5981 (3) All improvements have been completed and public improvements have been
5982 accepted by the city engineer:
5983 (a) Iron monuments for lot corners have been installed,
5984 (b) All financial obligations to the city have been satisfied,
5985 (c) Reproducible record plans of all public improvements as required by the city
5986 engineer have been furnished to the city by the subdivider. Such record plans
5987 shall be certified to be true and accurate by the registered engineer
5988 responsible for the installation of the improvements.
5989 (d) A warranty/maintenance guarantee has been provided as described in
5990 Section 3.10.4(H), Warranty/ Maintenance Guarantee.
5991 (e) A title insurance policy approved by the city attorney indicating that the
5992 improvements are free and clear of any and all liens and encumbrances.
5993 (H) Warranty/ Maintenance Guarantee
5994 The subdivider shall submit either a warranty/maintenance bond or a letter of credit for
5995 an amount determined by the city engineer.
5996 (1) The required warranty period for materials and workmanship from the utility
5997 contractor installing public sewer and water mains shall be two years from the date
5998 of final written city acceptance of the work.
5999 (2) The required warranty period for all work relating to street construction, including
6000 concrete curb and gutter, sidewalks and trails, materials and equipment shall be
6001 subject to one year from the date of final written acceptance, unless the wearing
6002 course is placed during the same construction season as the bituminous base
6003 course. In those instances, the subdivider shall guarantee all work, including street
6004 construction, concrete curb and gutter, sidewalks and trails, material and equipment
6005 for a period of two years from the date of final written city acceptance of the work.
6006 (3) The required warranty period for trees and landscaping is one growing season
6007 following installation.

DRAFT 5-26-09
6008 (4) The required warranty period for erosion control will be for five years from
6009 acceptance of the improvements.
6010 (I) Insurance
6011 The subdivider shall take out and maintain or cause to be taken out and maintained until
6012 six months after the city has accepted the public improvements, public liability and
6013 property damage insurance covering personal injury, including death, and claims for
6014 property damage which may arise out of subdivider's work or the work of its
6015 subcontractors or by one directly or indirectly employed by any of them. Limits for the
6016 coverage shall be in accordance to the city’s current requirements. The city shall be
6017 named as an additional insured on the policy, and the subdivider shall file with the city a
6018 certificate evidencing coverage prior to the city signing the plat. The certificate shall
6019 provide that the city must be given ten days advance written notice of the cancellation of
6020 the insurance.
6021 3.11 Subdivision Design Standards

6022 3.11.1 General Standards
6024 Each subdivision shall be designed in compliance with the standards of this section,
6025 unless an exception is granted in compliance with Section 5.5.16, Variance.
6026 (B) Public Access to Public Resources
6027 Each proposed subdivision shall be designed and constructed to provide public access to
6028 waterways, lakes, and reservoirs, if they are adjacent to the subdivision.
6029 (C) Sidewalks, Pathways, and Trails
6030 Sidewalk, pathways, trails, and other pedestrian connections shall be required in
6031 accordance with Section 3.9, Pedestrian Access and Circulation.
6032 (D) Monuments
6033 (1) Official permanent monuments shall be placed as required by Minn. Stat. §505.021
6034 (as may be amended).
6035 (2) All monument markers shall be correctly in place upon final grading and
6036 installation of utilities.
6037 (3) The city will not issue building permits for a lot within a plat until monuments have
6038 been placed for that lot.
6039 (4) All United States, state, county or other official bench marks, monuments or
6040 triangulation stations in or adjacent to the property shall be preserved in precise
6041 position.
6042 (E) Subdivision Names
6043 The proposed name of the subdivision shall not duplicate or too closely approximate
6044 phonetically, the name of any other subdivision in the city or county. The city shall have
6045 final authority to designate the name of the subdivision.
6046 (F) Street Names
6047 Street names shall be designated by the city’s “Administrative Program for Assigning
6048 Roadway Names and Addresses.” The city planner shall have discretion to alter the city
6049 street naming system, when appropriate, in order to avoid confusion to the traveling
6050 public.

DRAFT 5-26-09
6051 (G) Debris and Waste

6052 No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or
6053 other waste materials of any kind shall be buried in any land, or left or deposited on any
6054 lot or street at the time of the issuance of a certificate of occupancy, and removal of those
6055 items and materials shall be required prior to issuance of any certificate of occupancy in a
6056 subdivision. No items and materials as described in the preceding sentence shall be left
6057 or deposited in any area of the subdivision at the time of expiration of the development
6058 agreement or dedication of public improvements, whichever occurs sooner.
6059 (H) Open Space and Natural Features
6060 (1) Natural amenities (including views, mature trees, creeks, riparian corridors, rock
6061 outcrops, and similar features) shall be preserved and incorporated into proposed
6062 development to the greatest extent feasible.
6063 (2) Development on hillsides shall generally follow the natural terrain contour.
6064 Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the
6065 general shape of natural land forms and to minimize grade differentials with
6066 adjacent streets and with adjoining properties.
6067 (3) Public access and visibility to creeks, and the separation of residences and other
6068 uses from creeks shall be provided through the use of single-loaded frontage roads
6069 or multi-use trails. Pedestrian access to and along creeks and riparian corridors may
6070 need to be restricted to flatter areas (e.g. beyond top of bank, natural benches)
6071 where grading needs and erosion potential are minimal, and where sensitive
6072 environmental resources require protection.
6073 (4) Development adjacent to parks or other public open spaces shall be designed to
6074 provide maximum visibility of these areas.
6075 3.11.2 Lot and Block Design
6076 (A) Minimum Lot Dimensions
6077 (1) All lot dimensions shall comply with the minimum standards of the applicable
6078 zoning district in this Code. Depth and width of properties reserved or laid out for
6079 commercial, office or industrial purposes shall be adequate to provide for the off-
6080 street parking and loading facilities required for the type of use contemplated, as
6081 established in this Code.
6082 (2) No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or
6083 property unsuitable for subdividing, which is not either accepted by the city or
6084 other appropriate entity for public use, or maintained, as common area within the
6085 development.
6086 (B) Lots Designed for Affordable Housing23
6087 The city encourages the development of affordable housing. In an effort to encourage the
6088 distribution of lots for affordable housing across the city, as an alternative to clustering
6089 affordable housing in a single area of the city, no more than 20 percent of any lots on a
6090 single block may include deed restrictions or other covenants that are tied to the provision
6091 of affordable housing (e.g., limiting housing costs or establishing maximum income
6092 levels).
23
This restriction needs legal review.

DRAFT 5-26-09
6093 (C) Lot Arrangement

6094 The lot arrangement shall be such that there will be no foreseeable difficulties, for
6095 reasons of topography or other conditions, in securing building permits to build on all lots
6096 in compliance with this Code. In addition, all lots shall abut and have direct access to an
6097 improved street except for developments within manufactured home parks, in which case
6098 the base lot shall abut and have direct access to an improved street.
6099 (D) Street Frontage Required
6100 Each proposed parcel shall have frontage on a public street. The frontage width shall be
6101 at least the minimum lot width required by the applicable zoning district
6102 (E) Side Lot Lines
6103 Side lines of lots shall be substantially at right angles to street lines and substantially
6104 radial to curved street lines, unless an alternative layout will result in a better street or lot
6105 plan.
6106 (F) Corner Lots
6107 (1) Corner lots shall be of sufficient width and depth to comply with the minimum
6108 building setback or build-to line requirement from both streets and to comply with
6109 the minimum driveway setback from the intersection, as established in this Code.
6110 (2) See the provisions related to corner lots in Section 3.1.5(D)(2), Corner Lots.
6111 (G) Double Frontage Lots
6112 (1) No parcel shall have streets abutting both the front and rear lot lines, except when
6113 necessary because of topographical or other physical conditions or where access
6114 from one of the roads is prohibited. An alley is not considered a street for the
6115 purposes of this section.
6116 (2) Vehicular access onto a double frontage lot shall generally be from the street with
6117 the lowest existing and projected traffic volumes, but with each proposed building
6118 designed so that its primary facade faces the higher volume street. Authorization
6119 may be given by the city for alternative access locations where appropriate because
6120 of localized traffic conditions, and/or nearby residential areas that would be
6121 adversely affected by increased traffic.
6122 (3) Corner lots shall be of sufficient width and depth to comply with the minimum
6123 building setback or build-to line requirement from both streets and to comply with
6124 the minimum driveway setback from the intersection, as established in this Code.
6125 (4) See the provisions related to double frontage lots in Section 3.1.5(D)(3) Double-
6126 frontage Lots.
6127 (H) Panhandle Lots
6128 (1) Panhandle lots are prohibited except as may be necessary due to topography,
6129 configuration of land, existing road layouts or other special circumstances.
6130 (2) Where panhandle lots are included in a subdivision, such lots shall be exempt from
6131 the maximum lot width and lot depth standards of the applicable zoning district and
6132 shall, instead, be required to have a minimum lot area of 20,000 square feet (See
6133 Section 3.2, Site Development Standards for setback and other site development
6134 requirements related to building placement).
6135 (3) The stacking of multiple panhandle lots shall be prohibited. See Figure 3-39.
6136

DRAFT 5-26-09
6137
6138 Figure 3-39: The stacking of multiple panhandle
6139 lots is prohibited.
6140
6141 (I) Access from Arterials and Collectors
6142 (1) Lots shall not, in general, derive access exclusively from an arterial or collector
6143 roadway. No lot parallel to an arterial or collector roadway and having a width of
6144 less than 200 feet should front on these roadways unless:
6145 (a) Access is limited to streets other than an arterial or collector;
6146 (b) Access is provided jointly with other lots; or
6147 (c) Access is ultimately to be provided from a planned frontage road.
6148 (2) Where possible, driveways shall be designed and arranged so as to avoid requiring
6149 vehicles to back into traffic on arterial or collector roadways.
6150 (J) Lots Abutting Water
6151 (1) If a tract being subdivided contains a water body, or portion thereof, lot lines shall
6152 be so drawn as to distribute the entire ownership of the water body among the fees
6153 of adjacent lots. The city may approve an alternative plan whereby the ownership
6154 of and responsibility for safe maintenance of the water body is so placed that it will
6155 not become a city responsibility.
6156 (2) Lots abutting a water body, wetland, drainage way, channel, stream or pond shall
6157 be of sufficient width and depth and at the elevation needed to assure that building
6158 sites are not subject to flooding. The platting of lots within the floodplain is subject
6159 to the FP-O district regulations in Section 2.5.1, New Floodplain Overlay District
6160 (FP-O) and Section 3.12, Development Standards for the FP-O District.

DRAFT 5-26-09
6161 (K) Large Tracts

6162 When a parcel of land is subdivided into larger tracts than for building lots, such tracts
6163 shall be divided so as to allow for the opening of major streets and the ultimate extension
6164 of adjacent streets and utilities.
6165 (L) Blocks
6166 (1) A block shall normally be so designed as to provide two tiers of lots, unless it
6167 adjoins a railroad, arterial or collector street, lake, wetland, park, stream, or other
6168 natural feature, where it may have a single tier of lots.
6169 (2) Block length and width or acreage within bounding streets shall be sufficient to
6170 accommodate the size of lots required by this Code and to provide for convenient
6171 access, circulation control and safety of street traffic. Residential block lengths,
6172 measured between street centerlines, shall not exceed 400 feet nor be less than 300
6173 feet, except where topography justifies a departure from that standard.
6174 (3) Commercial and industrial block lengths shall not exceed 900 feet nor be less than
6175 500 feet, except where topography justifies a departure from that standard. These
6176 block lengths shall not apply to areas zoned C1-B district where the maximum
6177 block length shall be 330 feet or such length as to reflect the historic block pattern
6178 of the area of the city zoned C1-B district.
6179 3.11.3 Streets
6180 (A) General Requirements
6181 (1) Gated Communities Prohibited
6182 "Gated communities" and other residential developments where a gate or other
6183 barrier is placed across a road that is designed to appear or that function as walled-
6184 off areas disconnected and isolated from the rest of the community, are prohibited.
6185 (2) Grid Network
6186 New subdivisions shall be based on a grid or modified grid system to the maximum
6187 extent feasible.
6188 (3) Street Dedications
6189 A street that is not constructed to city standards will not be accepted by the city for
6190 dedication as a public street. However, even a street that complies with all
6191 applicable city standards may not be accepted for dedication. Acceptance of street
6192 dedication is at the discretion of the city council.
6193 (4) Topography and Arrangement
6194 (a) The arrangement, character, extent, width, and location of all streets shall be
6195 considered in relation to existing and planned streets, shall provide for
6196 reasonable traffic circulation and traffic calming, and shall be appropriately
6197 located in relation to topography, run-off of storm water, convenience and
6198 safety, and proposed uses of the land to be served. Wherever possible, the
6199 arrangement of streets in new subdivisions shall provide for the continuation
6200 of existing and planned streets within and outside the proposed plat. Where
6201 adjoining lands are not subdivided, the arrangement of streets shall make
6202 provision for the proper projection of streets into adjoining lands by carrying
6203 the streets to the boundaries of the plat. The arrangement of streets shall not
6204 cause hardship to owners of adjoining property in platting their own land and
6205 providing convenient access to it.

DRAFT 5-26-09
6206 (b) Streets proposed within a new subdivision shall be interconnected and shall
6207 connect with adjacent streets external to the subdivision, to provide multiple
6208 routes for pedestrian circulation, emergency access, and vehicle trips from,
6209 to, and within the subdivision, as appropriate.
6210 (c) In commercial and industrial developments, the streets and other accessways
6211 shall be planned in connection with the location of buildings, rail facilities,
6212 truck loading and maneuvering areas, and sidewalks and parking areas so as
6213 to minimize conflict of movement between the various types of traffic,
6214 including pedestrian traffic.
6215 (5) Grading and Improvement Plan
6216 The full width of the street right-of-way shall be graded and improved in
6217 conformance with the city’s Engineering Guidelines and the construction plans
6218 submitted as part of the final plat application.
6219 (6) Access
6220 (a) Vehicle access shall be prohibited from a stub street to adjoining lots until
6221 such time as the stub street is extended into an adjoining tract, or unless a
6222 temporary turn around feature is provided.
6223 (b) When a proposed plat contains or borders on the right-of-way of an existing
6224 or planned principal or minor arterial roadway, the city may require
6225 dedication and installation of a street approximately parallel to and on each
6226 side of such right-of-way for adequate protection of properties and to afford
6227 a separation of local and through traffic. Such streets shall be located at a
6228 distance from the major roadway suitable for the appropriate use of any
6229 intervening land. Such distance shall also be determined with due regard for
6230 the requirements of approach connections, future grade separations, and lot
6231 depths.
6232 (c) The subdivider shall provide access to all lots via local streets. When a
6233 proposed plat contains or borders on the right-of-way of a principal arterial,
6234 vehicle access points shall be restricted in accordance with the city’s
6235 comprehensive transportation plan update and the access requirements of the
6236 Minnesota Department of Transportation in the relevant counties. When a
6237 proposed plat contains or borders on the right-of-way of an arterial or
6238 collector roadway, vehicle access points shall be restricted from such
6239 roadways. If access onto an arterial or collector is the only option for access
6240 and is therefore required, such vehicle access points shall be limited from
6241 individual lots onto such streets through the use of shared driveways,
6242 consistent with the access management provisions of the city’s transportation
6243 plancomprehensive transportation plan update.
6244 (d) Driveway access shall comply with Table 3.11-124
6245
6246
6247
6248
6249
24
Would this table on roadway access be better locating in the parking and loading article, applicable to all
development, not just subdivisions?

DRAFT 5-26-09
Table 3.11-1: Roadway Access Standards

Driveway Dimensions Residential Nonresidential25
11 to 22 feet 16 feet to 32 feet
Driveway Access Width
(16 feet is desired) (32 feet is desired)
Minimum Distance Between
20 feet 20 feet
Driveways
Minimum Corner Clearance from a
60 feet 80 feet [1]
Collector street
NOTE:
[1] At the discretion of the city engineer. 80 feet shall be the minimum.
6250
6251 (e) Access to minor and major collector streets shall be in compliance with
6252 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
Commercial, Industrial, Private Access Not Permitted [2] As Needed [3]
Institutional, and Multi- Minimum Corner Clearance
Family Residential 660 Feet 660 feet
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 Plancomprehensive transportation plan update.
[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.
6253
6254
6255 (7) Signs, Traffic Signs and Lights, and Street Lights
6256 (a) Street signs of standard design approved by the city shall be installed at each
6257 street intersection or at such other locations within the subdivision as
6258 designated by the city engineer, in accordance with the Minnesota Manual
6259 on Uniform Traffic Control Devices (MMUTCD).
6260 (b) Traffic control signs pursuant to Minn. Stat.§169.06, shall be installed at
6261 locations within the subdivision as designated by the city engineer.
25
I called this nonresidential rather than the transportation plancomprehensive transportation plan update’s column
of commercial and industrial to deal with institutional uses.

DRAFT 5-26-09
6262 (c) Turn lanes and traffic lights shall be installed at the expense of the
6263 subdivider when required as a result of the proposed subdivision.
6264 (d) Street lights shall be installed at all intersections and at other locations, as
6265 required by the city engineer. All street lights within new subdivisions shall
6266 be on street light poles meeting the standards of the city and shall be
6267 equipped with underground electrical service, and shall conform to city
6268 lighting standards. The developer shall pay to the city the energy cost for the
6269 first two years of operation, or until the dwellings on all lots within the
6270 subdivision have been completed, whichever is less.
6271 (8) Sidewalks and Trails
6272 Sidewalks and trails required by Section 3.9, Pedestrian Access and Circulation,
6273 shall be installed at the time a street is constructed.
6274 (9) Dead-End Streets, Stub Streets, and Cul-de-Sac Streets (Permanent and
6275 Temporary)
6276 (a) Dead-end streets shall be prohibited, except as stub streets.
6277 (b) Stub streets shall be installed to permit future street extensions into adjoining
6278 tracts, where appropriate. Barricades shall be installed at the end of stub
6279 streets and signage may be provided indicating a future street connection.
6280 Stub streets shall not exceed 150 feet in length. Where required by the city
6281 engineer a temporary connection to another street, or a temporary
6282 turnaround, shall be provided by the subdivider.
6283 (c) Permanent cul-de-sac streets are prohibited except as may be installed where
6284 necessary due to topography, configuration of land, existing road layouts or
6285 other special circumstances. The cul-de-sac shall have a pavement width of
6286 80 feet in diameter and shall not exceed 600 feet in length as measured from
6287 the centerline of the nearest intersection to the center point of the cul-de-sac.
6288 (d) In those instances where a street is terminated pending future extension in
6289 conjunction with future platting and its terminus is located 150 feet or more
6290 from the nearest intersection, a temporary cul-de-sac with a pavement width
6291 of 70 feet in diameter shall be provided at the closed end. Any portion of a
6292 temporary cul-de-sac not located within the street right-of-way shall be
6293 placed in a temporary roadway easement extending at least ten feet beyond
6294 the curb line of the temporary cul-de-sac in all directions. No building
6295 permit shall be issued for any properties.
6296 (10) Alleys and Private Streets
6297 (a) Alleys may be established in the city under the following conditions:
6298 (i) The alleys are publicly owned and maintained;
6299 (ii) The alleys are made of concrete;
6300 (iii) No home shall be oriented to face the alley; and
6301 (iv) Alleys are permitted as a secondary access when the lots front on an arterial or
6302 collector street as identified in Table 3.11-3.
6303 (b) Private streets are prohibited except in the R4-B district.

DRAFT 5-26-09
6304 (B) Street Design Standards

6305 (1) In order to provide for streets of suitable location, width, and general improvement
6306 to accommodate prospective traffic and afford satisfactory access to police,
6307 firefighting, snow removal, sanitation and road maintenance equipment, and to
6308 coordinate roads so as to compose a convenient system and avoid undue hardships
6309 to adjoining properties, all streets shall be subject to the standards of this section.
6310 (2) Street types shall be regulated by Table 3.11-3 and the design standards established
6311 in the Northfield Transportation Plancomprehensive transportation plan update as
6312 shown in Appendix A.
6313

DRAFT 5-26-09
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
Classification
Road Section
Bike Lane[1]
Street Type
Bike Lane1
Functional
Boulevard
Boulevard
Shoulder /
Shoulder/
Shoulder
Shoulder
Parking
Parking
Median
Width
Type
Parking Where Allowed
Parkway May be applied across any of the zoning districts at

Major 100- No On-Street
Rural 2 10 20 6-8 11 2 18 2 11 6-8 20 10 2 the discretion of the city based on the transportation
Collector 120 Parking
plancomprehensive transportation plan update.
May be applied across any of the zoning districts at
Minor No On-Street
140-180 Rural 2 10 16-20 8 24 2 18-30 2 24 8 16-20 10 2 the discretion of the city based on the transportation
Arterial Parking
Avenue May be applied across any of the zoning districts at
Major No On-Street
100-110 Urban 2 10 10-20 6-8 11 2 18 2 11 6-8 10 2 the discretion of the city based on the transportation
Collector Parking
May be applied across any of the zoning districts at
Minor No On-Street
130-150 Urban 2 10 7-10 8 24 2 18 2 24 8 7-10 10 2 the discretion of the city based on the transportation
Arterial Parking
Drive Major Collector streets in the R1-B, BR-2, BR-3, BR-4,
80-110 Combination 2 6 10-12 8 11-12 11-12 5-8 20-30 One Side of Street
Collector N1-B, and PI-S districts. NC-F district.
Local 60-66 Combination 2 5-6 10 8 10 10 5-8 20-30 One Side of Street

Road Major No On-Street
80-90 Rural 2 5 13-17 8 11-12 11-12 8 13-17 5 2
Collector Parking
Minor No On-Street
60-66 Rural 18-21 12 12 18-21 AH-S, PI-S, and ED-F districts
Collector Parking
No On-Street
Local 60-66 Rural 18-21 12 12 18-21
Parking
Street Local New local streets in the R1-B, BR-2, BR-3, BR-4,
60-66 Urban 1 5-6 7+ 10 10 8 7+ 5-6 1 One Side of Street
(residential) N1-B, and PI-S districts
Local Two Sides of
60-66 Urban 1 5-6 7+ 8 10 10 8 7+ 5-6 1
(residential) Street
Local (non- Two Sides of
66' Urban 1 5 7 8 12 12 8 7 5 1 C2-B, I1-B, and ED-F districts
residential) Street
Reconstructed local streets in the R1-B, BR-2, BR-
Minor Two Sides of
60 -66 Urban 1 5-6 7+ 8 10 10 8 7+ 5-6 1 3, and BR-4 districts. Streets in CD-S and PI-S
Collector Street
districts.
Major Two Sides of Collector streets in the R1-B, BR-2, BR-3, BR-4,
80- 90 Urban 1 5-6 7-10 8-10 4-6 11-12 11-12 4-6 8-10 7-10 5-6 1
Collector Street N1-B, and PI-S districts
Major &
Main One side angled,
Minor 80 Urban 14 19 12 11 10 14 C1-B, and ED-F districts
Street One side parallel
Collector
Alley None 20 Rural 14 None
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.

DRAFT 5-26-09
6314
6315 (3) Street Surfacing and Improvements
6316 After the subdivider has installed sewer and water, the subdivider shall construct
6317 poured-in-place concrete curbs and gutters and shall surface streets to the width
6318 prescribed in this section. Types of pavement shall be as prescribed in the city’s
6319 Engineering Guidelines. Adequate provision shall be made for culverts, drains and
6320 bridges. The portion of the right-of-way outside the area surfaced shall be sodded.
6321 All road pavement, shoulders, drainage improvements and structures, curbs,
6322 turnarounds and sidewalks shall conform to all construction standards and
6323 specifications in the city’s Engineering Guidelines and shall be incorporated into
6324 the construction plans required to be submitted by the subdivider for final plat
6325 approval.
6326 (4) Grading
6327 (a) Streets shall be graded with at least 0.5 percent slope to maintain drainage.
6328 (b) Arterial and collector streets shall have a maximum grade of five percent.
6329 (c) All other streets shall have a maximum slope of seven percent, or as
6330 determined by the City Engineer.
6331 3.11.4 Sewer, Water, and Other Utilities
6332 (A) The subdivider shall install adequate sewer and water facilities (including fire hydrants)
6333 subject to the specifications in the city’s engineering guidelines, and the Recommended
6334 Standards for Water Works and the Recommended Standards for Wastewater Facilities
6335 (the known collectively as the “ten-state standards”).
6336 (B) The subdivider shall install sewer and water mains and service connections, which are
27
6337 stubbed to the lot line, to serve all lots in the subdivision.
6338 (C) The subdivider shall extend sewer and water mains to the lot lines of abutting sites that
6339 do not have public water service.
(D)
6340 All utility facilities, including but not limited to telephone, category 5 cable, natural gas
6341 and electric power, shall be located underground. Whenever existing utility facilities are
6342 located above ground, except when existing on public roads and right-of-way, they shall
6343 be removed and placed underground. Underground service connections to the street
6344 property line of each platted lot shall be installed at the subdivider’s expense. At the
6345 discretion of the city, the requirement for service connections to each lot may be waived
6346 in the case of adjoining lots to be retained in single ownership and intended to be
28
6347 developed for the same primary use.
6348 (E) Five foot utility easements shall be required along the front lot line of each lot, measured
6349 from the lot lines. Such easements shall be at least ten feet wide adjacent to right-of-way
6350 and at least five feet wide adjacent to other land. Such easements shall have continuity
6351 for alignment from block to block. Such easements shall also be provided at deflection
6352 points for pole-line anchors where necessary.
6353 (F) Easements shall be dedicated on the plat instrument for the required use.
27
The City Engineer is working on some draft language to address oversized utilities.
28
The City needs to have this reviewed by the community’s energy provider and the City Attorney.

DRAFT 5-26-09
6354 3.11.5 Surface Water, Drainage, Water Quality, and Erosion Control29
6355 (A) The subdivider shall demonstrate that the runoff generated by the proposed subdivision is
6356 properly treated on or off site for phosphorus and total suspended solid levels consistent
6357 with the requirements of the city’s surface water management plan.
6358 (B) If the city’s surface water management plan designates a regional pond within the
6359 boundaries of the proposed subdivision, the subdivider shall provide the city with
6360 drainage and utility easements for the regional pond. The subdivider shall construct the
6361 pond in conjunction with development of the subdivision.
6362 (C) Nature of Storm Water Facilities
6363 (1) Location
6364 The city may require the subdivider to carry away by pipe any spring or surface
6365 water that may exist either previously to, or as a result of the subdivision. Such
6366 drainage facilities shall be located in the road right-of-way where feasible, or in
6367 perpetual unobstructed easements of appropriate width and shall be constructed in
6368 accordance the city’s Engineering Guidelines.
6369 (2) Accommodation of Upstream Drainage Areas
6370 A culvert or other drainage facility shall in each case be large enough to
6371 accommodate potential runoff from its entire upstream drainage area in accordance
6372 with the city’s storm water management ordinance.
6373 (3) Effect on Downstream Drainage Areas
6374 The city’s surface water management plan, together with such other studies as shall
6375 be appropriate, shall serve as a standard to needed improvements in downstream
6376 drainage facilities outside the subdivision.
6377 (a) The subdivider shall mitigate increased runoff due to development in
6378 accordance with the city’s surface water management ordinance.
6379 (b) Where it is anticipated that the additional runoff attributable to the
6380 development of the subdivision will overload any existing downstream
6381 drainage facility, the city may withhold approval of the subdivision until
6382 provision has been made for the expansion of the existing downstream
6383 drainage facility.
6384 (4) Floodplain Areas
6385 The city may, when it deems it necessary for the health, safety or welfare of the
6386 present or future population of the area and necessary to the conservation of water,
6387 drainage and sanitary facilities, prohibit the subdivision of any portion of a
6388 property that lies within the floodplain of any stream or drainage course in
6389 accordance with the provisions of this Code.
6390 (D) Dedication of Drainage Easements
6391 (1) Where a watercourse, drainage way, channel or stream traverses a subdivision, the
6392 subdivider shall provide a storm water easement, or park dedication, whichever the
6393 city may deem more appropriate. This easement or dedication shall conform
6394 substantially with the lines of such water courses, together with such further width
6395 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.

DRAFT 5-26-09
6396 drainage of the area. The city engineer shall determine the width of such
6397 easements or dedication areas.
6398 (2) Drainage Easements
6399 (a) Where topography or other conditions are such as to make impractical the
6400 inclusion of drainage facilities within road rights-of-way, the subdivider
6401 shall provide perpetual, unobstructed easements at least 20 feet in width for
6402 drainage facilities across property outside the road lines and with satisfactory
6403 access to the road. Easements shall be indicated on the plat. Drainage
6404 easements shall extend from the road to a natural watercourse or to other
6405 drainage facilities.
6406 (b) When a proposed drainage system will carry water across private land
6407 outside the subdivision, appropriate drainage rights must be secured and
6408 indicated on the plat.
6409 (c) The subdivider shall dedicate by a drainage easement, land on each side of
6410 the centerline of any wetland, body of water, watercourse or drainage
6411 channel, whether or not shown on the city’s comprehensive plan, to a
6412 sufficient width to:
6413 (i) Provide proper protection for water quality;
6414 (ii) Provide retention of storm water runoff; and
6415 (iii) Provide for the installation and maintenance of storm sewers.
6416 3.11.6 Park, Trails, and Open Space Dedication
6417 (A) Purpose
6418 These requirements are established for the purpose of providing for the recreation, health,
6419 safety and welfare of the public through the orderly development of recreation areas and
6420 the conservation of natural resources and scenic beauty in the city. The city council finds
6421 that there is a rationale nexus between the demands created by the subdivision and related
6422 development of land and the need for parks, trails, and open space facilities. Further, the
6423 city council herein establishes requirements for the dedication and or development of
6424 park land, trail improvements, and open space land that is roughly proportionate to the
6425 demands created by the subdivision and development of land resulting from such
6426 subdivision approval.
6427 (B) Authority
6428 It is found and declared that, pursuant to Minn. Stat. §462.358, subd. 2b, it is reasonable
6429 to require dedication of an amount of land equal in value to that percentage of the
6430 undeveloped land set forth in Section 3.11.6(D), Land Dedication Required.
6431 (C) Waiver of Requirements
6432 Upon a request by the developer, the city council, in its discretion, may waive or reduce
6433 the requirements of this section for development in the C1-B (downtown), ED-F
6434 (economic development) or C2-B (corridor development) districts where the city council
6435 finds:
6436 (1) That the vitality resulting from development or redevelopment occurring in areas
6437 zoned C1-B district is of greater benefit to the city in comparison to park, trail and
6438 open space improvements;

DRAFT 5-26-09
6439 (2) That development in areas zoned ED-F district which results in significant
6440 increases in tax revenues to the city or significantly increases employment
6441 opportunities is of greater benefit to the city in comparison to park, trail, or open
6442 space improvements;
6443 (3) That development in areas zoned BN-1 district which allows for the construction of
6444 affordable housing units of a type, price, or amount that is determined to be of
6445 greater benefit to the city in comparison to park, trail, or open space improvements;
6446 or
6447 (4) City-assisted development or redevelopment projects that achieve public
6448 objectives.
6449 (D) Land Dedication Required
6450 (1) In every plat, replat, or subdivision of land allowing development for residential,
6451 commercial, industrial, or other uses or any combination thereof or where a waiver
6452 of platting is granted, but excluding administrative lot line adjustments (See
6453 Section 5.5.10, Administrative Lot Line Adjustment ) that do not create additional
6454 lots, a reasonable portion of such land shall be set aside and dedicated by the owner
6455 or developer to the general public for parks, trails or public open space.
6456 (2) This dedication shall be in addition to the land dedicated for streets, alleys,
6457 stormwater ponds or other public purposes.
6458 (3) Such dedication shall be in an amount based on the schedule of dedication
6459 requirements adopted by city council and maintained outside of this Code.
6460 (E) Dedication or Cash-in-Lieu of Requirements
6461 The amount of land or cash-in-lieu of fees required shall be based upon the approved fee
6462 schedule adopted by the city council and maintained outside of this Code.
6463 (F) Land Suitability Requirement
6464 (1) Land dedicated for park, trail, and open space shall be reasonably suitable for its
6465 intended use and shall be at a location convenient to the people to be served.
6466 (2) Factors used in evaluating the adequacy of a proposed park, trail, or open space
6467 dedication shall include:
6468 (a) Future park needs pursuant to the Parks, Open Space, and Trail Systems
6469 Plan;
6470 (b) Size;
6471 (c) Shape;
6472 (d) Topography;
6473 (e) Geology;
6474 (f) Hydrology;
6475 (g) Tree Cover; and
6476 (h) Access and location.
6477 (3) Park, trail, or open space land to be dedicated shall be above the ordinary high
6478 water mark of any lake, river or stream.
6479 (4) Areas of slope exceeding 12 percent shall be deemed unsuitable for dedication, and
6480 not included as part of areas to meet the dedication requirements.

DRAFT 5-26-09
6481 (5) Land with trash, junk, pollutants, and/or unwanted structures are not suitable.
6482 (6) The city shall not be required to accept land which will not be useable for parks,
6483 trails or open space or which would require extensive expenditures on the part of
6484 the city.
6485 (7) All land dedicated for parks, trails, and/or open space shall be designed to
6486 incorporate natural features such as rivers, streams, wildlife habitats, woodlands,
6487 and ponding areas.
6488 (G) Conformance with the Comprehensive Plan
6489 Land dedicated under this division shall reasonably conform to the city's comprehensive
6490 plan and Parks, Open Space, and Trail System Plan. If the comprehensive plan or Parks,
6491 Open Space and Trail Systems Plan for the parcel of land to be subdivided calls for
6492 public property in excess of that required by Section 3.11.6(D), Land Dedication
6493 Required, the city council shall, before approval or disapproval of the plat, determine
6494 whether to take the necessary steps to acquire, by purchase or condemnation, all or part
6495 of the additional public property.
6496 (H) More Dedication
6497 If the city requires park, trails or open space dedication in excess of the amount of land
6498 required by Section 3.11.6(D), Land Dedication Required, the city shall pay to the
6499 developer the fair market value of the land in excess of the percentage of land required to
6500 be dedicated. The fair market value of the excess land shall be determined based on an
6501 amount equal to 125 percent of the most recent total market value, or similar total land
6502 and building value, as established by the applicable county assessor. Such amount shall
6503 be due at the time of final plat approval that would otherwise be dedicated for park, trail
6504 and open space under this section.
6505 (I) Dedication Process
6506 Prior to the dedication of the required property pursuant to this division, the developer
6507 shall provide the city evidence of title in a form acceptable to the city attorney or a title
6508 insurance policy insuring the city's interest in the property. In any dedication of required
6509 land, the developer must have good and marketable title to the land, free and clear of any
6510 mortgages, liens, encumbrances or assessments, except easements or minor imperfections
6511 of title acceptable to the city.
6512 (J) Trail Construction
6513 When the city's comprehensive plan or parks system master plan identifies a trail to be
6514 constructed in the land to be subdivided, the developer shall be required to pay for the
6515 construction of the trail improvements. The construction specifications of trails shall be
6516 determined by the city engineer and whenever possible, trails shall connect with existing
6517 trails and/or sidewalks.
6518 (K) Credit for Private Open Space
6519 Where a private open space for park, recreation or trail purposes is provided in a
6520 proposed subdivision and such space is to be privately owned and maintained by the
6521 future residents of the subdivision, a credit of up to 25 percent of the requirements of
6522 Section 3.11.6(D), Land Dedication Required may be given, provided that the following
6523 conditions are met:
6524 (1) Such land area is not occupied by nonrecreational buildings and is available for the
6525 use of all residents of the proposed subdivision.

DRAFT 5-26-09
6526 (2) Required setbacks shall not be included in the computation of such private open
6527 space.
6528 (3) The use of the private open space is restricted for park, recreational and trail
6529 purposes by recorded covenants which run with the land in favor of the future
6530 owners of the property within the tract and which cannot be eliminated without the
6531 consent of the city.
6532 (4) The proposed private open space is of an appropriate size, shape, location,
6533 topography and usability for park, recreational and trail purposes or contains
6534 unique natural features that are important to be preserved.
6535 (5) The proposed private open space reduces the demand for public recreational
6536 facilities to serve the development.
6537 (L) Park Tree Requirements
6538 The subdivider or developer shall preserve all existing trees in accordance with Section
6539 3.6.7, Tree and Woodland Preservation.
6540 (M) Other Conditions Prior to Deeding
6541 Prior to dedicating land for park, trails, or open space, the land shall meet the following
6542 conditions:
6543 (1) Grading in the park shall conform to the grading plan as approved by the city
6544 engineer
6545 (2) Rocks that are four inches or greater in diameter shall have been removed from the
6546 land.
6547 (3) A minimum of four inches of black soil shall have been provided by the developer
6548 dependent on subsoil material as determined by the City Engineer
6549 (4) Grass shall have been seeded in the amount of 50-75 percent Kentucky bluegrass
6550 and 25-50 percent perennial ryegrass, or other quick establishing crop to prevent
6551 soil erosion.
6552 (N) Infrastructure
6553 The applicant may bring utilities a reasonable distance inside the property line of the
6554 future park, as determined by the city engineer, and shall cap them at no cost to the city.
6555 Utilities shall include gas, storm sewer, water, electricity and sanitary sewer. The location
6556 where such utilities are to be brought into the future park shall be determined by the city
6557 engineer.
6558 (O) Access
6559 All land dedicated for parks shall have at least 50 feet of street frontage on at least one
6560 side. All trails shall have at least 20 feet of access where the trail connects to a street or
6561 sidewalk.

DRAFT 5-26-09
6562 3.12 Development Standards for the FP-O District30

6564 This section shall apply to all lands within the jurisdiction of Northfield shown on the official
6565 zoning map and/or the attachments thereto as being located within the boundaries of the
6566 floodway, flood fringe, or general flood plain subdistricts (designated as the FP-O district on
6567 the official zoning map).
6569 (A) The following are incorporated herein, by reference for the purpose of administering this
6570 section. The official zoning map is incorporated herein by reference and shall be on file
6571 in the office of the city clerk and the city planner.
6572 (1) The Flood Insurance Study for Northfield, prepared by the Federal Emergency
6573 Management Agency, dated April 2, 2003;
6574 (2) The flood insurance rate maps with panels numbers 270646 0150 B and 270646
6575 0100 B for Rice County, both dated February 4, 1981;
6576 (3) The flood insurance rate maps with panel numbers 270406 0004 C, 270406 0007
6577 C, 270406 0008 C, 270406 0009 C, and 270406 0012 C for the city of Northfield,
6578 all dated April 2, 2003; and
6579 (4) The Letter of Map Revision (LOMR) for the City of Northfield from the Federal
6580 Emergency Management Agency (FEMA) with an effective date of February 22,
6581 2006, including all revised flood insurance rate map panels, flood profiles, tables,
6582 and floodway data tables therein. All future LOMR and Letter of Map Changes
6583 (LOMC) are incorporated herein by reference.
6584 (B) The regulatory flood protection elevation shall be an elevation no lower than one foot
6585 above the elevation of the regional flood plus any increases in flood elevation caused by
6586 encroachments on the flood plain that result from designation of a floodway.
6587 3.12.3 Interpretation
6588 (A) In their interpretation and application, the provisions of this section shall be held to be
6589 minimum requirements and shall be liberally construed in favor of the city and shall not
6590 be deemed a limitation or repeal of any other powers granted by state statutes.
6591 (B) The boundaries of the subdistricts shall be determined by scaling distances on the official
6592 zoning map. Where interpretation is needed as to the exact location of the boundaries of
6593 the district as shown on the official zoning map, as for example where there appears to be
6594 a conflict between a mapped boundary and actual field conditions and there is a formal
6595 appeal of the decision of the city planner, the ZBA shall make the necessary
6596 interpretation. All decisions will be based on elevations on the regional (100-year) flood
6597 profile, the ground elevations that existed on the site at the time the city adopted its initial
6598 flood plain ordinance, and other available technical data. Persons contesting the location
6599 of the subdistrict boundaries shall be given a reasonable opportunity to present their case
6600 to the ZBA and to submit technical evidence.
6601 (C) It is not intended by this section to repeal, abrogate, or impair any existing easements,
6602 covenants, or deed restrictions. However, where this section imposes greater restrictions,
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.

DRAFT 5-26-09
6603 the provisions of this section shall prevail. All other ordinances inconsistent with this
6604 section are superseded by this section for flood plain management.
6605 (D) This section does not imply that areas outside the floodplain districts or land uses
6606 permitted within such subdistricts will be free from flooding or flood damages. This
6607 section shall not create liability on the part of the city or any officer or employee thereof
6608 for any flood damages that result from reliance on this section or any administrative
6609 decision lawfully made thereunder.
6610 (E) If any section, clause, provision, or portion of this section is adjudged unconstitutional or
6611 invalid by a court of competent jurisdiction, the remainder of this section shall not be
6612 affected thereby.
6613 3.12.4 Development Standards for the Floodway Subdistrict (FW)
6614 (A) Permitted Uses
6615 (1) Permitted uses shall include fences, parks, loading areas, parking areas, lawns,
6616 gardens, play areas, trails, and buried utility transmission lines, subject to the
6617 additional standards in this section.
6618 (2) All other uses, including those permitted or conditionally permitted in underlying
6619 base zoning districts, shall be prohibited.
6620 (3) Standards for floodway permitted uses shall be as follows and as determined by
6621 engineering studies required by the city as part of the application:
6622 (a) The use shall have a low flood damage potential.
6623 (b) The use shall be permissible in the underlying zoning district.
6624 (c) The use shall not obstruct flood flows or increase flood elevations and shall
6625 not involve structures, fill, obstructions, excavations or storage of materials
6626 or equipment.
6627 (B) Conditional Uses
6628 Conditional uses shall include accessory structures, placement of fill, excavation, and/or
6629 storage of materials or equipment related to the permitted uses in Section 3.12.4 (A),
6630 Permitted Uses above and the uses listed below:
6631 (1) Structural works for flood control such as levees, dikes, and floodwalls constructed
6632 to any height where the intent is to protect individual structures and levees or dikes
6633 where the intent is to protect agricultural crops for a frequency flood event equal to
6634 or less than the ten year frequency flood event.
6635 (2) Storage yards for equipment, machinery, and materials.
6636 (3) Railroad, streets, bridges, pipelines, and above grade utility transmission lines.
6637 (4) Recreational vehicles on individual lots of record.
6638 (C) Standards for Conditional Uses in the Floodway Subdistrict
6639 (1) No structure (temporary or permanent), fill (including fill for roads and levees),
6640 deposit, obstruction, storage of materials or equipment, or other uses may be
6641 allowed as a conditional use that will cause any increase in the stage of the 100-
6642 year or regional flood or cause an increase in flood damages in the reach or reaches
6643 affected.

DRAFT 5-26-09
6644 (2) All floodway conditional uses shall be subject to the procedures and standards
6645 contained in this Section 3.12, Development Standards for the FP-O District, and
6646 Section 5.5.9, Conditional Use Permit.
6647 (3) The conditional use shall be permissible in the underlying zoning district.
6648 (4) Fill and all other similar materials deposited or stored in the flood plain shall be
6649 protected from erosion by vegetative cover, mulching, riprap, or other acceptable
6650 method.
6651 (5) Accessory Structures
6652 (a) Accessory structures shall not be designed for human habitation.
6653 (b) Accessory structures, if permitted, shall be constructed and placed on the
6654 building site so as to offer the minimum obstruction to the flow of flood
6655 waters:
6656 (i) Whenever possible, structures shall be constructed with the longitudinal axis
6657 parallel to the direction of flood flow; and
6658 (ii) So far as practicable, structures shall be placed approximately on the same flood
6659 flow lines as those of adjoining structures.
6660 (c) Accessory structures shall be elevated on fill or structurally dry flood
6661 proofed in accordance with the FP-1 or FP-2 flood proofing classifications in
6662 the State Building Code.
6663 (d) As an alternative, an accessory structure may be flood proofed to the FP-3 or
6664 FP-4 flood proofing classification in the State Building Code provided the
6665 accessory structure constitutes a minimal investment, does not exceed 500
6666 square feet in size at its largest projection, and for a detached garage, the
6667 detached garage must be used solely for parking of vehicles and limited
6668 storage. All flood proofed accessory structures must meet the following
6669 additional standards:
6670 (i) The structure must be adequately anchored to prevent flotation, collapse or lateral
6671 movement of the structure and shall be designed to equalize hydrostatic flood
6672 forces on exterior walls; and
6673 (ii) Any mechanical and utility equipment in a structure must be elevated to or above
6674 the regulatory flood protection elevation or properly flood proofed; and
6675 (iii) To allow for the equalization of hydrostatic pressure, there must be a minimum
6676 of two "automatic" openings in the outside walls of the structure having a total
6677 net area of not less than one square inch for every square foot of enclosed area
6678 subject to flooding. There must be openings on at least two sides of the structure
6679 and the bottom of all openings must be no higher than one foot above the lowest
6680 adjacent grade to the structure. Using human intervention to open a garage door
6681 prior to flooding will not satisfy this requirement for automatic openings.
6682 (6) Storage of Materials and Equipment
6683 (a) The storage or processing of materials that are, in time of flooding,
6684 flammable, explosive, or potentially injurious to human, animal, or plant life
6685 is prohibited.

DRAFT 5-26-09
6686 (b) Storage of other materials or equipment may be allowed if readily removable
6687 from the area within the time available after a flood warning and in
6688 accordance with a plan approved by the city.
6689 (7) Structural works for flood control that will change the course, current, or cross
6690 section of protected wetlands or public waters shall be subject to the provisions of
6691 Minn. Stat., Chapter 103G.
6692 (8) Citywide structural works for flood control intended to remove areas from the
6693 regulatory flood plain shall not be allowed in the floodway.
6694 (9) A levee, dike, or floodwall constructed in the floodway shall not cause an increase
6695 to the 100-year or regional flood and the technical analysis must assume equal
6696 conveyance or storage loss on both sides of a stream.
6697 3.12.5 Development Standards for the Flood Fringe Subdistrict (FF)
6699 (1) Permitted uses shall be those uses of land or structures listed as permitted uses in
6700 the underlying base zoning district. All permitted uses shall comply with the
6701 standards for flood fringe subdistrict "permitted uses" listed in paragraph (2) below
6702 and the "standards for all flood fringe uses" listed in Section 3.12.5 (C).
6703 (2) Standards for flood fringe permitted uses shall be as follows:
6704 (a) All structures, including accessory structures, must be elevated on fill so that
6705 the lowest floor including basement floor is at or above the regional flood
6706 elevation. The finished fill elevation for structures shall be no lower than one
6707 foot below the regulatory flood protection elevation and the fill shall extend
6708 at such elevation at least 15 feet beyond the outside limits of the structure
6709 erected thereon.
6710 (b) As an alternative to elevation on fill, accessory structures that constitute a
6711 minimal investment and that do not exceed 500 square feet at its largest
6712 projection may be internally flood proofed in accordance with Section 3.12.4
6713 (C) (5) (c).
6714 (c) The storage of any materials or equipment shall be elevated on fill to the
6715 regulatory flood protection elevation.
6716 (d) The provisions of Section 3.12.5(C)#Development Standards for the Flood
6717 Fringe Subdistrict (FF)
6718 (B) Conditional Uses
6719 (1) Any structure that is not elevated on fill or flood proofed in accordance with
6720 Section 3.12.5 (A) (2) (a) and (b) or any use of land that does not comply with the
6721 standards in Section 3.12.5 (A) (2) (c) shall only be allowable as a conditional use,
6722 including those uses that are permitted as of right in the underlying base zoning
6723 district. An application for a conditional use shall be subject to the standards and
6724 criteria and evaluation procedures specified in paragraph (2) and (C) below and
6725 Section 5.5.9, Conditional Use Permit.
6726 (2) Alternative elevation methods other than the use of fill may be utilized to elevate a
6727 structure's lowest floor above the regulatory flood protection elevation. These
6728 alternative methods may include the use of stilts, pilings, parallel walls, etc., or
6729 above-grade, enclosed areas such as crawl spaces or tuck under garages. The base
6730 or floor of an enclosed area shall be considered above-grade and not a structure's

DRAFT 5-26-09
6731 basement or lowest floor if: 1) the enclosed area is above-grade on at least one side
6732 of the structure; 2) it is designed to internally flood and is constructed with flood
6733 resistant materials; and 3) it is used solely for parking of vehicles, building access
6734 or storage. The above-noted alternative elevation methods are subject to the
6735 following additional standards:
6736 (a) The structure's design and as-built condition must be certified by a registered
6737 professional engineer or architect as being in compliance with the general
6738 design standards of the State Building Code and, specifically, that all
6739 electrical, heating, ventilation, plumbing and air conditioning equipment and
6740 other service facilities must be at or above the regulatory flood protection
6741 elevation or be designed to prevent flood water from entering or
6742 accumulating within these components during times of flooding.
6743 (b) Above-grade, fully enclosed areas such as crawl spaces or tuck under
6744 garages must be designed to internally flood and the design plans must
6745 stipulate:
6746 (i) A minimum area of openings in the walls where internal flooding is to
6747 be used as a flood proofing technique. There shall be a minimum of two
6748 openings on at least two sides of the structure and the bottom of all
6749 openings shall be no higher than one foot above grade. The automatic
6750 openings shall have a minimum net area of not less than one square inch
6751 for every square foot subject to flooding unless a registered professional
6752 engineer or architect certifies that a smaller net area would suffice. The
6753 automatic openings may be equipped with screens, louvers, valves, or
6754 other coverings or devices provided that they permit the automatic entry
6755 and exit of flood waters without any form of human intervention; and
6756 (ii) That the enclosed area will be designed of flood resistant materials in
6757 accordance with the FP-3 or FP-4 classifications in the State Building
6758 Code and shall be used solely for building access, parking of vehicles or
6759 storage.
6760 (3) Basements, as defined by Article 6: Definitions, of this Code, shall be subject to the
6761 following:
6762 (a) Residential basement construction shall not be allowed below the regulatory
6763 flood protection elevation.
6764 (b) Nonresidential basements may be allowed below the regulatory flood
6765 protection elevation provided the basement is structurally dry flood proofed
6766 in accordance with Section 3.12.5 (B) (4) below.
6767 (4) All areas of nonresidential structures including basements to be placed below the
6768 regulatory flood protection elevation shall be flood proofed in accordance with the
6769 structurally dry flood proofing classifications in the State Building Code.
6770 Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing
6771 classification in the State Building Code and this shall require making the structure
6772 watertight with the walls substantially impermeable to the passage of water and
6773 with structural components having the capability of resisting hydrostatic and
6774 hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the
6775 FP-3 or FP-4 classification shall not be permitted.
6776 (5) Storage of materials and equipment:

DRAFT 5-26-09
6777 (a) The storage or processing of materials that are, in time of flooding,
6778 flammable, explosive, or potentially injurious to human, animal, or plant life
6779 is prohibited.
6780 (b) Storage of other materials or equipment may be allowed if readily removable
6781 from the area within the time available after flood warning and in
6782 accordance with a plan approved by the city.
6783 (6) The provisions of Section 3.12.5 (C), Standards for All Flood Fringe Uses, shall
6784 also apply.
6785 (C) Standards for All Flood Fringe Uses
6786 The following standards shall apply to all uses in the flood fringe subdistrict:
6787 (1) New Principle Structures
6788 All new principal structures must have vehicular access at or above an elevation
6789 not more than two feet below the regulatory flood protection elevation. If a
6790 variance to this requirement is granted, the board must specify limitations on the
6791 period31 of use or occupancy of the structure for times of flooding and only after
6792 determining that adequate flood warning time and local flood emergency response
6793 procedures exist.
6794 (2) Commercial Uses
6795 Accessory land uses, such as yards, railroad tracks, and parking lots may be at
6796 elevations lower than the regulatory flood protection elevation. However, a flood
6797 development permit for such facilities to be used by the employees or the general
6798 public shall not be granted in the absence of a flood warning system that provides
6799 adequate time for evacuation if the area would be inundated to a depth and velocity
6800 such that when multiplying the depth (in feet) times velocity (in feet per second)
6801 the product number exceeds four upon occurrence of the regional flood.
6802 (3) Manufacturing and Industrial Uses
6803 Measures shall be taken to minimize interference with normal plant operations
6804 especially along streams having protracted flood durations. Certain accessory land
6805 uses such as yards and parking lots may be at lower elevations subject to
6806 requirements set out in paragraph (2) above. In considering flood development
6807 permit applications, due consideration shall be given to needs of an industry whose
6808 business requires that it be located in flood plain areas.
6809 (4) Fill
6810 Fill shall be properly compacted and the slopes shall be properly protected by the
6811 use of riprap, vegetative cover or other acceptable method. The Federal Emergency
6812 Management Agency (FEMA) has established criteria for removing the special
6813 flood hazard area designation for certain structures properly elevated on fill above
6814 the 100-year flood elevation--FEMA's requirements incorporate specific fill
6815 compaction and side slope protection standards for multi-structure or multi-lot
6816 developments. These standards should be investigated prior to the initiation of site
6817 preparation if a change of special flood hazard area designation will be requested.
6818 (5) Flood Plain Developments
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.

DRAFT 5-26-09
6819 Flood plain developments shall not adversely affect the hydraulic capacity of the
6820 channel and adjoining flood plain of any tributary watercourse or drainage system
6821 where a floodway or other encroachment limit has not been specified on the official
6822 zoning map.
6823 (6) Recreational Vehicles
6824 Standards for recreational vehicles are contained in Section 3.12.9, Manufactured
6825 Homes and Manufactured Home Parks and Placement of Recreational Vehicles.
6826 (7) Manufactured Homes
6827 All manufactured homes must be securely anchored to an adequately anchored
6828 foundation system that resists flotation, collapse and lateral movement. Methods of
6829 anchoring may include, but are not to be limited to, use of over-the-top or frame
6830 ties to ground anchors. This requirement is in addition to applicable state or local
6831 anchoring requirements for resisting wind forces.
6832 3.12.6 Development Standards for the General Flood Plain Subdistrict
6834 (1) Permitted uses shall be those uses of land or structures listed as permitted uses in the
6835 underlying zoning use district(s).
6836 (2) The uses listed in Section 3.12.4 (A), Permitted Uses, shall be permitted uses.
6837 (3) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to
6838 Section 3.12.6 (B) below. Section 3.12.4, Development Standards for the Floodway
6839 Subdistrict (FW), shall apply if the proposed use is in the floodway subdistrict and
6840 Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), shall apply
6841 if the proposed use is in the flood fringe subdistrict.
6842 (B) Procedures for Floodway and Flood Fringe Determinations within the General
6843 Flood Plain District
6844 (1) Upon receipt of an application for a flood development permit or other approval within
6845 the general flood plain subdistrict, the applicant shall be required to furnish such of the
6846 following information as is deemed necessary by the city planner for the determination of
6847 the regulatory flood protection elevation and whether the proposed use is within the
6848 floodway or flood fringe subdistrict.
6849 (a) A typical valley cross-section(s) showing the channel of the stream, elevation of
6850 land areas adjoining each side of the channel, cross-sectional areas to be occupied
6851 by the proposed development, and high water information.
6852 (b) Plan (surface view) showing elevations or contours of the ground, pertinent
6853 structure, fill, or storage elevations, the size, location, and spatial arrangement of
6854 all proposed and existing structures on the site, and the location and elevations of
6855 streets.
6856 (c) Photographs showing existing land uses, vegetation upstream and downstream, and
6857 soil types.
6858 (d) Profile showing the slope of the bottom of the channel or flow line of the stream
6859 for at least 500 feet in either direction from the proposed development.
6860 (e) A conditional letter of map revision (CLOMR) from FEMA, and a flood plain map
6861 that result in FEMA approval.

DRAFT 5-26-09
6862 (2) The applicant shall be responsible to submit one copy of the above information to a
6863 designated engineer or other expert person or agency for technical assistance in
6864 determining whether the proposed use is in the floodway or flood fringe district and to
6865 determine the regulatory flood protection elevation. Procedures consistent with
6866 Minnesota Regulations 1983, Parts 6120.5000--6120.6200 and 44 Code of Federal
6867 Regulations Part 65 shall be followed in this expert evaluation. The designated engineer
6868 or expert is strongly encouraged to discuss the proposed technical evaluation
6869 methodology with the respective Department of Natural Resources' area hydrologist prior
6870 to commencing the analysis. The designated engineer or expert shall:
6871 (a) Estimate the peak discharge of the regional flood.
6872 (b) Calculate the water surface profile of the regional flood based upon a hydraulic
6873 analysis of the stream channel and overbank areas.
6874 (c) Compute the floodway necessary to convey or store the regional flood without
6875 increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot
6876 shall be required if, as a result of the additional stage increase, increased flood
6877 damages would result. An equal degree of encroachment on both sides of the
6878 stream within the reach shall be assumed in computing floodway boundaries.
6879 (3) The city planner shall present the technical evaluation and findings of the designated
6880 engineer or expert to the council, who must formally accept the technical evaluation and
6881 the recommended floodway and/or flood fringe district boundary or deny the flood
6882 development permit application. The city council, prior to official action, may submit the
6883 application and all supporting data and analyses to the Federal Emergency Management
6884 Agency, the Department of Natural Resources or the planning commission for review and
6885 comment. Once the floodway and flood fringe district boundaries have been determined,
6886 the city council shall refer the matter back to the city planner who shall process the flood
6887 development permit application consistent with the applicable provisions of Section
6888 3.12.4, Development Standards for the Floodway Subdistrict (FW) , and Section 3.12.5,
6889 Development Standards for the Flood Fringe Subdistrict (FF), of this Code.
6890 3.12.7 Subdivision Requirements in the FP-O District
6891 The following provisions shall apply to all subdivisions in the FP-O district in addition to the
6892 requirements of the city's subdivision regulations as established in this Code:
6893 (A) Review Criteria
6894 No land shall be subdivided which is unsuitable for the reason of flooding, inadequate
6895 drainage, water supply or sewage treatment facilities. All lots within the flood plain
6896 districts shall be able to contain a building site outside of the floodway district at or above
6897 the regulatory flood protection elevation. All subdivisions shall have water and sewage
6898 treatment facilities that comply with the provisions of this section and have road access
6899 both to the subdivision and to the individual building sites no lower than two feet below
6900 the regulatory flood protection elevation. For all subdivisions in the flood plain, the
6901 floodway and flood fringe district boundaries, the regulatory flood protection elevation
6902 and the required elevation of all access roads shall be clearly labeled on all required
6903 subdivision drawings and platting documents.

DRAFT 5-26-09
6904 (B) Floodway/Flood Fringe Determinations in the General Flood Plain District
6905 In the general flood plain district, applicants shall provide the information required in
6906 Section 3.12.6 (B), Procedures for Floodway and Flood Fringe Determinations within the
6907 General Flood Plain District, to determine the 100-year flood elevation, the floodway and
6908 flood fringe district boundaries and the regulatory flood protection elevation for the
6909 subdivision site.
6910 (C) Removal of Special Flood Hazard Area Designation
6911 The Federal Emergency Management Agency (FEMA) has established criteria for
6912 removing the special flood hazard area designation for certain structures properly
6913 elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate
6914 specific fill compaction and side slope protection standards for multi-structure or multi-
6915 lot developments. These standards should be investigated prior to the initiation of site
6916 preparation if a change of special flood hazard area designation will be requested.
6917 3.12.8 Public Utilities, Railroads, Roads, and Bridges
6918 (A) All public utilities and facilities such as gas, electrical, sewer, and water supply systems
6919 to be located in the flood plain shall be flood proofed in accordance with the State
6920 Building Code or elevated to above the regulatory flood protection elevation.
6921 (B) Railroad tracks, roads, and bridges to be located within the flood plain shall comply with
6922 Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), and Section
6923 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), of this Code.
6924 Elevation to the regulatory flood protection elevation shall be provided where failure or
6925 interruption of these transportation facilities would result in danger to the public health
6926 or safety or where such facilities are essential to the orderly functioning of the area.
6927 Minor or auxiliary roads or railroads may be constructed at a lower elevation where
6928 failure or interruption of transportation services would not endanger the public health or
6929 safety.
6930 3.12.9 Manufactured Homes and Manufactured Home Parks and Placement of Recreational
6931 Vehicles
6932 (A) New manufactured home parks and expansions to existing manufactured home parks
6933 shall be subject to the provisions placed on subdivisions by Section 3.12.7, Subdivision
6934 Requirements in the FP-O District.
6935 (B) The placement of new or replacement manufactured homes in existing manufactured
6936 home parks or on individual lots of record that are located in flood plain districts will be
6937 treated as a new structure and may be placed only if elevated in compliance with Section
6938 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF).
6939 (C) If vehicular road access for pre-existing manufactured home parks is not provided in
6940 accordance with Section 3.12.5(C)(1), then replacement manufactured homes will not be
6941 allowed until the property owner(s) develops a flood warning emergency plan acceptable
6942 to the city.
6943 All manufactured homes must be securely anchored to an adequately anchored
6944 foundation system that resists flotation, collapse and lateral movement. Methods of
6945 anchoring may include, but are not to be limited to, use of over-the-top or frame ties to
6946 ground anchors. This requirement is in addition to applicable state or local anchoring
6947 requirements for resisting wind forces.
6948 (D) Recreational vehicles are exempt from the provisions of this section if they are placed in
6949 any of the areas listed in Section 3.12.9 (E) below and further they meet the following
6950 criteria:

DRAFT 5-26-09
6951 (1) Have current licenses required for highway use;

6952 (2) Are highway ready meaning on wheels or the internal jacking system, are attached
6953 to the site only by quick disconnect type utilities commonly used in campgrounds
6954 and recreational vehicle parks and the recreational vehicle has no permanent
6955 structural type additions attached to it; and
6956 (3) The recreational vehicle and associated use must be permissible in any pre-existing,
6957 underlying zoning use district.
6958 (E) Areas exempted for placement of recreational vehicles include:
6959 (1) Individual lots or parcels of record.
6960 (2) Existing commercial recreational vehicle parks or campgrounds.
6961 (3) Existing condominium type associations.
6962 (F) Recreational vehicles exempted in Section 3.12.9 (E) lose this exemption when
6963 development occurs on the parcel exceeding $500.00 for a structural addition to the
6964 recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or
6965 storage building. The recreational vehicle and all additions and accessory structures will
6966 then be treated as a new structure and shall be subject to the elevation/flood proofing
6967 requirements and the use of land restrictions specified in Section 3.12.4, Development
6968 Standards for the Floodway Subdistrict (FW) and Section 3.12.5, Development Standards
6969 for the Flood Fringe Subdistrict (FF). There shall be no development or improvement on
6970 the parcel or attachment to the recreational vehicle that hinders the removal of the
6971 recreational vehicle to a flood-free location should flooding occur.
6972 (G) New commercial recreational vehicle parks or campgrounds and new residential type
6973 subdivisions and condominium associations and the expansion of any existing similar use
6974 exceeding five units or dwelling sites shall be subject to the following:
6975 (1) Any new or replacement recreational vehicle will be allowed in the floodway or
6976 flood fringe districts provided said recreational vehicle and its contents are placed
6977 on fill above the regulatory flood protection elevation and proper elevated road
6978 access to the site exists in accordance with Section 3.12.5(C)(1). No fill placed in
6979 the floodway to meet the requirements of this Section shall increase flood stages of
6980 the 100-year or regional flood.
6981 (2) All new or replacement recreational vehicles not meeting the criteria of a.(1) above
6982 may, as an alternative, be allowed as a conditional use if in accordance with the
6983 following provisions and the provisions of Section 3.12.10(D), Conditional Uses.
6984 The applicant must submit an emergency plan for the safe evacuation of all
6985 vehicles and people during the 100-year flood. Said plan shall be prepared by a
6986 registered engineer or other qualified individual, shall demonstrate that adequate
6987 time and personnel exist to carry out the evacuation, and shall demonstrate the
6988 provisions of Sections 3.12.9(D)(1) and 3.12.9(D)(2) will be met.
6989 3.12.10 Administration
6990 (A) The city planner shall administer and enforce the provisions of this section. If the city
6991 planner finds a violation of the provisions of this section, the city planner shall notify the
6992 person responsible for such violation in accordance with the procedures stated in Section
6993 3.12.13, Penalties for Violation of These Standards.
6994 (B) A flood development permit issued by the city planner in conformity with the provisions
6995 of this section shall be secured prior to the erection, addition, modification, rehabilitation
6996 (including normal maintenance and repair), or alteration of any building, structure, or

DRAFT 5-26-09
6997 portion thereof; prior to the use or change of use of a building, structure, or land; prior to
6998 the construction of a dam, or fence; prior to the change or extension of a nonconforming
6999 use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any
7000 other source; and prior to the placement of fill, excavation of materials, or the storage of
7001 materials or equipment within the flood plain.
7002 (1) An application for a flood development permit shall be made in duplicate to the
7003 city planner on forms furnished by the city planner and shall include the following
7004 where applicable: plans in duplicate drawn to scale, showing the nature, location,
7005 dimensions, and elevations of the lot; existing or proposed structures, fill, or
7006 storage of materials; and the location of the foregoing in relation to the stream
7007 channel.
7008 (2) Prior to granting a certificate of zoning compliance or processing an application for
7009 a conditional use permit or variance, the city planner shall determine that the
7010 applicant has obtained all necessary state and federal permits.
7011 (3) It shall be unlawful to use, occupy, or permit the use or occupancy of any building
7012 or premises or part thereof hereafter created, erected, changed, converted, altered,
7013 or enlarged in its use or structure until a certificate of zoning compliance is issued
7014 by the city planner stating that the use of the building or land conforms to the
7015 requirements of this section.
7016 (4) Permits, conditional use permits, or certificates of zoning compliance issued on the
7017 basis of approved plans and applications authorize only the use, arrangement, and
7018 construction set forth in such approved plans and applications, and no other use,
7019 arrangement, or construction. Any use, arrangement, or construction at variance
7020 with that authorized shall be deemed a violation of this section, and punishable as
7021 provided by Section 4.8, Enforcement and Penalties.
7022 (5) The applicant shall be required to submit certification by a registered professional
7023 engineer, registered architect, or registered land surveyor that the finished fill and
7024 building elevations were accomplished in compliance with the provisions of this
7025 section. Flood proofing measures shall be certified by a registered professional
7026 engineer or registered architect.
7027 (6) The city planner shall maintain a record of the elevation of the lowest floor
7028 (including basement) of all new structures and alterations or additions to existing
7029 structures in the flood plain. The city planner shall also maintain a record of the
7030 elevation to which structures or alterations and additions to structures are flood
7031 proofed.
7032 (7) The city planner shall notify, in watercourse alteration situations, adjacent
7033 communities (municipalities, townships, and counties) and the Ccommissioner of
7034 the Department of Nnatural Rresources in writing prior to the city authorizing any
7035 alteration or relocation of a watercourse. If the applicant has applied for a permit to
7036 work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G,
7037 this shall suffice as adequate notice to the DNR Ccommissioner of natural
7038 resources. A copy of said notification shall also be submitted to the Chicago
7039 Regional Office of the Federal Emergency Management Agency (FEMA).
7040 (8) As soon as is practicable, but not later than six months after the date such
7041 supporting information becomes available, the city planner shall notify the Chicago
7042 Regional Office of FEMA of the changes by submitting a copy of said technical or
7043 scientific data.

DRAFT 5-26-09
7044 (C) Variances

7045 Variances of the standards of this section may be heard by the ZBA but no variance shall
7046 have the effect of permitting a lower degree of flood protection than the regulatory flood
7047 protection elevation for the particular area, or permit standards lower than those required
7048 by state law.
7049 (1) Rules. The board shall adopt rules for the conduct of business and may exercise all
7050 of the powers conferred on such boards by state law.
7051 (2) Administrative review. The board shall hear and decide appeals where it is alleged
7052 there is error in any order, requirement, decision, or determination made by an
7053 administrative official in the enforcement or administration of this division.
7054 (1)(3) Variances. The board may authorize upon appeal in specific cases such relief or
7055 variance from the terms of this division as will not be contrary to the public interest
7056 and only for those circumstances such as hardship, practical difficulties or
7057 circumstances unique to the property under consideration, as provided for in the
7058 respective enabling legislation for planning and zoning for cities or counties as
7059 appropriate. In the granting of such variance, the board shall clearly identify in
7060 writing the specific conditions that existed consistent with the criteria specified in
7061 this division, any other zoning regulations in the city, and in the respective enabling
7062 legislation that justified the granting of the variance. No variance shall have the
7063 effect of allowing in any district uses prohibited in that district, permit a lower
7064 degree of flood protection than the regulatory flood protection elevation for the
7065 particular area, or permit standards lower than those required by state law. The
7066 following additional variance criteria of the FEMA must be satisfied:
7067 (a) Variances shall not be issued by the city within any designated regulatory
7068 floodway if any increase in flood levels during the base flood discharge
7069 would result.
7070 (a)(b) Variances shall only be issued by the city upon:
7071 (i) A showing of good and sufficient cause;
7072 (ii) A determination that failure to grant the variance would result in
7073 exceptional hardship to the applicant; and
7074 (iii) A determination that the granting of a variance will not result in
7075 increased flood heights, additional threats to public safety, extraordinary
7076 public expense, create nuisances, cause fraud on or victimization of the
7077 public, or conflict with existing local laws or ordinances.; and
7078 (b)(c) Variances shall only be issued upon a determination that the variance is the
7079 minimum necessary, considering the flood hazard, to afford relief.
7080 (2)(4) The city planner shall notify the applicant for a variance that:
7081 (a) The issuance of a variance to construct a structure below the base flood level
7082 will result in increased premium rates for flood insurance up to amounts as
7083 high as $25.00 for $100.00 of insurance coverage; and 32
7084 (b) Such construction below the 100-year or regional flood level increases risks
7085 to life and property. Such notification shall be maintained with a record of
7086 all variance actions. The city shall maintain a record of all variance actions,
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.

DRAFT 5-26-09
7087 including justification for their issuance, and report such variances issued in
7088 its annual or biennial report submitted to the administrator of the National
7090 (D) Conditional Uses
7091 (1) The planning commission shall hear and decide applications for conditional uses
7092 permissible under this section. Applications shall be submitted to the city planner
7093 who shall forward the application to the planning commission for consideration
7094 pursuant to the conditional use permit review procedure established in Section
7095 5.5.9, Conditional Use Permit.
7096 (2) In granting a conditional use permit the Planning Commission may prescribe
7097 appropriate conditions and safeguards, in addition to those specified in this section
7098 that are in conformity with the purposes of this section. Violations of such
7099 conditions and safeguards, when made a part of the terms under which the
7100 conditional use permit is granted, shall be deemed a violation of this section,
7101 punishable under Section 4.8, Enforcement and Penalties.
7102 (3) A copy of all decisions granting conditional use permits shall be forwarded by mail
7103 to the DNR Ccommissioner of natural resources within ten days of such action.
7104 (4) Procedures to be followed by the city in passing on conditional use permit
7105 applications within all flood plain districts:
7106 (a) Require the applicant to furnish the following information and additional
7107 information as deemed necessary for determining the suitability of the
7108 particular site for the proposed use:
7109 (i) Plans in triplicate drawn to scale showing the nature, location, dimensions, and
7110 elevation of the lot, existing or proposed structures, fill, storage of materials,
7111 flood proofing measures, and the relationship of the above to the location of the
7112 stream channel; and
7113 (ii) Specifications for building construction and materials, flood proofing, filling,
7114 dredging, grading, channel improvement, storage of materials, water supply and
7115 sanitary facilities.
7116 (b) Transmit one copy of the information described in paragraph (a) above to a
7117 designated engineer or other expert person or agency for technical
7118 assistance, where necessary, in evaluating the proposed project in relation to
7119 flood heights and velocities, the seriousness of flood damage to the use, the
7120 adequacy of the plans for protection, and other technical matters.
7121 (c) Based upon the technical evaluation of the designated engineer or expert, the
7122 city shall determine the specific flood hazard at the site and evaluate the
7123 suitability of the proposed use in relation to the flood hazard.
7124 (5) In passing upon conditional use permit applications, the planning commission shall
7125 consider all relevant factors specified in this section, the standards of Section 5.5.9
7126 (C), Conditional Use Standards, and:
7127 (a) The danger to life and property due to increased flood heights or velocities
7128 caused by encroachments.
7129 (b) The danger that materials may be swept onto other lands or downstream to
7130 the injury of others or they may block bridges, culverts or other hydraulic
7131 structures.

DRAFT 5-26-09
7132 (c) The proposed water supply and sanitation systems and the ability of these
7133 systems to prevent disease, contamination, and unsanitary conditions.
7134 (d) The susceptibility of the proposed facility and its contents to flood damage
7135 and the effect of such damage on the individual owner.
7136 (e) The importance of the services provided by the proposed facility to the city.
7137 (f) The requirements of the facility for a waterfront location.
7138 (g) The availability of alternative locations not subject to flooding for the
7139 proposed use.
7140 (h) The compatibility of the proposed use with existing development and
7141 development anticipated in the foreseeable future.
7142 (i) The relationship of the proposed use to the comprehensive plan and flood
7143 plain management program for the area.
7144 (i)(j) The safety of access to the property in times of flood for ordinary and Formatted: Bullets and Numbering
7145 emergency vehicles.
7146 (j)(k) The expected heights, velocity, duration, rate of rise, and sediment transport
7147 of the floodwaters expected at the site.
7148 (k)(l) Such other factors which are relevant to the purposes of this section.
7149 (6) Upon consideration of the factors listed above and the purpose of this section, the
7150 planning commission shall attach such conditions to the granting of conditional use
7151 permits as it deems necessary to fulfill the purposes of this section. Such conditions
7152 may include, but are not limited to, the following:
7153 (a) Modification of waste treatment and water supply facilities.
7154 (b) Limitations on period of use, occupancy, and operation.
7155 (c) Imposition of operational controls, sureties, and deed restrictions.
7156 (d) Requirements for construction of channel modifications, compensatory
7157 storage, dikes, levees, and other protective measures.
7158 (e) Flood proofing measures, in accordance with the State Building Code and
7159 this section. The applicant shall submit a plan or document certified by a
7160 registered professional engineer or architect that the flood proofing measures
7161 are consistent with the regulatory flood protection elevation and associated
7162 flood factors for the particular area.
7163 3.12.11 Nonconforming Uses
7164 A structure or the use of a structure or premises which was lawful before the passage or
7165 amendment of this section but which is not in conformity with the provisions of this section
7166 may be continued subject to the following conditions. Historic structures, as defined in the
7167 Code of Federal Regulations, Part 59.1, shall be subject to the provisions of paragraphs (A)
7168 through (E) below.
7169 (A) No such use shall be expanded, changed, enlarged, or altered in a way that increases its
7170 nonconformity.
7171 (B) Any structural alteration or addition to a nonconforming structure or nonconforming use
7172 which would result in increasing the flood damage potential of that structure or use shall
7173 be protected to the regulatory flood protection elevation in accordance with any of the
7174 elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing

DRAFT 5-26-09
7175 classifications) allowable in the State Building Code, except as further restricted in
7176 Sections (C) and (F) below. (Note: Need to link section)
7177 (C) The cost of any structural alterations or additions to any nonconforming structure over
7178 the life of the structure shall not exceed 50 percent of the market value of the structure
7179 unless the conditions of this Section are satisfied. The cost of all structural alterations and
7180 additions constructed since the adoption of the city's initial flood plain controls must be
7181 calculated into today's current cost which will include all costs such as construction
7182 materials and a reasonable cost placed on all manpower or labor. If the current cost of all
7183 previous and proposed alterations and additions exceeds 50 percent of the current market
7184 value of the structure, then the structure must meet the standards of Section 3.12.4,
7185 Development Standards for the Floodway Subdistrict (FW) or Section 3.12.5,
7186 Development Standards for the Flood Fringe Subdistrict (FF) for new structures
7187 depending upon whether the structure is in the floodway or flood fringe district,
7188 respectively.
7189 (D) If any nonconforming use is discontinued for 12 consecutive months, any future use of
7190 the building premises shall conform to this section. The assessor shall notify the city
7191 planner in writing of instances of nonconforming uses that have been discontinued for a
7192 period of 12 months.
7193 (E) If any nonconforming use or structure is substantially damaged (See definition in Article
7194 6: Definitions), it shall not be reconstructed except in conformity with the provisions of
7195 this section. The applicable provisions for establishing new uses or new structures in
7196 Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), Section
7197 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), or Section 3.12.6,
7198 Development Standards for the General Flood Plain Subdistrict, will apply depending
7199 upon whether the use or structure is in the floodway, flood fringe or general flood plain
7200 subdistrict, respectively.
7201 (F) If a substantial improvement occurs (See definition in Article 6: Definitions) from any
7202 combination of a building addition to the outside dimensions of the existing building or a
7203 rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions
7204 of an existing nonconforming building, then the building addition (as required by
7205 paragraph (B) above and the existing nonconforming building must meet the
7206 requirements of Section 3.12.4, Development Standards for the Floodway Subdistrict
7207 (FW) or Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF) for
7208 new structures, depending upon whether the structure is in the floodway or flood fringe
7209 district, respectively.
7210 3.12.12 Annexations
7211 Flood plain land that will be annexed into Northfield shall be subject to the provisions of this
7212 section upon annexation. Determination of the floodway and flood fringe within the general
7213 flood plain shall be made as provided in Section 3.12.6 (B), Procedures for Floodway and
7214 Flood Fringe Determinations within the General Flood Plain District.
7215 3.12.13 Penalties for Violation of These Standards
7216 (A) Violation of the provisions of this section or failure to comply with any of its
7217 requirements (including violations of conditions and safeguards established in connection
7218 with grants of variances or conditional uses) shall constitute a misdemeanor and shall be
7219 punishable as defined by this Code and the law.
7220 (B) Nothing herein contained shall prevent the city from taking such other lawful action as is
7221 necessary to prevent or remedy any violation. Such actions may include but are not
7222 limited to:

DRAFT 5-26-09
7223 (1) In responding to a suspected ordinance violation, the city planner may utilize the
7224 full array of enforcement actions available including but not limited to prosecution
7225 and fines, injunctions, after-the-fact permits, orders for corrective measures or a
7226 request to the National Flood Insurance Program for denial of flood insurance
7227 availability to the guilty party. The city must act in good faith to enforce these
7228 official controls and to correct ordinance violations to the extent possible so as not
7229 to jeopardize its eligibility in the National Flood Insurance Program.
7230 (2) When an ordinance violation is either discovered by or brought to the attention of
7231 the city planner, the city planner shall immediately investigate the situation and
7232 document the nature and extent of the violation of the official control. As soon as is
7233 reasonably possible, this information will be submitted to the appropriate
7234 Department of Natural Resources and Federal Emergency Management Agency
7235 Regional Office along with the city's plan of action to correct the violation to the
7236 degree possible.
7237 (3) The city planner shall notify the suspected party of the requirements of this section
7238 and all other official controls and the nature and extent of the suspected violation of
7239 these controls. If the structure and/or use is under construction or development, the
7240 city planner may order the construction or development immediately halted until a
7241 proper flood development permit or approval is granted by the city, or may order it
7242 removed if permits are denied. If the construction or development is already
7243 completed, then the city planner may either:
7244 (a) Issue an order identifying the corrective actions that must be made within a
7245 specified time period to bring the use or structure into compliance with the
7246 official controls;
7247 (b) Notify the responsible party to apply for an after-the-fact
7248 permit/development approval within a specified period of time not to exceed
7249 30 days; or
7250 (c) Order it removed.
7251 (4) If the responsible party does not appropriately respond to the city planner within
7252 the specified period of time, each additional day that lapses shall constitute an
7253 additional violation of this section and shall be prosecuted accordingly. The city
7254 planner shall also upon the lapse of the specified response period notify the
7255 landowner to restore the land to the condition which existed prior to the violation
7256 of this section.
7257 3.12.14 Amendments
7258 The flood plain designation on the official zoning map shall not be removed from flood plain
7259 areas unless it can be shown that the designation is in error or that the area has been filled to or
7260 above the elevation of the regulatory flood protection elevation and is contiguous to lands
7261 outside the flood plain. Special exceptions to this rule may be permitted by the commissioner of
7262 natural resources if he determines that, through other measures, lands are adequately protected
7263 for the intended use.

DRAFT 5-26-09
7264 All amendments to this division, including amendments to the flood plain designation on the
7265 official zoning map, must be submitted to and approved by the commissioner of natural
7266 resources prior to adoption. Changes in the official zoning map must meet the Federal
7267 Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must
7268 receive prior FEMA approval before adoption. The commissioner of natural resources must be
7269 given ten-days written notice of all hearings to consider an amendment to this division and said
7270 notice shall include a draft of the division amendment or technical study under consideration.
7271 3.13 Development Standards for the WS-O District

7272 3.13.1 Site Development Standards
7273 Lot area, width, setbacks and height restrictions regulations are as follows:
7274 (A) River land use district in the city except Section <> (11?) and the south side of the river
7275 to the southern boundary of Babcock Park and the shoreland of all general development
7276 waters:
7277 (1) Minimum shoreland and building lot line width:
7278 (a) Without public sewer: 100 feet.
7279 (b) With public sewer: 75 feet.
7280 (2) Minimum building setback from ordinary high water mark:
7283 (3) Maximum building height: 35 feet, except buildings used primarily for agricultural
7284 purposes and buildings within the boundaries of the C1-B district where the
7285 maximum height shall be that of the underlying base zoning district.
7286 (4) The maximum total lot area covered by impervious surface shall be 30 percent.
7287 This requirement applies only to the portion of the lot within the WS-O district, and
7288 this requirement does not apply within the boundaries of the central business
7289 district as defined in the comprehensive plan including the wild and scenic district
7290 downstream of the Highway #3 bridge and upstream of the intersection of St. Olaf
7291 Avenue with the Cannon River if development plans incorporate any reasonable
7292 methods to decrease sediment and pollutants from the runoff from the impervious
7293 surfaces.
7294 (B) Section <> (11?) and the south side of the river to the southern boundary of Babcock
7295 Park and the shoreland of all natural environment waters:
7296 (1) Minimum shoreline and building lot line width:
7299 (2) Minimum building setback from ordinary high water mark:
7302 (3) Maximum building height: 35 feet, except buildings used primarily for agricultural
7303 purposes where the maximum height shall be that of the underlying base zoning
7304 district.

DRAFT 5-26-09
7305 (3)(4) The maximum total lot area covered by impervious surface shall be 30 percent.
7306 This requirement applies only to the portion of the lot within the WS-O district.
7307 (4)(5) Septic tank and drainfield system setback from the ordinary high water mark: 150
7308 feet.
7309 (C) Where development exists on both sides of a proposed building site in the WS-O district,
7310 structural setbacks may be altered to be equal to the average of the setbacks of the
7311 development on both sides of the proposed building. (Note: this used to be in the first
7312 paragraph above (A))
7313 3.13.2 Vegetative Cutting
7314 Cutting of vegetation in the WS-O district shall be subject to the following:
7315 (A) Natural vegetation in shoreland areas shall be preserved insofar as practicable and
7316 reasonable in order to retard surface runoff and soil erosion, and to utilize excess
7317 nutrients. The removal of natural vegetation shall be controlled by this section in
7318 accordance with the following criteria:
7319 (1) Clearcutting shall be prohibited, except as necessary for placing public roads,
7320 utilities, structures and parking areas.
7321 (2) Natural vegetation shall be restored insofar as feasible after any construction
7322 project.
7323 (3) Selective cutting of trees and underbrush shall be allowed as long as sufficient
7324 cover is left to screen motor vehicles and structures when viewed from the water.
7325 (B) The cutting provisions in Section 3.13.2(A)(1) shall not be deemed to prevent the
7326 following:
7327 (1) The removal of diseased or insect infested trees, or of rotten or damaged trees that
7328 present safety hazards.
7329 (2) Pruning understory vegetation, shrubs, plants, bushes, grasses or harvesting crops
7330 or cutting suppressed trees or trees less than four inches in diameter at a height of
7331 four feet.
7332 3.13.3 Clearcutting
7333 Clearcutting anywhere in the designated WS-O district on the Cannon River is subject to the
7334 following standards and criteria:
7335 (A) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed
7336 conditions are determined by the zoning authority to be fragile and subject to severe
7337 erosion and/or sedimentation.
7338 (B) Clearcutting shall be conducted only where clear-cut blocks, patches, or strips are, in all
7339 cases, shaped and blended with the natural terrain.
7340 (C) The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary.
7341 (D) Where feasible all clear-cuts shall be conducted between September 15 and May 15. If
7342 natural regeneration will not result in adequate vegetative cover, areas in which
7343 clearcutting is conducted shall be replanted to prevent erosion and to maintain the
7344 aesthetic quality of the area. Where feasible, replanting shall be performed in the same
7345 spring, or the following spring.

DRAFT 5-26-09
7346 3.13.4 Grading and Filling

7347 Any grading and filling work done in the WS-O district shall require a zoning certificate and
7348 shall comply with the following:
7349 (A) Grading and filling of the natural topography which is not accessory to a permitted or
7350 conditional use shall not be permitted.
7351 (B) Grading and filling of the natural topography which is accessory to a permitted or
7352 conditional use shall not be conducted without a grading and filling permit from the
7353 zoning authority.
7354 (C) Grading and filling of the natural topography which is accessory to a permitted or
7355 conditional use shall be performed in a manner which minimizes earth moving, erosion,
7356 tree clearing and the destruction of natural amenities.
7357 (D) Grading and filling of the natural topography shall also meet the following standards:
7358 (1) The smallest amount of bare ground is exposed for as short a time as feasible.
7359 (2) Temporary ground cover such as mulch is used and permanent ground cover such
7360 as sod is planted.
7361 (3) Methods to prevent erosion and to trap sediment are employed.
7362 (4) Fill is established to accepted engineering standards.
7363 (E) Any work that will change or diminish the course, current, or cross section of a public
7364 water shall be approved by the DNR Ccommissioner of natural resources before the work
7365 is begun. This includes construction of channels and ditches; lagooning; dredging of
7366 lakes or stream bottoms for removal of muck, silt or weeds; and filling in the lake or
7367 streambed. Approval shall be construed to mean the issuance by the DNR
7368 Ccommissioner of natural resources of a permit under the procedures of applicable law.
7369 3.13.5 Utility Transmission Lines
7370 All utility transmission crossing of land within the Cannon River WS-O district shall require a
7371 conditional use permit. The construction of such transmission services shall be subject to the
7372 standards and criteria of applicable state statutes.
7373 3.13.6 Public Roads
7374 In addition to such permits as may be required by applicable law, a conditional use permit shall
7375 be required for any construction of new public roads within the Cannon River land use district.
7376 A conditional use permit is not required for minor public streets which are streets intended to
7377 serve primarily as an access to abutting properties.
7378 3.13.63.13.7 Land Suitability
7379 No land shall be subdivided which is determined by the city council to be unsuitable because of
7380 flooding, inadequate drainage, soil and rock formation with severe limitations for development,
7381 severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment
7382 capabilities or any other feature likely to be harmful to the health, safety, or welfare of the
7383 future residents of the proposed subdivision or the community.
7384 3.13.73.13.8 Notification of Proposed Zoning Amendments, Variances and Inconsistent Plats
7385 Notification of proposed zoning amendments, variances and inconsistent plats shall be given as
7386 follows:
7387 (A) The city planner shall submit to the DNR Ccommissioner of natural resources for
7388 certification a copy of any application for a zoning amendment, including proposed

DRAFT 5-26-09
7389 changes to district lines, variances, and plats that are inconsistent with this Code. A copy
7390 of the notice of any public hearing or, where a public hearing is not required, a copy of
7391 the application for zoning amendments, variances and inconsistent plats shall be sent to
7392 be received by the DNR Ccommissioner of natural resources at least ten days prior to
7393 such hearing or meeting to consider such action. The notice of application shall include a
7394 copy of the proposed ordinance or amendment or a copy of the proposed inconsistent plat
7395 or a description of the required variance.
7396 (B) The city shall notify the DNR Ccommissioner of natural resources of its final decision
7397 on the proposed action within ten days of the decision.
7398 (C) The action becomes effective only when either:
7399 (1) The final decision taken by the city has previously received certification of
7400 approval from the DNR Ccommissioner of natural resources;
7401 (2) The city receives certification of approval after its final decision;
7402 (3) Thirty days have elapsed from the day the DNR Ccommissioner of natural
7403 resources received notice of the final decision, and the city has not received
7404 certification of approval or notice of disapproval from the; or
7405 (4) The DNR Ccommissioner of natural resources certifies approval within 30 days
7406 after conducting a public hearing.
7407 (D) If the DNR Ccommissioner of natural resources gives notice of disapproval of an
7408 ordinance, variance or inconsistent plat, either the applicant or city planner may, within
7409 30 days of the notice, file with the DNR Ccommissioner of natural resources a demand
7410 for a hearing. If the demand for hearing is not made within 30 days, the notice of
7411 disapproval becomes final.
7412 (1) The hearing will be held within 60 days of the demand and after at least two weeks'
7413 published notice.
7414 (2) The hearing will be conducted in accordance with applicable law.
7415 (3) The DNR Ccommissioner of natural resources shall either certify approval or
7416 disapproval of the proposed action within 30 days of the hearing.
7417 (E) Copies of all plats within the boundaries of WS-O district shall be forwarded to the DNR
7418 Commissioner within ten days of approval by the local authority.
7419 3.13.83.13.9 Conditional Use Permits
7420 The procedures for issuance of conditional use permits are as follows:
7421 (A) Preliminary plans for planned unit developments which are located wholly or partly
7422 within a WS wild and scenic river/shoreland/public waters district or a floodplain district
7423 shall be approved by the commissioner of natural resources prior to application for a
7424 conditional use permit.
7425 (A)(B) A copy of all notices of any public hearings and a copy of the application to
7426 consider issuance of a conditional use permit shall be received by the DNR
7427 Ccommissioner of natural resources at least ten days prior to the hearing. A copy of the
7428 decision shall be forwarded to the DNR Ccommissioner of natural resources within ten
7429 days of such action.

DRAFT 5-26-09
7430 3.13.10 Annexation of Property

7431 When land in the land use district is annexed, incorporated or in any other way transferred to
7432 another jurisdiction, a moratorium shall exist on all subdivision platting, building permits,
7433 construction, grading and filling, and vegetative cutting until the newly responsible unit of
7434 government adopts zoning for that land. The zoning shall meet the provisions of these rules that
7435 applied to the land before the transfer. This subsection does not apply to work for which lawful
7436 permits were previously issued.
7437

DRAFT 5-26-09
Article 4: ADMINISTRATION
7438 Article 4: Administration

7439
7440 4.1 Purpose .................................................................................................................................. 207
7441 4.2 General Provisions for all Administrative Bodies and Boards .............................................. 207
7442 4.3 City Council .......................................................................................................................... 207
7443 4.4 Planning Commission and Zoning Board of Appeals (ZBA)................................................ 208
7444 4.5 Heritage Preservation Commission (HPC) ............................................................................ 209
7445 4.6 City Planner and Code Enforcement Officer......................................................................... 210
7446 4.7 Development Review Committee (DRC) .............................................................................. 211
7447 4.8 Enforcement and Penalties .................................................................................................... 211
7448
7449 4.1 Purpose

7450 The purpose of this article is to identify the authority of the review and decision-making bodies in the
7451 development review procedures established within this Code. It also describes how the provisions of this
7452 Code are to be enforced.
7453 4.2 General Provisions for all Administrative Bodies and Boards
7454 4.2.1 Meetings
7455 All meetings and hearings of the city council, planning commission, zoning board of appeals,
7456 and heritage preservation commission shall be scheduled and conducted in compliance with
7457 bylaws as established by the individual board or commission, and with other applicable laws.
7458 4.2.2 Bylaws
7459 Each board, at its own discretion, may adopt bylaws governing its procedures on such matters
7460 as officers, agendas, voting, order of business, and related matters as it may consider necessary
7461 or advisable, provided such bylaws are consistent with the provisions of this Code.
7462 4.3 City Council

7463 4.3.1 Powers and Duties
7464 In addition to any other authority granted to the city council by charter, ordinance, or state law,
7465 City Council shall have the following powers and duties related to this Code:
7466 (A) To adopt, monitor, and insure implementation of the principles, goals, and strategies of
7467 the official comprehensive plan for Northfield;
7468 (B) To determine the number, qualifications, and terms of the members of the planning
7469 commission, the zoning board of appeals, and heritage preservation commission based on
7470 Section 3.2 of the City Charter;
7471 (C) To initiate or act upon proposed amendments, supplements and enactments to this Code
7472 and changes to the zoning map, or changes to the Land Development Code text;
7473 (D) To review and make decisions and heritage preservation site designations;
7474 (E) To review and make decisions on preliminary plat, final plats, and accept related
7475 improvements;

DRAFT 5-26-09
7476 (F) To review and make decisions on annexation requests;

7477 (G) To decline to follow a recommendation of the planning commission provided that such
7478 action is passed or approved by a majority vote of the full membership of the city
7479 council, and the planning commission is provided with a written response from the City
7480 Council liaison to the Planning Commission detailing the reason for the city council
7481 decision as provided in City Charter, Section 3.2; and
7482 (H) To modify or waive the payment of park dedication requirements as established in
7483 Section 3.11.6, Park, Trails, and Open Space Dedication, upon application by the
7484 property owner, or designated representative as provided for in this Code.
7485 4.4 Planning Commission and Zoning Board of Appeals (ZBA)

7486 4.4.1 Created
7487 There is hereby established a planning commission, a single board that serves as both the
7488 planning commission and zoning board of appeals for the city in accordance with Minn.
7489 Stat.§462.354.
7490 4.4.2 Title and Citations
7491 This board shall be referenced and cited in this Code as the planning commission unless the
7492 specific citation relates to the board’s role as the zoning board of appeals (ZBA), in which case,
7493 the board shall be referenced and cited as the ZBA.
7494 4.4.3 Powers and Duties as Planning Commission33
7495 In addition to any other authority granted to the planning commission by charter, ordinance, or
7496 state law, the planning commission shall have the following powers and duties related to this
7497 Code:
7498 (A) To make recommendations to the city council regarding the adoption of the official
7499 comprehensive plan for Northfield or any amendments thereto;
7500 (B) To review and make decisions on site plans that are of a size and scale to warrant
7501 planning commission review (See Section 5.5.6, Site Plan Review);
7502 (C) To review and make decisions on conditional use permits and major amendments to such
7503 permits;
7504 (D) To review and make recommendations to city council on preliminary plats;
7505 (E) To initiate and make recommendations to city council regarding proposed amendments,
7506 supplements and enactments to this Code and changes to the zoning map, or changes to
7507 the Land Development Code text; and
7508 (F) To review and make recommendations to city council regarding annexation requests.
7509 4.4.4 Powers and Duties as the Zoning Board of Appeals
7510 In addition to any other authority granted to the ZBA by charter, ordinance, or state law, the
7511 planning commission, acting as the ZBA, shall have the following powers and duties related to
7512 this Code:
7513 (A) To review and make decisions on appeals from administrative decisions including
7514 decisions by the HPC on certificates of appropriateness34; and
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.

DRAFT 5-26-09
7515 (B) To review and make decisions on variance requests.

7516 4.4.5 Bylaws
7517 (A) The planning commission shall, by a majority vote of its entire membership, adopt
7518 bylaws governing its procedures on such matters as officers, agendas, voting, order of
7519 business, and related matters as it may consider necessary or advisable, provided such
7520 bylaws are consistent with the provisions of this Code.
7521 (B) If necessary, the planning commission may adopt separate by-laws for their function as
7522 the ZBA if the bylaws need to be altered for the role of the ZBA.
7523 4.5 Heritage Preservation Commission (HPC)

7524 4.5.1 Created
7525 There is hereby established a heritage preservation commission (HPC) in accordance with
7526 Minn. Stat.§471.193, subd. 2.
7527 4.5.2 Members
7528 The membership of the HPC shall be as outlined in the HPC Bylaws.
7529 4.5.3 Annual Report
7530 The HPC shall make an annual report, containing a statement of its activities and plans, to the
7531 state historic preservation office and the city council.
7532 4.5.4 Bylaws
7533 The HPC shall, by a majority vote of its entire membership, adopt bylaws governing its
7534 procedures on such matters as officers, agendas, voting, order of business, and related matters
7535 as it may consider necessary or advisable, provided such bylaws are consistent with the
7536 provisions of this Code.
7538 In addition to any other authority granted to the HPC by charter, ordinance, or state law, the
7539 HPC shall have the following powers and duties related to this Code:
7540 (A) To review and make decisions on certificates of appropriateness;
7541 (B) Following designation of a heritage preservation site by city council, the HPC shall act as
7542 a resource and in an advisory capacity to the owner of the property regarding
7543 preservation, restoration, and rehabilitation activities. HPC activity in this regard shall
7544 include participation in the planning and implementation of activities within the
7545 downtown historic district and other sites that have been designated as heritage
7546 preservation sites.
7547 (C) The HPC shall work for the continuing education of the citizens of the city with respect
7548 to the city's civic and architectural heritage. This continuing education may include
7549 public meetings or publications. It shall keep current and public a register of designated
7550 heritage preservation sites along with the plans and programs that pertain to them.
7551 (D) The heritage preservation commission may recommend to the city the acceptance of gifts
7552 and contributions to be made to the city and to assist the city staff in the preparation of
7553 applications for grant funds to be made through the city for the purpose of heritage
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.

DRAFT 5-26-09
7554 preservation. Any contributions or gifts will be expended in the manner provided through
7555 the city's fiscal policy.
7556 (E) The HPC shall establish and monitor an archive policy that would encourage the
7557 collection of all city planning and development records, documents, studies, models,
7558 maps, plans and drawings. This may be entered into the public library historical archives
7559 as a permanent record of city history and development.
7560 (F) At the discretion of the HPC, public hearings may be initiated to solicit public input
7561 regarding proposed activities to a heritage preservation site.
7562 4.6 City Planner and Code Enforcement Officer

7563 4.6.1 Appointment
7564 The city administrator shall appoint a city planner, code enforcement officer, or other appointed
7565 designee, to administer and enforce this Code. Nothing in this Code shall prevent the city
7566 administrator from appointing a single person as both the city planner and code enforcement
7567 officer.
7568 4.6.2 Administration Powers and Duties
7569 In addition to any other authority granted to the city planner by charter, ordinance, or state law,
7570 the city planner shall have the following powers and duties related to this:
7571 (A) Interpret the meaning and application of this Code as allowed for in Section 5.5.18, Code
7572 Interpretation;
7573 (B) Issue zoning certificates, temporary use permits, flood plain permits, and other
7574 administrative permits or certificates;
7575 (C) Review and make decisions on minor subdivisions, minor PD-O district; amendments,
7576 administrative lot line adjustments, and lot consolidations;
7577 (D) Serve as administrative staff to the Planning Commission, ZBA, and HPC.
7578 (E) Accept and certify, as to completeness, all submitted applications. Incomplete
7579 applications will not be placed on an agenda;
7580 (F) Establish and publicize the agenda for all meetings;
7581 (G) Respond to inquiries;
7582 (H) Maintain permanent and current records in conformance with the city’s records
7583 retention/disposition policy;
7584 (I) Serve as chairperson of the DRC;
7585 (J) Undertake notice requirements as established in this code; and
7586 (K) Provide minutes of all planning commission, ZBA, and HPC meetings.
7587 4.6.3 Enforcement Powers and Duties
7588 In addition to any other authority granted to the code enforcement officer by charter, ordinance,
7589 or state law, the code enforcement officer shall have the following powers and duties related to
7590 this Code:
7591 (A) Conduct inspection of sites, buildings and uses of land to determine compliance with this
7592 Code; and
7593 (B) Determine the existence of any violations of this Code, issue notifications, or initiate
7594 other administrative or legal action as needed.

DRAFT 5-26-09
7595 4.7 Development Review Committee (DRC)

7596 4.7.1 Role
7597 The DRC is the technical review body composed of city staff responsible for the initial review
7598 of applications submitted to the city under this Code.
7600 The members of the DRC shall review all applications forwarded to it by the city planner and
7601 respond to other issues to be considered by the city council and planning commission that are
7602 relevant to the purpose, intent, and implementation of this Code.
7603 4.7.3 Membership
7604 (A) The DRC shall be comprised of the community development director, city engineer, city
7605 planner, building official, and fire chief. Additional city staff, or outside agencies and
7606 professionals, possessing specific expertise in a matter relating to a given application or
7607 issue may be consulted at the discretion of the city planner including, but not limited to,
7608 the economic development manager, police department, city attorney, the Department of
7609 Natural Resources, and the applicable Soil and Water Conservation District.
7610 (B) City council may approve a list of architects, design professionals, planners, engineers, or
7611 other professions that may be consulted, at the discretion of the city planner, pursuant to
7612 paragraph (A) above.
7613 4.7.4 Meetings
7614 (A) The city planner will serve as the chairperson to the DRC, schedule meetings, and
7615 prepare follow-up reports as appropriate. The city planner shall inform the applicant of
7616 the date, time, and location of the DRC meeting. The applicant may attend the DRC
7617 meeting but such attendance is not mandatory.
7618 (B) The DRC meeting related to a specific application subject to review by a board shall
7619 occur prior to the preparation of any staff report for the planning commission, ZBA,
7620 HPC, or city council meeting or hearing.
7621 4.8 Enforcement and Penalties

7622 4.8.1 Enforcement by City Planner and Code Enforcement Officer
7623 (A) It shall be the duty of the city planner and code enforcement officer to enforce this Code
7624 in accordance with these administrative provisions.
7625 (B) All departments, officials, and employees of the city shall comply with the provisions of
7626 this Code, and shall issue no permit, license, or registration for any use, building, or
7627 purpose in conflict with the provisions of this Code.
7628 (C) Any permit issued in conflict with this Code is considered null and void. The city planner
7629 shall have the authority to require a new application and full compliance with this Code if
7630 such permit was issued in error.
7631 (D) The duties imposed on the city planner shall not constitute a limitation on the power of
7632 other enforcement officers of this city to make arrests or to institute prosecutions for
7633 violations of this Code.

DRAFT 5-26-09
7634 4.8.2 Violations and Penalties

7635 It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any
7636 building or land in violation of any of the provisions of this Code, or any amendment or
7637 supplement thereto adopted by the city council. Any person, firm, corporation, or other legal
7638 entity violating any of the provisions of this Code, or any amendment or supplement, shall be
7639 guilty of a fourth degree misdemeanor (Minnesota Statutes Section 462.362). Upon conviction,
7640 the person, firm, corporation, or other legal entity shall be fined not more than maximum
7641 permitted by law. Any person, firm, corporation, or other legal entity that is convicted of
7642 violating any of the provisions of this Code, having been previously convicted of violating any
7643 of the provisions of this Code, or any amendment or supplement within two years of the offense
7644 charged, shall be guilty of a fourth degree misdemeanor and fined not more than the maximum
7645 permitted by law. Each and every day during which such illegal location, erection, construction,
7646 reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a
7647 separate offense.
7649 (A) The city shall meet the requirements of this Code to the maximum extent possible.
7650 (B) The city and other government entities carrying out a governmental function, activity, or
7651 implementation of essential services may be exempt in whole or in part from this Code to
7652 the extent permitted in state and federal law.
7653 (C) Other governmental agencies that are exempt from the regulations of this Code, in whole
7654 or in part, are encouraged to meet the requirements of this Code to the maximum extent
7655 possible.
7656 4.8.4 Remedies
7657 (A) In case any building is or is proposed to be used in violation of this Code, or any
7658 amendment or supplement, the city council, city administrator, city attorney, city planner,
7659 or any person who would be specifically damaged by such violation may institute
7660 appropriate action or proceedings to prevent such unlawful location, erection,
7661 construction, reconstruction, alteration, conversion, maintenance or use. The action could
7662 be to restrain, correct or abate such violation; to prevent the occupancy of said building
7663 structure or land; or to prevent any illegal act, conduct, business or use in or about such
7664 premises.
7665 (B) Nothing herein contained shall prevent the city from taking such other lawful action as is
7666 necessary to prevent or remedy any violation.
7667
7668

DRAFT 5-26-09
Article 5: DEVELOPMENT PROCEDURES
7669 Article 5: Development Procedures

7670
7671 5.1 Purpose .................................................................................................................................. 213
7672 5.2 Applicability .......................................................................................................................... 213
7673 5.3 Common Development Review Requirements ..................................................................... 213
7674 5.4 Summary of Application and Review Procedure Types ....................................................... 219
7675 5.5 Specific Development Review Procedure Requirements ...................................................... 229
7676
7677 5.1 Purpose

7678 The purpose of this Article is to establish standard decision-making procedures that will enable the city,
7679 the applicant, and the public to reasonably review applications and participate in the local decision-
7680 making process in a timely and effective way. This article outlines the criteria, procedures, and
7681 information necessary to obtain development approvals from the city, including permit approval.
7682 5.2 Applicability

7683 5.2.1 All land use and development permit applications, except building permits, shall be decided by
7684 using the procedures contained in this article.
7685 5.2.2 There are six different types of procedural reviews with different variations on the review
7686 bodies. These six procedures are defined in Section 5.4, Summary of Application and Review Procedure
7687 Types.
7688 5.2.3 All permits, certificates, and reviews specified in this Code are subject to one of the six review
7689 types as illustrated in Table 5.4-1.
7690 5.2.4 Specific procedures and decision criteria for each type of permit, certificate, and review are
7691 contained in Section 5.5, Specific Development Review Procedure Requirements.
7692 5.2.5 In addition to the requirements of this Code, certain development permit applications may be
7693 subject to additional standards outside of this Code, including, but not limited to the following:
7694 (A) The Surface Water Management Plan;
7695 (B) The Comprehensive Sanitary Sewer Plan;
7696 (C) The Comprehensive Water Plan;
7697 (D) The Greater Northfield Area Greenway System Action Plan;
7698 (E) The Natural Resources Inventory;
7699 (F) The Parks, Open Space, and Trail System Plan; and
7700 (G) The Comprehensive Transportation Plan Update.
7701 5.3 Common Development Review Requirements

7702 The requirements of this section shall apply to all development review applications and procedures
7703 subject to development review under this article, unless otherwise stated.

DRAFT 5-26-09
7704 5.3.1 Authority to File Applications

7705 (A) Unless otherwise specified in this Code, development review applications may be
7706 initiated by:
7707 (1) The planning commission or city council, where applicable;
7708 (2) The owner of the property that is the subject of the application; or
7709 (3) The owner’s authorized agent.
7710 (B) When an authorized agent files an application under this Code on behalf of a property
7711 owner, the property owner shall be required to sign the application.
7712 (C) If the property subject to an application is under more than one ownership, all owners or
7713 their authorized agents shall join in filing the application.
7714 5.3.2 Application Submission Schedule
7715 The schedule for the submission of applications in relation to scheduled meetings of the review
7716 bodies shall be established by the city planner and made available to the public.
7717 5.3.3 Application Contents
7718 (A) Applications required under this Code shall be submitted in a form and in such numbers
7719 as established by the planning commission in a submittal list made available to the
7720 public. From time to time, the planning commission may amend the submittal list with a
7721 majority vote.
7722 (B) Applications shall be accompanied by a fee as established by the city council and
7723 pursuant to Section 5.3.6, Fees.
7724 (C) Application certification is required by the city planner as follows:
7725 (1) The city planner shall review and make decisions on the completeness of an
7726 application as provided for in Minn. Stat. §15.99, subd. 3.
7727 (2) Incomplete applications shall be addressed as provided in Minn. Stat. §15.99, subd.
7728 3.
7729 (3) Any time limits established for a review procedure in this Code shall not begin
7730 until the city planner certifies that the application is complete.
7731 5.3.4 Effect of Preapplication Meetings and Informal Meetings
7732 Discussions that occur during a preapplication meeting or informal meetings with boards are
7733 not binding on the city and do not constitute official assurances or representations by the city or
7734 its officials regarding any aspects of the plan or application discussed.
7735 5.3.5 Neighborhood Meetings35
7736 (A) Where an applicant is required to facilitate a neighborhood meeting, such meeting shall
7737 be held prior to submitting the application for the applicable procedure.
7738 (B) The applicant shall provide appropriate notice to the neighborhood as described
7739 established in the procedure, and include a vicinity map of the project, the purpose of the
7740 neighborhood meeting, and the time, date, and location of the meeting within the notice;
7741 (C) The applicant shall conduct the neighborhood meeting within proximity of the location of
7742 the proposed development. If it is not possible to hold the meeting in proximity to the
35
We have drafted these requirements in a manner to minimize the city involvement and therefore minimize an
applicant or the property owners perceiving that city staff has “taken a side.” Some communities do establish some
level of staff involvement but it should be very limited.

DRAFT 5-26-09
7743 location of the proposed development, due to a lack of public facilities, the meeting shall
7744 be held in a nearby convenient location;
7745 (D) The applicant shall provide the city planner with a written summary or transcript of the
7746 meeting as part of their application;
7747 (E) The applicant shall identify, in writing, the changes made to the plans to address the
7748 concerns of the neighboring property owners. Such information shall be required at the
7749 time of the their application; and
7750 (F) If an applicant fails to hold a neighborhood meeting or does not demonstrate a reasonable
7751 effort was made in the notification of such meeting, such failure shall not stop or delay
7752 the review process. However, such omission may be just cause for denial of the
7753 application.
7754 5.3.6 Fees
7755 (A) Establishment of Fees
7756 City council shall establish by resolution a schedule of fees for all permits and
7757 applications required by this Code. In so doing, the city council shall consider the
7758 recommendations of the city planner with respect to actual administrative costs.
7759 (B) Fees to be Paid
7760 No application shall be processed or considered complete until the established fee has
7761 been paid.
7762 (C) Refund of Fees
7763 Application fees are not refundable except where the city planner determines that an
7764 application was accepted in error, or the fee paid exceeds the amount due, in which case
7765 the amount of the overpayment will be refunded to the applicant.
7766 5.3.7 Decisions
7767 All decisions shall be made in accordance with the Charter of the City of Northfield, city
7768 ordinances, individual board’s bylaws, and state law. In cases of conflict, the provisions of the
7769 city charter shall apply first followed by state law.
7770 5.3.8 Public Notice
7771 Applications for development review shall comply with the Minn. Stat.§462.357, subd. 3 and
7772 the provisions of this article with regard to public notification.
7773 (A) Content
7774 Notices for public hearings, whether by publication or mail (written notice), shall, at a
7775 minimum:
7776 (1) Identify the address or location of the property subject to the application and the
7777 name of the applicant or the applicant’s agent.
7778 (2) Indicate the date, time, and place of the public hearing.
7779 (3) Describe the land involved by street address, or by legal description and, if
7780 applicable, the nearest cross street, and project area (size).
7781 (4) Describe the nature, scope, and purpose of the application or proposal.
7782 (5) Identify the location (e.g., the offices of the city planner) where the public may
7783 view the application and related documents.

DRAFT 5-26-09
7784 (6) Include a statement that the public may appear at the public hearing, be heard, and
7785 submit evidence and written comments with respect to the application.
7786 (7) Include a statement describing where written comments will be received prior to
7787 the public hearing.
7788 (B) Constructive Notice
7789 (1) Minor defects in any notice shall not impair the notice or invalidate proceedings
7790 pursuant to the notice if a bona fide attempt has been made to comply with
7791 applicable notice requirements. Minor defects in notice shall be limited to errors in
7792 a legal description, typographical or grammatical errors, or errors of actual acreage
7793 that do not impede communication of the notice to affected parties. Failure of a
7794 party to receive written notice shall not invalidate subsequent action. In all cases,
7795 however, the requirements for the timing of the notice and for specifying the time,
7796 date, and place of a hearing shall be strictly construed. If questions arise at the
7797 hearing regarding the adequacy of notice, the decision-making body shall direct the
7798 city planner to make a formal finding as to whether there was substantial
7799 compliance with the notice requirements of this Code, and such finding shall be
7800 made available to the decision-making body prior to final action on the request.
7801 (2) When the records of the city document the publication, mailing, and posting of
7802 notices as required by this section, it shall be presumed that notice of a public
7803 hearing was given as required by this section.
7804 (C) Timing of the Notice
7805 Unless otherwise expressly provided in the Minnesota Statutes or this Code, notice, when
7806 required, shall be postmarked or published at least ten days prior to the hearing or action.
7807 (D) Published Notice
7808 When the provisions of this Code require that notice be published, the city planner shall
7809 be responsible for preparing the content of the notice and publishing the notice in the
7810 official newspaper of general circulation that has been selected by the city. The content
7811 and form of the published notice shall be consistent with the requirements of Section
7812 5.3.8(A), Content, and state law.
7813 (E) Written (Mailed) Notice
7814 (1) When the provisions of this Code require that written or mailed notice be provided,
7815 the city planner shall be responsible for preparing and mailing the written notice as
7816 follows:
7817 (a) Written notice for planning commission hearings for zoning map
7818 amendments, text amendments to this Code, environmental review
7819 consideration as outlined in Section 5.3.9, Environmental Review
7820 Consideration, below, conditional use permits, major subdivisions, or
7821 annexation requests shall be given to property owners within 350 feet of the
7822 outer boundaries of the subject property.
7823 (b) Written notice for ZBA hearings for variances or appeals shall be given to
7824 property owners within 350 feet of the outer boundaries of the subject
7825 property.
7826 (2) The notification of property owners shall apply only to the initial presentation of
7827 the application for the public hearing in front of the planning commission or ZBA.
7828 (3) Written notice shall be postmarked no later than ten days prior to the meeting at
7829 which the item will be considered.

DRAFT 5-26-09
7830 5.3.9 Environmental Review Consideration

7831 (A) Purpose
7832 The purpose of this section is to determine whether certain projects have or may have the
7833 potential for significant environmental effects and should undergo special procedures of
7834 the Minnesota Environmental Review Program.
7835 (B) General Provisions
7836 (1) No development project shall be approved prior to review by the city planner to
7837 determine the necessity for completion of an environmental assessment worksheet
7838 (EAW) or environmental impact statement (EIS). The city also may use the
7839 Alternative Urban Areawide Review Process (AUAR) as described in Minnesota
7840 Rules 4410.3610.
7841 (2) Procedures for EAWs and EISs are set forth in the Minnesota Environmental
7842 Quality Review Board (EQB) regulations for the Environmental Review Program
7843 authorized by Minn. Stat. §116D.04 and 116D.04S and specified in Minnesota
7844 Rules Parts 4410.0200 to 4410.7800.
7845 (3) Environmental reviews (EAWs and EISs) shall be conducted as early as practical in
7846 the processing of a development project. Time delays in the normal permit process
7847 caused by the filing and review of the EAW or EIS shall not be considered part of
7848 the zoning certificate approval time requirements set forth in this Code and in
7849 Minn. Stat.§15.99. Such delays shall be considered as additional required time for
7850 each required zoning certificate. The zoning certificate process for the proposed
7851 project may be continued from the point it was interrupted by the EAW/EIS
7852 process. No decision on granting a zoning certificate or other approval required to
7853 commence the project may be issued until the EAW/EIS process is completed.
7854 (C) Environmental Assessment Worksheet (EAW)
7855 (1) Purpose
7856 The purpose of an EAW is to rapidly assess, in a worksheet format, whether or not
7857 a proposed action has the potential for significant environmental effects.
7858 (2) Mandatory EAW
7859 The preparation of an EAW shall be mandatory for those projects that meet or
7860 exceed the thresholds contained in the State Environmental Review Program
7861 regulations, Minnesota Rules 4410.4300, as may be amended.
7862 (3) Discretionary EAW
7863 A discretionary EAW may be required when it is determined that, because of the
7864 nature or location of a proposed project, the project may have the potential for
7865 significant environmental effects. The city council may require the preparation of a
7866 discretionary EAW if it is determined that a development project may have some
7867 significant environmental impact or when there is a perception of such, provided
7868 that the project is not specifically exempted by Minnesota Rules 4410.4600, as may
7869 be amended.
7870 (4) Procedures
7871 (a) Preparation and Distribution
7872 (i) If it is determined that an EAW shall be prepared, the proposer of the project
7873 shall submit an application along with the completed data portions of the EAW.
7874 The applicant shall agree in writing, as a part of the application, to reimburse the

DRAFT 5-26-09
7875 city for all reasonable costs, including legal and consultants’ fees, incurred in
7876 preparation and review of the EAW.
7877 (ii) Pursuant to Minnesota Rules 4410.1400, the city planner, along with other city
7878 staff as necessary, shall promptly review the submittal for completeness and
7879 accuracy. If the city planner determines that the submittal is incomplete, the
7880 submittal shall be returned to the proposer for completion of the missing data. If
7881 the city planner determines that the submittal is complete, the proposer shall be
7882 notified of the acceptance of the submittal.
7883 (iii) The city planner shall distribute copies of the EAW to the EQB for publication of
7884 the notice of availability of the EAW in the EQB Monitor. Copies shall be
7885 distributed at the same time to the official EAW distribution list maintained by
7886 the EQB staff. The city planner shall provide a press release to the city’s official
7887 newspaper, containing notice of availability of the EAW for public review.
7888 (b) Neighboring Property Owner Notification
7889 Upon completion of the EAW for distribution, the city planner shall provide
7890 mailed notice of the availability of the EAW and the information about the
7891 planning commission meeting where it will be heard to all property owners
7892 within at least 350 feet of the boundaries of the property that is the subject of
7893 the EAW. Said notice shall be mailed according to the requirements of this
7894 section and Section 5.3.8, Public Notice.
7895 (c) Review by Planning Commission
7896 During the 30-day comment period that follows publication of the notice of
7897 availability of the EAW in the EQB Monitor, the planning commission shall
7898 review the EAW. The planning commission shall make a recommendation
7899 to the city council regarding potential environmental impacts that may
7900 warrant further investigation before the project is commenced and the need
7901 for an EIS on the proposed project.
7902 (d) Decision by City Council
7903 The city council shall make its decision on the need for an EIS for the
7904 proposed project after the close of the comment period. The city council
7905 shall base its decision on the need for an EIS and the proposed scope of an
7906 EIS on the information gathered during the EAW process and on the
7907 comments received on the EAW. Pursuant to Minnesota Rules 4410.1700, in
7908 deciding whether a project has the potential for significant environmental
7909 effects, the following factors shall be considered:
7910 (i) Type, extent and reversibility of environmental effects.
7911 (ii) Cumulative potential effects of related or anticipated future projects.
7912 (iii) The extent to which the environmental effects are subject to mitigation by
7913 ongoing public regulatory authority.
7914 (iv) The extent to which environmental effects can be anticipated and controlled as a
7915 result of other environmental studies undertaken by public agencies or the project
7916 proposer, or of EISs previously prepared on similar projects.
7917 (e) After the city council’s decision on the need for an EIS, notice shall be
7918 provided to all persons on the EAW distribution list, to all persons who
7919 commented in writing during the 30 day comment period, to the EQB staff

DRAFT 5-26-09
7920 for publication of the decision in the EQB Monitor and to any person upon
7921 written request.
7922 (5) Mitigation Measures
7923 Any measures for mitigating that are considered by the city council in making their
7924 EIS need decision may be incorporated as conditions for approval of conditional
7925 use permits, variances, and/or site plan requests.
7926 (D) Environmental Impact Statement (EIS)
7927 (1) Purpose
7928 The purpose of an EIS is to provide information for governmental units, the
7929 proposer of the project and other persons to evaluate proposed projects which have
7930 the potential for significant environmental effects, to consider alternatives to the
7931 proposed projects and to explore methods for reducing adverse environmental
7932 effects.
7933 (2) Mandatory EIS
7934 An EIS shall be prepared for any project that meets or exceeds the thresholds of
7935 any of the EIS categories listed in Minnesota Rules 4410.4400, as may be
7936 amended.
7937 (3) Discretionary EIS
7938 An EIS shall be prepared when the city council determines that, based on the EAW
7939 and any comments or additional information received during the EAW comment
7940 period, the proposed project has the potential for significant environmental effects,
7941 or when the city council and/or the proposer of the project agree that an EIS should
7942 be prepared.
7943 (4) Procedures
7944 (a) All projects requiring an EIS must have an EAW on file with the city, which
7945 will be used to determine the scope of the EIS. All EISs shall be prepared
7946 according to the procedures and requirements of the State Environmental
7947 Review Program, Rules 4410.2100-4410.3000, as may be amended. The
7948 costs of preparation of an EIS shall be assessed to the project proposer in
7949 accordance with Minnesota Rules Parts 4410.6000 to 4100.6500, as may be
7950 amended.
7951 (b) Mitigation Measures. Any measures for mitigating that are considered by
7952 the city council in making their EIS need decision may be incorporated as
7953 conditions for approval of conditional use permits, variances, and/or site
7954 plan requests.
7955 5.4 Summary of Application and Review Procedure Types

7957 (A) The development review procedure type assigned to each permit governs the decision-
7958 making process for that permit or review. There are six types of decision-making
7959 procedures that are described in detail within this section.
7960 (B) Applications may be reviewed by planning commission informally in a regularly
7961 scheduled work session prior to the planning commission’s required formal meeting as
7962 appropriate. Such informal reviews and discussions shall be subject to Section 5.3.4,
7963 Effect of Preapplication Meetings and Informal Meetings.

DRAFT 5-26-09
7964 (C) Unless otherwise indicated within this Code, all applications for permits or other
7965 approvals shall be submitted to the city planner.
7966 5.4.2 Summary Table of Development Review Procedures by Type of Review
7967 Table 5.4-1 summarizes the type of development review procedures permitted under this Code.
7968 The subsequent sections of this article define the applicable approval procedures, criteria, and
7969 submittal requirements.

DRAFT 5-26-09
7970
Table 5.4-1: Summary Table of Review Procedure Types
Type 1 Type 3 Type 4 Planning

Type 2 Type 5
City Planning Commission (or Type 6
City Planner City
See Planner Commission/ HPC) and City ZBA
Procedure (With DRC) Council
Section (No DRC) HPC Council
Recommendation
Decision Decision Decision Decision Decision
and Decision
Zoning Certificate
5.5.1 X X X
[1]
Temporary Use
5.5.2 X X
Permit
Construction
5.5.3 X [2]
Drawings
Flood Plain Permit 5.5.4 X
Amendment to the
5.5.5 X X
PD-O District
Site Plan Review 5.5.6 X
Heritage
Preservation Site 5.5.7 X (HPC)
Designation
Certificate of
5.5.8 X (HPC)
Appropriateness
Conditional Use
5.5.9 X
Permit
Administrative Lot
5.5.10 X
Line Adjustment
Minor Subdivision
and Lot 5.5.11 X
Consolidation
Major Subdivision –
5.5.12(B) X
Preliminary Plat
Major Subdivision -
5.5.12(D) X
Final Plat
Comprehensive Plan
5.5.13
Amendment
Zoning Map or Text
Amendments to this 5.5.14 X
Code
Annexation 5.5.15 X
Variance 5.5.16 X
Appeals 5.5.17 X
Code Interpretation 5.5.18 X
Notes:
[1] The type of review required for a zoning certificate is dependent on the size and scale of the project. Section 5.5.1, Zoning
Certificate, establishes the thresholds that will define what review type is applicable for a given application. In some cases, an
application for a zoning certificate may be subject to the site plan review procedure established in Section 5.5.6, Site Plan
Review.
[2] For construction drawings, the city engineer shall have the authority to review and approve the submission instead of the city
planner.

DRAFT 5-26-09
7971 5.4.3 Type 1 Review Procedure (City Planner Decision without

7972 DRC Review) Submission of
Application
7973 Type 1 review procedure decisions are made by the city
7974 planner without public notice and without a public hearing.
7975 (A) Application Submittal
Application Certification
7976 The applicant shall submit an application in accordance
7977 with Section 5.3, Common Development Review
7978 Requirements.
7979 (B) Action by the City Planner city planner Review and
Decision
7980 (1) Within 15 days of the date when an application is
7981 certified (See Section 5.3.3(C), Application
7982 certification is required by the city planner), the
7983 city planner shall render a decision to approve or Type 1 Review
7984 deny an application. The written decision shall be Procedure
7985 communicated through the issuance of a zoning
7986 certificate or a letter to the applicant citing the reasons for denial.
7987 (2) The decision shall be final on the date it is mailed or otherwise provided to the
7988 applicant, whichever occurs first.
7989 (C) Appeal
7990 The decision by the city planner may be appealed to the Preapplication
7991 ZBA within ten days from the date of the action appealed Meeting
7992 from in accordance with Section 5.5.17, Appeals.
7993 5.4.4 Type 2 Review Procedure (City Planner Decision with DRC
7994 Review) Submission of
7995 Type 2 review procedure decisions are made by the city Application
7996 planner, with consultation from the DRC, without public notice
7997 and without a public hearing.
7998 (A) Preapplication Meeting Application Certification
7999 The applicant shall be required to meet with the city
8000 planner prior to submitting an application to discuss the
8001 proposal at a preapplication meeting unless such
8002 requirement is waived by the city planner. This meeting Review and Comment by
8003 will provide the applicant an opportunity to meet with the the DRC
8004 city planner and other members of city staff who can
8005 provide initial feedback regarding applicable standards
8006 and requirements.
city planner Review and
8007 (B) Application Submittal Decision
8010 Requirements.
Type 2 Review
8011 (C) Review by the DRC Procedure
8012 (1) Upon submittal of a certified application (See

DRAFT 5-26-09
8013 Section 5.3.3(C), Application certification is required by the city planner), the city
8014 planner shall transmit copies of the application to members of the DRC for review
8015 and comment.
8016 (2) After the DRC meeting, the city planner shall provide the applicant with comments
8017 and suggested changes. The applicant shall be required to submit revised plans and
8018 documents incorporating the required changes.
8019 (D) Action by the City Planner
8020 (1) The city planner shall render a decision to approve or deny an application in a
8021 timely manner, as provided for in state law (See Minn. Stat. §15.99).
8022 (2) If approved, the city planner shall issue a zoning certificate or letter of approval
8023 depending on the specific application.
8024 (3) If denied, the city planner shall send a letter to the applicant listing the reasons for
8025 the denial.
8026 (4) The decision shall be final on the date it is mailed or otherwise provided to the
8027 applicant, whichever occurs first.
8028 (E) Appeal
8029 The decision by the city planner may be appealed to the ZBA within ten days from the
8030 date of the action appealed from in accordance with Section 5.5.17, Appeals.
8031 5.4.5 Type 3 Review Procedure (Planning Commission/HPC Decision)36
8032 Type 3 review procedure decisions are made by the planning commission at a public hearing
8033 with published and mailed notice as required in Section 5.3.8, Public Notice.
8034 (A) Preapplication Meeting
8035 The applicant shall be required to meet with the city planner prior to submitting an
8036 application to discuss the proposal at a preapplication meeting unless such requirement is
8037 waived by the city planner. This meeting will provide the applicant an opportunity to
8038 meet with the city planner and other members of city staff who can provide initial
8039 feedback regarding applicable standards and requirements.
8040 (B) Neighborhood Meeting
8041 At the discretion of the city planner, the applicant may be required to meet with property
8042 owners within 350 feet of the proposed property and/or any city recognized neighborhood
8043 associations prior to submitting their application in order to solicit input and exchange
8044 information about the proposed development. See Section 5.3.5, Neighborhood Meetings.
8045 (C) Informal Review by Planning Commission
8046 The applicant may request an informal meeting with the Planning Commission prior to
8047 submitting an application. The purpose of the work session is to provide feedback to the
8048 applicant regarding the proposal and to outline submittal requirements. At the applicant’s
8049 request, the City Planner will place the informal proposal on the work session agenda.
8050 (D) Application Submittal
8051 The applicant shall submit an application in accordance with Section 5.3, Common
8052 Development Review Requirements.
8053 (E) Review by the DRC
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.

DRAFT 5-26-09
8054 (1) At the city planner’s discretion, the application may be forwarded to the DRC for
8055 review after the city planner certifies the application is complete (See Section
8056 5.3.3(C), Application certification is required by the city planner).
8057 (2) If the DRC is asked to review an application, the Preapplication
8058 committee reviews the application and provides Meeting
8059 comments back to the city planner.
8060 (3) The city planner shall provide the applicant with
8061 comments and suggested changes. The applicant Neighborhood Meeting (if
8062 shall be required to submit revised plans and required)
8064 (F) Public Meeting and Notice by City Planner
8065 After determining that an application contains all the Informal Meeting with the
planning commission
8066 necessary and required information (See Section
(if requested)
8067 5.3.3(C), Application certification is required by the
8068 city planner), the city planner shall place the
8069 application on the planning commission agenda for the
8070 next available meeting and notify the public pursuant
8071 to Section 5.3.8, Public Notice. Submission of
Application
8072 (G) Preparation of Staff Report
8073 (1) The city planner shall prepare a staff report
8074 providing an analysis of the proposal and a Review and Comment by
8075 recommendation. The city planner shall consider the DRC
8076 comments from the DRC in formulating its
8077 recommendation.
8078 (2) A written staff report shall be forwarded to the Application
8079 planning commission and the contact person Certification
8080 listed on the application form at least three days
8081 prior to the meeting at which the board will
8082 consider the application.
8083 (H) Action by Planning Commission Public Notice and Staff
Report
8084 (1) The planning commission shall consider the
8085 application at its formal public meeting. It shall
8086 consider comments by staff as appropriate, a planning commission or
8087 presentation by the applicant, and comments by HPC Review and Decision
8088 interested parties.
8089 (2) The planning commission shall consider this
8090 information and render a decision at the public
8091 meeting. If necessary, the planning commission
8092 can table and continue the review of the Type 3 Review
8093 application in accordance with Minn. Stat. Procedure
8094 §15.99, at which time it shall render a decision.
8095 (3) In rendering a decision, the planning commission shall also consider the applicable
8096 decision criteria of this Code and shall approve, approve with conditions, or deny
8097 an application.
8098 (4) The planning commission’s decision shall take effect immediately.

DRAFT 5-26-09
8099 (I) Appeal

8100 The decision by the planning commission is appealable to the district court of the
8101 applicable county where the property is located within 30 days after receipt of notice of
8102 the decision.
8103 5.4.6 Type 4 Review Procedure (Planning Commission Recommendation and City Council
8104 Decision)
8105 Type 4 review procedure decisions are made by city council after a recommendation is made by
8106 the planning commission at a public hearing. Type 4 review procedure decisions require both
8107 published and mailed notice as required in Section 5.3.8, Public Notice.
8108 (A) Preapplication Meeting
8109 The applicant shall be required to meet with the city planner prior to submitting an
8110 application to discuss the proposal at a preapplication meeting unless such requirement is
8111 waived by the city planner. This meeting will provide the applicant an opportunity to
8112 meet with the city planner and other members of city staff who can provide initial
8113 feedback regarding applicable standards and requirements.
8114 (B) Neighborhood Meeting
8115 (1) Major subdivisions that will create 50 or more lots shall be required to facilitate a
8116 neighborhood meeting.
8117 (2) Zoning map amendments that encompass more than 100 acres shall be required to
8118 facilitate a neighborhood meeting.
8119 (3) At the discretion of the city planner, other applications for a Type 4 review
8120 procedure may be required to meet with property owners within 350 feet of the
8121 proposed property and/or any city recognized neighborhood associations prior to
8122 submitting their application in order to solicit input and exchange information
8123 about the proposed development.
8124 (4) See Section 5.3.5, Neighborhood Meetings.
8125 (C) Informal Review by Planning Commission
8126 The applicant may request an informal meeting with the planning commission prior to
8127 submitting an application. The purpose of the work session is to provide feedback to the
8128 applicant regarding the proposal and to outline submittal requirements. At the applicant’s
8129 request, the city planner will place the informal proposal on the work session agenda.
8130 (D) Application Submittal

DRAFT 5-26-09
8131 The applicant shall submit an application in accordance with Section 5.3, Common
8132 Development Review Requirements. Preapplication

8133 (E) Review by the DRC Meeting
8134 (1) At the city planner’s discretion, the

8135 application may be forwarded to the DRC
Neighborhood Meeting (if
8136 for review after the city planner certifies the
required)
8137 application is complete (See Section
8138 5.3.3(C), Application certification is required
8139 by the city planner).
Informal Meeting with the
8140 (2) If the DRC is asked to review an application, planning commission
8141 the committee shall review the application (if requested)
8142 and provide comments back to the city
8143 planner.
8144 (3) The city planner shall provide the applicant
8145 with comments and suggested changes. The Submission of
8146 applicant shall be required to submit revised Application
8147 plans and documents incorporating the
8148 required changes.
8149 (F) Public Hearing and Notice by City Planner Review and Comment by
the DRC
8150 After determining that an application contains all
8151 the necessary and required information (See
8152 Section 5.3.3(C), Application certification is
8153 required by the city planner), the city planner shall Application
8154 place the application on the planning commission Certification
8155 agenda, schedule a public hearing on the proposed
8156 request, and notify the public pursuant to Section
8157 5.3.8, Public Notice.
Public Notice and Staff
8158 (G) Preparation of Staff Report
Report
8159 (1) The city planner shall prepare a staff report
8160 providing an analysis of the proposal and a
8161 recommendation. The city planner shall Review and
8162 consider comments from the DRC in Recommendation by the
8163 formulating its recommendation. planning commission
8164 (2) A written staff report shall be forwarded to
8165 planning commission and the contact person
8166 listed on the application form at least three
8167 days prior to the meeting at which the board city council Review and
8168 will consider the application. Decision
8169 (H) Recommendation by Planning Commission
8170 (1) The planning commission shall consider the
8171 application at its formal public hearing. It Type 4 Review
8172 shall consider comments by staff as Procedure
8173 appropriate, a presentation by the applicant,
8174 and comments by interested parties.

DRAFT 5-26-09
8175 (2) The planning commission shall consider this information and make a
8176 recommendation at the public hearing. If necessary, the planning commission can
8177 table and continue hearing the application in accordance with Minn. Stat. §15.99, at
8178 which time it shall make a recommendation.
8179 (3) In making a recommendation, the planning commission shall also consider the
8180 applicable decision criteria of this Code and shall approve, approve with conditions
8181 (where allowed by law), or deny an application.
8182 (I) Action by City Council
8183 (1) After the planning commission’s recommendation is made, city council shall
8184 approve the request, deny the request, or approve with conditions (where allowed
8185 by law).
8186 (2) The city council may adopt by a two-thirds vote of all members of the city council
8187 amendments to this article, the zoning map, in relation both to land uses within a
8188 particular district or to the location of the district line.
8189 (3) The city council shall adopt findings and shall act upon the application in
8190 accordance with Minn. Stat. §15.99.
8191 (J) Expedited Review
8192 (1) Zoning map amendment applications that involve the rezoning of land to a floating
8193 zoning district may be reviewed in an expedited manner where the city council and
8194 planning commission hold a joint public meeting to review the application.
8195 (2) At such meeting, the planning commission shall
8196 hold its required public hearing followed by the Submission of
Application
8197 review and decision by city council.
8198 (K) Appeals
8199 The decision of city council may be appealed to the court
8200 having jurisdiction within the time limits established by Review and Comment by
the DRC
8201 state or federal law.
8202 5.4.7 Type 5 Review Procedure (Decision by City Council with No
8203 Review by Planning Commission) Application
8204 Type 5 review procedure decisions are made by the city council Certification
8205 at a meeting open to the public that requires published noticed
8206 but no mailed notice.
8207 (A) Application Submittal Public Notice and Staff
8208 For minor subdivision and major subdivision final plat Report
8209 review, the applicant shall submit an application in
8210 accordance with Section 5.3, Common Development
8211 Review Requirements. city council Review and
Decision
8212 (B) Review by the DRC
8213 (1) At the city planner’s discretion, the application may
8214 be forwarded to the DRC for review after the city
8215 planner certifies the application is complete (See Type 5 Review
Procedure
8216 Section 5.3.3(C), Application certification is
8217 required by the city planner).

DRAFT 5-26-09
8218 (2) If the DRC is asked to review an application, the committee shall review the
8219 application and provide comments back to the city planner.
8220 (3) The city planner shall provide the applicant with comments and suggested changes.
8221 The applicant shall be required to submit revised plans and documents
8222 incorporating the required changes.
8223 (C) Preparation of Staff Report
8224 (1) The city planner shall prepare a staff report providing an analysis of the proposal, a
8225 summary of the planning commission’s recommendation, and a recommendation
8226 from staff. The city planner shall consider comments from the DRC and planning
8227 commission in formulating its recommendation.
8228 (2) A written staff report shall be forwarded to city council, and the contact person
8229 listed on the application form, at least three days prior to the meeting at which the
8230 city council will consider the application.
8231 (D) Action by City Council
8232 (1) After the application is certified complete, city council shall approve the request,
8233 deny the request, or approve with conditions.
8234 (2) The city council shall adopt findings and shall act upon the application in
8235 accordance with Minn. Stat. §15.99.
8236 (E) Appeals
8237 The decision of city council may be appealed to the court

8238 having jurisdiction within the time limits established by Submission of
8239 state or federal law. Application
8240 5.4.8 Type 6 Review Procedure (Quasi-Judicial Decision by the
8241 ZBA)
8242 Type 6 review procedure decisions are made by the ZBA after Review and Comment by
8243 a public hearing. the DRC
8244 (A) Application Submittal

Application
Certification
8247 Requirements.
8248 (B) Review by the DRC
8249 (1) At the city planner’s discretion, the application Public Notice and Staff
8250 may be forwarded to the DRC for review after the Report
8251 city planner certifies the application is complete
8252 (See Section 5.3.3(C), Application certification is
8253 required by the city planner). ZBA Review and Decision
8254 (2) If the DRC is asked to review an application, the
8255 committee shall review the application and
8256 provide comments back to the city planner.
8257 (3) The city planner shall provide the applicant with Type 6 Review
Procedure
8258 comments and suggested changes. The applicant
8259 shall be required to submit revised plans and

DRAFT 5-26-09
8261 (C) Public Hearing and Notice by City Planner

8262 After determining that an application contains all the necessary and required information
8263 (See Section 5.3.8, Public Notice), the city planner shall place the application on the ZBA
8264 agenda, schedule a public hearing on the proposed request, and notify the public
8265 according to published and written mailed notice procedures..
8266 (D) Preparation of Staff Report
8267 (1) The city planner shall prepare a staff report providing an analysis of the proposal
8268 and a recommendation. The city planner shall consider comments from the DRC in
8269 formulating its recommendation.
8270 (2) A written staff report shall be forwarded to ZBA and the contact person listed on
8271 the application form, at least three days prior to the meeting at which the board will
8272 consider the application.
8273 (3) In the case of appeals, the city planner shall forward all records related to the
8274 appealed decision as part of a staff report and a summary of their findings in the
8275 making of the original decision that is being appealed.
8276 (E) Zoning Board of Appeals Hearing and Decision
8277 The ZBA shall review the application and decide that the request be granted as requested;
8278 be granted as modified by ZBA; or be denied. The ZBA shall indicate the specific
8279 reasons(s) for its decision.
8280 (F) Appeals
8281 All decisions by the ZBA from any administrative order, requirement, decision or
8282 determination shall be final, except that any aggrieved person or any department, board
8283 or commission of the city may have such decision reviewed in the applicable district
8284 court, subject to the provisions of Minn. Stat.§462.361.
8285 5.5 Specific Development Review Procedure Requirements

8286 5.5.1 Zoning Certificate
8288 No building or other structure shall be erected, constructed, re-constructed, enlarged,
8289 moved or structurally altered, nor shall any land be used, excavated, or improved until a
8290 zoning certificate is issued.
8291 (B) Approval Procedure
8292 The zoning certificate application may be subject to one of three review procedure types
8293 based on the size and scope of the project. The following are the established thresholds
8294 for review for each procedural type. The city planner shall have the authority to
8295 determine how the zoning certificate application shall be reviewed based on these
8296 thresholds.
8297 (1) Type 1 Review Procedure
8298 The following zoning certificate application types shall be subject to the Type 1
8299 review procedure as established in Section 5.4.3, Type 1 Review Procedure (City
8300 Planner Decision without DRC Review):
8301 (a) Accessory uses regulated by Section 2.10, Accessory Uses and Structures.
8302 (b) Changes of use within an existing structure where the use is substantially
8303 similar to the existing use or another permitted use under the existing zoning

DRAFT 5-26-09
8304 district classification as indicated on the official zoning map and where no
8305 expansion of the building is included in the application.
8306 (c) New single-family and two-family dwellings or additions and modifications
8307 of such uses.
8308 (d) Signs that are not located on a heritage preservation site.
8310 The following zoning certificate application types shall be subject to the Type 2
8311 review procedure as established in Section 5.4.4, Type 2 Review Procedure (City
8312 Planner Decision with DRC Review):
8313 (a) New multi-family dwellings with three units to seven units.
8314 (b) Any additions or modifications to multi-family dwellings of three units or
8315 more.
8316 (c) Additions to nonresidential structures of a total area less than 25 percent of
8317 the structure’s existing footprint or 5,000 square feet, whichever is less.
8319 (a) Applications for the following uses shall be subject to the Site Plan Review
8320 requirements of Section 5.5.6, Site Plan Review:
8321 (i) Multi-family buildings with eight or more units.
8322 (ii) Commercial office and all other nonresidential buildings and structures,
8323 including all public and institutional uses, and including all principal and
8324 accessory structures.
8325 (iii) Additions to nonresidential structures of a total area more than 25 percent of the
8326 structure’s existing footprint or 5,000 square feet, whichever is less.
8327 (iv) Parking structures and facilities and parking lots.
8328 (b) Applications for certificates of appropriateness shall be reviewed by the
8329 HPC through a Type 3 review procedure prior to review for a zoning
8330 certificate or site plan review.
8331 (4) Uses Not Classified
8332 The city planner shall have the authority to determine what review type shall be
8333 applied to a zoning certificate application for a use or structure not addressed in the
8334 above subsections. The decision of the city planner may be appealed to the ZBA in
8335 accordance with Section 5.5.17, Appeals.
8336 (C) Approval Criteria
8337 (1) Zoning certificate applications that are subject to the Type 3 review procedure as
8338 established above shall be subject to the review requirements and approval criteria
8339 of Section 5.5.6, Site Plan Review.
8340 (2) The following criteria shall be considered in the review of zoning certificate
8341 application subject to a Type 1 or Type 2 review procedure:
8342 (a) The application shall demonstrate full compliance with the applicable
8343 requirements of this Code;
8344 (b) That it provides safe conditions for pedestrians or motorists and prevents the
8345 dangerous arrangement of pedestrian and vehicular ways; and

DRAFT 5-26-09
8346 (c) That it provides safe ingress and egress for emergency services.
8347 (D) Effect of Zoning Certificate Approval
8348 The zoning certificate must be issued prior to city allowing a building permit to be issued.
8349 (E) Expiration
8350 (1) A zoning certificate shall become void after one year from the date of issuance
8351 unless construction has begun. If no construction has begun, or the use has changed
8352 within one year of the date of the zoning certificate, a new application and
8353 certificate shall be required. Construction is deemed to begin when all necessary
8354 excavation and piers or footings of one or more principal buildings included in the
8355 plan have been completed.
8356 (2) Extensions may be granted if a modified timeline is requested and approved as part
8357 of the development review.
8358 5.5.2 Temporary Use Permit
8360 A temporary use permit may be issued for the following reasons:
8361 (1) To allow a use for a brief period of time until a permanent location is obtained or
8362 while the permanent location is under construction.
8363 (2) To allow a use that is presently judged acceptable by the city council, but that with
8364 anticipated development or redevelopment, will not be acceptable in the future or
8365 will be replaced in the future by a permitted or conditional use allowed within the
8366 respective district.
8367 (3) To allow a use that is reflective of an anticipated long range change to an area and
8368 which is in compliance with the comprehensive plan provided that said use
8369 maintains harmony and compatibility with surrounding uses.
8371 Temporary use permits shall be subject to the Type 1 review procedure as established in
8372 Section 5.4.3, Type 1 Review Procedure (City Planner Decision without DRC Review).
8374 The following criteria shall be considered in the review of sign permit applications:
8375 (1) The use is allowed as a temporary use in the respective zoning district and complies
8376 will all of the applicable standards of Section 2.11, Temporary Uses and Structures.
8377 (2) The date or event that will terminate the use can be identified with certainty.
8378 (3) The use will not impose additional unreasonable costs on the public.
8379 (D) Termination
8380 A temporary use shall terminate on the happening of any of the following events,
8381 whichever occurs first:
8382 (1) The expiration date stated in the permit.
8383 (2) Upon violation of conditions under which the permit was issued.
8384 (3) Upon change in the city’s Land Development Code which renders the use
8385 nonconforming.
8386 (4) The redevelopment of the use and property upon which it is located to a permitted
8387 or conditional use as allowed within the respective zoning district.

DRAFT 5-26-09
8388 (5) Noncompliance with the removal of the temporary use would make the property
8389 owners subject to the penalties listed in Section 4.8, Enforcement and Penalties.
8390 5.5.3 Construction Drawings
8392 Construction drawings shall be required for all major subdivisions and for some zoning
8393 certificate procedures where the city engineer determines that certain stormwater
8394 improvements requires the submittal and approval of construction drawings.
8395 (B) Approval Procedure:
8396 Construction drawings shall be subject to the Type 1 review procedure as established in
8397 Section 5.4.3, Type 1 Review Procedure (City Planner Decision without DRC Review),
8398 with the exception that the city engineer will be responsible for review and a decision
8399 instead of the city planner.
8401 The City Engineer shall consider the following in the review of construction drawings:
8402 (1) That the proposed subdivision and related improvements are in full compliance
8403 with the provisions of this Code as it relates to infrastructure, stormwater
8404 management, transportation, and other infrastructure improvements; and
8405 (2) That the proposed improvements are in full compliance with the city’s plans,
8406 standards, and specifications of the city’s transportation plancomprehensive
8407 transportation plan update and other infrastructure standards adopted by the city,
8408 including, but not limited to the Comprehensive Sanitary Sewer Plan,
8409 Comprehensive Water Plan, and Surface Water Management Plan
8410 (D) Effect of the City Engineer’s Decision
8411 (1) No grading, construction, or other development activities shall take place on the
8412 site until the final plat and development agreement are approved by city council.
8413 (2) For stormwater improvements that are not part of a subdivision application and that
8414 require construction drawing approval, no grading, construction, or other
8415 development activities shall occur until the construction drawings are approved.
8416 (E) Expiration
8417 (1) Approved construction drawings shall become void after one year from the date of
8418 issuance unless construction has begun on the improvements. If no construction has
8419 begun, approval of a new set of construction drawings shall be required.
8420 (2) Extensions may be granted if a modified timeline is requested and approved by the
8421 city engineer.
8422 5.5.4 Flood Plain Permit
8424 (1) A flood plain permit shall be required prior to the issuance of any building permit
8425 and/or zoning certificate in the FP-O district or applicable flood plain/special flood
8426 hazard area as determined by the Federal Emergency Management Administration
8427 (FEMA).
8428 (2) A flood plain permit shall also be required in conjunction with any conditional use
8429 permit or variance in the FP-O district or applicable flood plain/special flood
8430 hazard area as determined by the Federal Emergency Management Administration
8431 (FEMA).

DRAFT 5-26-09

8433 Flood plain permits shall be subject to the Type 2 review procedure as established in
8434 Section 5.4.4, Type 2 Review Procedure (City Planner Decision with DRC Review).
8435 (1) Prior to granting a zoning certificate or processing an application for a conditional
8436 use permit or variance, the city planner shall determine that the applicant has
8437 obtained all necessary state and federal permits.
8438 (2) It shall be unlawful to use, occupy, or permit the use or occupancy of any building
8439 or premises or part thereof hereafter created, erected, changed, converted, altered,
8440 or enlarged in its use or structure until a zoning certificate is issued by the city
8441 planner stating that the use of the building or land conforms to the requirements of
8442 this section.
8443 (3) Zoning certificates, building permits, conditional use permits issued on the basis of
8444 approved plans and applications authorize only the use, arrangement, and
8445 construction set forth in such approved plans and applications, and no other use,
8446 arrangement, or construction. Any use, arrangement, or construction at variance
8447 with that authorized shall be deemed a violation of this section, and punishable as
8448 provided by Section 4.8, Enforcement and Penalties.
8449 (4) The applicant shall be required to submit certification by a registered professional
8450 engineer, registered architect, or registered land surveyor that the finished fill and
8451 building elevations were accomplished in compliance with the provisions of this
8452 section. Flood proofing measures shall be certified by a registered professional
8453 engineer or registered architect.
8454 (5) The city planner shall maintain a record of the elevation of the lowest floor
8455 (including basement) of all new structures and alterations or additions to existing
8456 structures in the flood plain. The city planner shall also maintain a record of the
8457 elevation to which structures or alterations and additions to structures are flood
8458 proofed.
8459 (6) The city planner shall notify, in watercourse alteration situations, adjacent
8460 communities and the commissioner of the Department of Natural Resources prior
8461 to the city authorizing any alteration or relocation of a watercourse. If the applicant
8462 has applied for a permit to work in the beds of public waters pursuant to Minn.
8463 Stat., Chapter 103G, this shall suffice as adequate notice to the commissioner of
8464 natural resources. A copy of said notification shall also be submitted to the Chicago
8465 Regional Office of the Federal Emergency Management Agency (FEMA).
8466 (7) As soon as is practicable, but not later than six months after the date such
8467 supporting information becomes available, the city planner shall notify the Chicago
8468 Regional Office of FEMA of the changes by submitting a copy of said technical or
8469 scientific data.
8470 (C) Variances of Flood Requirements
8471 Variances of the standards of this section may be heard by the ZBA but no variance shall
8472 have the effect of permitting a lower degree of flood protection than the regulatory flood
8473 protection elevation for the particular area, or permit standards lower than those required
8474 by state law. The following additional variance criteria of the federal emergency
8475 management agency must be satisfied:
8476 (1) Variances shall not be issued by the city within any designated regulatory floodway
8477 if any increase in flood levels during the base flood discharge would result.

DRAFT 5-26-09
8478 (2) Variances shall only be issued by the city upon:

8479 (a) A showing of good and sufficient cause;
8480 (b) A determination that failure to grant the variance would result in exceptional
8481 hardship to the applicant; and
8482 (c) A determination that the granting of a variance will not result in increased
8483 flood heights, additional threats to public safety, extraordinary public
8484 expense, create nuisances, cause fraud on or victimization of the public, or
8485 conflict with existing local laws or ordinances.
8486 (3) Variances shall only be issued upon a determination that the variance is the
8487 minimum necessary, considering the flood hazard, to afford relief.
8488 (4) The city planner shall notify the applicant for a variance that:
8489 (a) The issuance of a variance to construct a structure below the base flood level
8490 will result in increased premium rates for flood insurance up to amounts as
8491 high as $25.00 for $100.00 of insurance coverage; and 37
8492 (b) Such construction below the 100-year or regional flood level increases risks
8493 to life and property. Such notification shall be maintained with a record of
8494 all variance actions. The city shall maintain a record of all variance actions,
8495 including justification for their issuance, and report such variances issued in
8496 its annual or biennial report submitted to the administrator of the National
8498 (D) Conditional Uses
8499 (1) The planning commission shall hear and decide applications for conditional uses
8500 permissible under this section. Applications shall be submitted to the city planner
8501 who shall forward the application to the planning commission for consideration
8502 pursuant to the conditional use permit review procedure established in Section
8503 5.5.9, Conditional Use Permit.
8504 (2) In granting a conditional use permit the planning commission may prescribe
8505 appropriate conditions and safeguards, in addition to those specified in Section 2.9,
8506 Use-Specific Standards that are in conformity with the purposes of this section.
8507 Violations of such conditions and safeguards, when made a part of the terms under
8508 which the conditional use permit is granted, shall be deemed a violation of this
8509 section, punishable under Section 4.8, Enforcement and Penalties.
8510 (3) A copy of all decisions granting conditional use permits shall be forwarded by mail
8511 to the commissioner of natural resources within ten days of such action.
8512 (4) Procedures to be followed by the city in passing on conditional use permit
8513 applications within all flood plain districts:
8514 (a) Require the applicant to furnish the following information and additional
8515 information as deemed necessary for determining the suitability of the
8516 particular site for the proposed use:
8517 (i) Plans in triplicate drawn to scale showing the nature, location, dimensions, and
8518 elevation of the lot, existing or proposed structures, fill, storage of materials,
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.

DRAFT 5-26-09
8519 flood proofing measures, and the relationship of the above to the location of the
8520 stream channel; and
8521 (ii) Specifications for building construction and materials, flood proofing, filling,
8522 dredging, grading, channel improvement, storage of materials, water supply and
8523 sanitary facilities.
8524 (b) Transmit one copy of the information described in Subsection 5.5.4(D)(4)(a)
8525 to a designated engineer or other expert person or agency for technical
8526 assistance, where necessary, in evaluating the proposed project in relation to
8527 flood heights and velocities, the seriousness of flood damage to the use, the
8528 adequacy of the plans for protection, and other technical matters.
8529 (c) Based upon the technical evaluation of the designated engineer or expert, the
8530 city shall determine the specific flood hazard at the site and evaluate the
8531 suitability of the proposed use in relation to the flood hazard.
8532 (5) In passing upon conditional use permit applications, the Planning Commission
8533 shall consider all relevant factors specified in other subsections of this section, the
8534 standards of Section 2.5.1, New Floodplain Overlay District (FP-O), and:
8535 (a) The danger to life and property due to increased flood heights or velocities
8536 caused by encroachments.
8537 (b) The danger that materials may be swept onto other lands or downstream to
8538 the injury of others or they may block bridges, culverts or other hydraulic
8539 structures.
8540 (c) The proposed water supply and sanitation systems and the ability of these
8541 systems to prevent disease, contamination, and unsanitary conditions.
8542 (d) The susceptibility of the proposed facility and its contents to flood damage
8543 and the effect of such damage on the individual owner.
8544 (e) The importance of the services provided by the proposed facility to the city.
8545 (f) The requirements of the facility for a waterfront location.
8546 (g) The availability of alternative locations not subject to flooding for the
8547 proposed use.
8548 (h) The compatibility of the proposed use with existing development and
8549 development anticipated in the foreseeable future.
8550 (i) The relationship of the proposed use to the comprehensive plan and flood
8551 plain management program for the area.
8552 (j) The expected heights, velocity, duration, rate of rise, and sediment transport
8553 of the floodwaters expected at the site.
8554 (k) Such other factors that are relevant to the purposes of this Code.
8555 (6) Upon consideration of the factors listed above and the purpose of this section, the
8556 planning commission shall attach such conditions to the granting of conditional use
8557 permits as it deems necessary to fulfill the purposes of this section. Such conditions
8558 may include, but are not limited to, the following:
8559 (a) Modification of waste treatment and water supply facilities.
8560 (b) Limitations on period of use, occupancy, and operation.
8561 (c) Imposition of operational controls, sureties, and deed restrictions.

DRAFT 5-26-09
8562 (d) Requirements for construction of channel modifications, compensatory

8563 storage, dikes, levees, and other protective measures.
8564 (e) Flood proofing measures, in accordance with the State Building Code and
8565 this section. The applicant shall submit a plan or document certified by a
8566 registered professional engineer or architect that the flood proofing measures
8567 are consistent with the regulatory flood protection elevation and associated
8568 flood factors for the particular area.
8569 5.5.5 Amendments to the PD-O District
8571 After the effective date of this Code, no new PUD districts may be approved. For PUDs
8572 that existed prior to the effective date of this Code, the approve PUD plans and
8573 restrictions shall continue to apply. The purpose of this development procedure is to
8574 identify the process an applicant may use to modify any previously approved PUD.
8575 (B) Classification of Amendments
8576 The city planner shall have the authority to classify proposed amendments based on the
8577 following thresholds.
8578 (1) Minor Amendments
8579 Minor amendments shall be restricted to those changes that do not:
8580 (a) Increase or decrease the density or intensity by more than five percent of the
8581 approved density or number of units (residential uses) or building square
8582 footage (nonresidential uses);
8583 (b) Change the use; or
8584 (c) Create changes that will create an increased impact for on- or off-site
8585 improvements as determined after DRC review.
8586 (2) Major Amendments
8587 Major amendments shall be all proposed amendments that are not classified as a
8588 minor amendment above.
8589 (C) Approval Procedure
8590 (1) Minor amendments shall be subject to the Type 2 review procedure as established
8591 in Section 5.4.4, Type 2 Review Procedure (City Planner Decision with DRC
8592 Review).
8593 (2) Major amendments shall not be approved as part of this Code. Where a major
8594 amendment is requested, the applicant shall comply with the applicable underlying
8595 base zoning district or apply for a zoning map amendment (See Section 5.5.14,
8596 Text and Zoning Map Amendments) to a different base zoning district.
8597 (D) Approval Criteria
8598 The following criteria shall be considered in the review of minor PUD amendments:
8599 (1) The amendment is clearly minor as established in this section;
8600 (2) The amendment is necessary due to engineering, safety, or some circumstance
8601 unforeseen at the time of the original approval; and
8602 (3) The amendment is consistent with the overall purpose of this Code.

DRAFT 5-26-09
8603 5.5.6 Site Plan Review

8605 Planning commission approval of a site plan is required prior to construction for uses as
8606 defined in Section 5.5.1(B)(3), Type 3 Review Procedure.
8608 Site plan review shall be subject to the Type 3 review procedure as established in Section
8609 5.4.5, Type 3 Review Procedure (Planning Commission/HPC Decision).
8611 The following standards shall be considered in the review of site plan review
8612 applications:
8613 (1) That it fully complies with all applicable requirements of this Code;
8614 (2) That it adequately protects other property located on the same property from the
8615 potential adverse effects of a non-residential use;
8616 (3) That it is consistent with the use and character of surrounding properties;
8617 (4) That it provides safe conditions for pedestrians or motorists and prevents the
8618 dangerous arrangement of pedestrian and vehicular ways; and
8619 (5) That it provides safe ingress and egress for emergency services
8620 (6) That it complies city’s plans, standards, and specifications of the city’s
8621 transportation plancomprehensive transportation plan update and other
8622 infrastructure standards adopted by the city, including, but not limited to the list of
8623 plans in Section 5.2.5.
8624 (D) Amendments to Approved Site Plans
8625 (1) After a site plan has been approved, and in the course of carrying out this plan,
8626 adjustments or rearrangements of buildings may be requested by the applicants. If
8627 the amendment involves changes to 25 percent or less of the original floor area, not
8628 to exceed 5,000 square feet, the City Planner may approval the amendment after a
8629 Type 1 review procedure (See Section 5.4.3, Type 1 Review Procedure (City
8630 Planner Decision without DRC Review). Such amendment shall be in full
8631 compliance with the requirements of this Code.
8632 (2) The City Planner may also review and approve adjustments or rearrangements of
8633 items other than buildings, such as drives, parking areas, recreation areas,
8634 entrances, heights, yards, signage, landscaping, outdoor lighting, or similar
8635 modifications subject to a Type 2 review procedure (See Section 5.4.4, Type 2
8636 Review Procedure (City Planner Decision with DRC Review). Such amendment
8637 shall be in full compliance with the requirements of this Code.
8638 (3) All amendments not described above shall be subject to a Type 3 review procedure
8639 as established in Section 5.4.5, Type 3 Review Procedure (Planning
8640 Commission/HPC Decision). Such amendment shall meet the approval criteria
8641 established in Section, 5.5.6(C)Approval Criteria above.
8642 5.5.7 Heritage Preservation Site Designation
8644 (1) The city may, from time to time, determine that certain places, buildings,
8645 structures, properties, or district areas or properties within the community are of

DRAFT 5-26-09
8646 significance in American history, architecture, archeology, engineering, and culture

8647 and those locations should be subject to additional review as it relates to this Code.
8648 (2) An application for heritage preservation site designation may be initiated by the
8649 property owner, HPC, planning commission, or city council.
8651 Heritage preservation site designation shall be subject to the Type 4 review procedure
8652 (See Section 5.4.6, Type 4 Review Procedure (Planning Commission Recommendation
8653 and City Council Decision) as modified herein.
8654 (1) Reports
8655 The city council may direct the city planner or other city staff to prepare studies
8656 which catalog buildings, land, areas, districts, or other objects to be considered for
8657 designation as a heritage preservation site prior to review as part of the Type 5
8658 review procedure.
8659 (2) Review and Recommendation by the HPC
8660 (a) The HPC shall act in place of the planning commission in the Type 4 review
8661 procedure.
8662 (b) The HPC shall review the application for designation in accordance with the
8663 Type 4 review procedure as set forth in Section 5.4.6, Type 4 Review
8664 Procedure (Planning Commission Recommendation and City Council
8665 Decision) and shall make a recommendation to city council.
8666 (c) In addition to the approval criteria set forth in Section 5.5.7(C)Approval
8667 Criteria, the HPC may also refer to the applicable Secretary of the Interior
8668 standards, and current procedure as recommended by the state historic
8669 preservation office when determining if a site should qualify as a heritage
8670 preservation site.
8671 (3) Communication with State Historical Society
8672 (a) Prior to designating a proposed heritage preservation site, the HPC shall
8673 forward information concerning the proposed designation to the state
8674 historical society for comment within 60 days.
8675 (b) The recommendation of the HPC and decision of city council shall be sent to
8676 the state historical society in accordance with applicable state statutes.
8677 (4) Review and Decision by City Council
8678 (a) City council shall review and make a decision on a heritage preservation site
8679 application in accordance with Section 5.4.7, Type 5 Review Procedure
8680 (Decision by City Council with No Review by Planning Commission).
8681 (b) Prior to making a decision, the city council may request a review and
8682 recommendation by the planning commission for the designation's
8683 conformance with the comprehensive plan.
8684 (c) Notice of the required public hearing shall be published in the official
8685 newspaper at least ten days prior to the date of the hearing and mailed notice
8686 sent to the owner of property which is proposed to be designated a heritage
8687 preservation site and to all owners of property lying within 350 feet of a
8688 proposed heritage preservation site.

DRAFT 5-26-09
8689 (d) City council shall adopt findings in support of any decision to designate a
8690 heritage preservation site.
8691 (e) The decision of city council shall be made in the form of a resolution.
8693 The following criteria shall be considered in the review of applications for heritage
8694 preservation site designation:
8695 (1) The quality of significance in American history, architecture, archeology,
8696 engineering, and culture is present in districts, sites, buildings, structures, and
8697 objects that possess integrity of location, design, setting, materials, workmanship,
8698 feeling, and association; and
8699 (2) That are associated with events that have made a significant contribution to the
8700 broad patterns of our history; or
8701 (3) That are associated with the lives of persons significant in our past; or
8702 (4) That embody the distinctive characteristics of a type, period, or method of
8703 construction, or that represent the work of a master, or that possess high artistic
8704 values, or that represent a significant and distinguishable entity whose components
8705 may lack individual distinction; or
8706 (5) That have yielded, or may be likely to yield, information important in prehistory or
8707 history; or
8708 (6) That have a unique location or singular physical characteristics representing
8709 established and familiar aspects of a view, vista, site, area or district in the city.
8710 (D) Acquisition of Property
8711 The HPC may recommend to the city council that certain property eligible for
8712 designation as a heritage preservation site be acquired by gift, by negotiation, or other
8713 legal means as provided in applicable state statutes.
8714 5.5.8 Certificate of Appropriateness
8716 Unless otherwise exempted in Section 4.8.3, Exemptions, no zoning certificate or
8717 building permit for construction, alteration or rehabilitation, moving, or demolition of a
8718 building or structure shall be issued by the until the project has been submitted to, and
8719 received approval of a certificate of appropriateness from the HPC.
8720 (B) Exemption
8721 Building permits for work (electrical, interior structural, etc.) on the interior of the
8722 structure shall be exempt from the provisions of this section provided that the work for
8723 which the building permit is requested will not alter the external appearance or the gross
8724 floor area of the structure.
8726 Certificates of appropriateness shall be subject to the Type 3 review procedure as
8727 established in Section 5.4.5, Type 3 Review Procedure (Planning Commission/HPC
8728 Decision), except that the HPC shall be responsible for review instead of the planning
8729 commission.

DRAFT 5-26-09

8731 The HPC shall consider the following in evaluating an application for a certificate of
8732 appropriateness for a zoning certificate and/or building permit:
8733 (1) That it fully complies with all applicable requirements of this Code;
8734 (2) That the proposed action is in harmony with the intent of the DH-O district;
8735 (3) That the proposed action would complement other structures within the DH-O
8736 district; and
8737 (4) In the case of removal or demolition, that the structure could not be rehabilitated
8738 and used for a conforming purpose with reasonable efforts or whether the structure
8739 is without substantial historic or architectural significance.
8740 (E) Alternative Equivalent Compliance
8741 (1) Purpose
8742 Alternative equivalent compliance is a procedure that allows development to occur
8743 where the intent of the design-related provisions of Article 3: Development
8744 Standards are met through an alternative design. It is not a general waiver or
8745 weakening of regulations. Rather, the procedure permits a site-specific plan that is
8746 equal to or better than the strict application of a design standard. It is not intended
8747 as a substitute for a variance or as a vehicle for relief from standards in this Code.
8748 (2) Applicability
8749 The alternative equivalent compliance procedure shall be available only for the
8750 following sections of Article 3: Development Standards:
8751 (a) Section 3.8, Off-Street Parking, Loading, and Mobility;
8752 (b) Section 3.6, Landscape, Screening, and Buffering Standards; and
8753 (c) Section 3.3.3, Outdoor Lighting Standards; 38
8754 (3) Preapplication Conference Required
8755 (a) An applicant proposing to use alternative equivalent compliance shall
8756 request and attend a preapplication conference with the city planner prior to
8757 submitting an application for a certificate of appropriateness.
8758 (b) The applicant shall meet with the city planner to discuss the proposed
8759 alternative design and to allow the planning department to provide a
8760 preliminary response to the proposed design.
8761 (4) Decision on the Alternative Equivalent Compliance39
8762 Final approval of any alternative equivalent compliance proposed under this section
8763 shall be the responsibility of the HPC as part of the review and decision on a
8764 certificate of appropriateness.
38
This is just an example of some of the standards where the alternative equivalent compliance could be applied.
The city can add or remove various standards where they want to allow some flexibility.
39
This internal procedure only applies to applications for a certificate of appropriateness and allows an applicant to
provide an alternative to meeting a specified development standard that, the HPC can approve if the proposed
alternative meets or exceeds the intent of the original standard. For example, if screening is required for loading
areas and the applicant can demonstrate a better alternative that what is required by this Code, then HPC can
approve such alternative.

DRAFT 5-26-09
8765 (5) Approval Criteria

8766 The HPC shall consider the following in evaluating an application that includes a
8767 proposed alternative equivalent compliance:
8768 (a) The proposed alternative achieves the intent of the subject design standard to
8769 the same or better degree than the subject standard.
8770 (b) The proposed alternative achieves the goals and intent of this Code and the
8771 land use plan to the same or better degree than the subject standard.
8772 (c) The proposed alternative results in benefits to the community that are
8773 equivalent to or better than compliance with the subject design standard.
8774 (6) Effect of Approval
8775 Alternative equivalent compliance shall apply only to the specific site for which it
8776 is requested and does not establish a precedent for assured approval of other
8777 requests.
8778 (7) Appeals
8779 Appeals of the HPC’s decision may be made to the ZBA in accordance with this
8780 Code and state law.
8781 5.5.9 Conditional Use Permit
8783 Conditional uses are those uses that because of special requirements or characteristics
8784 may be allowed in a particular zoning district only after review and approval by the
8785 planning commission.
8787 Conditional use permits shall be subject to the Type 3 review procedure as established in
8788 Section 5.5.1(B)(3), Type 3 Review Procedure.
8789 (C) Conditional Use Standards
8790 Some conditional uses may be subject to use-specific regulations as established in Article
8791 2: Zoning Districts and Use Regulations.
8793 (1) In the approval of a conditional use permit, the planning commission may impose
8794 such conditions as necessary to make the use compatible with other uses permitted
8795 in the same district zone or vicinity.
8796 (2) The following standards shall be considered in the review of conditional use permit
8797 applications:
8798 (a) The proposed use is allowed as a conditional use in the district for which it is
8799 proposed as shown in Table 2.7-1;
8800 (b) The conditional use will be in accordance with the general objectives, or
8801 with any specific objective, of the city’s comprehensive plan and this Code;
8802 (c) The conditional use will be designed, constructed, operated, and maintained
8803 so as to be harmonious and appropriate in appearance with the existing or
8804 intended character of the general vicinity and that such use will not change
8805 the essential character of the same area;

DRAFT 5-26-09
8806 (d) The conditional use will not be hazardous or reasonably disturbing to
8807 existing or future neighboring uses;
8808 (e) The conditional use will be served adequately by essential public facilities
8809 and services such as, streets, police and fire protection, drainage structures,
8810 refuse disposal, water and sewer, and schools;
8811 (f) The conditional use will not create excessive additional requirements at
8812 public cost for public facilities and services and will not be detrimental to the
8813 economic welfare of the community including detrimental impacts to the
8814 business areas of the city;
8815 (g) The conditional use will not involve uses, activities, processes, materials,
8816 equipment and conditions or operations that will be detrimental to any
8817 persons, property, or the general welfare by reason of excessive production
8818 of traffic, noise, smoke, fumes, glare, or odors;
8819 (h) The conditional use will not result in the destruction, loss or damage of a
8820 natural, scenic, or historic feature of major importance as may be established
8821 in the comprehensive plan or other city plans related to natural, scenic, or
8822 historic features.
8823 (i) The traffic generated by the use will not lower the Levels of Services of
8824 intersections within a quarter of a mile of the site.
8825 (j) In residential districts, the use is of a similar height, building orientation,
8826 massing, setback, and scale as to be compatible with surrounding uses (See
8827 Section 3.5, Neighborhood Compatibility Standards as a guide.).
8828 (k) Impacts such as noise, hours of activity, and outdoor lighting have been
8829 sufficiently addressed as to mitigate negative impacts on nearby uses.
8830 (3) Conditional uses in the FP-O district are also subject to the conditional use
8831 regulations of Section 3.12.10 (D), Conditional Uses
8832 (4) Conditional uses in the WS-O district are also subject to the conditional use
8833 regulations of Section 3.13.9, Conditional Use Permits.
8834 (E) Amendments to an Approved Conditional Use Permit
8835 Approved conditional use permits may only be amended upon the classification and
8836 review of the proposed amendment as follows:
8837 (1) Minor Amendments
8838 (a) Minor amendments shall include limited changes in the site design of the
8839 applicable property that does not affect neighborhood compatibility or the
8840 public health, safety or welfare, and that does not violate any of the
8841 provisions of this Code or the conditions attached to the conditional use
8842 permit if such changes are required by engineering or other circumstances
8843 not foreseen at the time the conditional use permit was granted.
8844 (b) The city planner may review and make a decision on a minor amendment as
8845 part of a Type 1 review procedure as set forth in Section 5.4.3, Type 1
8846 Review Procedure (City Planner Decision without DRC Review).
8847 (c) At their discretion, the city planner may determine that a proposed minor
8848 amendment qualifies as a major amendment, requiring approval in
8849 accordance with Subsection (2) below.

DRAFT 5-26-09
8850 (2) Major Amendments

8851 (a) Major amendments shall include all changes that are not classified as a
8852 minor amendment above.
8853 (b) Major amendments may only be considered after a new conditional use
8854 permit application has been submitted in accordance with this section.
8855 (F) Effect of Planning Commission Decision
8856 (1) A conditional use certificate shall authorize a particular conditional use on a
8857 specific parcel for which it was approved. A change of use from one permitted
8858 conditional use to another shall require a new application and approval pursuant to
8859 this section.
8860 (2) The conditional use permit is non-assignable and shall expire one year from the
8861 date of approval unless the applicant has applied for and received a building permit.
8862 (3) An approved conditional use may continue in operation, regardless of ownership or
8863 ownership changes, provided the use meets all the standards and conditions of
8864 approval.
8865 (4) Authorizes construction according to the approved construction drawings approved
8866 pursuant to Section 5.5.3, Construction Drawings.
8867 (5) Uses and structures that are accessory to a permitted conditional use shall be
8868 allowed in accordance with Section 2.10, Accessory Uses and Structures, without
8869 requiring a conditional use permit amendment, unless specifically required as a
8870 condition of the conditional use permit approval.
8871 5.5.10 Administrative Lot Line Adjustment
8872 (A) Purpose
8873 The purpose of the procedure is to allow for the conveyance of small areas of land from
8874 one lot to an adjacent lot without creating any new nonconformities and where such
8875 minor changes do not call for the submission and approval of a minor or major
8876 subdivision plat.
8877 (B) Applicability
8878 (1) An administrative lot line adjustment is a situation when a portion of a platted lot
8879 will be conveyed to an adjacent lot, thus modifying the lot lines that separate the
8880 two properties.
8881 (2) This procedure shall only be utilized when compliance with the minor subdivision
8882 or major subdivision procedures would create an unnecessary hardship.
8884 Administrative lot line adjustments shall be subject to the Type 1 review procedure as
8885 established in Section 5.4.3, Type 1 Review Procedure (City Planner Decision without
8886 DRC Review).
8888 The following criteria shall be considered in the review of administrative lot line
8889 adjustments:
8890 (1) The lot line adjustment will not create any new nonconformities beyond those that
8891 exist prior to the application and which will not be corrected by the adjustment; and
8892 (2) The lot line adjustment is in compliance with the requirements of this Code.

DRAFT 5-26-09
8893 5.5.11 Minor Subdivision or Lot Consolidation

8895 A minor subdivision is a lot split, lot division, or lot consolidation that meets the
8896 following requirements:
8897 (1) The subdivision or consolidation shall not result in or create more than three
8898 parcels, including the remainder of the original parcel;
8899 (2) The subdivision or consolidation does not require a plat or replat;
8900 (3) All parcels resulting from the minor subdivision or lot consolidation shall have
8901 frontage and access on an existing improved street and shall not require the
8902 construction of any new street; and
8903 (4) Any such subdivision or consolidation shall not require any public improvements
8904 or the dedication of rights-of-way.
8905 (5) This procedure may also be used with the consolidation of two lots provided the
8906 new lot meets the site development standards of the applicable zoning district.
8908 (1) Minor subdivisions and lot consolidations shall be subject to the Type 2 review
8909 procedure as established in Section 5.4.7, Type 5 Review Procedure (Decision by
8910 City Council with No Review by Planning Commission).
8911 (2) In addition to the review procedure set forth above, all minor subdivision or lot
8912 consolidation applications shall be submitted to the state and county highway
8913 departments (if adjacent to a state or county highway) prior to submission of an
8914 application. A comment letter from these entities shall be required as part of the
8915 application.
8917 The following criteria shall be considered in the review of minor subdivisions and lot
8918 consolidations:
8919 (1) The subdivision or consolidation is in general compliance with the comprehensive
8920 plan.
8921 (2) The subdivision or consolidation meets the purpose and intent of this Code.
8922 (3) Unless prior or concurrent approval of a variance is granted, any such minor
8923 subdivision or consolidation shall result in lots that meet the minimum dimensional
8924 requirements for the zoning district in which the property is located, or shall not
8925 further increase the nonconformity of any lot dimension.
8926 (4) Unless prior or concurrent approval of a variance is granted, any such minor
8927 subdivision or consolidation shall not cause any structure on the property to be
8928 made nonconforming or to be in violation of this Code or any other provisions of
8929 the city code.
8930 (5) The resulting parcels shall generally conform with the shape, character, and area of
8931 existing or anticipated land subdivisions in the surrounding areas.
8932 (6) Any such subdivision or lot consolidation shall not result in legal descriptions that
8933 are unduly complex.
8934 (7) The subdivider shall provide easements as may be required by this Code.

DRAFT 5-26-09
8935 (8) The subdivider shall comply with the park dedication, tree preservation, and
8936 wetland buffer regulations, as required for a major subdivision.
8937 5.5.12 Major Subdivision
8939 Subdivision applications that do not meet the definition of a minor subdivision (See
8940 Section 5.5.11, Minor Subdivision or Lot Consolidation), shall be subject to review as a
8941 major subdivision. The review of major subdivisions is divided into three distinct steps:
8942 preliminary plat approval, construction drawing approval, and final plat approval.
8943 (B) Preliminary Plat
8944 (1) Approval Procedure
8945 (a) Preliminary plats shall be subject to the Type 4 review procedure as
8946 established in Section 5.4.6, Type 4 Review Procedure (Planning
8947 Commission Recommendation and City Council Decision).
8948 (b) In addition to the review procedure set forth above, all major subdivision
8949 preliminary plat applications, shall be submitted to the park and recreation
8950 advisory board and the state and county highway departments (if adjacent to
8951 a state or county highway) prior to submission of an application. A comment
8952 letter from these entities shall be required as part of the preliminary plat
8953 submission.
8955 The planning commission and city council shall consider the following in the
8956 review of a preliminary plat:
8957 (a) That the proposed subdivision is in full compliance with the provisions of
8958 this Code;
8959 (b) The proposed subdivision is in accordance with the general objectives, or
8960 with any specific objective, of the city’s comprehensive plan, capital
8961 improvements program, or other city policy or regulation;
8962 (c) That the physical characteristics of the site, including but not limited to
8963 topography, vegetation, susceptibility to erosion and sedimentation,
8964 susceptibility to flooding, water storage, and retention, are such that the site
8965 is suitable for the type of development or use contemplated;
8966 (d) That the site is physically suitable for the intensity or type of development or
8967 use contemplated;
8968 (e) That the design of the subdivision or the proposed improvements is not
8969 likely to cause substantial and irreversible environmental damage;
8970 (f) That the design of the subdivision or the type of improvements will not be
8971 detrimental to the health, safety, or general welfare of the public; and
8972 (g) That the design of the subdivision or the type of improvement will not
8973 conflict with easements on record or with easements established by
8974 judgment of a court.

DRAFT 5-26-09
8975 (3) Effect of City Council’s Decision

8976 (a) No grading, construction, or other development activities shall take place on
8977 the site until the final plat and development agreement are approved by city
8978 council.
8979 (b) For one year following preliminary plat approval, unless the subdivider and
8980 city agree otherwise, no amendment to the comprehensive plan or other
8981 official controls shall apply to or affect the use, development density, lot
8982 size, or lot layout that was approved.
8983 (4) Expiration of Preliminary Plat Approval
8984 (a) Unless the city council specifically approves a different time period as part
8985 of the preliminary plat approval, the approval of a preliminary plat shall
8986 expire one year from the date it was approved, unless the applicant has filed
8987 a complete application for approval of a final plat; or
8988 (b) The applicant may request an extension of the expiration date if they submit
8989 a written request for an extension thereof to the city planner. Such request
8990 for an extension shall include the following:
8991 (i) An explanation for why a final plat has not been applied for;
8992 (ii) What, if any, good faith efforts have been made to complete the platting
8993 process; and
8994 (iii) The anticipated completion date. The city planner may approve up to two
8995 such extensions of not more than one additional year per extension.
8996 (5) Appeals
8997 Appeals of a decision made by the city council shall be made to the court having
8998 jurisdiction.
8999 (C) Construction Drawing Approval
9000 Construction drawings shall be submitted and approved as established in Section 5.5.3,
9001 Construction Drawings, at the time of the final plat submission.
9002 (D) Final Plat
9003 (1) Approval Procedure
9004 (a) Final plats shall be subject to the Type 5 review procedure as established in
9005 Section 5.4.7, Type 5 Review Procedure (Decision by City Council with No
9006 Review by Planning Commission).
9007 (b) Approval of a final plat and any related development agreement shall require
9008 passage by a majority vote of the city council. The city council may require
9009 such revisions in the final plat as it deems necessary for the health, safety,
9010 general welfare and convenience of the city.
9011 (c) If a final plat is denied by the city council, the reasons for such action shall
9012 be recorded in the Council proceedings and transmitted to the applicant.
9014 The city council shall consider the following in the review of a final plat:
9015 (a) Construction drawings have been reviewed and approved by the city
9016 engineer;

DRAFT 5-26-09
9017 (b) A development agreement has been prepared and submitted as part of the
9018 final plat application;
9019 (c) The final plat is in substantial compliance with the approved preliminary plat
9020 and any conditions on the preliminary plat approval; and
9021 (d) The final plat complies with all other applicable standards in this Code and
9022 state law.
9023 (3) Appeals
9024 Appeals of a decision made by the city council shall be made to the court having
9025 jurisdiction.
9026 (4) Recording of the Final Plat
9027 If the final plat is approved and signed by the mayor and city clerk, the subdivider
9028 shall record the final plat with the appropriate county recorder. No changes,
9029 erasures, modifications or revisions shall be made in any final plat after approval
9030 has been given by the city council and endorsed by the mayor and city clerk in
9031 writing on the plat.
9032 (5) Expiration of Final Plat Approval
9033 (a) Unless the city council specifically approves a different time period, the
9034 approval of a final plat shall expire one year from the date it was approved,
9035 unless the applicant has recorded the final plat with the appropriate county;
9036 or, unless before expiration of the one year period, the applicant submits a
9037 written request for an extension thereof. Such request for an extension shall
9038 include the following:
9039 (i) An explanation for why a final plat has not been filed;
9040 (ii) What, if any, good faith efforts have been made to complete the platting
9041 process; and
9042 (iii) The anticipated completion date.
9043 (b) The city council may approve one such extension for a term not to exceed
9044 one additional year.
9045 5.5.13 Comprehensive Plan Amendment
9047 (1) This section outlines the procedural requirements for the amendment of the
9049 (2) An amendment of the text of this Code or the official zoning may be initiated by
9050 the planning commission or city council or proposed by the city planner.
9051 (3) A resident of Northfield or property owner of land within the city may submit a
9052 request to amend the comprehensive plan as follows:
9053 (a) The request to amend the comprehensive plan shall be submitted to the city
9054 planner who will place it on the next agenda of the planning commission.
9055 (b) The planning commission will consider the request, based on the criteria in
9056 Section 5.5.13(C), Approval Criteria and make one of the following
9057 decisions:
9058 (i) To initiate the requested comprehensive plan amendment;

DRAFT 5-26-09
9059 (ii) To initiate a modified comprehensive plan amendment; or

9060 (iii) To not initiate a comprehensive plan amendment.
9061 (c) The planning commission’s decision on whether to initiate a request for a
9062 comprehensive amendment shall be made prior to the approval procedure
9063 established in this section.
9065 Amendments to the comprehensive plan shall be subject to the Type 4 review procedure
9066 as established in Section 5.4.6, Type 4 Review Procedure (Planning Commission
9067 Recommendation and City Council Decision).
9069 The planning commission and city council should review the necessary submittal
9070 requirements, facts, and circumstances of the proposed amendment and make a
9071 recommendation and decision on the application based on, but not limited to,
9072 consideration of the following criteria:
9073 (1) Whether the proposed amendment corrects an error or meets the challenge of some
9074 changing condition, trend, or fact since the adoption of the comprehensive plan;
9075 (2) Whether the proposed amendment is consistent with the policy foundation of the
9076 comprehensive plan;
9077 (3) Whether and the extent to which the proposed comprehensive plan amendment
9078 addresses a demonstrated community need;
9079 (4) Whether the proposed amendment will protect the health, safety, morals, and
9080 general welfare of the public;
9081 (5) Whether the proposed amendment will result in significant mitigation of adverse
9082 impacts on the natural environment, including air, water, noise, stormwater
9083 management, wildlife habitat, water quality, and vegetation;
9084 (6) Whether the proposed comprehensive plan amendment is compatible with existing
9085 and proposed plan context zones as established in the plan, or the proposed
9086 amendment will maintain or improve compatibility among context zones and will
9087 ensure efficient development within the city; and
9088 (7) Whether the proposed comprehensive plan amendment will result in a logical and
9089 orderly development pattern.
9090 5.5.14 Text and Zoning Map Amendments
9092 (1) This section outlines the procedural requirements for the amendment of the text of
9093 this Code and the official zoning map.
9094 (2) An amendment of the text of this Code or the official zoning may be initiated by
9095 the planning commission or city council, proposed by the city planner, or initiated
9096 by the property owner or authorized agent of property for which the amendment is
9097 sought.
9099 Amendments to text of this Code or official zoning map shall be subject to the Type 4
9100 review procedure as established in Section 5.4.6, Type 4 Review Procedure (Planning
9101 Commission Recommendation and City Council Decision).

DRAFT 5-26-09

9107 (1) The proposed action has been considered in relation to the specific policies, goals,
9108 objectives, and recommendations of the comprehensive plan and other city plans,
9109 including public facilities and the capital improvement plans.
9110 (2) The proposed action meets the purpose and intent of this Code, or in the case of a
9111 map amendment, it meets the purpose and intent of the individual district.
9112 (3) There is adequate infrastructure available to serve the proposed action.
9113 (4) There is an adequate buffer or transition provided between potentially incompatible
9114 districts.
9115 5.5.15 Annexation
9117 (1) This section outlines the procedural requirements for the review of annexation
9118 requests submitted by property owners.
9119 (2) This section does not preclude the city from annexing land by any other method
9120 available under Minnesota State Law and for reasons other than the specified
9121 request, nor shall it be construed to require the city to annex any land at any time.
9122 (3) Unless there are compelling reasons otherwise, the applicant shall submit plans and
9123 applicable studies for all components of the proposed annexation.
9125 Annexations shall be subject to the Type 4 review procedure as established in Section
9126 5.4.6, Type 4 Review Procedure (Planning Commission Recommendation and City
9127 Council Decision).
9133 (1) Annexations should support the city’s policies, goals, and objectives as outlined in
9134 the comprehensive plan including the Conservation and Development Map;
9135 (2) The city should avoid the approval of annexation applications that would result in
9136 the creation of isolated pieces or peninsulas of unincorporated areas. However,
9137 annexation of unincorporated islands is encouraged and may benefit the city;
9138 (3) Annexation should encourage an efficient development pattern and the creation of
9139 uniform city boundaries along with compatible land uses;
9140 (4) Annexations should diversify and strengthen the tax base of the community and
9141 encourage the development of local employment opportunities.
9142 (5) The annexation should provide the city with fiscal benefits and an increased quality
9143 of life for residents;

DRAFT 5-26-09
9144 (6) The annexation will result in development that connects with existing
9145 infrastructure, including utilities and transportation, in a fiscally responsible
9146 manner;
9147 (7) The annexation would positively affect the desired residential/nonresidential
9148 balance of the city; and
9149 (8) The proposed annexation generally complies with this Code.
9150 (D) Effects of City Council’s Decision
9151 (1) If, after receiving comments from the planning commission and reviewing the
9152 application for annexation, the city council does not approve the proposed
9153 annexation, written notice of the decision shall be sent to the applicant stating the
9154 reasons for disapproval.
9155 (2) If the city council approves annexation of all or part of the land requested to be
9156 annexed and the applicant wishes to proceed with the annexation as approved, the
9157 city council shall direct the staff to negotiate and draft a joint resolution for orderly
9158 annexation with the appropriate township board.40 Joint resolutions for orderly
9159 annexation approved under this article shall be subject to statutory and other
9160 negotiated conditions applicable to such annexation. Such conditions may include,
9161 but are not limited to, timetables for annexation of all or portions of the area
9162 covered by the joint resolution and mechanisms for initiating or triggering
9163 annexation of particular lands under the joint resolution.
9164 (3) The joint resolution for orderly annexation shall be presented to the city council
9165 and the appropriate township board for approval. Failure of the city council and the
9166 township board to reach agreement on a joint resolution for orderly annexation
9167 shall terminate the orderly annexation process.
9168 (4) If the joint resolution for orderly annexation is approved by the city council,
9169 appropriate township board, and the Minnesota Office of Administrative Hearings,
9170 Municipal Boundary Adjustments, the applicant may pursue development of the
9171 land under the terms of the orderly annexation agreement, consistent with the
9172 annexation application as approved and other applicable development regulations.
9173 5.5.16 Variance41
9175 (1) A variance is a request to deviate from the height, mass, setback, parking, or other
9176 dimensional requirements established by this Code where practical difficulties
9177 unique to the property in question prevent full compliance with such provisions.
9178 (2) Pursuant to Minnesota Statutes, use variances are prohibited.
9180 Variances shall be subject to the Type 6 review procedure as established in Section 5.4.8,
9181 Type 6 Review Procedure (Quasi-Judicial Decision by the ZBA).
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?

DRAFT 5-26-09

9183 (1) The following factors shall be considered and weighed by ZBA in determining
9184 practical difficulty or hardship.
9185 (a) Whether special conditions and circumstances exist which are peculiar to the
9186 land or structure involved and which are not applicable generally to other
9187 lands or structures in the same zoning districts. Examples of such special
9188 conditions or circumstances are: exceptional irregularity, narrowness,
9189 shallowness, or steepness of the lot, or adjacency to nonconforming and
9190 inharmonious uses, structures, or conditions;
9191 (b) Whether the property in question will yield a reasonable return or whether
9192 there can be any beneficial use of the property without the variance;
9193 (c) Whether the variance is substantial and is the minimum necessary to make
9194 possible the reasonable use of the land or structures;
9195 (d) Whether the essential character of the neighborhood would be substantially
9196 altered or whether adjoining properties would suffer substantial detriment as
9197 a result of the variance;
9198 (e) Whether the variance would adversely affect the delivery of governmental
9199 services such as water, sewer, and trash pickup;
9200 (f) Whether special conditions or circumstances exist as a result of actions of
9201 the current or a previous owner;
9202 (g) Whether the property owner’s predicament feasibly can be resolved through
9203 some method other than a variance;
9204 (h) Whether the spirit and intent behind the zoning requirement would be
9205 observed and substantial justice done by granting a variance; and/or
9206 (i) Whether the granting of the variance requested will confer on the applicant
9207 any special privilege that is denied by this regulation to other lands,
9208 structures, or buildings in the same district.
9209 (2) Variances in the FP-O district are also subject to the variance regulations of Section
9210 3.12.10 (C), Variances .
9211 5.5.17 Appeals
9213 This section sets out the procedure to follow when a person claims to have been
9214 aggrieved or affected by an administrative decision of the city planner, city staff
9215 responsible for the administration and enforcement of this Code, or an administrative
9216 decision made by the planning commission or the HPC.42
9218 Appeals shall be subject to the Type 6 review procedure as established in Section 5.4.8,
9219 Type 6 Review Procedure (Quasi-Judicial Decision by the ZBA).
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.

DRAFT 5-26-09

9221 An order, decision, determination, or interpretation shall not be reversed or modified
9222 unless there is competent, material, and substantial evidence in the record that the order,
9223 decision, determination, or interpretation fails to comply with either the procedural or
9224 substantive requirements of this Code, state law, or federal law.
9225 (D) Provisions Specific to Appeals
9226 (1) A majority vote of all voting members of the ZBA shall be required to overturn a
9227 decision.
9228 (2) The ZBA shall make its determination concerning any matter within 30 days of
9229 complete submission of the matter to the ZBA.
9230 (3) A copy of the decision of the Board shall be sent by mail to the applicant seeking
9231 the appeal.
9232 (4) All decisions of the ZBA shall be final, except that any aggrieved person or any
9233 department, board or commission of the city shall have the right to appeal within
9234 30 days after receipt of notice of the decision to the district court in the county in
9235 which the subject property is located on questions of law and fact.
9236 5.5.18 Code Interpretation
9238 Some terms or phrases within this Code may have two or more reasonable meanings.
9239 This section provides a process for resolving differences in the interpretation of the text
9240 of this Code where other provisions (e.g., Section 1.6, Relationship to Existing
9241 Ordinances) do not provide resolution.
9242 (B) Code Interpretation Procedure
9243 (1) Requests
9244 A request for a code interpretation shall be made in writing to the city planner.
9245 (2) Decision to Issue Interpretation
9246 The city planner shall have the authority to interpret the code or refer the request to
9247 the ZBA for its interpretation. The city planner shall advise the person making the
9248 inquiry in writing as soon as practicable. Within 14 days after the request is made,
9249 the city planner will advise, in writing, the person making the inquiry to inform the
9250 applicant of the city planner’s decision on the interpretation or the decision to
9251 forward the interpretation request to the ZBA for review.
9252 (3) Written Interpretation
9253 If the city decides to issue an interpretation, it shall be issued in writing and shall
9254 be mailed or delivered to the person requesting the interpretation and any other
9255 person who specifically requests a copy. The written interpretation shall be issued
9256 within 14 days of the request. The decision shall become effective ten working
9257 days later.
9258 (4) Procedure
9259 (a) Initial code interpretations shall be subject to the Type 1 review procedure as
9260 established in Section 5.4.3, Type 1 Review Procedure (City Planner
9261 Decision without DRC Review).

DRAFT 5-26-09
9262 (b) If the city planner decides to forward the request to the ZBA for
9263 interpretation, such review shall be subject to a Type 6 review procedure as
9264 established in Section 5.4.8, Type 6 Review Procedure (Quasi-Judicial
9265 Decision by the ZBA).
9266 (5) Appeals
9267 (a) The applicant and any party who received notice or who participated in the
9268 proceedings through the submission of written or oral evidence may appeal
9269 the decision of the city planner to the ZBA citing the procedure outlined in
9270 Section 5.5.17, Appeals. The appeal must be filed within ten working days
9271 after the interpretation was mailed or delivered to the applicant.
9272 (b) Appeals of an interpretation rendered by the ZBA shall be appealable to the
9273 court having jurisdiction.
9274 (C) Interpretations on File
9275 The city shall keep on file a record of all code interpretations.
9276

DRAFT 5-26-09
Article 6: DEFINITIONS
9277 Article 6: Definitions

9278 6.1 Rules of Construction and Interpretation
9279 6.1.1 Intent
9280 All provisions, terms, phrases, and expressions contained in this Code shall be construed
9281 according to this Code’s stated purpose and intent.
9282 6.1.2 Lists and Examples
9283 Unless otherwise specifically indicated, lists of items or examples that use terms such as
9284 including, such as, or similar language are intended to provide examples, and not to be
9285 exhaustive lists of all possibilities.
9286 6.1.3 Computation of Time
9287 Unless the terms of a specific provision state otherwise (e.g., some provisions specify “business
9288 days”), periods of time defined by a number of days shall mean a number of consecutive
9289 calendar days, including all weekend days, holidays, and other non-business/working days;
9290 however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.
9291 6.1.4 References to Other Regulations, Publications, and Documents
9292 Whenever reference is made to an ordinance, resolution, statute, regulation, or document, that
9293 reference shall be construed as referring to the most recent edition of such regulation (as
9294 amended), resolution, statute, or document or to the relevant successor document, unless
9295 otherwise expressly stated.
9296 6.1.5 Public Officials and Agencies
9297 All public officials, bodies, and agencies to which references are made are those of the City of
9298 Northfield, unless otherwise expressly stated.
9299 6.1.6 Delegation of Authority
9300 Whenever a provision appears requiring the head of a department or another officer or
9301 employee of the city to perform an act or duty, that provision shall be construed as authorizing
9302 the department head or officer to delegate the responsibility to subordinates, unless the terms of
9303 the provision specify otherwise.
9304 6.1.7 Technical Words
9305 Technical words and phrases not otherwise defined in this Code that may have acquired a
9306 peculiar and appropriate meaning in law shall be construed and understood according to such
9307 meaning.
9308 6.1.8 Mandatory and Discretionary Terms
9309 The word “shall” is always mandatory, and the words “may” or “should” are always
9310 permissive.
9311 6.1.9 Conjunctions
9312 Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
9313 (A) “And” indicates that all connected items, conditions, provisions, or events shall apply;
9314 and

DRAFT 5-26-09
9315 (B) “Or” indicates that one or more of the connected items, conditions, provisions, or events
9316 shall apply.
9317 6.1.10 Tense and Usage
9318 Words used in one tense (past, present, or future) include all other tenses, unless the context
9319 clearly indicates the contrary. The singular shall include the plural, and the plural shall include
9320 the singular.
9321 6.1.11 Gender
9322 The masculine shall include the feminine, and vice versa.
9323 6.1.12 Meaning
9324 For the purpose of this Code, words and phrases shall have the meanings set forth in this article,
9325 or, for use categories and use types, as specified in Section 2.8, Use Definitions.
9326 6.1.13 Other Terms Not Defined
9327 Words and phrases not otherwise defined in this Code shall be construed according to the
9328 common and approved usage of American English.
9329 6.2 Definitions

9330
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.

DRAFT 5-26-09
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.

DRAFT 5-26-09
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 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 this Code.
Clearcutting
The entire removal of a stand of vegetation.
Clinic
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.

DRAFT 5-26-09
Commissioner of Natural Resources

The Minnesota Department of Natural Resources Commissioner.
Comprehensive Plan
The Comprehensive Plan of Northfield, Minnesota adopted on November 17, 2008.
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. Formatted: Highlight
DNR
The Minnesota Department of Natural Resources

DRAFT 5-26-09
DNR Commissioner
The Minnesota Department of Natural Resources Commissioner.
Drainage Course
A watercourse or indenture for the drainage of surface water.
Drip Line
The circle which would exist if you drew a line below the tips of the outer most branches of a tree or
plant.
Driveway
A private way, other than a street or alley, that provides access to one lot of record for the use of vehicles
and pedestrians.
Dwelling
A building or portion thereof designed or used for residential occupancy, but not including hotels, motels,
bed and breakfasts, or dormitories.
Dwelling Unit
A single unit of one or more rooms providing complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping, eating, cooking, and sanitation but not
including a tent, cabin, hotel, motel, recreational vehicle, or other temporary or transient structure or
facility.
Easement
A grant by an owner of land for a specific use by a person other than the owner. An easement may be
granted for the purpose of contributing and maintaining walkways, roadways, utilities, and other uses.
Encroachment
The advancement of a structure or part of a structure beyond the permitted property line setback
established by the zoning district.
Equipment Shelter
An enclosed structure, cabinet, shed or box at the base of the mount, or close to the base of the mount,
where batteries, electrical equipment and other appurtenant nonhazardous components or materials may
be housed.
Evergreen Tree
A tree that remains green throughout the year with an expected height of at least 40 feet.
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.

DRAFT 5-26-09
Federal Aviation Administration (FAA)

The governmental agency responsible for regulating airways in the United States
Federal Communications Commission (FCC)

The government agency responsible for regulating telecommunications in the United States.
Federal Emergency Management Agency (FEMA)

The government agency responsible for regulating flood plain regulations 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.

DRAFT 5-26-09
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
seven and one half 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 seven and one half feet;
 Interior balconies and mezzanines; and
 Enclosed porches, but not terraces, breezeways, and screened porches.
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.
Fresnel Zone (WET)

An area within the pattern of electromagnetic radiation that is created by a transmitting station from its
antenna to receiving antennas.
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.

DRAFT 5-26-09
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.
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.

DRAFT 5-26-09
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 Heritage Preservation Commission.
Hub (WET)
The center of the rotor that is part of a WET, to which the blades are attached.
Hub Height (WET)

The height as measured from the base of the tower to the center of the hub.
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.
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 3.3.3, Outdoor Lighting Standards.
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 3.3.3, Outdoor Lighting Standards.

DRAFT 5-26-09
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.
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.

DRAFT 5-26-09
Lot, Corner
A lot abutting upon two 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.
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 Minn. Stat. §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.

DRAFT 5-26-09
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 Description

A method of property description by means of the direction and distance from an identifiable point of
beginning.
Minnesota Department of Transportation (MnDOT)

The agency that regulates state roadways in the state of Minnesota.
Mobile Home
See definition of “Manufactured Home.”
Modular Home
A structure not built on-site, but which is placed on a permanent foundation and meets the state building Formatted
code standards.
Monopole
A wireless communication facility which consists of a monopolar structure, erected on the ground to
support wireless communication antennas and connecting appurtenances.
Nacelle (WET)
The frame and housing at the top of the tower which protects the gear box and generator from weather
and helps control the mechanical noise level.
Native Prairie
Land as mapped or defined by the Minnesota Department of Natural Resource.
Noncommercial Message
A message on the sign that is not classified as a commercial message.
Nonconformity
Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time
of enactment of this ordinance or its amendments, which do not conform to the regulations of the
applicable zoning district, and are therefore incompatible.
Obstruction
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change
the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

DRAFT 5-26-09
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.
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.

DRAFT 5-26-09
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 Minn. Stat. §1036.005.
Ramp
A structure attached to a principal building that is constructed at a slope that meets the requirements of the
applicable building code that provides access to a building.
Reach
A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment of a stream or river between two
consecutive bridge crossings would most typically constitute a reach.
Recreational Vehicle
A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest
horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is
designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. For the purposes of this division, the term recreational vehicle shall be
synonymous with the term travel trailer/travel vehicle.

DRAFT 5-26-09
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.
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.

DRAFT 5-26-09
Shadow/Flicker
Shadows cast from WETs which generally occur in close proximity to the WET, although this will vary
depending on the time of year, latitude and turbine height. Flicker effects can occur when the sun shines
through the rotor blades at certain times of day and results in the temporary blocking of the suns rays with
each pass of a rotor blade.
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 Formatted: Indent: Left: 0.06", Hanging:
0.31", Tab stops: Not at 1.38" + 1.55"
 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.

DRAFT 5-26-09
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
(Needs definition) Formatted
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.

DRAFT 5-26-09
Sign, Temporary
A banner, pennant, poster, or advertising display constructed of cloth, canvas, plastic sheet, cardboard,
wallboard, inflatable device, or other like materials that identify symbols or messages related to the use or
event, and intended to be displayed for a limited period of time.
Sign, Wall
A sign affixed directly to, painted on, or otherwise inscribed on an exterior wall and confined within the
limits thereof of any building.
Sign, Window
A sign that is applied or attached to the interior of a window or located in such manner within the building
that it can readily be seen from the exterior of the building through a window.
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.
Specified anatomical areas

 Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female
breast below a point immediately above the top of the areola; and
 Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
 Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation,
bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context of a sexual relationship, and
any of the following sexually oriented acts of conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
 Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
 Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
 Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
 Situations involving persons, any of whom are nude, clad in undergarments or in sexually revealing
costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or
other physical restraint of any such persons;
 Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human
being; or
 Human excretion, urination, menstruation, vaginal or anal irrigation.
Stacking Lane
A waiting area for motorists who remain in their vehicles awaiting service at a drive-through
establishment.

DRAFT 5-26-09
Story
That portion of a building included between the upper surface of any floor and the upper surface of the
floor next above, except that the topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a
basement, cellar or unused underfloor space is more than six feet above grade as defined in this section
for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this
section at any point, such basement, cellar or unused abovefloor space shall be considered as a story.
Street
A public right-of-way which affords primary means of access to abutting property, and also includes an
avenue, highway, road, or way, or however otherwise designated. Streets are further classified by
functional classification and street type as defined in Section 3.11.3, Streets.
Street Width
The width of the street surface measured at right angles from face of curb to face of curb.
Street, Primary
Street, principal arterial, means a street which is the major interconnection within a community
transportation system providing major access routes within the community and its environs.
Street, Private
A street serving as vehicular access to one or more parcels of land and which is not dedicated to the
public but is owned and serviced by one or more private parties.
Street, Side
Shall mean the secondary (by volume and/or size) street at intersections.
Structural Alteration
Any change, other than incidental repairs, which would prolong or modify the life of the supporting
members of a building, such as bearing walls, columns, beams, girders or foundations.
Structure
Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but
not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational
vehicles not meeting the exemption criteria specified in Section 34-889(c)(1) of this division and other
similar items.
Structure, Nonconforming
Any structure lawfully existing on the effective date of this Code, or any amendment to it rendering such
structure nonconforming, which does not comply with all of the standards and regulations of this Code or
any amendment thereto.
Structure, Principal
The principal building on a parcel of land.
Subdivider
Any person commencing proceedings under this article to effect a subdivision of land under this Code for
himself/herself or for another.

DRAFT 5-26-09
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 Formatted: Indent: Left: 0.06", Hanging:
in width for residential uses and five acres or larger in size for commercial and industrial uses. 0.31", Tab stops: Not at 1.38" + 1.55"
 Creating cemetery lots.

 Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.
Substantial Damage
Damage of any origin sustained by a structure where the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
Substantial Improvement
Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance
and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "substantial damage," regardless of the
actual repair work performed. The term does not, however, include either:
 Any project for improvement of a structure to correct existing violations of state or local health, Formatted: Indent: Left: 0.06", Hanging:
sanitary, or safety code specifications which have been identified by the local code enforcement 0.31", Tab stops: Not at 1.38" + 1.55"
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, or 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.
Total Height (WET)

The combined height as measured from the natural grade at the base of the tower to the tip of the rotor
blade when extended vertically 90° from the horizontal plane of the ground.
Tower
A structure supporting WET generators and associated equipment, including but not limited to
monopoles, guyed towers, and lattice towers.

DRAFT 5-26-09
Tower Height
The height as measured from the base of the tower at the foundation to the top of the monopole tower.
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
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, Monopole
The type of tower that is self-supporting with a single shaft of wood, steel, fiberglass, or concrete, on
which the nacelle and blades are located.
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). Formatted: Highlight
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.

DRAFT 5-26-09
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, transformers, transmission wires, buildings, monopoles or other
support structures, constructed, installed or operated, or to be constructed, installed or operated. As
required by Minnesota Rules Chapter 7836, only WET with a combined nameplate capacity of under five
megawatts are regulated by this ordinance.
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.
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.

DRAFT 5-26-09
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.

DRAFT 5-26-09
Article 7: APPENDIX A
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Article 8: INDEX
Formatted: Font: Not Bold
Article 8: INDEX
A F
Accessory Uses and Structures, 50, 59, 60, 84, 190, 231 Fees, 171, 215, 216
Administrative Lot Line Adjustment, 185, 222, 245 Flood Regulations, 189, 194, 195, 196, 197, 202, 234, 262
Adult Uses, 29, 38
Alleys, 90, 104, 179, 180, 181, 257
Annexation, 202, 222, 251, 252
H
Appeals, 6, 149, 208, 209, 222, 223, 224, 226, 228, 229, Height, 58, 60, 86, 87, 90, 93, 96, 99, 114, 118, 124, 138,
230, 231, 243, 248, 249, 254, 255, 258, 277 139, 259, 272, 275, 276
Arterial Roads, 175, 181, 182 Heritage Preservation, 7, 8, 18, 19, 141, 201, 264
Historic Preservation Committee (HPC), 15, 19, 92, 139,
B 209, 210, 211, 212, 222, 224, 231, 238, 239, 240, 241,
242, 243, 254, 259, 264, 280
Bicycle Parking, 149, 151 Home Business, 62, 66
C I
Certificate of Appropriateness, 19, 222, 241, 259 Interpretations, 6, 188, 211, 222, 254, 255, 256
City Council, 3, 5, 6, 18, 39, 145, 163, 169, 176, 184, 185,
186, 206, 208, 209, 210, 212, 213, 214, 215, 216, 218,
219, 220, 222, 226, 228, 229, 232, 233, 239, 240, 241,
L
246, 247, 248, 249, 250, 251, 252, 259, 260, 262, 280, Landscaping, 14, 24, 32, 42, 55, 116, 117, 119, 120, 121,
281 123, 125, 130, 131, 135, 265
City Engineer, 15, 47, 83, 88, 95, 96, 119, 123, 152, 155, Lighting, 14, 44, 98, 99, 101, 116, 143, 162, 242, 265, 268
158, 159, 160, 163, 164, 166, 167, 168, 169, 170, 171, Loading, 161
178, 179, 182, 184, 186, 187, 212, 222, 233, 234, 249,
259
City Planner, 14, 15, 19, 22, 41, 50, 59, 61, 65, 66, 72, 74,
M
80, 81, 82, 84, 86, 88, 91, 95, 96, 97, 107, 112, 120, 121, Manufactured Homes, 7, 8, 10, 17, 23, 28, 43, 44, 149,
122, 130, 131, 134, 135, 136, 139, 142, 144, 145, 146, 194, 196, 267
147, 149, 153, 154, 156, 157, 158, 159, 160, 161, 163, Map and Text Amendments, 222, 238, 250, 277
173, 188, 194, 195, 198, 199, 200, 202, 203, 206, 207,
211, 212, 213, 215, 216, 217, 218, 219, 221, 222, 223,
224, 225, 226, 227, 229, 230, 231, 232, 233, 234, 235, N
236, 237, 238, 239, 242, 244, 245, 248, 249, 250, 254, Noise, 41, 56, 102
255, 259, 263 Nonconformities, 17, 77, 78, 79, 201
Collector Roads, 175, 178, 181
Conditional Use, 21, 189, 243, 244
Conditional Use Permit, 243 O
Construction Drawings, 222, 233, 245, 248 Outdoor Storage, Display, and Sales, 98, 115, 129
D P
Development Review Committee (DRC), 15, 151, 160, 211, Parking, 154, 156
212, 222, 223, 224, 225, 227, 229, 230, 231, 232, 233, Parking and Loading, 14, 24, 31, 32, 40, 41, 44, 49, 55, 63,
234, 238, 239, 244, 245, 255, 280, 281 65, 67, 72, 74, 97, 100, 116, 117, 123, 124, 125, 126,
Drive‐Through Establishments, 24, 32, 41 128, 129, 146, 147, 148, 149, 151, 152, 153, 154, 155,
156, 157, 158, 160, 161, 162, 163, 181, 231, 242, 265,
E 268, 269
Plan Commission, 41
Enforcement and Penalties, 3, 198, 200, 202, 211, 212, Planning Commission, 15, 22, 48, 61, 66, 69, 70, 71, 90,
213, 233, 234, 236 107, 112, 195, 200, 201, 208, 209, 210, 211, 212, 214,
Environmental Review, 218

DRAFT 5-26-09
Article 8: INDEX
215, 217, 219, 221, 222, 224, 225, 226, 227, 228, 229, Temporary Uses and Structures, 71, 72, 74, 98, 222, 232,
236, 237, 238, 239, 240, 241, 243, 245, 246, 247, 248, 233, 276
249, 250, 251, 252, 254, 269, 280 Type 1 Procedure, 244
Private Streets, 90, 104, 179 Type 4 Procedure, 226, 239
Type 5 Procedure, 239
S
V
Shoreland, 6, 7, 8, 17, 271
Sidewalks and Paths, 44, 136, 159, 164, 166, 172, 179, 181, Variance, 75, 172, 199, 206, 222, 235, 253, 277
271, 273
Site Development Standards, 9, 10, 11, 12, 13, 15, 20, 86,
89, 91, 93, 94, 175, 203
W
Site Plan, 15, 115, 209, 222, 231, 232, 238, 239 Wind Energy Turbines, 62, 69, 70, 87, 265, 267, 273, 277
Street Trees, 160, 167
Subdivision, 11, 28, 163, 164, 165, 166, 172, 173, 195, 196,
222, 245, 247, 275
Z
Zoning Board of Appeals (ZBA), 6, 149, 188, 199, 209, 210,
T 211, 212, 217, 222, 223, 224, 229, 230, 231, 235, 243,
253, 254, 255, 277
Temporary Use Permit, 98, 222, 232

DRAFT 5-26-09

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City of Northfield, Minnesota Land Development Code i

City of Northfield, Minnesota Land Development Code ii

84 1.1 Purpose of the Land Development Code (LDC)

City of Northfield, Minnesota Land Development Code 1

117 1.2 Title

120 1.3 Code Authority

126 1.4 Code Jurisdiction

129 1.5 Repeal of Existing Ordinances

132 1.6 Relationship to Existing Ordinances

140 1.7 Relationship to Third-Party Private Agreements

City of Northfield, Minnesota Land Development Code 2

148 1.8 Relationship to Comprehensive Plan

156 1.9 Conformance to this Code

161 1.10 Transitional Rules

City of Northfield, Minnesota Land Development Code 3

192 1.11 Ordinance Severability

198 1.12 Use of Tables, Graphics, Illustrations, Figures, and Cross-

City of Northfield, Minnesota Land Development Code 4

210 Article 2: Zoning Districts and Use

226 2.1 Official Zoning Map

City of Northfield, Minnesota Land Development Code 5

249 2.1.4 Interpretation of Zoning District Boundaries

285 2.2 Establishment of Zoning Districts

City of Northfield, Minnesota Land Development Code 6

Table 2.2-1: Zoning Districts

City of Northfield, Minnesota Land Development Code 7

306 2.2.3 References to Previous Zoning Districts

City of Northfield, Minnesota Land Development Code 8

313 2.3 Base Zoning Districts

City of Northfield, Minnesota Land Development Code 9

353 (D) Other Development Standards

City of Northfield, Minnesota Land Development Code 10

Table 2.3-1: Mixture of Dwelling Unit Types

Percentage of Minimum Lots Required to

City of Northfield, Minnesota Land Development Code 11

City of Northfield, Minnesota Land Development Code 12

474 2.4 Special Base Zoning Districts

City of Northfield, Minnesota Land Development Code 13

City of Northfield, Minnesota Land Development Code 14

585 2.5 Overlay Zoning Districts

City of Northfield, Minnesota Land Development Code 15

City of Northfield, Minnesota Land Development Code 16

City of Northfield, Minnesota Land Development Code 17

692 (D) Permitted Uses

City of Northfield, Minnesota Land Development Code 18

764 2.6 Floating Zoning Districts

City of Northfield, Minnesota Land Development Code 19

776 (B) Development Standards

805 2.7 Principally Permitted Uses

City of Northfield, Minnesota Land Development Code 20

City of Northfield, Minnesota Land Development Code 21

862 (5) Use-Specific Standards

Agricultural Use Category

City of Northfield, Minnesota Land Development Code 22

Table 2.7-1: Permitted Principal Uses

Office Use Category

City of Northfield, Minnesota Land Development Code 23

Table 2.7-1: Permitted Principal Uses

Automobile or truck repair, including

City of Northfield, Minnesota Land Development Code 24

Table 2.7-1: Permitted Principal Uses

874 2.8 Use Definitions

City of Northfield, Minnesota Land Development Code 25