2.71 Northfield, Minnesota Land Development Code
Board and Commission Review Draft
January 13, 2011
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
Table of Contents Article 1: General Provisions ........................................................................................................................ 1 1.1 Purpose of the Land Development Code (LDC) ...................................................................................1 1.2 Title .......................................................................................................................................................2 1.3 Code Authority .....................................................................................................................................2 1.4 Code Jurisdiction ..................................................................................................................................2 1.5 Repeal of Existing Ordinances..............................................................................................................2 1.6 Relationship to Existing Ordinances .....................................................................................................2 1.7 Relationship to Third-Party Private Agreements ..................................................................................2 1.8 Relationship to Comprehensive Plan ....................................................................................................3 1.9 Conformance to this Land Development Code .....................................................................................3 1.10 Transitional Rules .................................................................................................................................3 1.11 Ordinance Severability..........................................................................................................................4 1.12 Use of Tables, Graphics, Illustrations, Figures, and Cross-References ................................................4 Article 2: Zoning Districts and Use Regulations .......................................................................................... 5 2.1 Official Zoning Map .............................................................................................................................5 2.2 Establishment of Zoning Districts.........................................................................................................6 2.3 Base Zoning Districts ............................................................................................................................9 2.4 Special Base Zoning Districts .............................................................................................................16 2.5 2Overlay Zoning Districts.....................................................................................................................19 2.6 Floating Zoning Districts ....................................................................................................................23 2.7 Permitted Principal Uses .....................................................................................................................24 2.8 Use Definitions ...................................................................................................................................29 2.9 Use-Specific Standards .......................................................................................................................40 2.10 Accessory Uses and Structures ...........................................................................................................64 2.11 Temporary Uses and Structures ..........................................................................................................75 2.12 Nonconformities .................................................................................................................................78 Article 3: Development Standards .............................................................................................................. 83 3.1 Measurements, Computations, and Exceptions ..................................................................................83 3.2 Site Development Standards ...............................................................................................................92 3.3 General Development Standards.......................................................................................................110 3.4 Architectural Standards.....................................................................................................................118 3.5 Neighborhood Compatibility Standards ...........................................................................................123 3.6 Landscape, Screening, and Buffering Standards...............................................................................129 3.7 Signage .............................................................................................................................................146 3.8 Off-Street Parking, Loading, and Mobility .......................................................................................160 3.9 Pedestrian Access and Circulation ....................................................................................................181 3.10 Basic Subdivision Requirements ......................................................................................................183 3.11 Subdivision Design Standards ..........................................................................................................190 3.12 Development Standards for the FP-O District ..................................................................................205 3.13 Development Standards for the WS-O District .................................................................................222 Article 4: Administration .......................................................................................................................... 227 4.1 Purpose .............................................................................................................................................227 4.2 General Provisions for all Administrative Bodies and Boards..........................................................227 4.3 City Council ......................................................................................................................................227 4.4 Planning Commission (PC) and Zoning Board of Appeals (ZBA) ...................................................228 4.5 Heritage Preservation Commission (HPC) .......................................................................................229 4.6 City Planner and Code Enforcement Officer ....................................................................................230 4.7 Development Review Committee (DRC) .........................................................................................231 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
i
Article 1: GENERAL PROVISIONS
51 52 53 54 55 56 57 58 59 60 61 62 63
4.8
Enforcement and Penalties ................................................................................................................231
Article 5: Development Procedures .......................................................................................................... 233 5.1 Purpose .............................................................................................................................................233 5.2 Applicability .....................................................................................................................................233 5.3 Common Development Review Requirements .................................................................................233 5.4 Summary of Application and Review Procedure Types ...................................................................240 5.5 Specific Development Review Procedure Requirements ..................................................................251 Article 6: Definitions................................................................................................................................. 277 6.1 Rules of Construction and Interpretation ..........................................................................................277 6.2 Definitions ........................................................................................................................................278 Article 7: Appendix A ............................................................................................................................... 303 Article 8: INDEX ...................................................................................................................................... 307
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
ii
Article 1: General Provisions
64 65 66 67 68 69 70 71 72 73 74 75 76 77 78
1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12
79
1.1
80 81 82 83
The City of Northfield carries out the policies of the comprehensive plan by classifying and regulating the uses of land and structures within the city. This Land Development Code is adopted to protect and promote the public health, safety, morals, and general welfare of the city. More specifically, the purpose of these regulations is to:
84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105
1.1.1 1.1.2
Purpose of the Land Development Code (LDC) ........................................................................1 Title ............................................................................................................................................2 Code Authority...........................................................................................................................2 Code Jurisdiction .......................................................................................................................2 Repeal of Existing Ordinances ...................................................................................................2 Relationship to Existing Ordinances ..........................................................................................2 Relationship to Third-Party Private Agreements .......................................................................2 Relationship to Comprehensive Plan .........................................................................................3 Conformance to this Land Development Code ..........................................................................3 Transitional Rules ......................................................................................................................3 Ordinance Severability...............................................................................................................4 Use of Tables, Graphics, Illustrations, Figures, and Cross-References .....................................4
Purpose of the Land Development Code (LDC)
Maintain and enhance the community’s distinct small town character.
Preserve and protect the area’s natural, historic, and cultural resources while providing for improved methods of integrating these resources in the community.
1.1.3
Encourage growth in infill locations as the desired location of development with expansion on the edge of the city a secondary priority.
1.1.4
Create residential community areas with strong neighborhood qualities including pedestrian-friendly streets, community gathering spaces, and basic commercial needs within walking distance.
1.1.5
Encourage the development of neighborhoods that incorporate a variety of housing types to serve the needs of a diverse population.
1.1.6
Allow for places with a mixture of uses that are distinctive and contribute to the city’s overall vitality.
1.1.7
Provide standards and guidelines for continuing strategic growth and sustainable development.
1.1.8
Provide for the expansion and diversification of the economic base to assure a strong economy.
1.1.9
Promote an ethic of sustainability in all activities to ensure that proposed development and redevelopment will, at a minimum, conserve energy and natural resources.
1.1.10 Improve and promote connectivity to better serve residents and to improve the function of the overall street network.
1.1.11 Ensure that proposed development is of human scale, primarily pedestrian-oriented to the extent appropriate, and designed to create exceptional streetscapes and pedestrian spaces. City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
1
Article 1: GENERAL PROVISIONS
106 107 108 109 110 111 112 113 114
1.1.12 Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented
115
1.2
116 117
This Land Development Code shall be known and may be cited as the “Land Development Code of the City of Northfield, Minnesota”, the “Land Development Code”, or just this “LDC.”
118
1.3
119 120 121 122 123 124
The authority to adopt this LDC within the City of Northfield, is derived from the authority provided under the Charter of the City of Northfield and from the powers granted and limitations imposed by the Minn. Statute §462.357 and §462.358, and other applicable sections. Whenever the charter or other laws, including the state statutes, referenced in this LDC have been amended or superseded, this LDC shall be considered amended in reference to the new or revised charter or other laws.
125
1.4
126 127
This LDC shall apply to all land and land development within the incorporated area of the City of Northfield, Minnesota.
128
1.5
129 130
This LDC and the referenced Official Zoning Map hereby replace Chapter 34, Land Development Regulations, of the Northfield Municipal Code.
131
1.6
132 133 134 135 136 137 138
1.6.1
139
1.7
140 141 142 143 144 145
This LDC is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this LDC are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this LDC shall govern. Nothing in this LDC shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this LDC. In no case shall the city be obligated to enforce the provisions of any easements, covenants, or
development, compact community form, safe and effective multi-modal traffic circulation (e.g., pedestrian, bicycle, and vehicular), and adequate on- and off-street parking facilities.
1.1.13 Protect the rural character of certain areas of the community as identified in the comprehensive plan.
1.1.14 Encourage vibrancy in the downtown core and fringe areas. 1.1.15 Ensure compatibility between different types of development and land uses. 1.1.16 Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities.
Title
Code Authority
Code Jurisdiction
Repeal of Existing Ordinances
Relationship to Existing Ordinances
In their interpretation and application, the provisions of this LDC shall be the minimum requirements, unless otherwise noted, and shall be deemed neither to limit nor repeal any other powers granted to the city under its charter and ordinances or under state statutes.
1.6.2
Where this LDC imposes a greater restriction on the use of buildings or premises, or on the heights of buildings, or requires larger yards, courtyards, or other open spaces than are imposed or required by such existing provisions, the provisions of this LDC shall prevail and control to the extent permitted by law.
Relationship to Third-Party Private Agreements
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
2
Article 1: GENERAL PROVISIONS
146 147
agreements between private parties where the city is not a party to the easement, covenant, or agreement.
148
1.8
149 150 151 152 153 154 155
The Comprehensive Plan for the City of Northfield or “comprehensive plan” as referenced in this LDC, and adopted on November 17, 2008, is the guiding policy document for this LDC, as amended. It establishes the goals, objectives and strategies that serve as a basis for this LDC. All regulations or amendments adopted pursuant to this LDC shall be consistent with the comprehensive plan as adopted and revised or updated in accordance with the requirements of this LDC and Section 4.6 of the Charter of the City of Northfield. In cases of inconsistency with other regulations or amendments, this LDC regulations shall prevail.
156
1.9
157 158 159 160
Except as specified herein, no land shall be subdivided, no building, structure, premises, or part thereof shall be used, occupied, located, moved, erected, constructed, reconstructed, converted, extended, enlarged, or altered except in conformity and full compliance with the regulations herein specified for the district in which it is located.
161
1.10 Transitional Rules
162 163 164
1.10.1 Effective Date
165 166 167 168 169 170
1.10.2 Violations Continue
171 172 173 174 175 176 177 178 179
1.10.3 Nonconformities Continue
180 181 182 183 184 185 186 187
1.10.4 Approved Projects
Relationship to Comprehensive Plan
Conformance to this Land Development Code
This LDC was enacted by Ordinance No. <> , adopted by the Northfield City Council on <>, 2011, and shall become effective on <>, 2011. Any violation under previous land development regulations and ordinances that applied to the city prior to the adoption of this LDC shall continue to be a violation under this LDC and is subject to penalties and enforcement under Section 4.8, Enforcement and Penalties, unless the use, development, construction, or other activity complies with the provisions of this LDC. (A)
(B)
(A)
Any legal nonconformity under any previous land development regulations that applied to the city prior to the adoption of this LDC shall continue to be a legal nonconformity under this LDC, as long as the situation that resulted in the nonconforming status under the previous codes continues to exist. If a legal nonconformity under any previous regulations that applied to the city prior to the adoption of this LDC becomes conforming because of the adoption of these regulations, then the situation will be considered conforming and shall no longer be subject to the nonconforming use regulations. Any building, structure, or development for which a building permit was issued prior to the effective date of this LDC may, at the applicant’s option, be completed in conformance with the issued permit and any other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this LDC. Such building, structure, or development shall be considered a legal nonconforming use upon the issuance of an occupancy permit by the city.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
3
Article 1: GENERAL PROVISIONS
188 189 190 191 192 193
(B)
(C)
If the building or structure is not completed within the time allowed under the original building permit or any extension granted thereof, then the building, structure, or development may be constructed, completed, or occupied only in compliance with this LDC. Any application for a project where an approved building permit has expired shall be required to submit a new application that meets the standards of this LDC.
194 195 196 197 198
1.10.5 Approved Subdivisions
199
1.11
200 201 202 203 204 205
Each chapter, section, paragraph, sentence, clause, phrase or other divisible part of this LDC is hereby declared to be severable. If any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part of this LDC is declared unconstitutional or otherwise invalid (by any court of competent jurisdiction in a valid judgment or decree), such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible parts of this LDC.
206 207
1.12 Use of Tables, Graphics, Illustrations, Figures, and CrossReferences
208 209 210 211 212 213 214 215 216
1.12.1 Where a conflict may occur between the text of this LDC and any graphic, illustration, or
Any subdivision which received City approvals prior to the effective date of this LDC, but which has not yet received final approvals by the City, shall not be held to the requirements of this LDC as it may apply to existing grading, installed water or sewer infrastructure, or predetermined street connections.
Ordinance Severability
figure, the text shall control.
1.12.2 In some instances, cross-references between articles, sections, and subsections are provided that include the article, section, or subsection number along with the name of the reference following the numerical reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.
1.12.3 Cross-references to tables and figures include the main section number as the first part of the number for purposes of identifying the location of the table.
217
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
4
Article 2: ZONING DISTRICTS AND USE REGULATIONS
Article 2: Zoning Districts and Use Regulations
218 219 220 221 222 223 224 225 226 227 228 229 230 231 232
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12
233
2.1
Official Zoning Map
234 235 236 237 238
2.1.1
Map and Land Development Code
239 240 241 242 243 244 245
2.1.2
246 247 248 249 250 251
2.1.3
Official Zoning Map ................................................................................................................5 Establishment of Zoning Districts ..........................................................................................6 Base Zoning Districts ...............................................................................................................9 Special Base Zoning Districts ................................................................................................16 2Overlay Zoning Districts .......................................................................................................19 Floating Zoning Districts .......................................................................................................23 Permitted Principal Uses .......................................................................................................24 Use Definitions ........................................................................................................................29 Use-Specific Standards ..........................................................................................................40 Accessory Uses and Structures .............................................................................................64 Temporary Uses and Structures ...........................................................................................75 Nonconformities ...................................................................................................................757
All land within Northfield is placed into zoning districts as shown on the Official Zoning Map. The Official Zoning Map, along with all notations, references, and other information, are hereby adopted as part of this LDC. A certified copy of the Official Zoning Map shall be kept on file with the city clerk.
Annexed Land or Land Not Otherwise Designated (A) (B)
Any land located within the Northfield municipal boundaries that is not designated with a zoning district shall be included in the Agricultural (A-S) district. Any land which may be annexed to the city in the future shall be placed in the A-S district until such time that the city council may amend the zoning district, provided the city council does not designate the zoning district for the parcel at the time of annexation.
Identification of the Official Zoning District Map (A)
The Official Zoning Map, with any amendments made thereon, shall be identified by the signatures of the mayor and city clerk under the following words: Official Zoning District Map, Northfield, Minnesota: This is to certify that this is the Official Zoning Map referenced by Section 2.1, Official Zoning Map, of the Land Development Code.
252
Adopted by the City Council, Northfield, Minnesota.
253
_________________
254 255 256
Date _________________ Date
City of Northfield, Minnesota DRAFT 1-13-11
_______________________________ Mayor _______________________________ City Clerk
Land Development Code
5
Article 2: ZONING DISTRICTS AND USE REGULATIONS
257 258 259 260
2.1.4
Interpretation of Zoning District Boundaries The boundaries of the zoning districts are shown upon the Official Zoning Map. When uncertainty exists with respect to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply:
261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289
(A)
(B) (C)
(D)
(E)
(F) (G)
Where zoning district boundary lines are indicated as approximately following a center line of a street or highway, alley, railroad easement, or other right-of-way, or a river, creek, or other watercourse, such centerline shall be the zoning district boundary. In the event of a natural change in the location of such streams, rivers, or other water courses, the zoning district boundary shall be construed as moving with the channel centerline. Where zoning district boundary lines are indicated as approximately following a lot line, such lot line shall be the zoning district boundary. Where zoning district boundary lines are indicated as approximately being parallel to a centerline or a property line, such zoning district boundary lines shall be parallel to a centerline or a property line and, in the absence of a specified dimension on the map, at such scale and distance as indicated on the Official Zoning Map. Whenever any street, alley or other public way is vacated by official action of city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district or districts. The boundary for the Floodplain Overlay (FP-O) district has been taken from the flood insurance study dated April 2, 2003, for the City of Northfield, prepared by the Federal Emergency Management Agency (FEMA) and others as may be referenced in this LDC or the Northfield Municipal Code. The boundary for the Wild and Scenic River/Shoreland/Public Waters Overlay (WSO) district has been established by the Department of Natural Resources (DNR). When the actual street, right-of-way, property line boundary or other existing ground condition is in conflict with that shown on the Official Zoning Map, the zoning board of appeals shall review the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the city and to submit technical evidence if so desired pursuant to the appeals process as established in Section 5.5.17, Appeals.
290 291 292 293 294
2.1.5
Legend and Use of Color or Patterns
295
2.2
Establishment of Zoning Districts
296 297 298 299
2.2.1
Districts Established
There shall be provided on the Official Zoning Map a legend that shall list the name and symbol for each zoning district. In lieu of a symbol, a color or black and white pattern may be used on the Official Zoning Map to identify each zoning district as indicated in the legend.
The districts in Table 2.2-1 are hereby established to encourage sustainable development practices, to carry out the purposes of this LDC, and to assist in implementing the comprehensive plan.
300 301 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
6
Article 2: ZONING DISTRICTS AND USE REGULATIONS
Table 2.2-1: Zoning Districts Abbreviation R1-B R2-B R3-B R4-B N1-B N2-B C1-B C2-B I1-B A-S PB-S CD-S PI-S FP-O WS-O H-O PD-O
District Name BASE ZONING DISTRICTS Low Density Residential District Medium Density Residential District [DISCONTINUED] [1] High Density Residential District [DISCONTINUED] [1] Manufactured Home Park District Neighborhood General 1 District [DISCONTINUED] [1] Neighborhood General 2 District Downtown District Highway Commercial District Industrial District [DISCONTINUED] [1] SPECIAL BASE ZONING DISTRICTS [2] Agricultural District Public Benefit District College Development District Public Institutional District OVERLAY ZONING DISTRICTS Floodplain Overlay District Wild and Scenic River/Shoreland/Public Waters Overlay District Historic Overlay District Planned Unit Development Overlay District [DISCONTINUED] [1] FLOATING ZONING DISTRICTS Neighborhood Center Floating District Economic Development District
NC-F ED-F NOTES: [1] Discontinued districts are districts that are currently located on the zoning map but no new areas may be rezoned to these districts (See Section 2.2.4, Discontinued Districts). [2] The A-S, PB-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 â&#x20AC;&#x153;Sâ&#x20AC;? in the abbreviation.
302 303 304 305 306 307 308 309 310 311 312 313 314
2.2.2
Relationship of Overlay Districts to Base, Special, and Floating Districts (A)
(B)
Where land is classified into an overlay zoning district, the regulations governing development in the overlay district shall apply in addition to the regulations governing the underlying base, special, or floating zoning district unless otherwise noted in the district specific standards of Section 2.3, Base Zoning Districts, 2.4, Special Base Zoning Districts, Section 2.5, Overlay Zoning Districts, or Section 2.6, Floating Zoning Districts. In the event of an express conflict between the standards of the overlay zoning district and the base, special, or floating zoning district, the standards governing the overlay district shall control. In some instances, land may be classified into multiple overlay districts. In the event of an express conflict between the standards of the multiple overlay districts, the most restrictive standards shall apply.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
7
Article 2: ZONING DISTRICTS AND USE REGULATIONS
315 316 317 318 319 320
2.2.3
321 322 323 324 325 326
2.2.4
References to Previous Zoning Districts Some of the district classifications and names established within this LDC differ from previous versions of this LDC. In instances where there may be references to the previous zoning district nomenclature, Table 2.2-2 identifies how each of the previous district classifications were renamed for this LDC. This section shall only be used for comparison purposes.
Discontinued Districts Discontinued districts are districts that are currently located on the zoning map but no new areas may be rezoned to these districts. The intent of a discontinued district is to allow existing uses to remain and to expand under the development standards for that particular zoning district. Certain districts are discontinued because the preferred future development pattern is described in districts that have not been discontinued.
327 Table 2.2-2: District Transition Table Zoning Districts in the Land Development Code Zoning Districts in the Land Development Effective Prior to <> Code Effective After <> Abbreviation District Name Abbreviation District Name BASE DISTRICTS R-1 One-Family Residential District One- and Two-Family Residential R-2 R1-B Low Density Residential District 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 Manufactured Home Park R-6 Manufactured Home Park District R4-B District --No Existing District N1-B Neighborhood General 1 District --No Existing District N2-B Neighborhood General 2 District C-1 Downtown District C1-B Downtown District C-2 Downtown Fringe District C-3 Gateway Commercial District C2-B Highway Commercial District LI Light Industrial District I1-B Industrial District I Industrial District SPECIAL BASE DISTRICTS AG Agricultural District A-S Agricultural District ---No Existing District PB-S Public Benefit District CDZ College Development District CD-S College Development District --No Existing District PI-S Public Institutional District OVERLAY DISTRICTS FP Floodplain District FP Floodplain Overlay District Wild and Scenic Wild and Scenic WS River/Shoreland/Public Waters WS River/Shoreland/Public Waters District Overlay District --Downtown Historic District H Historic Overlay District Planned Unit Development PUD Planned Unit Development PD Overlay District City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
8
Article 2: ZONING DISTRICTS AND USE REGULATIONS
Table 2.2-2: District Transition Table Zoning Districts in the Land Development Code Zoning Districts in the Land Development Effective Prior to <> Code Effective After <> Abbreviation District Name Abbreviation District Name FLOATING DISTRICTS Neighborhood Center Floating --No Existing District NC-F District Economic Development Floating --No Existing District ED-F District
328
2.3
Base Zoning Districts
329 330
2.3.1
Residential District (R1-B) (A)
Purpose
331 332
(1)
333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350
(2)
(B)
The R1-B district should generally apply to those areas designated as “Neighborhood Central” on the framework map of the comprehensive plan.
The Residential (R1-B) district generally includes the established neighborhoods surrounding downtown Northfield that are characterized by traditional urban development qualities such as a grid pattern street network, sidewalks, and a range of single-family, two-family, and some multi-family dwellings on smaller lots. The purpose of the R-1B district is to continue to support single-family, two-family, and three-family attached and detached dwellings within the existing character of the city’s older neighborhoods. The essential, existing character of the R1-B district should be reinforced with any infill or redevelopment of properties. The primary intent of this zone is to strengthen the character of existing historic neighborhoods within Northfield and to protect and enhance the unique character of those existing neighborhoods, particularly in locations where this character may be most susceptible to change. Neighborhood Compatibility Requirement Due to the developed character and context of existing development in the R1-B district, all new development or structures, whether as a single expansion or made through multiple expansions, shall be subject to the neighborhood compatibility standards established in Section 3.5, Neighborhood Compatibility Standards.
351 352 353
(C)
Site Development Standards See Section 3.2.2, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the R1-B district.
354 355 356 357
(D)
Other Development Standards In addition to the standards established for the R1-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.
358 359
2.3.2
Medium Density Residential District (R2-B) [DISCONTINUED DISTRICT] (A)
Purpose
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
9
Article 2: ZONING DISTRICTS AND USE REGULATIONS
360 361 362 363 364
The purpose of the Medium Density Residential (R2-B) district is to maintain the city’s existing housing stock that is comprised of medium density residential uses at densities ranging from 8.1 to 15 units per acre. These existing residential areas are located within the areas designated as “Neighborhood General 1” in the framework map of the comprehensive plan.
365 366 367 368 369
(B)
Discontinued District The R2-B district is a discontinued district and is maintained in this LDC to minimize the creation of nonconformities (See Section 2.2.4, Discontinued Districts). Applications for amendments to the Official Zoning Map for the R2-B district shall be prohibited after the effective date of this LDC.
370 371 372
(C)
Site Development Standards See Section 3.2.2, Residential Site Development Standards, and Table 3.2-1for the site development standards that apply to the R2-B district.
373 374 375 376
(D)
Other Development Standards In addition to the standards established for the R2-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.
377 378 379 380 381 382 383
2.3.3
High Density Residential District (R3-B) [DISCONTINUED DISTRICT] (A)
Purpose The purpose of the High Density Residential (R3-B) district is to maintain the city’s existing housing stock that is comprised of high density, multi-family residential uses at densities ranging from 15.1 to 25 units per acre. These existing residential areas are located within the areas designated as “Neighborhood Central” and “Neighborhood General 1” in the framework map of the comprehensive plan.
384 385 386 387 388
(B)
Discontinued District The R3-B district is a discontinued district and is maintained in this LDC to minimize the creation of nonconformities (See Section 2.2.4, Discontinued Districts). Applications for amendments to the Official Zoning Map for the R3-B district shall be prohibited after the effective date of this LDC.
389 390 391
(C)
Site Development Standards See Section 3.2.2, Site Development Standards, and Table 3.2-1 for the site development standards that apply to the R3-B district.
392 393 394 395
(D)
Other Development Standards In addition to the standards established for the R3-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.
396 397
2.3.4
Manufactured Home Park District (R4-B) (A)
Purpose
398 399 400
(1)
The R4-B district should generally apply to those existing manufactured home park areas designated as “Neighborhood General 1” on the framework map of the comprehensive plan.
401 402 403
(2)
The purpose of the Manufactured Home Park (R4-B) district is to allow manufactured home parks in areas of the city. Manufactured homes shall be located in manufactured home parks, and may be located in other residential
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
10
Article 2: ZONING DISTRICTS AND USE REGULATIONS
404 405 406 407 408 409 410 411 412
(B)
413 414 415 416 417 418
(C)
2.3.5
zoning districts as long as a manufactured home adheres to all other zoning and state building code requirements applicable to other residential uses. Manufactured home parks shall provide ingress and egress roadways, storm shelters, open space for playgrounds, recreation and park purposes, necessary sewer, water, electricity, and refuse services. Site Development Standards See Section 2.9.11, Manufactured Home Parks, Section 3.2.2, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the R4-B district. Other Development Standards In addition to the standards established for the R4-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.
Neighborhood General 1 District (N1-B) [DISCONTINUED DISTRICT] (A)
Purpose
419 420 421
(1)
422 423 424 425 426 427 428 429 430 431 432 433 434 435 436
(2)
(B)
The N1-B district should generally apply to those areas developed and/or final platted and designated as “Neighborhood General 1” on the framework map of the comprehensive plan.
The Neighborhood General 1 (N1-B) district is applied to existing residential neighborhoods of the city that are found outside the R1-B district. The N1-B district is characterized by primarily single family homes, or attached housing, on parcels that are generally larger than those found in the R1-B, and that are located on streets more curvilinear and less connected than traditional urban development patterns. The essential, existing character of the N1-B district should be reinforced with any infill or redevelopment of properties. When feasible, infill or redevelopment in the N1-B district should also create a more pedestrian-friendly, walkable development pattern with a mixture of housing types. Discontinued District The N1-B district is a discontinued district and is maintained in this LDC to minimize the creation of nonconformities (See Section 2.2.4, Discontinued Districts). Applications for amendments to the Official Zoning Map for the N1-B district shall be prohibited after the effective date of this LDC.
437 438 439
(C)
Site Development Standards See Section 3.2.2, Residential Site Development Standards, and Table 3.2-1 for the site development standards that apply to the N1-B district.
440 441 442 443
(D)
Other Development Standards In addition to the standards established for the N1-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.
444 445 446 447 448
2.3.6
Neighborhood General 2 District (N2-B) (A)
Purpose
(1)
City of Northfield, Minnesota DRAFT 1-13-11
The N2-B district should generally apply to those areas intended for residential neighborhoods designated as “Pipeline” and “Managed Growth” on the conservation and development map of the comprehensive plan, and Land Development Code
11
Article 2: ZONING DISTRICTS AND USE REGULATIONS
449 450
those areas designated as “Neighborhood General 1” on the framework map of the comprehensive plan.
451 452 453 454 455 456 457 458 459 460 461 462 463 464 465
(2)
(B)
The Neighborhood General 2 (N2-B) district is applied to residential neighborhoods of the city that may include larger vacant areas within the current city limits and areas that will be within city limits through future annexations. The N2-B district will create a pedestrian-friendly environment, such as found in the R1-B district, with strong neighborhood qualities, such as a grid-like street pattern, consistent block size, compact development, a range of housing types and architectural styles, street connectivity, sidewalks, and homes located in close relationship to the street. In addition, the N2-B district will include greenways and natural areas, and options for neighborhood-serving commercial. This development pattern is the preferred future pattern for the city, as expressed in the comprehensive plan. Site Development Standards See Section 3.2.2, Residential Site Development Standards, and Table 3.2-1for the site development standards that apply to the N2-B district.
466 467 468 469
(C)
Other Development Standards In addition to the standards established for the N2-B district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.
470
(D)
Mixture of Dwelling Unit Types
471 472 473 474 475
(1)
For the purpose of promoting a mixture of dwelling unit types within a single neighborhood and subdivision, a mixture of dwelling unit types shall be required in accordance with Table 2.3-1 based on the size of the subdivision. This dwelling unit type mixture shall be distributed throughout the subdivision, not clustered in one area.
476 477 478
(2)
Final plats for all phases of any residential subdivision shall adhere to the dwelling unit mixture requirements as specified in Table 2.3-1. Table 2.3-1: Mixture of Dwelling Unit Types
Number of Lots in a Subdivision
Minimum Percentage of Lots Required to Accommodate Any Mixture of Two, Three, or Multi-Family Dwellings
Required Minimum Dwelling Unit Types
3-19 Lots 20-49 50-99 Lots 100 or More Lots
Not Applicable 15% 20% 25%
2 unit types 3 unit types 4 unit types 4 unit types
479 480 481
2.3.7
Downtown District (C1-B) (A)
Purpose
482 483
(1)
The C1-B district should generally apply to those areas designated as “Core” and “Center” on the framework map of the comprehensive plan.
484 485
(2)
The C1-B district, which includes Northfield’s historic town square, the Cannon River, Northfield’s original flour mill, and historically preserved
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
12
Article 2: ZONING DISTRICTS AND USE REGULATIONS
486 487 488 489 490 491 492
commercial center, creates Northfield’s brand and a unique sense of place. The purpose of the Downtown (C1-B) district is to sustain the historic central business district and to augment and increase its viability and prosperity by providing a compact, pedestrian friendly, active mix of uses: commerce, hospitality, professional offices and services, residential, arts and culture, and government, along with public gathering places and points of interest for residents and visitors alike.
493 494 495 496 497 498
(3)
Design standards applied here will reflect the architectural character found in the historic downtown and augment a strong, distinctive sense of place through pedestrian orientation and the inclusion of open space, public plazas, gathering places, outdoor dining areas and a strong relationship with the Cannon River. Specific standards for this zoning district in Section 3.2.3, C1-B District Site Development Standards also:
499
(a)
Regulate building façade treatments.
500 501
(b)
Create regulations for properties having frontage on the Cannon River.
502 503 504
(c)
Protect existing residential neighborhoods from potential negative effects of commercial uses that are in close proximity to the residential use.
505 506 507 508 509 510
(d)
Allow flexibility in site design for the properties within the C1-B District located west of Highway 3. This is due to the recognition that the existing development pattern for the area west of Highway 3 creates difficulties for redevelopment, including the location of railroad right-of-way and the limited opportunities for on-street parking, which limits the location of parking areas.
511 512 513 514 515
(B)
Site Development Standards See Section 3.2.3, C1-B District Site Development Standards for the site development standards that apply to the C1-B district. The site development standards in this district differ depending upon the location of a specific lot. The C1-B district has different regulations for each of the four subareas as follows:
516
(1)
properties facing the Cannon River;
517
(2)
properties facing residential properties;
518
(3)
properties west of Highway; and
519 520 521 522
(4)
523 524
(C)
2.3.8
properties south of 6th Street. Other Development Standards In addition to the standards established for the C1-B district, all development shall be subject to all other applicable standards in Article 3: Development Standards.
Highway Commercial District (C2-B) (A)
Purpose
525 526
(1)
The C2-B district should generally apply to those areas designated as “Corridor” on the framework map of the comprehensive plan.
527 528 529 530
(2)
The purpose of the Highway Commercial (C2-B) district is to provide a location for highway-oriented businesses that benefit from access to and visibility from the highway, and a wider range of commercial building and site sizes than is possible in other districts. The standards proposed in this
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
13
Article 2: ZONING DISTRICTS AND USE REGULATIONS
531 532 533 534
LDC are intended to support efficient use of the limited highway commercial land supply, attract and retain sustainable businesses which contribute to economic growth and job creation, and enhance the economic vitality of the district and of Northfield overall. Thus, the standards will promote:
535 536 537
(a)
A built environment that preserves the character of Northfield, differentiates it from other Twin Cities area suburbs, and presents a high quality image of the city.
538 539
(b)
Built structures that are designed and situated on sites to complement the existing natural and built environments.
540 541
(c)
To provide options for site development review and decision making where:
542 543 544 545
(i)
Commercial development that relates site improvements from one parcel to other parcels in the commercial area creating a degree of order and familiarity in the building placement that is processed through a Fast Track.
546 547 548 549
(ii)
Quality built environment that relies to a larger degree on site landscaping that creates a patterned and pleasing green edge to sites in relation to the public street frontage is processed through a Flexible Track.
550 551
(d)
Structures that can be adapted to changing business and community needs.
552
(e)
Mixed-uses within structures and within sites.
553 554
(f)
Pedestrian-scale development through building placement, façades, and landscaping.
555 556
(g)
Multi-modal transportation via site design that connects businesses in the highway corridor with neighboring sites and the rest of the city.
557 558
The regulations outlined for the C2-B District will implement the following objectives (as paraphrased) from the 2008 Comprehensive Plan:
559 560 561 562 563
(a)
Encourage a compact development pattern, and support infill, redevelopment and land intensification by increasing density and providing mixed-use opportunities for commercial, office and housing as articulated in land use objectives LU3 and LU5 in the comprehensive plan.
564 565 566 567
(b)
Reflect the local vernacular in commercial and office structures by creating regulations that reflect the overall community identity as articulated in the community identity objective CI in the comprehensive plan.
568 569 570 571 572 573 574
(c)
Facilitate the safe, convenient, coordinated and fiscally responsible movement of people, goods, and services by establishing a network of routes within the commercial area and between the commercial and nearby neighborhoods, providing for use of a variety of transportation modes, and incorporating â&#x20AC;&#x153;park onceâ&#x20AC;? site designs as articulated in land use objective LU6 and environmental resource objective ER9 in the comprehensive plan.
575 576
(d)
Be a good steward of the natural environment by improving buffers along the Cannon River and increasing the density of the
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
14
Article 2: ZONING DISTRICTS AND USE REGULATIONS
577 578 579 580
community's urban forest with standards relating to the selection and establishment of appropriate tree species in parking lots and the public right-of-way as articulated in land use objective LU6 and environmental resource objective ER9 in the comprehensive plan.
581 582 583 584 585 586 587
(e)
(B)
Two track Development Option
(1)
588 589 590 591 592 593 594 595 596
Improve the district as a gateway into the community by defining the streetscape with human scaled buildings with fronts oriented to the street and parking to the rear, including attractive landscaping and public art, and implementing other calming and pedestrian-friendly techniques as articulated in community identity objective CI5 in the comprehensive plan.
Site development standards in the C2-B district are administered in two possible development tracks hereinafter referred to as Fast Track or Flexible Track. Building placement, architectural objectives and architectural standards applicable to Fast Track development are intended to accomplish the same development and regulatory purpose as the general architectural objectives and architectural standards applicable to Flexible Track development. All projects proposed for development in the C2-B district shall adhere to these development standards and objectives in either Fast Track or Flexible Track development.
597 598 599 600 601 602 603 604 605 606 607 608
(a)
Fast Track development in the C2-B district refers to those development applications as proposed by the developer that adhere to all standards and requirements. Fast Track development standards are found in Table 3.2-4 labeled Fast Track, as well as those architectural design requirements for Non-residential buildings in Section 3.2.4, C2-B District Site Development Standards. Development adhering to these standards will automatically meet all of the development objectives of the C2-B District. Development in the C2-B district that is proposed by the applicant using the Fast Track shall be reviewed and processed according to Type 2 review procedure found at Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review).
609 610 611 612 613 614 615 616 617 618 619 620 621 622
(b)
Development in the C2-B district in compliance with Flexible Track standards is intended to create the same land use, building and site design quality as provided for with Fast Track development while recognizing that due to existing patterns of development and the potential for equally creative design, the overall development objectives in the C2-B district will be accomplished. Flexible Track development standards are found in Table 3.2.4. labeled Flexible Track, as well as those architectural and site design requirements for non-residential buildings in Section 3.2.4 C2-B District Site Development Standards â&#x20AC;&#x201C; Commercial Use. Development in the C2B district that is proposed by the applicant using the Flexible Track shall be reviewed and processed according to Type 7 review procedures found at Section 5.4.10, Type 7 Review Procedure (Planning Commission Decision).
623 624 625
(C)
Site Development Standards See Section 3.2.4, C2-B District Site Development Standards for the site development standards that apply to the C2-B district.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
15
Article 2: ZONING DISTRICTS AND USE REGULATIONS
626 627 628 629 630
(D)
2.3.9
Other Development Standards In addition to the standards established for the C2-B district, all development shall be subject to all other applicable standards in Article 3: Development Standards.
Industrial District (I1-B) [DISCONTINUED DISTRICT] (A)
Purpose
631 632
(1)
633 634 635 636 637 638 639 640 641 642 643 644 645 646
(2)
(B)
The I1-B district should generally apply to those areas designated as â&#x20AC;&#x153;Districtâ&#x20AC;? on the framework map of the comprehensive plan.
The purpose of the Industrial (I1-B) district is to provide an area to accommodate existing manufacturing, general businesses, offices, service and repair businesses, warehousing and office showroom uses and any additions to or redevelopment of those uses. Limited and incidental retailing shall be allowed in this district. Its overall character is intended to be compatible in scale and intensity with the adjacent highway commercial district. The portion of the district that abuts the Cannon River shall be developed in a manner that enhances, restores, augments and maintains the ecology and beauty of this natural corridor. Discontinued District The I1-B district is a discontinued district and is maintained in this LDC to minimize the creation of nonconformities (See Section 2.2.4, Discontinued Districts). Applications for amendments to the Official Zoning Map for the I1-B district shall be prohibited after the effective date of this LDC.
647 648 649
(C)
Site Development Standards See Section 3.2.5, I1-B District Site Development Standards for the site development standards that apply to the I1-B district.
650 651 652
(D)
Other Development Standards In addition to the standards established for the I1-B district, all development shall be subject to all other applicable standards in Article 3: Development Standards.
653
2.4
Special Base Zoning Districts
654 655 656 657 658 659 660 661
2.4.1
Agricultural District (A-S) (A)
Purpose The purposes of the Agricultural (A-S) district is to allow primarily for agricultural uses and open space within the city limits while recognizing that privately owned land may be developed for non-agricultural purposes in the near to long-term. It is designed specifically for areas within the city that are presently agricultural uses not zoned as PB-S, Public Benefit, but that will remain as long term agricultural uses, or that may be converted to non-agricultural urban uses in the future.
662 663 664
(B)
Site Development Standards See Section 3.2.6, A-S District Site Development Standards for the site development standards that apply to the A-S district.
665 666 667 668
(C)
Other Development Standards In addition to the standards established for the A-S district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
16
Article 2: ZONING DISTRICTS AND USE REGULATIONS
669 670 671 672 673 674 675 676 677 678 679 680 681
2.4.2
College Development District (CD-S) (A)
Purpose Carleton College and St. Olaf College are essential and defining parts of Northfield’s unique identity, valued contributors to community life, and powerful drivers of the local economy. The purpose of the College Development (CD-S) district is to allow college facilities and operations within the city limits while providing boundaries which respect the function and character of the colleges and their adjoining districts. Development regulations in the CD-S district are designed to accommodate the mix of uses appropriate to a residential college. Development near the edges of campus, or Perimeter Transition Area (PTA), will utilize a wider process of dialog and input to facilitate compatibility between the campus and adjoining districts.
(B)
Applicability
682 683
(1)
The CD-S district should generally apply to those areas designated as an “educational district” on the framework map of the comprehensive plan.
684 685 686
(2)
The CD-S district shall include regulations applicable to two separate subzones referred to as the Internal Development Area (IDA) and the Perimeter Transition Area (PTA).
687 688 689
(a)
The Internal Development area is all that area within the CD-S zone that is internal to the core of the college campus and is located a distance away from the CD-S district edge by 200 feet or more.
690 691 692 693 694 695 696 697
(b)
The Perimeter Transition Area (PTA) shall be defined as an area inside the CD-S district that is within 200 feet of the boundary of the CD-S district. Where applicable, this area shall be measured from the midpoint of public rights-of-way adjoining the edge of college properties. If a public right-of-way adjoining the college property edge (with no adjoining buildings) is wider than 200 feet and contains no existing or planned buildings, then no PTA standards shall be applied and the area may develop consistent with the IDA standards.
698 699 700 701 702
(C)
Purpose Statement and General Description of Development Process IDA/PTA In order to reflect the differing levels of impact that college development may have on non-college properties, two distinct development review and decision processes are applicable for development in the CD-S zone.
703 704 705 706 707
(1)
For development proposed in the IDA sub-zone, such development will be subject to development standards and development review processing that is more general, flexible and administrative in nature using the Type 2 review procedure (See Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)).
708 709 710 711 712 713 714
(2)
For development proposed in the PTA sub-zone, such development will be subject to development standards that are applicable to Conditional Use Permit criteria and will be subject to a thorough public review and decision process using the Type 4 review procedure with a Neighborhood meeting requirement (See Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision )).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
17
Article 2: ZONING DISTRICTS AND USE REGULATIONS
715 716 717 718 719 720
(3)
For all development proposed in the CD-S zone a parking study shall be prepared and provided to the city that analyzes campus wide parking supply and parking demand as a basis of determining the amount of parking that is needed to comply with the parking requirements as established in Section 3.8.5, Off-Street Parking Space Requirements and Table 3.8-2. The parking study shall include at a minimum the following data and information:
721
(a)
Background of study and description of study methodology;
722 723 724
(b)
Existing supply and demand analysis including existing supply, existing demand by user type including faculty, staff , student and visitor parking demand;
725
(c)
parking occupancy and adequacy analysis;
726
(d)
Future demand analysis;
727
(e)
Future planned parking facility expansion;
728
(f)
Conclusions and recommendations.
729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751
2.4.3
Public Benefit District (PB-S) (A)
(B)
Purpose The purpose of the Public Benefit District (PB-S) is to distinguish city owned park and open space areas and the privately owned golf course and cemetery facilities which are devoted to the use by the public or the specific members of the golf course or religious institution that own the facilities from other open space agricultural areas that are intended for long term agricultural productivity or nearer term conversion to some other urban development use. The Public Benefit District (PB-S) is intended to primarily apply to city owned park and open space areas and facilities as shown on Map 8.1 Existing Park and Trail System Plan of the comprehensive plan. Additionally, the Public Benefit District (PB-S) has a more limited application related to privately owned golf course facilities and grounds and cemeteries. The use of land that is zoned Public Benefit District (PB-S) will be subject to limited regulatory requirements since the primary land use activity is that of open space, low intensity land use with minimal impact on the surrounding neighborhoods and the city infrastructure and services needed to support this land use. Site Development Standards Building and development that occurs on city owned property shall comply with the site development standards that are found in Section 3.2.7, PB-S Public Benefit Site Development Standards to the greatest extent possible. All other building and development on privately owned property in areas zoned PB-S shall adhere to the standards found in Section 3.2.7, PB-S Public Benefit Site Development Standards.
752 753 754 755 756
(C)
Other Development Standards In addition to the standards found in Section 3.2.7, PB-S Public Benefit Site Development Standards, all buildings and development shall adhere to other requirements of Article 3: Development Standards of this LDC as they may apply and all other requirements of the City.
757 758 759
(D)
All development and building that is to occur in areas zoned PB-S shall be subject to the development review procedures found in Article 5: Development Procedures of this LDC as outlined in the Type 2 review procedure (See Section 5.4.5, Type 2
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
18
Article 2: ZONING DISTRICTS AND USE REGULATIONS
760 761 762 763
Review Procedure (City Planner Decision with Development Review Committee Review)).
2.4.4
Public Institutional District (PI-S) (A)
Purpose
764 765
(1)
766 767 768 769 770 771 772 773 774 775
(2)
(B)
776
(C)
The PI-S district can potentially apply to any land in any category on the framework map of the comprehensive plan.
The Public Institutional (PI-S) district is intended to establish and protect sites for city, state, federal, and school district uses while also ensuring compatibility with the surrounding neighborhoods. The PI-S zone implements and is consistent with the land use designations of the comprehensive plan. Additional Site Plan Review Requirements In addition to the requirements established for site plan review in Section 5.5.6, Site Plan Review, the city engineer shall have the authority to require a traffic impact study or stormwater management study depending on the size and impact of the proposed use. Other Development Standards
777
(1)
More than one principal building may be located on a single lot.
778 779 780
(2)
In addition to the standards established for the PI-S district, all development shall be subject to all other applicable standards in Article 3: Development Standards.
781
2.5
782 783 784 785 786
2.5.1
787
Overlay Zoning Districts 2
Floodplain Overlay District (FP-O) (A)
Purpose It is the purpose of the Floodplain Overlay (FP-O) district to promote the public health, safety, and general welfare and to minimize the potential losses by flooding, as described in this section, by enacting the provisions contained herein.
(B)
Development Standards
788 789
(1)
790 791 792 793 794 795
(2)
796 797 798 799 800 801
(C)
The development standards for the underlying base zoning district shall apply unless otherwise modified by the FP-O district.
Additional standards for the FP-O district are located in Section 3.12, Development Standards for the FP-O District. Statutory Authorization, Findings of Fact, and Purpose The legislature of the State of Minnesota has, in Minn. Stat., chapters 103F and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city does ordain as follows:
(1)
City of Northfield, Minnesota DRAFT 1-13-11
The flood hazard areas of Northfield, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
Land Development Code
19
Article 2: ZONING DISTRICTS AND USE REGULATIONS
802 803 804
(2)
805 806 807 808 809
(3)
(D)
810 811 812
This section is based upon a reasonable method of analyzing flood hazards, which is consistent with the standards established by the Minnesota Department of Natural Resources.
This section and this LDC are adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the city's eligibility in the National Flood Insurance Program. Establishment of Subdistricts
(1)
Subdistricts There are hereby established the following three subdistricts of the FP-O district:
813 814 815
(a)
The Floodway (FW) subdistrict shall include those areas designated as floodway on the flood insurance rate map referred to in Section 3.12.2, General Provisions.
816 817 818 819
(b)
The Flood Fringe (FF) subdistrict shall include those areas shown as being within zone AE, zone AO, or zone AH, but being located outside of the floodway, on the Flood Insurance Rate Map (FIRM) as referred to in Section 3.12.2, General Provisions.
820 821 822 823
(c)
The General Floodplain (GF) subdistrict shall include those areas designated as zone A or zones AE, zone AO, or zone AH without a floodway on the flood insurance rate map referred to in Section 3.12.2, General Provisions.
824 825 826 827 828 829 830 831
(2)
Compliance No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations that apply to uses within the jurisdiction of this section. Within the floodway, flood fringe, and general flood plain subdistricts, all uses not listed as permitted uses or conditional uses in this section shall be prohibited. In addition:
832 833 834 835 836
(a)
New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically Section 3.12.9, Manufactured Homes and Manufactured Home Parks and Place of Recreational Vehibles.
837 838 839 840 841
(b)
Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically Section 3.12.11, Nonconforming Uses.
842 843 844 845 846
(c)
As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of Section 3.12, Development Standards for the FP-O District.
847
(E)
Amendments
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
20
Article 2: ZONING DISTRICTS AND USE REGULATIONS
848 849 850 851 852 853 854
(1)
The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the commissioner of natural resources if it is determined that, through other measures, lands are adequately protected for the intended use.
855 856 857 858 859 860 861 862 863
(2)
All amendments to this section, including amendments to the flood plain designation on the official zoning map, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given a ten-day written notice of all hearings to consider an amendment to this section and said notice shall include a draft of the chapter amendment or technical study under consideration.
864 865 866 867 868 869 870 871 872 873
2.5.2
Wild and Scenic River/Shoreland/Public Waters Overlay District (WS-O) (A)
Purpose The purpose of the Wild and Scenic River/Shoreland/Public Waters Overlay (WSO) district is to protect and preserve the scenic, recreational, natural and historical values of the Cannon River in the city by ensuring that development within this river corridor is consistent with the state Wild and Scenic Rivers Act, to provide for the protection and wise development of shoreland areas along the Cannon River, with the Shoreland Management Act, and to provide for the protection and wise development of shoreland areas in accordance with the Shoreland Management Act.
(B)
Development Standards
874 875
(1)
876 877 878 879 880 881
(2) (C)
The development standards for the underlying base zoning district shall apply unless otherwise modified by the WS-O district.
Additional standards for the WS-O district are located in Section 3.13, Development Standards for the WS-O District. Designation of the WS-O District The WS-O district combines the regulations pertaining to state shoreland management and the wild and scenic river management programs. The public waters located within the city limits have been classified as follows:
882
(1)
Spring Creek, general development.
883
(2)
Heath Creek, general development.
884
(3)
Rice Creek (Spring Brook), natural environment.
885 886 887 888 889 890 891 892
(4)
Sibley Marsh, unclassified. In addition, in order to preserve and protect the Cannon River and its adjacent land that possesses scenic, recreational, natural, and historical values, the Cannon River in the city has been given a recreational river classification under the Minnesota Wild and Scenic Rivers Act and is divided into two districts as undeveloped land and developed land. It shall be unlawful to fill, excavate, or deposit any materials in or on the beds of public waters without securing a permit from the commissioner of natural resources.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
21
Article 2: ZONING DISTRICTS AND USE REGULATIONS
893 894 895 896
(D)
Permitted Uses In addition to all permitted uses allowed in and regulated by the underlying zoning district, as indicated on the official zoning map of the city, the following uses are permitted by-right (no conditional use permit required):
897
(1)
Governmental campgrounds;
898
(2)
Other governmental open space recreational uses;
899 900
(3)
Government resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; accessory roads;
901
(4)
Public access to rivers and streams; and
902 903 904 905 906 907
(5) (E)
Public access, road access type with boat launching facilities. Conditional Uses In addition to all conditional uses and applicable attached conditions allowed in and regulated by the applicable zoning districts underlying this shoreland overlay district as indicated on the official zoning map of the city, the following conditional uses are permitted:
908
(1)
Private campgrounds.
909
(2)
Other private open space recreational uses.
910 911
(3)
Utility transmission lines, subject to the conditions of all applicable state rules.
912
(4)
Public roads, subject to the conditions of all applicable state rules.
913 914
(5)
Sand and gravel extraction, subject to the conditions of all applicable state rules.
915 916
(6)
Canoe rental establishments, subject to the conditions of all applicable state rules, except that inner tube rentals shall be prohibited.
917 918
2.5.3
Historic Overlay District (H-O) (A)
Purpose
919 920 921 922 923
(1)
The city council declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects having special historical interest or value is a public necessity and is required in the interest of the health, safety, welfare and prosperity of the people.
924
(2)
Additionally, this overlay district has the purpose to:
925 926 927
(a)
Safeguard the heritage of the city by preserving sites and structures which reflect elements of the city's cultural, social, economic, political, visual or architectural history;
928 929
(b)
Protect and enhance the city's appeal to residents, visitors and tourists and serve as a support and stimulus to business and industry;
930 931
(c)
Foster civic pride in the beauty and notable accomplishments of the past; and
932 933 934
(d)
Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the city.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
22
Article 2: ZONING DISTRICTS AND USE REGULATIONS
935 936 937 938 939
(B)
Northfield Downtown Historic District The boundary of the current historic overlay district is the Northfield Downtown Historic District that has been registered with the federal government and certified by the state. The boundaries of such overlay district shall be as shown on the Official Zoning Map.
940 941 942 943 944 945 946 947
(C)
Certificate of Appropriateness No activity within the H-O district shall occur on a heritage preservation site without having first received a certificate of appropriateness issued by the HPC pursuant to Section 5.5.8, Heritage Preservation Commission’s Certificate of Appropriateness. All supporting documents relating to the certificate of appropriateness (e.g., plans and photographs) shall be kept on file by the city planner. Activity initiated or completed without the consent of the HPC and the city as required shall be considered to be in violation of this LDC.
948 949 950 951 952
2.5.4
Planned Unit Development Overlay District (PD-O) [DISCONTINUED DISTRICT] (A)
Purpose The purposes of the Planned Unit Development Overlay (PD-O) district is to allow for the continuance of planned unit developments approved prior to the effective date of this LDC.
953 954 955 956 957
(B)
Discontinued District The PD-O district is a discontinued district and is maintained in this LDC to minimize the creation of nonconformities. Applications for amendments to the Official Zoning Map for the PD-O district shall be prohibited after the effective date of this LDC.
958 959 960 961 962 963
(C)
Approved Plans Continue All preliminary and final development plans approved as part of a planned unit development prior to the effective date of this LDC shall remain in full force and effect as part of this overlay district. Provided new development in the PD-O district is in compliance with the approved plans, the development shall be considered in conformance with this LDC.
964 965 966
(D)
Amendments Amendments to any approved plans as part of a planned unit development shall be reviewed pursuant to Section 5.5.5, Amendments to the PD-O District.
967
2.6
Floating Zoning Districts
968 969
2.6.1
Neighborhood Center Floating District (NC-F) (A)
Purpose
970 971 972
(1)
The NC-F district should generally apply in areas designated as “Neighborhood Central” and “Neighborhood General 1” on the framework map of the comprehensive plan.
973 974 975 976 977
(2)
The purpose of the NC-F district is to promote and enhance the vitality of existing neighborhoods by providing for the opportunity to develop nonresidential or mixed-uses in existing neighborhoods where the principal building is designed to be consistent with the size, scale, and massing of the surrounding residential uses. Additionally, the uses should be of an intensity
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
23
Article 2: ZONING DISTRICTS AND USE REGULATIONS
978 979 980
(B)
that will create minimal traffic and noise impacts on the surrounding neighborhood. Development Standards
981 982
(1)
983 984 985 986 987 988
(2)
989 990
(C)
2.6.2
NC-F districts may only be considered on lots that are located at the intersection of two street types with a functional classification of collector and/or arterial pursuant to Section 3.11.3, Streets. Other Development Standards In addition to the standards established for the NC-F district, all development shall be subject to all other applicable standards in Article 3: Development Standards.
Economic Development Floating District (ED-F) (A)
Purpose
991 992
(1)
993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007
(2)
(B)
1008 1009 1010
All buildings shall be subject to the neighborhood compatibility standards of Section 3.5, Neighborhood Compatibility Standards.
(C)
The ED-F district should generally apply to those areas designated as â&#x20AC;&#x153;Districtâ&#x20AC;? on the framework map of the comprehensive plan.
The Economic Development Floating (ED-F) district is applied to areas of the city appropriate for employment with an urban campus type character with a focus on sustainable, high quality development that is designed in a way to preserve the cityâ&#x20AC;&#x2122;s natural resources while simultaneously promoting economic development. This district will provide opportunities for corporate administrative offices, research and development firms, and other uses that may be identified through a master planning process, to locate within the city. Land uses within the district shall be designed to minimize impact on any residential uses or environmental resources by appropriate buffering and overall subdivision design. High standards of appearance and design will be required and maintained with restrictions on outdoor storage and activities with undesirable characteristics. Site Development Standards See Section 3.2.9, ED-F District Site Development Standards for the site development standards that apply to the ED-F district. Other Development Standards In addition to the standards established for the ED-F district, all development shall be subject to all other applicable standards in Article 3: Development Standards.
1011
2.7
Permitted Principal Uses
1012 1013 1014 1015 1016
2.7.1
General Provisions
1017 1018 1019
2.7.2
Table 2.7-1 lists the principal uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in the overlay districts shall be controlled by the underlying base zoning district unless otherwise modified in the district standards of this article.
Explanation of Table of Permitted Uses (A)
Organization of Table Table 2.7-1 organizes the uses by use categories and use types.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
24
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1020 1021 1022 1023 1024 1025 1026 1027
(1)
Use Categories The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, mixeduse, commercial, etc.). The use classifications then organize land uses and activities into specific “use types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.
1028 1029 1030 1031 1032 1033
(2)
Use Types The use categories are divided into specific use types. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, single-family dwellings, two-family dwellings, and townhome clusters are some of the specific use types that fall under the “household living” use category.
1034 1035
(3)
Use Categories and Use Types Defined Use categories and use types are defined in Section 2.8, Use Definitions.
1036 1037
(B)
Symbols in Table The symbols used in Table 2.7-1 are defined as follows:
1038 1039 1040 1041 1042 1043
(1)
Permitted Uses (P) A “P” in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 2.7-1. Permitted uses are subject to all other applicable standards of this LDC, including those set forth in Article 3: Development Standards.
1044 1045 1046 1047 1048 1049 1050
(2)
Conditional Uses (C) A “C” in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use-specific standards” column of Table 2.7-1 and approval of a conditional use permit in accordance with Section 5.5.9, Conditional Use Permit are subject to all other applicable standards of this LDC, including those set forth in Article 3: Development Standards.
1051 1052 1053 1054 1055 1056 1057 1058
(3)
Pre-Existing Uses (PE) A “PE” in a cell indicates that a use type existed in the applicable zoning district prior to the effective date of this LDC and it is the intent of the city to allow the continuance of the use, regardless if the use is no longer permitted by-right (P) in the district. Pre-existing uses may continue in accordance with Section 2.12.3, Nonconforming and Pre-Existing Uses. Pre-existing uses shall register with the city through the zoning certificate process (See Section 5.5.1(B)(1), Type 1 Review Procedure).
1059 1060 1061
(4)
Prohibited Uses A cell with a “--" or a blank cell indicates that the listed use type is prohibited in the respective zoning district.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
25
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072
(5)
(C)
Use-Specific Standards The â&#x20AC;&#x153;use-specific standardsâ&#x20AC;? column of Table 2.7-1 cross-reference standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated in the use-specific standards.
Unlisted Uses If an application is submitted for a use that is not listed in Table 2.7-1, the city planner is authorized to classify the new or unlisted use, with consultation from appropriate city departments, into an existing use type that most closely fits the new or unlisted use. If no similar use determination can be made, the city planner shall refer the use to the planning commission, who may initiate an amendment to the text of this LDC to clarify where and how the use should be permitted.
1073 Table 2.7-1: Permitted Principal Uses Use Category and Use Type
Special Base Zoning Districts
--
--
Dormitories Residential-Care, Licensed In-Home for six or Fewer Persons Residential-Care, Licensed for More than six Persons Specialized Care Facilities
--
--
Group Living Use Category -- -- -- -- -- -- --
--
P
--
--
--
--
P
P
P
P
P
P
P
--
--
--
--
--
--
--
--
C
P
P
--
P
P
P
C
--
--
--
--
--
--
--
--
P
P -- -- P -- P --Household Living Use Category P P -- P P P P -P
--
--
P
--
--
--
--
--
--
--
2.9.3
Bed & Breakfast Establishments Dwelling, Multi-Family (Apartment Building with nine or more units) Dwelling, Multi-Family (Apartment House with four to eight units) Dwelling, Multi-Family (Rowhouse) Dwelling, Single-Family, Two-Family, Three-Family Live-Work Manufactured Home Park Adult Uses Animal Hospital/Veterinary Clinics Auto Service Stations City of Northfield, Minnesota DRAFT 1-13-11
P
ED-F
--
NC-F
--
P
PI-S
--
--
PB-S
P
--
CD-S[2]
PE
--
A-S
--
I1-B1
--
N2-B
--
N1-B
----
R4-B
----
R1-B
Agricultural Buildings Crop Raising Stables and Raising of Livestock Wholesale or Commercial Plant Nurseries
Agricultural Use Category -- -- -- -- -- -- --- -- -- -- -- -- --- -- -- -- -- -- ---
C2-B [4]
Use-Specific Standards in Section:
R3-B [1]
Floating Zoning Districts
R2-B [1]
* Discontinued Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table
C1-B [3]
Base Zoning Districts
P P P
----
----
-P --
----
-P --
PE P
P
--
P
P
P
P
--
--
--
--
--
--
--
2.9.13(A)(2)
--
P
P
--
P
P
P
P
--
--
--
--
--
--
--
2.9.13(A)(3)
--
P
P
--
P
P
--
P
--
--
--
--
--
--
--
2.9.13(A)(4)
P
P
P
--
P
P PE --
--
P
--
--
--
--
--
---
---
-- -- -- -- P P --- P -- -- -- -- -Commercial Use Category -- -- -- -- -- -- P -- -- -- -- PE P --- -- -- -- PE P P
---
---
---
---
---
---
2.9.10 2.9.11
----
----
----
----
----
--P
2.9.2
-- --- -PE --
Land Development Code
26
Article 2: ZONING DISTRICTS AND USE REGULATIONS
Table 2.7-1: Permitted Principal Uses Use Category and Use Type
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
NC-F
ED-F
Banks or Financial Institutions -- -- -- -- -- -- P P P -- -- -Bars, Taverns, Nightclubs, Banquet -- -- -- -- -- -- P P P -- -- -Halls Commercial Truck Storage and Parking -- -- -- -- -- -- -- -- P -- -- -Convenience Stores -- -- -- -- C -- P P --- -- -Day Care Facilities -- P P P P P P P P -- -- -Drive-Through Establishments -- -- -- -- -- -- -- P --- -- -Farm Implement Sales and Service -- -- -- -- -- -- -- P P P -- -Firearms Dealers -- -- -- -- -- -- -- -- P -- -- -Funeral Homes PE -- -- -- -- P P P P -- -- -Gasoline Station (Fuel Sales) -- -- -- -- -- -- -- P P -- -- -Greenhouses, Garden, and Landscaping -- -- -- -- -- -- -- P P P -- -Sales and Service Hotel, Motel, Extended Stay -- -- -- -- -- -- P P P -- -- -Establishments Kennels -- -- -- -- -- -- -- P P P -- -Neighborhood-serving Commercial -- -- -- -- -- P -- -- --- -- -Offices, Business -- -- -- -- -- -- P P P -- -- -Parking Lots or Ramps -- -- -- -- -- -- C P P -- -- -Personal Services -- -- -- -- -- -- P P P -- -- -Private Clubs -- -- -- -- -- -- P P --- -- -Recreational Vehicle Parks -- -- -- -- -- -- -- C --- -- -Restaurant -- -- -- -- -- -- P P P -- -- -Restaurant, Drive-through -- -- -- -- -- -- -- P --- -- -Restaurant, Limited Service PE -- -- -- C -- P P --- -- -Retail Sales and Service -- -- -- -- -- -- P P P -- -- -Theaters -- -- -- -- -- -- P P P -- -- --Vehicle, Boat or Recreational Sales & -- -- -- -- --- P P -- -- -Service Vehicle Rental -- -- -- -- -- -- P P --- -- -Industrial, Manufacturing, Research, and Wholesale Use Automobile or truck repair, including -- -- -- -- -- -- PE P P -- -- -body work Bakeries (Factory or Distribution) -- -- -- -- -- -- -- P P -- -- -Bulk Storage of Liquids -- -- -- -- -- -- -- -- C -- -- -Distribution Facilities -- -- -- -- -- -- -- P P -- -- -Industrial Uses (Indoors) -- -- -- -- -- -- C P P -- -- -Industrial Uses with Outdoor/Open -- -- -- -- -- -- -- -- P -- -- -storage of Parts, Products, or Fuels Lumberyards and Construction -- -- -- -- -- -- -- P P -- -- -Material Sales
Floating Zoning Districts
PI-S
PB-S
CD-S[2]
I1-B1
C2-B [4]
C1-B [3]
N2-B
N1-B
R4-B
R3-B [1]
R2-B [1]
R1-B
* Discontinued Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table
A-S
Special Base Zoning Districts
Base Zoning Districts
--
--
P
--
--
--
---------
-C C ------
-C C ------
--
--
--
--
--
--
---P ------P --
---------C C --
---P C --C C C P --
--
--
--
--
--
--
--
--
C
-----
-----
P C P P
--
--
P
--
--
--
Use-Specific Standards in Section:
2.9.5 2.9.6 2.9.7 2.9.8
2.9.14
2.9.16
2.9.18
2.9.4 2.9.9
27
Article 2: ZONING DISTRICTS AND USE REGULATIONS
Table 2.7-1: Permitted Principal Uses Use Category and Use Type
Special Base Zoning Districts
Essential Services Telecommunication Facilities and Antennae
R3-B [1]
R4-B
N1-B
N2-B
C1-B [3]
C2-B [4]
I1-B1
A-S
CD-S[2]
PB-S
PI-S
NC-F
ED-F
Mining, Extraction, and Aggregate Processing Mini-Warehouses Recycling of Aggregate Material Warehouses and Yards Wholesale Commercial Uses
R2-B [1]
* Discontinued Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table
Floating Zoning Districts
R1-B
Base Zoning Districts
--
--
--
--
--
--
--
--
C
C
--
--
--
--
C
-- -- -- -- -- -- -- -- P -- -- -- --- -- -- -- -- -- -- -- P P -- -- --- -- -- -- -- -- -- -- P -- -- -- --- -- -- -- -- -- -- -- P -- -- -- -Public Facilities, Telecommunication, Utilities Use Category P P P P P P P P P P P P P
-----
--P P
P
P
--
P
C
C
C
C
C
C
--
C
P
P
--
C
P
Use-Specific Standards in Section:
2.9.12
2.9.17
Public, Institutional, or Recreational Use Category -- -- -- -- -- -- -- C C P -- P -- -- -- -- -- -- -- -- -P -- P C C C C C C P P --- -- --- -- -- -- -- -- -- -- -P -- P -- -- -- -- -- -- -- P P -- -- --
Campgrounds ---Cemeteries P --Cultural Facilities C P -Golf Courses P --Hospitals/Medical Clinics P -P Open Space, Urban (Plazas), P P P -- P P P P --- -- P P P -Conservation Areas Public Access to Rivers and Streams -- -- -- -- -- -- P P P -- -- P ---Public and Semipublic Buildings C C C C C C C P P C -- P P -P Recreational Facilities, Indoor -- -- -- -- -- -- P P P P -- P P --Recreational Facilities, Outdoor [4] C C C -- C C C -- C C -- P P --2.9.15 Religious Institutions C C C C C C C C --- -- -- ---School (Elementary or Secondary) C C C -- C C C PE -C -- ---School (Institutions of Higher P/ -- -- -- -- -- -- C C ---- ---Education â&#x20AC;&#x201C; College, Seminary, or C University) School (Nursery or Kindergarten) C C C -- C C C C C C -- C ---School (Trade, Business, or Other) -- -- -- -- -- -- C C C -- -- -- ---NOTES: [1] Discontinued Zoning District [2] College related uses in the Internal Development Area of the CD-S District are Permitted Uses. College related uses in the Perimeter Transition Area of the CD-S District are Conditional Uses. [3] Within the C1-B District commercial uses are required on the ground floor, and any residential uses shall be located behind or above the commercial use. [4] Within the C2-B District, miniature golf facilities are allowed as a Permitted Use.
1074
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
28
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1075
2.8
Use Definitions
1076 1077 1078 1079 1080
2.8.1
Agricultural Use Category The agricultural use category is comprised of uses characterized by general active and ongoing agricultural uses, activities, and related uses. An agricultural use, in general, means the use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income.
1081 1082 1083
(A)
Agricultural Buildings Any building or structure, existing or erected, which is used primarily for agricultural purposes, with the exception of dwelling units.
1084 1085 1086
(B)
Crop Raising The growing and harvesting of legal agricultural crops or produce for commercial agricultural purposes.
1087 1088 1089 1090 1091
(C)
Stable and Raising of Livestock A detached accessory building for the raising and sheltering of horses and other livestock for the private use of the occupants of a principal dwelling and their guests. See also provisions for the keeping of chickens as an accessory use in Section 2.10, Accessory Uses and Structures.
1092 1093 1094
(D)
Wholesale or Commercial Plant Nurseries An establishment used for the growing, storage, and sale of legal garden plants, shrubs, trees, or vines for retail or wholesale sales.
1095 1096 1097 1098
2.8.2
Group Living Use Category Residential uses characterized by a group of unrelated persons living in a group setting where there are shared bedroom, kitchen, and/or bathroom facilities and where the group is not living as a single housekeeping unit.
1099 1100 1101 1102
(A)
Dormitories A building used principally to provide rooms for sleeping accommodations at an educational, public, or religious institution. Common kitchen, sanitary, and social gathering rooms may also be provided.
1103 1104 1105 1106 1107 1108 1109 1110 1111
(B)
Residential-Care, Licensed In-Home for Six or Fewer Persons A licensed, public or private, residential care facility located in a residential dwelling unit that provides six or fewer persons with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the client's own home. Residential facilities include, but are not limited to, state institutions for human services, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, supportive living residences for functionally impaired adults, or schools for children with developmental disabilities.
1112 1113 1114 1115 1116 1117 1118
(C)
Residential-Care, Licensed for More than Six Persons A licensed, public or private, residential care facility located in a residential dwelling unit that provides seven or more persons with a 24-hour-per-day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the client's own home. Residential facilities include, but are not limited to, state institutions for human services, foster homes, residential treatment centers, maternity shelters,
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
29
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1119 1120
group homes, residential programs, supportive living residences for functionally impaired adults, or schools for children with developmental disabilities.
1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131
(D)
2.8.3
Specialized Care Facilities Any facility where the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and in-patient care of two or more unrelated individuals, including facilities known by varying nomenclature or designation such as nursing homes, independent living facilities, assisted living facilities, memory care facilities, and hospices. This does not include the home or residence of any individual who cares for another family member as defined in Article 6.
Household Living Use Category Residential uses characterized by a family or group of unrelated persons living together as a single housekeeping unit.
1132 1133 1134 1135 1136 1137
(A)
Bed & Breakfast Establishments An owner-managed and owner-occupied residential structure used as a lodging establishment where rooms are rented on a nightly basis and in which breakfast is the only meal and is included as part of the basic compensation. All uses related to a boardinghouse and/or rooming house and/or a group residential facility, as defined in this article, shall be strictly prohibited as bed and breakfast establishments.
1138 1139 1140
(B)
Boarding House A building, other than a hotel or motel, where lodging or rooms, or both, are provided for compensation, whether directly or indirectly.
1141 1142 1143
(C)
Dwelling, Multi-Family (Apartment Building) A building designed to incorporate nine or more dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling.
1144 1145 1146 1147 1148
(D)
Dwelling, Multi-Family (Apartment House) A building designed to incorporate four to eight dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling. The apartment house is designed to appear as a large single-family dwelling unit rather than a traditional apartment building.
1149 1150 1151 1152
(E)
Dwelling, Multi-Family (Rowhouse) A group of at least four attached dwelling units, separated by fire walls, in which each residence has its separate exterior entrance and there is no internal access to adjacent dwelling units. Each dwelling unit is located on an individual lot.
1153 1154 1155
(F)
Dwelling, Single-Family Housing located on individual lots, physically unconnected with any adjacent homes, occupied by a single housekeeping unit.
1156 1157 1158
(G)
Dwelling, Two-Family A building designed or intended for occupancy by two housekeeping units, each dwelling unit to be totally separated from the other by a wall or a ceiling.
1159 1160 1161
(H)
Dwelling, Three-Family A building designed or intended for occupancy by three housekeeping units, each dwelling unit to be totally separated from the other by a wall or a ceiling.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
30
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1162 1163 1164 1165 1166
(I)
Group Residential Facility A residential facility for a group of individuals (who are not mentally ill or developmentally disabled) having full- or part-time supervisory staff providing care, education, and participation in community activities, living in a district authorizing residential uses. A retirement facility shall not be included under this definition.
1167 1168 1169 1170 1171 1172
(J)
Live Work A structure or a portion of a structure that combines a commercial activity allowed in the zone with a residential living space for the owner of the commercial business or the owner’s employee and that person’s household. The resident owner or employee of the business is responsible for the commercial activity performed within the structure.
1173 1174 1175 1176 1177 1178
(K)
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.
1179 1180 1181 1182 1183
(L)
Manufactured Home Park Any site, lot, field, or tract of land upon which two or more manufactured homes are located and includes any building, structure, vehicle, or enclosure intended for use as a part of the equipment of such manufactured home park (See also Minn. Stat. §327.14, Subd. 3).
1184 1185 1186 1187
(M)
Rooming House A residential building where sleeping rooms for lodgers is provided, and where in no dining facilities are maintained for the lodger, as distinguished from a boarding house.
1188 1189 1190 1191 1192 1193
2.8.4
Commercial Use Category Establishments that contain businesses where the intent is of realizing profit from the sale of goods and services. (A)
Adult Uses Adult uses mean any of the following activities and businesses (See Section 6.2, Definitions):
1194 1195 1196 1197 1198
(1)
1199 1200 1201 1202 1203 1204 1205
(2)
City of Northfield, Minnesota DRAFT 1-13-11
Adult Body Painting Studio An establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent, to the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas. Adult Bookstore A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audiotape, videotape, or motion picture film if such building or portion of a building excludes minors because of age and if a substantial or significant portion of such items is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. 8
Land Development Code
31
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1206 1207 1208 1209 1210 1211
(3)
Adult Cabaret A building or portion of a building for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, or depiction of specified sexual activities or specified anatomical areas.
1212 1213 1214 1215
(4)
Adult Carwash A wash facility for any type of motor vehicle that allows employees, agents, independent contractors, or other persons to appear in a state of partial or total nudity in terms of specified anatomical areas.
1216 1217 1218 1219 1220 1221
(5)
Adult Companionship Establishment A companionship establishment that excludes minors because of age and that provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
1222 1223 1224 1225 1226
(6)
Adult Conversation/Rap Parlor A conversation/rap parlor that excludes minors because of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
1227 1228 1229 1230
(7)
Adult Health/Sport Club A health or sport club which excludes minors because of age, if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
1231 1232 1233 1234 1235
(8)
Adult Hotel and Motel A hotel or motel where minors are specifically excluded from patronage because of age and where material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
1236 1237 1238 1239 1240
(9)
Adult Massage Parlor and Health Club A massage parlor or health club that restricts minors because of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
1241 1242 1243 1244 1245 1246
(10) Adult Mini-Motion Picture Theater
1247 1248 1249 1250
(11) Adult Miscellaneous Adult Use
Any building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors because of age and if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein. Any establishment, business, or service whose products or services are substantially or significantly distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
32
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1251 1252 1253 1254 1255 1256 1257
(12) Adult Modeling Studio
1258 1259 1260 1261 1262 1263 1264 1265 1266 1267
(13) Adult Motion Picture Arcade
1268 1269 1270 1271 1272 1273
(14) Adult Motion Picture Theater
1274 1275 1276
(15) Novelty Business
1277 1278 1279 1280 1281 1282
(16) Sauna
1283 1284 1285 1286 1287 1288 1289 1290
(17) Steam Room/Bathhouse Facility
1291 1292 1293 1294 1295 1296
An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. Any place to which the public is permitted or invited wherein coin- or slugoperated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The phrase "used for" in this definition means a regular and substantial course of conduct and not a onetime presentation of such material. 8
Any building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors because of age and if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein. A business that has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. A sauna that excludes minors because of age or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. Any building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors because of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (B)
Animal Hospital/Veterinary Clinics Any building or portion of a building where animals or pets are given medical or surgical treatment and are cared for at the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. A facility that includes offices and laboratories for operation and/or functioning of a research and development facility.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
33
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1297 1298 1299 1300 1301
(C)
Auto Service Stations A building, structure, or land used for the general repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, muffler, oil change and lubrication, tire service and sales, installation of accessory, or engine repair.
1302 1303 1304 1305
(D)
Banks or Financial Institutions Establishments engaged in deposit banking. Banks and financial institutions may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, credit unions, and other similar uses.
1306 1307 1308 1309 1310
(E)
Banquet Halls A facility or building available for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for on-premises consumption during scheduled events not open to the public, and/or outdoor gardens, decks, or reception facilities.
1311 1312 1313 1314
(F)
Bars, Taverns, Nightclubs Any building or structure devoted primarily to the selling, serving or dispensing and drinking of malt, vinous, or other alcoholic beverages in which the serving of food may occur incidental to the consumption of such alcoholic beverages.
1315 1316
(G)
Commercial Truck Storage and Parking A lot or building used for the storage or temporary parking of commercial vehicles.
1317 1318 1319 1320 1321
(H)
Convenience Stores A retail store where the sale of food items such as hot or cold drinks, prepackaged foods, and tobacco, road maps, magazines and other publications, , and other retail items that may be readily purchased. A convenience store does not sell gasoline or other fuels unless associated with a â&#x20AC;&#x153;gasoline station.â&#x20AC;?
1322 1323 1324
(I)
Day Care Facilities A facility providing care for children, the elderly, or functionally impaired adults in a protective setting for a portion of the day.
1325 1326 1327 1328
(J)
Drive-Through Establishments Any restaurant, financial institution, product- or service-vending enterprise where business is transacted through a window or other mechanical device with a patron who is in a vehicle.
1329 1330 1331 1332
(K)
Farm Implement Sales and Service An establishment selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.
1333 1334 1335 1336
(L)
Firearms Dealer Any person engaged in the sale, lease, trade, or other transfer of firearms or ammunition at wholesale or retail. Firearms dealer shall not include any person only in the business of repairing firearms.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
34
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1337 1338 1339 1340 1341
(M)
Funeral Homes A building, or part thereof, used for human funeral services and which may include space for the embalming and other services used in the preparation of the dead for burial, the storage of caskets, funeral urns, and other related supplies, the storage of funeral vehicles, facilities for cremation, chapels, and other related uses.
1342 1343
(N)
Gasoline Station (Fuel Sales) A facility for the retail sales of leaded, unleaded and diesel gasoline.
1344 1345 1346 1347
(O)
Greenhouses, Garden, and Landscaping Sales and Service Facilities that may include greenhouses (glassed or translucent enclosures used for the cultivation and protection of plants) and where the primary business is the sale of plants, landscaping materials, and related products.
1348 1349 1350
(P)
Hotel, Motel, Extended Stay Establishments A building in which temporary lodging, with or without meals, is offered for compensation and in which there are individual sleeping rooms.
1351 1352 1353 1354
(Q)
Kennels A facility for the boarding, breeding, raising, grooming, selling, training, or other animal husbandry activities for dogs, cats, or other animals for financial or other compensation.
1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365
(R)
Neighborhood-serving Commercial Small scale commercial uses, including retail, personal services, or professional offices, that are not otherwise included as Permitted or Conditional Uses in the N2B district, that reflect the neighborhood character or the surrounding residential context with respect to form, scale, and massing. This definition does not include adult uses, auto service stations, drive through establishments, firearms dealers, and gasoline stations (fuel sales). A neighborhood-serving commercial use is intended to serve the residents of the local area and not be a destination site for the general community that would encourage motorized traffic. Commercial or retail uses intended to draw from a larger area, and/or having a substantial reliance on vehiclebased customer trips, are better located in commercial districts.
1366 1367 1368 1369 1370
(S)
Offices, Business Establishments providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, medical, contractor, employment, advertising, design, engineering, accounting, and similar uses.
1371 1372 1373
(T)
Parking Lots or Ramps Land that is surfaced in accordance with Section 3.8, Off-Street Parking, Loading and Mobility and used for the temporary parking of vehicles.
1374 1375 1376 1377 1378 1379
(U)
Personal Services Establishments that are primarily engaged in providing services generally involving the care of the person or personâ&#x20AC;&#x2122;s possessions. Personal services may include, but are not limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
35
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1380 1381 1382 1383
(V)
Private Clubs Buildings or premises owned or operated by a corporation, association, or group of persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
1384 1385 1386 1387
(W)
Recreational Vehicle Parks A campground provided for the day use or overnight accommodations for travel trailer, pick-up camper, converted bus, tent-trailer, motor home, camping trailer, or similar vehicular dwelling used for travel, vacation, or recreational purposes.
1388 1389 1390
(X)
Restaurant An establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state, in individual servings.
1391 1392 1393 1394
(Y)
Restaurant, Drive Through A restaurant where most customers order and are served food at a counter or in a vehicle (through a drive-through establishment) in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed.
1395 1396 1397
(Z)
Restaurant, Limited Service A small-scale restaurant that serves a limited menu that may include cafes, coffee shops, and small specialty restaurants.
1398 1399 1400 1401
(AA)
Retail Sales and Service Establishments primarily engaged in the sale of goods and materials to the general public. Retail commercial uses may include, but are not limited to, bookstores, antique stores, convenience stores, bakeries, grocery stores, and other similar uses.
1402 1403 1404
(BB)
Theaters A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.
1405 1406 1407
(CC)
Vehicle, Boat or Recreational Sales and Service Facilities where new or used boats, trailers, and recreational vehicles, in operational condition, are sold or leased to customers.
1408 1409 1410
(DD)
Vehicle, Motor Sales and Rental Facilities where new or used vehicles, in operational condition, are sold, leased, or rented to customers.
1411 1412 1413 1414 1415
2.8.5
Industrial, Manufacturing, Research, and Wholesale Use Business uses associated with the manufacturing, processing, servicing, and storage of goods and materials. This use category may also include uses such as truck distribution and research facilities that have related impacts but do not necessarily involve manufacturing of products.
1416 1417 1418
(A)
Automobile or Truck Repair, Including Body Work A facility that provides service and collision repair services, including body frame straightening and repair, replacement of damaged parts, and painting.
1419 1420 1421
(B)
Bakeries (Factory or Distribution) A facility for the production of wholesale baked goods but where over-the-counter retail dispensing of said baked goods is prohibited.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
36
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1422 1423 1424
(C)
Bulk Storage of Liquids A use associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids.
1425 1426 1427
(D)
Distribution Facilities A use where goods are received and/or stored for delivery to the ultimate customer or user at remote locations.
1428 1429 1430 1431
(E)
Industrial Uses (Indoors) A facility for the manufacturing, processing, or assembly of products within a fully enclosed structure where noise, odor, light, or vibrations is not noticeable from the adjacent properties.
1432
(F)
Industrial Uses with Outdoor/Open Storage of Parts, Products, or Fuels
1433 1434 1435 1436 1437
(1)
1438 1439 1440 1441 1442 1443
(2)
1444
(G)
(H)
Outdoor/open storage of parts, products, or fuels (exterior storage) means any land used or occupied for the purpose of the storing of the goods and materials used for the principal industrial use. Lumberyards and Construction Material Sales Lots and related structures used for the sale of construction materials, lumber, and related materials that may or may not be within an enclosed structure. Mining, Extraction, and Aggregate Processing
1445 1446 1447 1448 1449 1450
(1)
1451 1452 1453 1454 1455 1456 1457 1458 1459 1460
(2)
1461 1462 1463
(I)
(J)
Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials and also uses engaged in the operation, parking, and maintenance of vehicles, cleaning of equipment or work processes involving solvents, recycling establishments, truck terminals, public works yards, and container storage.
Mining means the extraction of sand, gravel, rock, soil or other material from the land and either the removing thereof from the site or processing the extracted materials. The only exclusion from this definition shall be removal of materials associated with construction of a building (e.g. removal of soil and rock for footings and basements), provided such removal is an approved item in the building permit.
Extraction means any artificial or mechanical act by which earth, sand, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or moved and shall include the conditions resulting therefrom, including but not limited to gravel pits and not including the impacts of such operation. Mini-Warehouses A building or group of buildings in a controlled access compound that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customerâ&#x20AC;&#x2122;s goods or wares. Such facilities do not include sales, service, or storage of hazardous materials. Recycling of Aggregate Material A facility or site used to recycle aggregate materials such as concrete, asphalt, and other composite materials.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
37
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1464 1465 1466 1467 1468
(K)
Warehouses and Yards Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public unless permitted as an accessory use to the warehouse. This may include the storage of construction materials for contracting and related equipment and any office space associated with such use.
1469 1470 1471 1472 1473
(L)
Wholesale Commercial Use The sale of merchandise, much of which is stored on the premises, to retail and service commercial uses, office uses, or institutional uses, or to other wholesalers, but not to the general public. Wholesale commercial uses may also mean acting as an agent or broker in the buying or selling of merchandise.
1474 1475 1476 1477 1478 1479 1480 1481 1482
2.8.6
1483 1484 1485 1486 1487 1488 1489 1490 1491
2.8.7
Public Facilities, Telecommunication, Utilities Use Category (A)
Essential Services Essential services means overhead or underground electrical, gas, steam or water distribution systems and structures or collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, and accessories in connection therewith, but not including buildings.
(B)
Telecommunication Facilities and Antennas A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals and telecommunication towers or similar structures supporting the equipment, equipment buildings, parking areas, other accessory development and related equipment.
Public, Institutional, or Recreational Use Category Uses that are related to government provided services, non-profit services, institutional uses, and the recreational field.
1492 1493 1494 1495
(A)
Campgrounds Temporary or permanent buildings, tents, or other structures established or maintained as a temporary living quarters, operated continuously for a period of five days or more for recreation, religious, education or vacation purposes.
1496 1497 1498 1499
(B)
Cemeteries Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.
1500 1501 1502 1503 1504
(C)
Cultural Facilities Public or private facilities with the primary function of display, performance, or enjoyment of heritage, history, or the arts. This use includes, but is not limited to, museums, libraries, art performance venues, cultural centers, and interpretative sites but does not include â&#x20AC;&#x153;theaters.â&#x20AC;?
1505 1506 1507 1508
(D)
Golf Courses A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
38
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1509 1510 1511
(E)
Hospitals/Medical Clinics An institution which provides inpatient and outpatient medical and/or surgical care to sick or injured persons.
1512 1513 1514 1515 1516
(F)
Open Space and Conservation Areas Parks or open spaces where there is no grading of the land, the construction of facilities, lighting, or development of ball fields with the exception that passive parks, recreational facilities, and conservation areas may include the development of trails and sidewalks.
1517 1518 1519 1520 1521 1522
(G)
Open Spaces, Urban (Plazas) Open spaces that are strategically placed to serve a specialized community function. An urban open space is for active use and may be configured as a formal green, square, plaza, park, playground, or community garden. A preserved open space allows only passive recreational uses and may be a project boundary buffer or above-ground stormwater management area or a natural area worthy of preservation.
1523 1524 1525 1526
(H)
Public Accesses to Rivers and Streams Shall mean land or facilities that provide a point of access to rivers and streams for public use including, but not limited to, access for boating, swimming, and fishing where allowed by law.
1527 1528 1529 1530 1531 1532
(I)
Public and Semipublic Buildings Public or civic uses of special significance to residents, employees, or visitors. Public and semipublic buildings are used for the following purposes: community services, day care, education, government, places of worship, or social services. Public and semipublic buildings do not include retail buildings, residential buildings, or buildings with private offices.
1533 1534 1535 1536
(J)
Recreational Facilities, Indoor Indoor Recreational Facility shall mean public or private recreational facilities located completely within an enclosed building that includes, but is not limited to, bowling alleys, roller and ice skating rinks, and driving ranges.
1537 1538 1539 1540 1541
(K)
Recreational Facilities, Outdoor A park or recreational facility that requires grading of the land, construction of facilities, and lighting, or is developed for ball fields, tennis courts, swimming pools, skate parks, disc golf, miniature golf courses and other active sports facilities with the exception of bike and hike trails.
1542 1543 1544 1545 1546
(L)
Religious Institutions A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
1547 1548 1549 1550
(M)
Schools (Elementary or Secondary) Buildings or structures used to teach students that may include primary schools, elementary schools, middle schools, or high schools. Elementary or secondary schools shall not include colleges, vocational schools, and other similar uses.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
39
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1551 1552 1553 1554 1555 1556 1557
(N)
Schools, Institutions of Higher Education (College, Seminary, or University) Public or other not-for-profit schools conducting regular academic instruction at the college level, including graduate schools, universities, community and junior colleges, colleges, non-profit research institutions, seminaries, and religious institutions, and including related instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. Such schools must either:
1558 1559
(1)
Offer general academic instruction equivalent to the standards prescribed by the state board of education, or
1560 1561
(2)
Confer degrees as a college or university, junior college or community college with undergraduate or graduate standing, or
1562
(3)
Conduct research, or
1563 1564 1565 1566
(4)
Give religious instruction. This definition does not include schools, academies or institutions, incorporated or otherwise, which operate for profit, nor does it include commercial, trade or business schools.
1567 1568 1569 1570 1571
(O)
Schools (Nursery or Kindergarten) A school providing general daytime care and/or instruction for children 12 years of age or younger which conducts no instructional programs certified by the state board of education as meeting the minimum educational requirements for compulsory-age children (ages 6-18 years).
1572 1573 1574
(P)
Schools (Trade, Business, or Other) A school operated for profit, which teaches business, professional or technical trades or skills, or a school not otherwise included within the provisions of this LDC.
1575
2.9
Use-Specific Standards
1576 1577 1578 1579 1580 1581
2.9.1
Purpose and Applicability
1582 1583
2.9.2
(A) (B)
This section provides site planning, development, and/or operating standards for certain land uses that are permitted or conditionally permitted in Table 2.7-1. The land uses and activities covered by this section shall comply with the applicable standards for the specific use in all districts unless otherwise specified, in addition to all other applicable provisions of this LDC.
Adult Uses (A)
Purpose
1584 1585 1586 1587 1588
(1)
The state attorney general prepared a report entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989. The report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses, also called adult establishments.
1589 1590 1591 1592 1593
(2)
The attorney general's report, based upon the studies referenced in paragraph (1) above and the testimony presented to it, concluded “that sexually oriented businesses are associated with high crime rates and depression of property values.” In addition, the attorney general’s working group “…heard testimony that the character of a neighborhood can dramatically change when
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
40
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1594 1595
there is a concentration of sexually oriented businesses adjacent to residential property.â&#x20AC;? The report concluded that:
1596 1597
(a)
Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses;
1598 1599 1600 1601
(b)
Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transience, and decreased stability of ownership;
1602 1603
(c)
The adverse impacts that adult uses have on surrounding areas diminish as the distance from the adult use increases;
1604 1605 1606 1607
(d)
Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior;
1608 1609 1610
(e)
The City of Phoenix, Arizona, study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses;
1611 1612
(f)
Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses;
1613 1614 1615 1616
(g)
Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses;
1617 1618 1619 1620
(h)
The Indianapolis, Indiana, study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one- to three-block area of the store;
1621 1622
(i)
The adverse impacts of adult uses are exacerbated when the uses are located near each other; and
1623 1624
(j)
The presence of liquor establishments in the immediate vicinity of adult uses also compounds the adverse impacts on the neighborhood.
1625 1626
(3)
The city council finds that the characteristics of the city are similar to those of the cities cited by the report when considering the effects of adult uses.
1627 1628 1629
(4)
The city council finds, based upon the report and the studies cited therein, that adult uses will have secondary effects upon certain pre-existing land uses within the city.
1630 1631 1632 1633 1634 1635 1636
(5)
The city council finds that adult uses could reasonably be allowed in an industrial district if separated from certain sensitive land uses, if those same sensitive land uses are not allowed in an industrial district, and if potential adult uses are separated from one another. The city council also finds that there are a reasonable number of distinct locations within the city's industrial districts where adult uses might locate and meet reasonable spacing standards from sensitive land uses and from one another.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
41
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1637 1638 1639 1640
(B)
Location of Adult Uses Table 2.9-1 illustrates the minimum setbacks for adult uses from certain specified uses and districts. Measurements shall be made in a direct line from the nearest point on the property line of each premise where such use is located.
1641 Table 2.9-1: Adult Use Setback Requirements Setback Distance 400 Feet 400 Feet
500 Feet
From Nearest lot line of any residential zoning district, existing residential use, or PD-O district. Day care center, school, youth organization facility, establishment with a liquor license, library, park, religious institution, playground or other public recreational facility, not including trails or walkways. Nearest lot line of any other adult use.
1642 1643 1644
2.9.3
Bed and Breakfast Establishments Bed and breakfast establishments are subject to the following standards:
1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666
(A) (B)
(C)
(D) (E) (F)
(G)
(H)
1667 1668
2.9.4
1669 1670 1671
2.9.5
The owner shall reside on the property. The establishment shall comply with the city rental ordinance in the Chapter 14, Article III, and liquor license regulations in Chapter 6, both chapters from the Northfield Municipal Code. The establishment shall conform with state health and building code requirements and shall show proof of inspection or proof of proper operating licenses by the state and/or county. Only overnight guests shall be served unless otherwise authorized as part of the conditional use permit approval. The facility shall be limited to no more than four guestrooms with a maximum guest capacity as determined by fire and building regulations. A minimum of one off-street parking space for each guestroom and two off-street parking spaces for the resident owner-manager shall be required. All parking areas for four or more vehicles shall meet the standards of Section 3.8, Off-Street Parking, Loading, and Mobility, and shall be set back a minimum of ten feet from all property lines, and shall be screened from adjacent residential uses and public streets. On-premises advertising for any bed and breakfast establishment shall comply with the cityâ&#x20AC;&#x2122;s sign regulations in Section 3.7, Signage. The content of any such sign shall be limited to identifying not more than the name and address of the facility. No sign shall be internally illuminated. No external vending machines shall be allowed.
Bulk Storage of Liquids The bulk storage of liquids shall be subject to all applicable local, state, and federal laws.
Day Care Facilities (A)
Day care facilities shall be subject to all standards of this LDC and requirements imposed by the State of Minnesota.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
42
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1672 1673 1674 1675 1676 1677 1678 1679
(B)
2.9.6
Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.
Drive-Through Establishments The following standards shall apply to businesses that contain a drive-through establishment, regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine). (A)
General Standards
1680 1681 1682 1683
(1)
Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 300 feet of any residential dwelling unit, and shall not be audible at levels greater than those established in Section 3.3.4(I), Noise.
1684 1685 1686 1687 1688
(2)
All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.
1689 1690 1691 1692 1693 1694 1695
(3)
1696 1697 1698 1699 1700
(B)
(C)
A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential district. Building Location A commercial building associated with a drive-through establishment shall be located at the property line along the street. If the property is a corner lot, the building shall be located no more than ten feet from the property line on the corner street side. Stacking Space and Lane Requirements
(1)
The number of required stacking spaces shall be as provided for in Table 2.92.
Table 2.9-2: Stacking Space Requirements Activity Bank, Financial Institution or Automated Teller Machine (ATM) Restaurant Full Service Car/Truck Wash Self-Service or Automated Car/Truck Wash Fuel or Gasoline Pump Island Other
Minimum Stacking Spaces (per lane)
Measured From:
3
Teller or Window
6 Pick-Up Window 6 Outside of Washing Bay 2 Outside of Washing Bay 2 Pump Island As determined by the City Planner
1701 1702 1703
(2)
1704
Stacking lanes shall be provided for any use having a drive-through establishment and shall comply with the following standards: (a)
City of Northfield, Minnesota DRAFT 1-13-11
Drive-through stacking lanes shall have a minimum width of ten feet.
Land Development Code
43
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1705 1706 1707
(b)
When stacking lanes are separated from other stacking lanes, bypass lanes or from other site areas, the separation shall be by means of a raised concrete median, concrete curb, or landscaping.
1708
(c)
Stacking lanes shall be set back 25 feet from rights-of-way.
1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719
2.9.7
1720 1721 1722
2.9.8
1723 1724 1725 1726 1727
Firearms Dealers (A)
(B) (C) (D) (E)
Firearms dealers shall be located at least 500 feet from residential dwellings, religious institutions, schools (Grades K through 12), child care centers, residences, family or group family day cares, libraries, or parks. No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from any public right-of-way. Firing ranges shall be prohibited. The use shall meet all applicable standards mandated by Minnesota statutes. A firearms dealer in conformance with these regulations as of the effective date of this LDC shall be permitted to continue as a nonconforming use in accordance with the provisions for non-conforming uses and structures.
Gasoline Stations (Fuel Sales) The layout of a gasoline station site and its site features shall comply with the following standards. (A)
Building Location A commercial building associated with a gasoline station shall be located at the property line along the street. If the property is a corner lot, the building shall be located no more than ten feet from the property line on the corner street side (See Figure 2-1).
1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746
Figure 2-1: A building associated with a gas station is required to be close to the street to create a well-defined street edge. (B)
Pump Canopies
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Pump canopies shall be setback at least 15 feet from any side or rear property line. This setback is measured from the outer edge of the canopy to the property line.
Land Development Code
44
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1747 1748 1749
(2)
1750 1751 1752 1753 1754 1755
(3)
1756 1757 1758 1759
(C)
2.9.9
Canopy height, as measured from the finished grade to the lowest point on the canopy fascia, should not exceed 14 feet. The overall height of a canopy should not exceed 17 feet.
Signs, including lighted bands or tubes applied in corporate colors, shall not be located on the canopy. Signs may be located on the pump islands. Pavement A service station site shall be paved with a permanent surface of concrete or asphalt material. Any unpaved portion of the site shall be landscaped and separated from the paved area by curbs or other barrier.
Industrial Uses (Indoors) Industrial uses (indoors) located within areas zoned C1-B shall adhere to the following use specific standards in addition to all standards found in Section 3.2.3, C1-B District Site Development Standards.
1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770
(A)
1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792
2.9.10 Live/Work
(B)
(C) (D)
(A) (B)
(C)
(D) (E)
(F)
Industrial uses indoors shall be limited to no more 50 percent of the area of a building or 5,000 square feet, whichever is less. Industrial uses indoors, if on the first floor, shall be located in the rear portion of the building so that the front one half of the building is used for any commercial use permitted in the C1-B district. Indoor uses may be located on any floor either above or below grade meeting all other code requirements. All vertical and horizontal separation requirements of the building code shall be strictly applicable to industrial uses indoors located in the C1-B. The performance standards found in Section 3.3.4, Performance Standards of this LDC shall be strictly applicable to industrial uses indoors that are located in the CIB district. The residential portion of a live/work use shall not occupy more than 50 percent of the entire square footage of the structure. The residential portion of the live/work use, if located on the ground floor, shall be completely located behind the commercial portion of the building such that the ground floor street faรงade is a commercial use and commercial faรงade. The residential portion of the live/work use shall have at least one entrance that exits to grade and is separate from any commercial entrance or commercial portion of the structure. Work units are subject to Section 3.3.4, Performance Standards. Signage regulations for live/work units shall adhere to Section 3.7, Signage, except that pylon and internally lit ground signs, are prohibited. Signage shall be externally lit and downcast. For a graphic image of an example of a live/work structure (See Figure 2-2) below.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
45
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811
Figure 2-2: Example of a live/work unit. (G)
The following are business activities that are prohibited as work units:
1812
(1)
Automotive and other vehicle repair and service;
1813 1814
(2)
Construction contractor facilities and storage (an office-only use is allowed) and other outdoor storage;
1815
(3)
Dismantling, junk, or scrap yards;
1816 1817 1818
(4)
Parking on, or dispatching from the site any vehicle used in conjunction with an automobile wrecking or towing service, or with a taxi or similar passenger or delivery service, whether based on the site or elsewhere;
1819
(5)
Welding and machine shop operations;
1820
(6)
Wood cutting businesses; or
1821
(7)
Other similar uses as determined by the city planner.
1822 1823 1824
2.9.11 Manufactured Home Parks (A)
Public Health Standards Public health standards for manufactured home parks shall be as follows:
1825 1826 1827 1828 1829
(1)
The condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion shall be subject to unpredictable and/or sudden flooding.
1830 1831 1832 1833
(2)
All manufactured homes shall be properly connected to a central water supply and a central sanitary sewer system. All water and sewer systems shall be constructed in accordance with plans and specifications approved by the city and the state department of health.
1834 1835 1836
(3)
The storage, collection, and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards, or air pollution.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
46
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1837
(B)
Streets in the R4-B District
1838 1839 1840 1841
(1)
All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads. Each manufactured home lot shall be provided access by a system of private streets, driveways, or other means of access within the park.
1842 1843 1844 1845
(2)
Entrances to manufactured home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No vehicle parking shall be permitted on the park entrance street for a distance of 100 feet from its point of intersect with a public street.
1846 1847 1848
(3)
Private surfaced roadways within the park shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:
1849 1850 1851 1852 1853
(a)
All streets shall meet the street width requirements for a local street (residential) as defined in Section 3.11.3, Streets, unless they are minor streets that are no more than 500 feet long and serve less than 25 manufactured homes. In such cases, the minor street shall have a minimum width of 20 feet.
1854 1855 1856 1857
(b)
Dead-end streets shall be limited in length to 500 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 90 feet. All dead-end streets shall be marked with approved signs at the entrance to the dead-end street.
1858 1859 1860 1861
(4)
All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained in a satisfactory condition.
1862 1863 1864
(a)
Longitudinal grades of all streets shall range between 0.40 percent and 8.00 percent. Transverse grades of all streets shall be sufficient to ensure adequate transverse drainage.
1865
(b)
Streets within 50 feet of an intersection shall be at right angles.
1866 1867 1868
(c)
A distance of at least 85 feet shall be maintained between the centerlines of offset intersecting streets within the park. Intersections of more than two streets at one point shall be avoided.
1869
(C)
Sidewalks
1870 1871 1872
(1)
1873 1874 1875 1876
(2)
(D)
Each manufactured home stand shall have a sidewalk or other walkway connecting the stand to the public street and any sidewalk or public walk system.
A common sidewalk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such sidewalks shall have a minimum width of five feet. Other Design Standards
1877 1878
(1)
Lighting in an R4-B district shall be subject to the standards of Section 3.3.3, Outdoor Lighting Standards.
1879 1880 1881
(2)
Each manufactured home stand shall have off-street parking space for at least two automobiles. Spaces shall meet the minimum design standards of Section 3.8, Off-Street Parking, Loading, and Mobility.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
47
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1882 1883 1884 1885 1886
(3)
1887 1888 1889 1890
(4)
1891
(E)
A properly landscaped area shall be adequately maintained around each manufactured home park. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
All manufactured home parks shall be subject to the landscaping and screening requirements of Section 3.6, Landscape, Screening, and Buffering Standards. Manufactured Home Stands
(1)
The general design standards for manufactured home stands are as follows:
1892
(a)
Each park may have up to 200 manufactured home stands.
1893 1894 1895
(b)
The manufactured home stand shall provide for the practical placement of the manufactured home and removal of the manufactured home from the manufactured home space.
1896 1897
(c)
Access to the manufactured home stand shall be kept free of trees or other immovable obstructions.
1898 1899 1900 1901 1902 1903 1904 1905 1906
(d)
The manufactured home stand shall be constructed of appropriate material (such as concrete), be properly graded, placed and compacted in order to provide durable and adequate support of the maximum loads during all seasons of the year. The manufactured home stand shall react as a fixed support and remain intact under the weight of the manufactured home due to frost action, inadequate drainage, vibration, wind, or other forces acting on the structure. Adequate surface drainage shall be obtained by proper grading of the manufactured home stand and the manufactured home space.
1907 1908
(e)
Manufactured home stands shall not occupy an area in excess of onethird of the respective manufactured home space.
1909 1910 1911 1912 1913
(f)
Ground anchors shall be installed by the lot owner or developer at each manufactured home stand, prior to or when the manufactured home is located thereon to permit tiedowns of the manufactured home. Ground anchors shall meet manufacturerâ&#x20AC;&#x2122;s recommendations and applicable administrative rules of the State of Minnesota.
1914 1915 1916 1917
(g)
Every owner or occupant of a manufactured home shall secure the same against wind damage, and every owner, operator or person in charge and control of a manufactured home park shall inspect and enforce this requirement.
1918 1919 1920 1921 1922 1923 1924
(h)
The frame, wheels, crawl space, storage areas, and utility connections of all manufactured homes shall be concealed from view by skirting made of durable all-weather construction material that is consistent with the exterior of the manufactured home. Installation of the skirting must be completed within 60 days of the placement of the manufactured home on the stand. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities.
1925 1926
(2)
1927
The dimensional requirements for manufactured homes and manufactured home stands shall be as follows: (a)
City of Northfield, Minnesota DRAFT 1-13-11
There shall be a minimum lot width of 35 feet. Land Development Code
48
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1928 1929 1930
(b)
Manufactured homes shall be set back a minimum of 20 feet from the edge of the street pavement for internal streets and 40 feet from any right-of-way of a public street.
1931 1932
(c)
There shall be a minimum setback of 20 feet from all other manufactured homes or principal buildings in the park.
1933 1934
(d)
The setback between manufactured homes and accessory buildings shall be five feet.
1935 1936 1937 1938 1939 1940 1941 1942
(F)
Structures Every structure in the manufactured home park shall be developed and maintained in a safe, approved, and substantial manner. A building permit shall be required for all structures and shall conform to the state building code. The exterior of every such structure shall be kept in good repair. Portable fire extinguishers rated for electrical and liquid fires shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants. All structures shall also require a smoke detector.
1943
(G)
Community Buildings
1944 1945 1946 1947
(1)
1948 1949 1950 1951 1952 1953 1954 1955
(2)
(H)
Each manufactured home park shall have one or more central community buildings with central heating that must be maintained in a safe, clean, and sanitary condition. The building shall be constructed in such a manner as to provide safe conditions during storms.
All manufactured home parks shall have an area set aside for long-term storage for such items as boats, boat trailers, hauling trailers, and other equipment not generally stored within each manufactured home and/or utility building on the manufactured home lot. This storage area shall be screened with a fence or enclosure so as to not be visible. Park Management Management of the manufactured home park shall be in accordance with the following:
1956 1957 1958 1959
(1)
The operator of a manufactured home park shall operate the park in compliance with this section and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
1960 1961 1962
(2)
The operator shall notify park occupants of all applicable subsections of this section and inform them of their duties and responsibilities under this Section.
1963 1964 1965 1966
(3)
The operator of every manufactured home park shall maintain a registry in the office of the manufactured home park indicating the name and address of each permanent resident. Each manufactured home site shall be identified by number, letter or both.
1967
(4)
No public address or loudspeaker system shall be permitted.
1968 1969 1970 1971 1972
2.9.12 Mining, Extraction, and Aggregate Processing (A)
Purpose The purpose of this section is to control mining, extraction, and aggregate processing so as to minimize conflicts with adjacent land uses and to ensure that the mining area is restored at the completion of the mining operation.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
49
Article 2: ZONING DISTRICTS AND USE REGULATIONS
1973 1974
(B)
Scope The following operations shall be covered by this section:
1975 1976
(1)
The removal, crushing, washing, refining, borrowing or processing of material.
1977 1978 1979
(2)
In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone, and the storing or stockpiling of such products on the site.
1980 1981 1982 1983 1984 1985 1986
(3)
1987 1988
(C)
The manufacture of concrete building blocks or other similar blocks, if conducted on the site, the production or manufacture of lime products, the production of ready-mixed concrete and any similar production or manufacturing processes that might be related to the mining operations. Performance Standards For such operations approved after the effective date of this LDC, the following are required:
(1)
The cutting of vegetation and construction, maintenance and operation of equipment shall be in accordance with the following:
1989 1990 1991
(a)
Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to minimize seeding on adjacent property.
1992 1993 1994 1995
(b)
All equipment used for mining and extraction operations shall be constructed, maintained and operated in such a manner as to minimize, as far as is practicable, noises, dust and vibrations adversely affecting the surrounding property.
1996 1997 1998
(2)
The mining and extraction operation shall be conducted in such a manner as to minimize interference with the surface water drainage outside of the boundaries of the mining operation.
1999 2000
(3)
Safety fencing may be required around all or portions of the mining operation.
2001 2002 2003 2004
(4)
The intersection of mining access roads with any public roads shall be selected such that traffic on the access roads will have a sufficient distance of public roads in view so that any turns onto the public road can be completed with a margin of safety as determined by the city engineer.
2005 2006 2007 2008 2009
(5)
To minimize problems of dust and noise and to shield mining operations from public view, a screening barrier may be required between the mining site and adjacent properties. A screening barrier may also be required between the mining site and any public road located within 500 feet of any mining or processing operations.
2010 2011 2012 2013 2014
(6)
Mining operations shall not be conducted closer than 30 feet to the right-ofway line of any existing or platted street, road or highway, except that excavating may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing or platted street, road or highway.
2015 2016
(7)
All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
50
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2017 2018 2019
(8)
All access roads from mining operations to public highways, roads or streets or to adjoining property shall be paved or surfaced to minimize dust considerations.
2020 2021
(9)
Mining operations within the WS-O district shall be conducted in accordance with the following:
2022 2023
(a)
Commercial manufacturing of sand and gravel byproducts shall be a prohibited use.
2024 2025 2026 2027 2028
(b)
Mining operations shall not take place within 300 feet of the Cannon River. This distance does not apply to water pumps needed for mining operations. However, appropriation of water from the river shall require a permit from the Minnesota Department of Natural Resources
2029 2030
(c)
No sand and gravel operation shall be conducted on parcels of land or a combination of parcels less than 20 acres.
2031 2032 2033 2034 2035 2036
(10) Stormwater and process water runoff from the site shall be treated so as not (D)
to degrade received waters. Land Rehabilitation All mining sites shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be complete within one year. The following standards shall apply:
2037 2038 2039 2040 2041 2042 2043 2044
(1)
Within three months after the final termination of a mining operation or within three months after abandonment of such operation for a period of six months or within three months after expiration of a mining permit, all buildings and structures incidental to such operation shall be dismantled and removed by, and at the expense of, the mining operator last operating such buildings and structures. A temporary extension may be granted by the planning commission for one year, after which the buildings, structures, and machinery shall be removed.
2045 2046 2047 2048
(2)
The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a gently rolling topography, not exceeding 18 percent in grade, in substantial conformity to the land area immediately surrounding.
2049 2050 2051 2052 2053
(3)
Reclamation shall begin after the mining of 25 percent of the total area (planned for mining) or the first four acres of area is mined, whichever is less. Once these areas have been depleted of the mine deposit, they shall be sloped and seeded as per the mining plan approved through the conditional use permit process.
2054 2055 2056 2057 2058
(4)
Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least six inches. The topsoil shall be seeded, or planted with legumes and grasses. Trees and shrubs may also be planted, but not as a substitute for legumes and grasses.
2059 2060
2.9.13 Multi-Family Dwellings
2061
(1)
(A)
Standards in the N2-B District
City of Northfield, Minnesota DRAFT 1-13-11
General Standards Land Development Code
51
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2062 2063
(a)
Standards for building location for multi-family buildings are found in Table 3.2-2.
2064 2065
(b)
All multi-family dwellings shall be oriented so that a primary entrance faces the street from which the building is addressed.
2066 2067
(c)
Side façades shall incorporate a minimum of 15 percent façade area glazing.
2068 2069
(d)
Garages serving multi-family buildings shall be located to the side or rear of such buildings.
2070 2071 2072
(e)
To the degree practicable, all rooftop mechanical equipment shall be located on the rear elevations or configured to have a minimal visual impact as seen from the street (see Section 3.6.10(B)(4)).
2073 2074 2075
(f)
Except for structures designed for persons with physical disabilities, the finished floor elevation at the front façade shall be located above grade in accordance with the following standards:
2076 2077 2078
(i)
If the building is located 15 feet or less from the front property line, the finished floor elevation of the front façade shall be a minimum of 18 inches above grade;
2079 2080 2081 2082
(ii)
Exposed foundation walls or piers shall be clad in face brick, stone, stucco or some other masonry material accurately imitating these materials. Screening shall be installed between piers on front and side building façades.
2083
(2)
Apartment Building with Nine or More Units
2084 2085 2086
(a)
Front façades shall incorporate wall offsets in the form of projections and/or recesses in the façade plane a minimum of every 40 feet of façade frontage.
2087
(b)
Wall offsets shall have a minimum depth of two feet.
2088
(c)
Each apartment unit at grade shall have a separate entrance.
2089 2090 2091
(d)
If an apartment building is constructed with a height of between 40 and 50 feet, the building shall incorporate one of the requirements listed below:
2092 2093
(i)
Be located a distance of 25 feet from the front yard property line rather than 15 feet; or
2094
(ii)
Incorporate a courtyard as regulated in subsection (e), below; or
2095 2096
(iii)
The height of the building above 40 feet shall be set back five feet from the building façade.
2097 2098
(e)
If an apartment building has a courtyard, the courtyard shall be constructed with the following standards:
2099 2100
(i)
Courtyards shall be designed to provide a central courtyard along the front yard (see Figure 2-3).
2101 2102
(ii)
Minimum courtyard dimensions shall be 30 feet wide and 30 feet deep.
2103 2104
(iii)
Building wings facing the courtyard shall be constructed at the front building location as shown in Table 3.2-2.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
52
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2105 2106
(iv)
Courtyards shall be connected to the public right-of-way by a minimum five foot wide sidewalk.
2107 2108
(v)
The main entrance to each ground floor apartment unit shall be directly off the courtyard or directly from the street.
2109 2110
(vi)
The courtyard shall be enclosed with a fence or garden wall so that the building street face will be viewed as continuous.
2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128
Figure 2-3: Illustration of a courtyard for a building with nine or more units
(3)
Apartment House with Four to Eight Units
2129 2130
(a)
Apartment houses may have common interior entries or separate exterior entries to each individual unit.
2131 2132 2133 2134 2135
(b)
Apartment houses shall be give the appearance of a large singlefamily detached home through the use of porches, pillars, bay windows, dormer windows, cupolas, roof line changes, parapets, multiple windows, and similar architectural treatments (see Figure 24).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
53
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153
Figure 2-4: The image above illustrates how multiple design features are incorporated to de-emphasize the fact that this is a single structure.
2154
(4)
Rowhouse
2155 2156
(a)
Each rowhouse unit shall include a front stoop that may encroach into the building setback (See Figure 2-5).
2157 2158
(b)
Patios facing streets shall be enclosed with fencing or a similar barrier.
2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183
Figure 2-5: Illustration of a front stoop required for each rowhouse unit
2.9.14 Neighborhood-serving Commercial (A)
(B)
A neighborhood-serving commercial shall be allowed in the N2-B district provided it is located at least one half mile from other neighborhood-serving commercial uses. Buildings associated with a neighborhood-serving commercial use are limited to 3,500 square feet in size on the ground level, may contain no more than two stories, and may contain a residential component.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
54
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2184 2185
(C)
Development subject to requirements of this section shall comply with the following standards:
2186 2187 2188
(1)
Site Plan Review The standards of this section shall be reviewed through the site plan review process established in Section 5.5.6, Site Plan Review.
2189
(2)
Site Layout
2190
(a)
Off-Street Parking
2191 2192
(i)
The total amount of off-street parking shall be as specified in Section 3.8, Off-Street Parking, Loading, and Mobility.
2193 2194
(ii)
Off-street parking shall be established in one of the following locations (listed in priority order):
2195 2196 2197 2198 2199 2200 2201 2202 2203
(b)
Behind the building; Adjacent to lot lines abutting nonresidential development; On a lot’s corner side; Off-street parking may be established adjacent to lot lines abutting residential uses only if the applicant can demonstrate that there is no other alternative location for the parking, and can demonstrate that the parking area will be screened from view.
Landscaping/Screening
2204 2205 2206
Screening established with vegetation, walls, fences, berms, or a combination of these features shall be as required in Table 3.6-4, as prescribed for a required buffer area “A.”
2207 2208
(i)
Screening shall not interfere with public sidewalks or improved pedestrian connections.
2209 2210 2211 2212
(ii)
Mechanical equipment, waste receptacles, and recycling containers shall be fully screened from adjacent residential uses by a fence, wall, landscaping, or combination of these features (See Section 3.6.10, Screening Requirements).
2213
(c)
Outdoor Lighting
2214
Outdoor lighting shall:
2215
(i)
Have a maximum height of 15 feet;
2216
(ii)
Be fully-shielded;
2217
(iii)
Be configured so that the source of illumination is not visible;
2218
(iv)
Be directed down and away from adjacent residential lots; and
2219 2220
(v)
The requirements of Section 3.3.3, Outdoor Lighting Standards, shall also apply.
2221 2222 2223
(d)
City of Northfield, Minnesota DRAFT 1-13-11
Signage regulations for neighborhood serving commercial uses shall adhere to Section 3.7, Signage, except that pylon and ground signs are prohibited.
Land Development Code
55
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2224 2225 2226 2227
2.9.15 Recreational Facilities, Outdoor
2228 2229 2230 2231
2.9.16 Retail Sales and Service
2232 2233 2234 2235 2236
2.9.17 Telecommunication Facilities and Antennas
Outdoor recreational facilities may only be considered for a conditional use permit in the R1-B, R2-B, R3-B, N1-B, N2-B, C1-B, I1-B and A-S districts when it is accessory to a school. Retail sales and service may be permitted in the I1-B and ED-F districts provided that the total square footage of retail sales is limited to a maximum of 20 percent of the total floor area and is related to items manufactured on site. (A)
Purpose In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the city council finds that this section is necessary in order to:
2237 2238
(1)
Facilitate the provision of telecommunication services to the residents and businesses of the city;
2239 2240
(2)
Minimize adverse visual effects of towers through careful design and siting standards;
2241 2242
(3)
Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
2243 2244 2245 2246 2247
(4) (B)
Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas. Exemptions The following telecommunication facilities and antennas, included but not limited to, shall be exempt from the following zoning requirements.
2248 2249 2250 2251
(1)
A single ground- or building-mounted receive-only radio or television antenna, including any mast, for the sole use of the resident occupying a residential parcel on which the radio or television antenna is located, with an antenna height not exceeding 40 feet;
2252 2253
(2)
A ground- or building-mounted citizens band radio antenna, including any mast, if the height (post and antenna) does not exceed 35 feet;
2254 2255 2256 2257
(3)
A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, existing on July 17, 2000 subject to the requirements of Section 2.10.4(H)(1), Amateur Radio Antennas;
2258 2259 2260 2261 2262
(4)
A ground- or building-mounted receive only radio or television satellite dish antenna (TVRO) subject to the requirements of Section 2.10.4(H)(2), Satellite Dishes provided the dish is not located in the front yard of the parcel on which it is located and provided the height of the dish does not exceed the height of the ridgeline of the principal structure on the parcel;
2263 2264 2265
(5)
All citizens band radio antennas or antennas operated by a federally licensed amateur radio operator as part of the Amateur Radio Service which existed on July 17, 2000;
2266 2267
(6)
Mobile services providing public information coverage of news events of a temporary nature;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
56
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2268 2269 2270
(7)
Handheld devices such as cell phones, business-band mobile radios, walkietalkies, cordless telephones, garage door openers and similar devices as determined by the city planner;
2271 2272 2273
(8)
City-government-owned and â&#x20AC;&#x201C;operated towers supporting receive and/or transmit antennas, including supporting structures, for all public safety and service purposes;
2274 2275 2276
(9)
Such tower shall conform to the accessory structure setback for the zoning district in which it is located. Guy wires shall be set back no less than one foot from property lines;
2277 2278 2279 2280 2281
(10) Such tower shall be installed in accordance with the instructions furnished by
2282 2283 2284 2285 2286
(11) Such towers shall be exempt from the requirements of subsections (F) to (I),
the manufacturer of the tower model. Antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturerâ&#x20AC;&#x2122;s specifications; and
(C)
2287 2288 2289
(K) and (L). Towers in the R1-B, R2-B, R3-B, R4-B, A-S, or CD-S Districts The construction of commercial towers and antennas in a R1-B, R2-B, R3-B, R4-B, A-S, or CD-S district are prohibited, except as follows:
(1)
Towers supporting commercial antennas and conforming to all applicable sections of this article shall be allowed as a conditional use, and only in the following locations:
2290 2291
(a)
Church sites, when camouflaged as steeples or bell towers. Antennas and all other associated structures shall also be camouflaged;
2292 2293
(b)
Park sites, when compatible with the nature of the park, provided that the requirements of Section 2.9.17(F)(2) are met; and
2294
(c)
Government, school, utility and institutional sites.
2295 2296
(2)
No tower supporting commercial antennas, the construction of which is permitted as a conditional use by this section, shall exceed 120 feet in height.
2297 2298 2299 2300 2301
(3)
Towers supporting commercial antennas shall be set back from all property lines abutting property zoned or used for residential purposes or adjacent to the Cannon River no less than 50 percent of the tower height. Towers shall be set back from all property lines abutting nonresidential property no less than 25 percent of the total tower height.
2302 2303 2304
(4)
(D)
Equipment buildings, shelters or cabinets shall comply with the accessory building setbacks for the residential zoning district in which it is located. Towers in C1B and C2-B Districts
2305
(1)
Towers supporting commercial antennas are prohibited in the C1-B district.
2306 2307 2308
(2)
Towers supporting commercial antennas and conforming to all applicable sections of this article shall be allowed in the C2-B district as a conditional use.
2309 2310 2311
(3)
The maximum height of any tower, the construction of which is permitted by this section, including all antennas and other attachments, shall not exceed 150 feet in height or 180 feet in height in the I1-B district.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
57
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2312 2313 2314 2315 2316
(4)
2317 2318 2319
(5) (E)
Towers shall be set back from all property lines no less than 25 percent of the tower height, with a minimum setback of 20 feet. Towers shall be set back from all property lines abutting property zoned or used for residential purposes or adjacent to the Cannon River no less than 50 percent of the total tower height.
Equipment buildings, shelters or cabinets shall comply with the principal building setbacks for the commercial zoning district in which it is located. Towers in the I1-B and ED-F Districts
2320 2321 2322
(1)
In all industrial zoning districts, towers supporting commercial antennas and conforming to all applicable sections of this section shall be allowed as a permitted use.
2323 2324 2325
(2)
The maximum height of any tower, the construction of which is permitted by this section, including all antennas and other attachments, shall not exceed 180 feet in height.
2326 2327 2328 2329 2330
(3)
Towers shall be set back from all property lines no less than 25 percent of the tower height, with a minimum setback of 20 feet. Towers shall be set back from all property lines abutting property zoned or used for residential purposes or adjacent to the Cannon River no less than 50 percent of the total tower height.
2331 2332 2333 2334 2335
(4)
2336 2337 2338 2339 2340 2341
(F)
Equipment buildings, shelters or cabinets shall comply with the principal building setbacks for the industrial zoning district in which it is located. Location Requirements All commercial, wireless telecommunication facilities erected, constructed, or located within the city shall comply with the following requirements:
(1)
Priority of Location The following establishes the order of priority for locating new commercial, wireless telecommunication facilities. A proposal for such facilities shall not be approved on any of the following locations unless the applicant shows and the city finds that the applicant is unable to locate the facilities on any location which has a higher priority:
2342 2343
(a)
Place antennas and towers on sites where other public facilities are located or planned.
2344 2345
(b)
Place antennas and towers on private institutional property and structures.
2346 2347
(c)
Place antennas on other appropriate existing structures such as buildings, communications towers, water towers and smoke stacks.
2348
(d)
Place antennas on new towers on other private property.
2349 2350
(2)
2351 2352 2353 2354 2355 2356
Collocation Towers shall be collocated as follows: (a)
City of Northfield, Minnesota DRAFT 1-13-11
A proposal for a new commercial wireless telecommunication tower shall not be approved unless the city finds that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius from the point of the proposed tower for towers in excess of 100 feet in height, within a one-half-mile search radius for towers of Land Development Code
58
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2357 2358 2359
80 to 100 feet in height, and within a one-quarter-mile search radius for towers 80 feet and lower in height, due to one or more of the following reasons:
2360 2361 2362 2363 2364 2365
(i)
The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
2366 2367 2368 2369 2370
(ii)
The planned equipment would cause interference materially impacting the feasibility of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer approved by the city, and the interference cannot be prevented at a reasonable cost.
2371 2372 2373 2374
(iii)
Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer approved by the city.
2375 2376 2377
(iv)
Other unforeseen reasons exist that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower or building.
2378 2379 2380
(b)
It shall be the responsibility of the applicant to provide, at no cost to the city, an inventory of available structures in the subject area to the city.
2381 2382 2383 2384 2385 2386 2387 2388
(c)
Any proposed commercial wireless telecommunication service tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional uses if the tower is over 100 feet in height or at least for one additional use if the tower is 60 to 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
2389 2390 2391 2392 2393 2394
(d)
The applicant is encouraged to allow the city access to the tower for city-government-owned and -operated receive and/or transmit antennas for all public safety and service purposes to enhance communications for such purposes, provided that any attached communication equipment does not interfere with the applicant's equipment.
2395 2396 2397 2398 2399
(e)
As a condition of approval, the applicant shall make available unutilized space for collocation of other telecommunication facilities, including space for those entities providing similar competing services. A good-faith effort in achieving collocation shall be required of the host entity.
2400 2401 2402 2403 2404
(f)
Requests for utilization of facility space shall be made to the community development department. Collocation will not be required when the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it becomes necessary for the host to go off line for a significant period of time.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
59
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2405 2406 2407 2408 2409
(g)
The host is entitled to reasonable compensation from any collocator for the use of its facility. Such compensation would include reimbursement for the cost of constructing the facility as it relates to any collocator as well as a proportionate share of any rents paid by the host.
2410 2411 2412 2413 2414 2415
(h)
The failure of any applicant to make a good-faith effort to allow for collocation shall constitute a breach of its agreement with the city. If such a breach occurs, the city shall provide at least 60 days prior written notice to allow a cure of such breach. If the breach is not cured within the period, the city shall be authorized to disassemble the subject tower at the applicant's cost.
2416 2417 2418 2419 2420 2421
(G)
General Location Standards for Telecommunication Facilities All telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions, shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions:
2422 2423 2424 2425 2426
(1)
No telecommunication facility shall be installed at a location where special painting or lighting will be required by Federal Aviation Administration (FAA) regulations unless technical evidence acceptable to the city is submitted showing that this is the only technically feasible location for the facility;
2427 2428 2429 2430 2431 2432
(2)
No commercial telecommunication facility shall be installed on an exposed ridgeline, public trail, public park or other outdoor recreation area, or on property designated as floodplain or park or open space, unless it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible;
2433 2434 2435 2436 2437 2438 2439 2440
(3)
No commercial telecommunication facility that is readily visible from offsite shall be installed closer than one-half mile from another readily visible un-camouflaged or unscreened telecommunication facility unless it is a collocated facility, situated on a multiple-user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, or technical evidence acceptable to the city is submitted showing a clear need for the facility and the infeasibility of collocating it on one of the existing sites; and
2441 2442 2443 2444 2445 2446 2447
(4)
No commercial telecommunication facility that is readily visible from offsite shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the city is submitted showing a clear need for the facility and the unfeasibility of collocating it on one of the existing sites.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
60
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2448 2449 2450 2451 2452 2453
(H)
Roads and Parking All telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions, shall be served by the minimum roads and parking areas necessary. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions:
2454 2455 2456 2457 2458 2459
(1)
Existing roads shall be used for access, whenever possible, and shall be upgraded the minimum amount necessary to meet standards specified by the fire chief and city engineer. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the fire chief and the city engineer.
2460
(2)
Existing parking areas shall, whenever possible, be used.
2461 2462 2463 2464 2465 2466 2467 2468 2469 2470
(3)
(I)
Any new parking areas constructed shall comply with the parking standards established in Section 3.8, Off-Street Parking, Loading, and Mobility of this section. Landscaping and Screening All telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions, shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. To this end all of the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions:
2471 2472 2473 2474 2475 2476 2477 2478
(1)
A landscape plan shall be submitted with the project application submittal indicating all existing vegetation, identifying landscaping that is to be retained on the site, any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas, and the type of vegetation to be restored in all areas that will be disturbed. All significant trees, as defined by the city tree preservation policy, shall be identified in the landscape plan with indication of species type and whether it is to be retained or removed with project development.
2479 2480 2481 2482
(2)
Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented:
2483 2484 2485
(a)
A tree preservation plan, which meets the requirements of the city tree preservation policy, shall be submitted with the conditional use permit application or building permit;
2486 2487
(b)
Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited in landscaped areas; and
2488 2489
(c)
All underground lines shall be routed such that a minimum amount of damage is done to the tree's essential root systems.
2490 2491 2492 2493 2494
(3)
City of Northfield, Minnesota DRAFT 1-13-11
All areas disturbed during project construction other than the access road and parking areas shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances) according to the approved landscape plan. Land Development Code
61
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2495 2496 2497
(4)
2498 2499 2500 2501 2502 2503 2504 2505
(5)
(J)
Any existing trees or significant vegetation, on the facilities site or along the affected access area, that die shall be replaced with native trees and vegetation of a size and species subject to Table 3.6-2.
No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it. Environmental Resource Protection All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions:
2506 2507
(1)
Potential adverse visual impacts which might result from project-related grading or road construction shall be minimized;
2508 2509
(2)
Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized; and
2510 2511 2512 2513 2514 2515 2516 2517 2518 2519
(3)
(K)
Drainage, erosion, and sediment controls shall be required as necessary to abate soil erosion and sedimentation of waterways. Structures and roads on slopes of ten percent or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading. Natural vegetation and topography shall be retained to the extent feasible. Noise and Traffic All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end all of the following measures shall be implemented for all telecommunication facilities:
2520 2521 2522 2523
(1)
Outdoor noise-producing construction activities shall only take place on weekdays (Monday through Friday, non-holiday) between the hours of 7:30 a.m. and 5:30 p.m. unless allowed at other times as a condition of the conditional use permit;
2524 2525 2526 2527 2528 2529 2530
(2)
Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within 100 feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least an Ldn of 60 dB at the property line and an interior noise level of an Ldn of 45 dB. Testing and maintenance shall only take place on weekdays between the hours of 7:30 a.m. and 5:30 p.m.; and
2531 2532 2533 2534 2535 2536 2537 2538 2539
(3)
(L)
Traffic, at all times, shall be kept to an absolute minimum, but in no case more than two round trips per day on an average annualized basis once construction is complete. Visual Compatibility All telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions, shall be constructed and sited so as to minimize the visual effect of such facilities on the surrounding area. To that end the following measures shall be implemented for all telecommunication facilities, except exempt facilities as identified in Section 2.9.17(B), Exemptions:
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
62
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2540 2541 2542 2543 2544
(1)
Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community;
2545 2546
(2)
The facility shall be designed to blend with any existing supporting structure and shall not substantially alter the character of the structure or local area;
2547 2548
(3)
Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner; and
2549 2550 2551 2552 2553 2554 2555 2556 2557 2558 2559 2560 2561
(4)
(M)
A visual analysis, which may include photo montage, field mockup, or other techniques, shall be prepared and submitted by or on behalf of the applicant in conjunction with an application for a conditional use permit or a building permit, which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis and applicable administrative costs shall be borne by the applicant. Construction Requirements Construction requirements shall be as follows:
2562 2563 2564 2565 2566
(1)
Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging treatment, except when the color is dictated by federal or state authorities. Materials employed shall not be unnecessarily bright, shiny, or reflective and shall be of a color or type which blends with the surroundings to the greatest extent possible.
2567 2568 2569 2570
(2)
Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by federal or state authorities. When incorporated into the design of the tower, light fixtures, such as streetlights, are permitted.
2571 2572
(3)
The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited.
2573 2574
(4)
Sufficient anticlimbing measures must be incorporated into the facility, as needed, to reduce potential for trespass and injury.
2575 2576 2577 2578 2579 2580
(5)
2581 2582 2583 2584
(N)
All towers, masts and booms shall be made of noncombustible material, and all hardware, such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion must be protected either by galvanizing or sheradizing after forming. Abandoned or Unused Towers or Portions of Towers Abandoned or unused towers or portions of towers shall be removed as follows:
(1)
City of Northfield, Minnesota DRAFT 1-13-11
All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city planner. If the tower is not removed within 12 months of the cessation of operations at a site, the tower and associated
Land Development Code
63
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600
facilities may be removed by the city and the cost of removal assessed against the property owner.
(2)
(O)
(P)
Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new application and/or request for variance if applicable. Measurement of Tower Height The height of a tower shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop structure to the highest point of the tower, including all antennas or other attachments. If the tower with its antenna can be telescoped from low to high positions, the height measurement shall be made with the tower in its lowest position. When towers are mounted upon other structures, the combined height of the structure and the tower must meet the height restrictions set forth in this article for the particular zoning district. Review Procedure Procedures for reviewing a permit are as follows:
2601 2602 2603 2604
(1)
It shall be unlawful for any person to erect, construct, place, re-erect, replace, or repair any tower without first making application for a zoning certificate prior to applying for a building permit (See Section 5.5.1, Zoning Certificate).
2605 2606
(2)
If a conditional use permit is required for a requested tower, the requirements of Section 5.5.9, Conditional Use Permit shall apply.
2607 2608
(3)
Site plan review will be required for all towers that are listed as a permitted use in the applicable zoning district (See Section 5.5.6, Site Plan Review).
2609 2610 2611 2612
(4)
The applicant shall provide, at the time of application, sufficient information to indicate the construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.
2613 2614 2615 2616 2617 2618
(5)
Adjustment or replacement of the elements of an antenna already affixed to a tower or antenna shall not require a permit, provided that the replacement does not reduce the safety factor. The city planner shall issue a decision related to the zoning certificate application upon review of all required materials listed in this section and shall respond to the request in an expeditious and reasonable timeframe.
2619 2620 2621
2.9.18 Vehicle Rental
2622
2.10 Accessory Uses and Structures
2623 2624 2625 2626 2627 2628
2.10.1 Purpose
For those properties zoned C1-B, the maximum number of vehicles for rent stored on the property shall not exceed five.
This section authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this section is to allow accessory uses while not creating adverse impacts on surrounding lands. Examples of accessory uses and structures include accessory dwelling units, detached garages, detached sheds, gazebos, swimming pools, hot tubs and spas, and courts for tennis and other recreational sports. City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
64
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2629 2630 2631 2632 2633 2634 2635 2636 2637 2638 2639 2640 2641 2642 2643 2644 2645 2646 2647 2648 2649 2650
2.10.2 General Provisions 1
(A) (B) (C)
(D) (E)
(F)
(G)
Fencing and walls will not be subject to the requirements of this section. Standards for fencing and walls are established in Section 3.3.1, Fencing and Walls. An accessory use structure will be incidental to the principal use of the site, and shall not negatively alter the character of the principal use. Small accessory structures such as arbors, benches, doghouses, play sets, garden decorations, pergolas, and firewood cribs are exempt from the provisions of this section, but cannot be located in public rights-of-way. Accessory structures will only be constructed concurrent with or after the construction of the principal building on the same site. Accessory structures located on lots with stream or river frontage may be located between the public road and the principal structure, provided it is clearly demonstrated that physical conditions require such a location. Uses and structures that are accessory to a conditional use permit for a principal use shall be permitted in accordance with this section, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. An accessory structure in residential districts that is detached from the principal building will comply with the following standards, unless otherwise stated in this section and the use-specific standards of Section 2.10.4, Standards for Specific Accessory Uses and Structures.
(1)
Setbacks
2651
(a)
An accessory structure will not be located within a front yard.
2652 2653 2654 2655 2656 2657 2658
(b)
An accessory structure will maintain a front yard setback of at least 20 feet and side and rear setbacks of at least five feet, except that an existing non-conforming detached residential garage may be replaced or expanded to a distance of at least three feet to the interior side or rear yard property line. On corner lots, accessory structures will maintain at least a ten foot setback from the property line along the street
2659 2660
(c)
An accessory structure shall maintain at least a five foot separation from other accessory structures and the principal building.
2661
(2)
Size and Height Limits
2662 2663
(a)
With the exception of sheds and detached garages, the maximum height of a detached accessory structure will be ten feet.
2664 2665
(b)
Detached sheds on residential properties shall not be larger than 140 square feet, and cannot exceed nine feet in height at the peak.
2666 2667 2668
(c)
No detached garage used or intended for the storage of vehicles on a residential property shall exceed 864 square feet nor shall any access door or other opening exceed the height of 12 feet.
2669 2670
(d)
Detached garages will not exceed 18 feet in height, or 24 feet in height if the structure includes an accessory dwelling unit.
2671
(3)
2672 2673
Maximum Number and Building Area Ratio (a)
City of Northfield, Minnesota DRAFT 1-13-11
Up to three accessory structures may be permitted on a single lot, but only one of those detached structures may be a garage. For the Land Development Code
65
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2674 2675 2676
purposes of this subsection, accessory structures shall only include detached garages, sheds, accessory dwelling units, swimming pools, hot tubs, spas, and courts for tennis or other recreational sports.
2677 2678 2679 2680 2681 2682
(b) (H)
Detached garages are included in the building area ratio requirements in Table 3.2-1.
An accessory structure in non-residential districts that is detached from the principal building will comply with the following standards, unless otherwise stated in this section and the use-specific standards of Section 2.10.4, Standards for Specific Accessory Uses and Structures:
2683 2684 2685
(1)
Setbacks One half of the required setback for the principal building, but in no instance less than ten feet except for properties zoned C1-B.
2686 2687
(2)
Height limits The maximum height shall be 20 feet.
2688 2689 2690
(3)
Maximum size The maximum size shall be no greater than 50 percent of the building area of the principal building.
2691 2692 2693
(4)
Building area ratio The building area of non-residential accessory structures shall be limited by the building area ratio as applicable in the zoning district.
2694 2695
2.10.3 Permitted Accessory Uses (A)
The symbols used in Table 2.10-1 are defined as follows:
2696 2697 2698 2699 2700
(1)
Permitted Uses (P) A “P” in a cell indicates that the accessory use or structure is allowed byright in the respective zoning district subject to compliance with the usespecific standards set forth in the final “use-specific standards” column of Table 2.10-1.
2701 2702 2703 2704 2705 2706
(2)
Conditional Uses (C) A “C” in a cell indicates that the accessory use or structure is allowed as a conditional use in the respective zoning district subject to compliance with the use-specific standards set forth in the final “additional requirements” column of Table 2.10-1 and approval of a conditional use permit in accordance with Section 5.5.9, Conditional Use Permit.
2707 2708 2709
(3)
Prohibited Uses A cell with a “--" indicates that the listed use type is prohibited in the respective zoning district.
2710 2711 2712 2713
(4)
Use-Specific Standards The “use-specific standards” column of Table 2.10-1 cross-references standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
66
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2714 2715 2716 2717 2718 2719 2720 2721
(B)
Unlisted Uses If an application is submitted for an accessory use or structure that is not listed in Table 2.10-1, the city planner is authorized to classify the new or unlisted use, with consultation from appropriate city departments, into an existing use type that most closely fits the new or unlisted use. If no similar use determination can be made, the city planner shall refer the use to the planning commission, who may initiate an amendment to the text of this LDC to clarify where and how the use should be permitted.
2722 Table 2.10-1: Permitted Accessory Uses and Structures Use Category and Use Type
I1-B*
A-S
CD-S
PB-S
PI-S
NC-F
ED-F
P P P P
P P P P
--P P
-----
-----
-----
-P P P
-----
P
P
P
P
P
P
--
C2-B
P P P P
C1-B
P P P P
N2-B
N1-B*
R3-B*
R2-B*
R4-B
Crop Raising Accessory Dwelling Units Home Businesses [1] In-Home Day Care Keeping of Chickens (on less than five acres)
Floating Zoning Districts
Accessory Uses P P -- -- -P P -- -- -P P -- -- -P P -- -- --
R1-B
* Discontinued Zoning District P = Permitted Use C = Conditional Use
Special Base Zoning Districts
Base Zoning Districts
--
--
Use-Specific Standards in Section:
2.10.4(B) 2.10.4(C)
P
--
--
--
--
--
2.10.4(D)
Accessory Structures Accessibility Ramps P P P P P P P P P P P -P P P 2.10.4(A) Amateur Radio Towers P P P P P P P P P P P -P P P 2.10.4(H)(1) Detached Garages P P P P P P P P P P P -P P P Detached Sheds, and other P P P P P P -- P P P P -P P P Similar Structures Outdoor Wood Fire -- -- -- -- -- -- -- -- -- C -----2.10.4(E) Boilers/Furnaces Porches, Gazebos and Detached P P P P P P -- -- P ---P -2.10.4(F) Decks P Satellite Dishes P P P P P P P P P P P -P P P 2.10.4(H)(2) Solar Energy Systems P P P P P P P P P P P -P P P 2.10.4(I) Swimming Pools, Hot Tubs, and P P P P P P C -- -- P P -P P -2.10.4(G) Spas Tennis and Other Recreational P P P P P P C -- -- P P -P P -2.10.4(J) Courts Small Wind Energy Turbines -- -- -- -- -- -- -- -- -- ------2.10.4(K) Medium Wind Energy Turbines -- -- -- -- -- -- -- -- -- ------2.10.4(K) Large Wind Energy Turbines -- -- -- -- -- -- -- -- -- ------2.10.4(K) Workshop -- -- -- -- -- -- -- -- -- ------2.10.4(L) Note: [1] Home business that employs people who do not reside at the home may be permitted with a conditional use permit.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
67
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2723 2724 2725 2726
2.10.4 Standards for Specific Accessory Uses and Structures The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of Section 2.10.2, General Provisions, as applicable.
2727 2728 2729 2730
(A)
Accessibility Ramps Ramps that provide access to buildings for the disabled are permitted in all zoning districts and may encroach in all setbacks but shall not encroach on a public rightof-way.
2731 2732 2733 2734
(B)
Accessory Dwelling Units This section is intended to allow the creation of accessory dwelling units (see Figure 2-6) on existing lots in residential zoning districts that already contain legally created dwelling units.
2735
(1)
Accessory Dwelling Unit Development Standards
2736 2737 2738
(a)
Only one accessory dwelling unit shall be permitted on a lot, and shall be included in the maximum number of allowable dwelling units on a property as shown in Table 2.7-1.
2739
(b)
There shall be a minimum lot area of 8,000 square feet.
2740 2741
(c)
An accessory dwelling unit shall be located as part of a detached garage.
2742 2743
(d)
An accessory dwelling unit shall contain separate kitchen and bathroom facilities.
2744 2745 2746 2747 2748 2749
(e)
An accessory dwelling unit shall not exceed 864 square feet in size and 24 feet in height, and is subject to the building area ratio requirements in Table 3.2-1. One accessible off-street parking space shall be provided for each accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling in Section 3.8, Off-Street Parking, Loading, and Mobility.
2750 2751 2752 2753
(f)
An accessory dwelling unit shall be constructed so as to be compatible with the existing principal dwelling, as well as the surrounding neighborhood in terms of design, form, height, materials, and landscaping.
2754 2755
(g)
An accessory dwelling unit shall be separated from the principal dwelling by a minimum distance of ten feet.
2756 2757 2758
(2)
City of Northfield, Minnesota DRAFT 1-13-11
An accessory dwelling unit may be rented if it complies with the Northfield Municipal Code, chapter 14, but the owner of the principal building on the property must reside on the property.
Land Development Code
68
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2759 2760 2761 2762 2763 2764 2765 2766 2767 2768 2769 2770 2771 2772 2773 2774 2775 2776 2777 2778 2779 2780 2781 2782 2783 2784
Figure 2-6: This image shows an accessory dwelling unit above a detached garage. (C)
Home Businesses The following standards for home businesses are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home business, or the surrounding neighborhood, where allowed by this section.
(1)
Prohibited Home Businesses The following are business activities that are prohibited as home businesses:
2785
(a)
Animal hospitals and boarding facilities;
2786
(b)
Automotive and other vehicle repair and service;
2787 2788
(c)
Construction contractor facilities and storage (an office-only use is allowed) and other outdoor storage;
2789
(d)
Dismantling, junk, or scrap yards;
2790
(e)
Medical clinics or laboratories;
2791 2792 2793 2794
(f)
Parking on, or dispatching from the site any vehicle used in conjunction with an automobile wrecking or towing service, or with a taxi or similar passenger or delivery service, whether based on the site or elsewhere;
2795
(g)
Uses that require explosives or highly combustible or toxic materials;
2796
(h)
Welding and machine shop operations;
2797
(i)
Wood cutting businesses; or
2798
(j)
Other similar uses as determined by the city planner.
2799 2800
(2)
City of Northfield, Minnesota DRAFT 1-13-11
Operating Standards Home businesses shall comply with all of the following operating standards:
Land Development Code
69
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2801 2802 2803
(a)
The operator of a home business in a rental unit shall be able to demonstrate that the property owner has authorized the use of the unit for a home business;
2804 2805
(b)
The home business shall be clearly secondary to the full-time use of the property as a residence;
2806 2807
(c)
Home business activities shall not occupy more than 50 percent of the gross floor area of the dwelling unit;
2808 2809
(d)
The use shall not require any exterior modification to the structure not customarily found in a dwelling;
2810 2811 2812
(e)
There shall be no advertising signs other than one sign, not exceeding four square feet in area, and only if attached flush to a wall of the structure;
2813 2814 2815 2816
(f)
Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use;
2817 2818 2819
(g)
No home business activity shall create nuisances as described in Section 3.3.4, Performance Standards beyond those normally associated with a residential use, as determined by the city planner;
2820 2821
(h)
There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home business;
2822 2823 2824 2825
(i)
A home business shall have no on-site employees other than full-time residents of the dwelling; except that up to two non-resident employees may be allowed with a conditional use permit approval (See Section 5.5.9, Conditional Use Permit);
2826 2827 2828 2829 2830
(j)
The home business shall be operated so as to not require more than eight vehicle trips per day of clients, customers, visitors, and/or service visits to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of 9:00 a.m. and 8:00 p.m.;
2831 2832 2833 2834 2835 2836 2837
(k)
There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, and/or one pickup truck, van, or similar vehicle not exceeding 1.5 ton carrying capacity. The home business shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pick-ups; and
2838 2839 2840
(l)
No utility service to the dwelling shall be modified solely to accommodate a home business, other than as required for normal residential use.
2841 2842 2843 2844 2845 2846
(3)
City of Northfield, Minnesota DRAFT 1-13-11
Small-scale commercial wood and metal working, or similar uses as determined by the city planner, may be authorized by a conditional use permit as a home business, provided that the planning commission may attach conditions to the conditional use permit approval limiting hours of operation, noise levels, and/or any other aspect of the operation, to ensure compatibility with on-site and adjacent residential uses. Land Development Code
70
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2847
(D)
Keeping of Chickens
2848 2849 2850
(1)
Property owners are permitted to raise and keep chickens on all properties of five acres or more in size without complying with the requirements of this section.
2851 2852
(2)
For properties that are less than five acres, the keeping of six adult chickens is permitted provided that:
2853
(a)
The principal use of the lot is as a dwelling;
2854
(b)
No person shall keep any rooster;
2855 2856 2857 2858
(c)
The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times, that may include chicken wire fencing with a minimum height of 18 inches; and
2859 2860
(d)
No enclosure shall be located closer than 25 feet to any residential structure on an adjacent lot.
2861
(E)
Outdoor Wood Fire Boilers or Furnaces
2862 2863 2864
(1)
Zoning Certificate Required A zoning certificate shall be required prior to the installment or erection of an outdoor wood boiler or furnace (See Section 5.5.1, Zoning Certificate).
2865
(2)
Development Standards
2866 2867
(a)
Outdoor wood boilers or furnaces shall only be permitted as an accessory use on lots with a minimum lot area of five acres.
2868
(b)
Outdoor wood furnaces shall be set back:
2869
(i)
A minimum of 200 feet from all lot lines;
2870 2871
(ii)
A minimum of 300 feet from the boundaries of all recorded subdivisions with lots less than five acres in size; and
2872 2873
(iii)
A minimum of 500 feet from all residential dwellings not located on the property where the outdoor wood furnace will be situated.
2874 2875
(c)
The boiler or furnace shall have a permanent chimney that extends at least 15 feet above the ground surface.
2876 2877
(d)
Only boilers or furnaces certified by the U.S. Environmental Protection Agency as Phase 2 qualified models are allowed.
2878
(3)
Permitted and Prohibited Fuels
2879 2880 2881 2882 2883
(a)
Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturerâ&#x20AC;&#x2122;s instructions such as fuel oil, natural gas, or propane backup.
2884 2885
(b)
The following fuels are strictly prohibited in new or existing outdoor wood furnaces:
2886
(i)
Grass clippings and other landscaping or vegetative refuse;
2887 2888
(ii)
Wood that has been painted, varnished or coated with similar material and/or has been pressure-treated with preservatives and
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
71
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2889 2890
contains resins or glues as in plywood or other composite wood products.
2891 2892
(iii)
Rubbish or garbage, including but not limited to food wastes, food packaging, or food wraps.
2893 2894 2895
(iv)
Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
2896
(v)
Rubber, including tires or other synthetic rubber-like products.
2897 2898
(vi)
Any other items not specifically allowed by the manufacturer or this section.
2899 2900 2901 2902 2903
(F)
Porches Screened porches or other porch types that are enclosed by walls and a roof shall be considered a part of the principal structure and may encroach into the setback and build to requirements with Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines.
2904
(G)
Swimming Pools, Hot Tubs, and Spas
2905 2906 2907 2908
(1)
No swimming pool, hot tub, or spa shall be constructed, altered, or renovated without first obtaining a zoning certificate (See Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review).
2909 2910 2911
(2)
Swimming pools, hot tubs, and spas shall be constructed so as to avoid hazard or injury to any person. While under construction, the swimming pool area shall be fenced with security barriers.
2912 2913 2914 2915
(3)
No portion of a swimming pool, hot tub, spa, related deck, or related appurtenance shall be located beyond the front building setback line nor within any public or private utility and/or drainage easement or ingress or egress easement, and they shall also meet the following minimum setbacks:
2916
(a)
Interior side or rear property line: five feet.
2917
(b)
Corner side property line: 15 feet.
2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928
(4)
(H)
All private swimming pools, hot tubs, and spas shall be surrounded at all times by a barrier that is designed to be insurmountable and impenetrable by young children. The city hereby adopts, by reference, the United States Consumer Product Safety Commissionâ&#x20AC;&#x2122;s guidelines for safety barriers for swimming pools to apply to all permanent or temporary swimming pools and hot tubs and spas. Telecommunication Facilities and Antennas
(1)
2929 2930 2931 2932
Amateur Radio Antennas The construction/erection of towers supporting amateur radio antennas shall be a permitted use in all zoning districts subject to the following requirements: (a)
City of Northfield, Minnesota DRAFT 1-13-11
Such towers shall be allowed only in the rear yard of residential properties, unless the property owner can show that there is insufficient space within the rear yard to erect the tower and any related guy wires within the rear yard. In such case, the property
Land Development Code
72
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2933 2934
owner may erect the tower in the side yard that has space to accommodate the tower.
2935 2936
(b)
Such tower shall not exceed 70 feet in height, except by conditional use permit (See Section 5.5.9, Conditional Use Permit).
2937 2938 2939 2940 2941
(c)
Such tower shall conform to the accessory structure setback for the district in which it is located, except that if the property owner can show that there is not sufficient space on the property to erect the tower and any related guy wires, such tower or guy wires may be located no less than one foot from property lines.
2942 2943 2944 2945 2946 2947
(d)
Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of the tower model. An antenna mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.
2948 2949 2950 2951 2952
(2)
Satellite Dishes One ground- or building-mounted satellite dish antenna with a diameter of 18 inches or less is permitted for each property, provided that it is installed in the location, roof or ground, that is the least obtrusive to neighboring properties.
2953
(3)
Telecommunication Facilities Exempt From These LDC Requirements
2954 2955 2956 2957
(a)
A single ground- or building-mounted receive-only radio or television antenna, including any mast, for the sole use of the resident occupying a residential parcel on which the radio or television antenna is located, with an antenna height not exceeding 40 feet.
2958 2959 2960
(b)
A ground- or building-mounted citizens band radio antenna, including any mast, if the height (post and antenna) does not exceed 35 feet.
2961 2962
(c)
Mobile services providing public information coverage of news events of a temporary nature.
2963 2964 2965
(d)
Handheld devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the city planner.
2966 2967
(e)
Antennas mounted on roofs, walls, existing towers and appropriate structures shall be subject to the following:
2968 2969 2970
(i)
The placement of commercial wireless telecommunication antennas on roofs, walls, and existing towers and other structures may be approved by the city planner subject to the following:
2971 2972 2973 2974 2975 2976 2977 2978 2979
City of Northfield, Minnesota DRAFT 1-13-11
The antenna must meet the requirements set forth in this section; The existing structure upon which placement of an antenna is proposed must be conforming to all applicable sections of this article; A site and building plan as required by the city must be submitted; and A report prepared by a qualified and licensed professional engineer approved by the city indicating the existing structure Land Development Code
73
Article 2: ZONING DISTRICTS AND USE REGULATIONS
2980 2981 2982 2983 2984
or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure, is submitted and approved by the city. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.
2985 2986 2987 2988 2989 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 3000 3001
(ii)
The placement of commercial wireless telecommunication antennas on roofs, walls, and existing towers and other appropriate structures that are subject to an existing conditional use permit shall be permitted subject to the following: ď&#x201A;ˇ ď&#x201A;ˇ
(I)
The existing structure must be in full compliance with such conditional use permit. If the existing structure upon which the antenna is to be placed is subject to an existing conditional use permit, the city planner shall review the proposal for installation of the additional antenna to determine if such installation is in compliance with the existing structure's conditional use permit. If it is determined that installation of the additional antenna will not comply with the provisions of the existing conditional use permit, an amendment to the existing conditional use permit will be required, according to the provisions of Section 5.5.9, Conditional Use Permit.
Solar Energy Systems
3002 3003 3004
(1)
Solar energy systems that are attached to a roof but that do not project more than three feet from the roof surface shall be permitted without a zoning certificate.
3005 3006 3007
(2)
Solar energy systems located that project more than three feet from a roof and are visible from the public right-of-way may be permitted if approved as a conditional use permit (See Section 5.5.9, Conditional Use Permit).
3008 3009 3010 3011 3012
(3)
(J)
Stand-alone solar energy systems shall only be permitted in the rear yard. Tennis and Other Recreational Courts Noncommercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use, shall comply with the following requirements:
3013 3014
(1)
No court shall be located within a required setback, or within five feet of a lot line;
3015
(2)
Court fencing shall comply with Section 3.3.1, Fencing and Walls; and
3016 3017 3018 3019 3020 3021
(3)
(K)
Court lighting shall require a zoning certificate approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward and shall only illuminate the court. Wind Energy Turbines (WET) Wind energy turbines shall be permitted and subject to applicable regulations as provided for in this code.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
74
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3022 3023 3024 3025 3026 3027 3028
(L)
Workshop The workshop footprint for an accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, or hobbies, shall not occupy an area larger than 25 percent of the building footprint of the principal residence; except where a workshop is combined with a detached garage. In that circumstance, a workshop is included in the maximum square footage of 864 square feet for a detached garage.
3029
2.11 Temporary Uses and Structures
3030 3031 3032 3033 3034 3035 3036 3037
2.11.1 Purpose
3038 3039 3040
2.11.2 Table of Allowed Temporary Uses and Structures
This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or activities are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure. The regulations of this section are not applicable to special events that are otherwise subject to leases, permits, or other forms of permission that are duly established between the special event organization and the City. Table 2.11-1 summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited.
3041 3042 Table 2.11-1: Temporary Uses and Structures Temporary Use or Structure Commercial Businesses Construction Dumpster Construction Trailer Farmerâ&#x20AC;&#x2122;s Market Garage/Yard Sales Gravel Surface Parking Lots Real Estate Sales/Model Homes Seasonal Agricultural Sales Temporary Storage in a Portable Container Temporary Structure for Institutional Uses City of Northfield, Minnesota DRAFT 1-13-11
Allowable Duration (per site)
Permit Required
180 days per calendar year
Zoning Certificate (Type 1 Review)
Additional Requirements 2.11.4(E)(1) 2.11.4(E)(3) 2.11.4(G)
Until issuance of a certificate of occupancy Until issuance of a certificate of occupancy 180 days per calendar year Maximum of three consecutive days, three times per calendar year Until issuance of a certificate of occupancy Until 85% occupancy of the phase is reached 180 days per calendar year
Zoning Certificate (Type 1 Review) Zoning Certificate (Type 1 Review)
30 days per site
No
2.11.4(F)
three years
Zoning Certificate (Type 1 Review)
2.11.4(G)
Land Development Code
No
2.11.4(A)
Zoning Certificate (Type 1 Review)
2.11.4(B)
No
2.11.4(E)(3)
No
2.11.4(C)
No 2.11.4(D) 2.11.4(E)
75
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066
2.11.3 General Standards for Temporary Uses and Structures Temporary uses or structures shall: (A)
(B) (C) (D) (E) (F) (G) (H) (I)
Obtain a zoning certificate (See Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)) from the city planner, where applicable ac shown in Table 2.11-1; Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; Be compatible with the principal uses taking place on the site; Not have substantial adverse effects or noise impacts on nearby residential neighborhoods; Not include permanent alterations to the site; Not maintain temporary signs associated with the use or structure after the activity ends; Not violate the applicable conditions of approval that apply to a site or use on the site; Not interfere with the normal operations of any permanent use located on the property; and Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement.
2.11.4 Specific Regulations for Certain Temporary Uses and Structures (A)
Construction Dumpster Temporary trash receptacles or dumpsters shall comply with the following standards:
3067
(1)
Be located outside public rights-of-way to the extent possible;
3068 3069
(2)
Be located to the side or the rear of the site, to the maximum extent practicable;
3070
(3)
Be located as far as possible from lots containing existing development;
3071
(4)
Not be located within a floodplain or otherwise obstruct drainage flow;
3072
(5)
Not be placed within five feet of a fire hydrant; and
3073 3074 3075 3076 3077
(6) (B)
Not be placed within a required landscaping area where it may destroy landscaped materials. Construction Trailer Construction trailers may be permitted on a construction site provided that the trailer is:
3078 3079
(1)
Located on the same site or in the same development as the related construction;
3080
(2)
Not located within a required open space set-aside or landscaping area; and
3081
(3)
Associated with development subject to a valid building permit.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
76
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3082 3083 3084 3085 3086
(C)
Garage/Yard Sales Garage sales may be held on residential property by the owner or resident of that property for no more than three consecutive days, on three separate occasions per calendar year. The hours of operation for garage/yard sales are limited to between 7:00 a.m. and 8:00 p.m.
3087 3088 3089 3090
(D)
Real Estate Sales Office/Model Home One temporary real estate sales office or model home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development, provided that the use:
3091
(1)
Is located on a lot approved as part of a development agreement;
3092 3093 3094
(2)
Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping;
3095 3096
(3)
Is operated by a developer or builder active in the same phase or section where the use is located; and
3097 3098 3099 3100 3101 3102 3103
(4)
3104
(E)
Is removed or the model home is converted into a permanent residential use once 85 percent occupancy in the section or phase of the development is reached. Seasonal Agricultural Sales Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards:
(1)
Location
3105 3106 3107 3108
(a)
The property contains an area that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking-space availability.
3109
(b)
The sale of goods shall not occur within the public right-of-way.
3110 3111
(c)
On property where the owner of the property has provided permission for the seasonal sale of agricultural products.
3112 3113 3114 3115 3116 3117 3118
(2)
Range of Goods Limited The range of goods or products available for sale shall be limited to products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, and firewood; bees and beekeeping products; seafood; and dairy products.
3119 3120 3121 3122
(3)
Hours of Operation The hours of operation of the seasonal sale of agricultural products shall be between the hours of 7:30 a.m. and 9:00 p.m., or the same hours of operation as a principal use on the same lot, whichever is more restrictive.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
77
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3123 3124 3125 3126
(F)
Temporary Storage in a Portable Shipping Container Temporary storage in a portable shipping container shall be allowed to serve a permitted use provided it is placed on a paved surface and is, to the maximum extent practicable, located in the side or rear yards.
3127 3128 3129
(G)
Temporary Structures Temporary structures serving public, institutional, or recreational uses shall comply with the following standards:
(1)
3130
Location
3131 3132
(a)
The structure shall be located to the side or rear of the principal structure(s) and at least five feet from any other structure.
3133 3134 3135
(b)
The structure shall be permitted within the building envelope but not within required rights-of-way, off-street parking, open space setaside, or required landscaping areas.
3136
(2)
Standards
3137 3138
(a)
Under skirting or other materials shall be used to prevent unauthorized access underneath the structure.
3139 3140
(b)
Parking shall be provided for the temporary structure in conformance with Section 3.8, Off-Street Parking, Loading, and Mobility.
3141 3142
(c)
The use shall not be required to be compatible with the existing principal structure exterior colors or materials.
3143 3144 3145 3146 3147 3148 3149
(3)
3150
2.12 Nonconformities
3151 3152 3153 3154 3155 3156
2.12.1 Purpose
3157 3158 3159 3160
2.12.2 General Provisions
3161 3162 3163
Approval and Duration This use is permitted, if approved by the city planner, and may remain on the site for no more than one year. This period may be renewed for one 365-day period, for good cause shown, upon approval of a written request, submitted to the city planner at least 30 days prior to the expiration of the certificate of zoning compliance. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than two years.
In the provisions established by this LDC, there exist uses of land, structures and lots of record, that were lawfully established before this LDC was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this section is to regulate the continued existence of those uses, structures, and lots of record that do not conform to the provisions of this LDC, or any amendments thereto. (A)
Authority to Continue Any lawfully existing nonconformity including nonconforming uses, structures, and lots of records, may be continued, so long as it remains otherwise lawful.
(B)
Determination of Nonconformity Status The burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
78
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3164 3165 3166 3167 3168
(C)
3169
(D)
Ordinary Repair and Maintenance Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use or structure Nonconformities and Variances B
3170 3171 3172
(1)
The granting of a variance for a lot or structure that would otherwise comply with this LDC shall not create a nonconformity upon the approval of the variance.
3173 3174 3175 3176
(2)
When a property owner or authorized agent is granted a variance for a nonconforming structure or lot that addresses all nonconformities, the structure or lot shall no longer be considered nonconforming (See Section 5.5.16, Variance).
3177 3178
2.12.3 Nonconforming and Pre-Existing Uses (A)
Change in Use
3179 3180 3181
(1)
Unless a use is identified as a pre-existing use in Table 2.7-1, a nonconforming use of land or of a structure shall not be changed to any use other than to a use permissible in the applicable zoning district.
3182 3183 3184
(2)
When such nonconforming use has been changed to a permissible use, it shall only be thereafter used for a use permissible in the applicable zoning district.
3185 3186 3187 3188 3189 3190
(3)
(B)
For purposes of this subsection, a use shall be deemed to have been changed when an existing nonconforming use has been terminated and the permissible use has commenced and continued for a period of one month. Extensions or Expansions Nonconforming and pre-existing uses shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activity shall include:
3191 3192 3193
(1)
Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this LDC, or any amendment to this LDC that causes such use to become nonconforming.
3194 3195 3196 3197
(2)
Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this LDC, or any amendment to this LDC that causes such use to become nonconforming.
3198 3199 3200
(3)
Operation of such nonconforming use in a manner that conflicts with, or to further conflict with, this LDC or any amendments to this LDC, or any use limitations established for the district in which such use is located.
3201 3202 3203 3204 3205 3206 3207
(4)
(C)
New construction, reconstruction, or structural alteration. Relocation No structure that is devoted in whole or in part to a nonconforming or pre-existing use shall be relocated in whole or in part to any other location on the same or any other lot, unless the entire structure and the use of the structure after its relocation conform to all the regulations of the district in which the structure and use are located after being so relocated.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
79
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3208
(D)
Abandonment or Discontinuance
3209 3210 3211 3212 3213 3214
(1)
3215 3216 3217 3218 3219
(2)
(E)
When a nonconforming use of land or a nonconforming use of part or all of a structure is discontinued or abandoned for a period of 365 consecutive days (regardless of any reservation of an intent not to abandon and to resume such use), such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the district in which such land or structure is located.
Pre-existing uses are exempt from paragraph (1) above; however, only a use classified as the same as the abandoned pre-existing use may be permitted in the structure or on the land. For example, only a restaurant may be permitted in a structure or on land that was formerly used as a restaurant. Damage or Destruction
3220 3221 3222 3223 3224 3225
(1)
In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 75 percent of the assessed fair market value of such structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of the district in which the structure and use are located.
3226 3227 3228 3229 3230 3231
(2)
When such damage or destruction is 75 percent or less of the assessed fair market value of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction, provided that such repair or reconstruction is commenced and completed within 12 months of the date of such damage or destruction.
3232 3233 3234 3235 3236 3237
(3)
Pre-existing (See Section 5.7.2(B)(3) Pre-existing Uses (PD)) uses shall be exempt from the above damage and destruction provisions. If a structure that contained a pre-existing use is damaged or destroyed to any extent, it may be fully reconstructed. Any new structure or reconstruction shall be contained with the same footprint of the previous structure and shall not exceed the height of the previous structure.
3238 3239 3240 3241 3242 3243 3244
2.12.4 Nonconforming Structures (A)
Enlargement, Repair, Alterations Any nonconforming structure may be enlarged, maintained, repaired or altered provided, however, that no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure.
(B)
Damage or Destruction
3245 3246 3247 3248 3249
(1)
In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 75 percent of the assessed fair market value of such structure immediately prior to such damage, such structure shall not be restored unless it will conform to the regulations of the district in which it is located.
3250 3251 3252 3253
(2)
When such nonconforming structure is damaged or destroyed, by any means, by 75 percent or less of the assessed fair market value of the structure immediately prior to such damage, such structure may be repaired or reconstructed, provided that the repairs or restorations begin and are
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
80
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3254 3255 3256 3257 3258 3259 3260
(C)
diligently pursued to completion within 12 months of the date of such damage. Relocation No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the district in which such structure is located after being relocated.
3261 3262 3263 3264 3265
(D)
Nonconforming Accessory Uses and Structures No use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless such accessory use or structure shall thereafter conform to all the regulations of the district in which it is located.
3266 3267 3268 3269
(E)
Governmental Acquisition of a Portion of a Lot Governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard or building setback below that required in the applicable zoning district shall not render the structure nonconforming.
3270 3271 3272 3273 3274 3275 3276 3277
2.12.5 Nonconforming Lots of Record B
(A)
Nonconforming Lots of Record in Residential Zoning Districts
(1)
Authority to Use for Single-Family Residence In any district in which single-family detached dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this LDC, a single-family detached dwelling which complies with the regulations of the paragraph below may be erected on a nonconforming lot that is not less than 25 feet in width, and which:
3278 3279
(a)
Has less than the prescribed minimum lot area, width and depth, or any of them;
3280 3281 3282 3283 3284
(b)
Is shown by a recorded plan or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, depth and width at such location would not have been prohibited by this LDC or any other ordinance; and
3285 3286
(c)
Has remained in separate and individual ownership from adjoining tracts of land continuously since.
3287
(2)
Regulations for Single-Family Use of Nonconforming Lots
3288 3289
(a)
The dwellings shall be placed on the lots so as to provide a yard on each side of the dwelling;
3290 3291
(b)
The sum of the widths of the two side yards on such lots shall not be less than the smaller of:
3292
(i)
25 percent of the width of the lot; or
3293 3294
(ii)
The minimum total for both side yards prescribed by the building envelope standards of said zoning district; and
3295
(iii)
No side yard shall be less than three feet.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
81
Article 2: ZONING DISTRICTS AND USE REGULATIONS
3296 3297 3298 3299
(B)
Nonconforming Lots of Record in the C2-B District For any nonconforming lot of record in the C2-B district, development may be authorized through a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit.
3300 3301 3302 3303
(C)
Nonconforming Lots of Record in the I1-B District For any nonconforming lot of record in the I1-B district, development may be authorized through a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit.
3304 3305 3306 3307
(D)
Governmental Acquisition of a Portion of a Lot Governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required lot area or lot width below that required in the applicable zoning district shall not render the structure nonconforming.
3308 3309 3310
2.12.6 Nonconforming Parking A use or structure with nonconforming off-street parking may be physically enlarged or undergo a change in use in compliance with the provisions of this subsection.
3311
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
82
Article 3: DEVELOPMENT STANDARDS
Article 3: Development Standards
3312 3313 3314 3315 3316 3317 3318 3319 3320 3321 3322 3323 3324 3325 3326 3327
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13
3328
3.1
Measurements, Computations, and Exceptions
3329 3330 3331 3332 3333 3334 3335
3.1.1
Percentages and Fractions
3336 3337 3338 3339 3340
3.1.2
3341 3342 3343 3344
3.1.3
Measurements, Computations, and Exceptions .......................................................................83 Site Development Standards ....................................................................................................92 General Development Standards ............................................................................................110 Architectural Standards ..........................................................................................................118 Neighborhood Compatibility Standards.................................................................................123 Landscape, Screening, and Buffering Standards....................................................................129 Signage...................................................................................................................................146 Off-Street Parking, Loading, and Mobility ............................................................................160 Pedestrian Access and Circulation .........................................................................................181 Basic Subdivision Requirements ...........................................................................................183 Subdivision Design Standards ...............................................................................................190 Development Standards for the FP-O District .......................................................................205 Development Standards for the WS-O District ......................................................................222
When a calculation or ratio established in this LDC results in a fractional number or percentage, any fraction of ½ or less shall be rounded down to the next lower whole number and any fraction of more than ½ shall be rounded up to the next higher whole number. Any percentage of .5 percent or less shall be rounded down to the next lower whole number and any percentage greater than .5 percent shall be rounded up to the next higher whole number.
Distance Measurements Unless otherwise expressly stated, distances specified in this LDC are to be measured as the length of an imaginary straight line joining those points. Building square footage shall be determined by measuring the area of the building using the outermost building exterior walls.
Lot Area Measurements (A)
The area of a lot includes the total horizontal surface area within the lot’s boundaries minus any of the following, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:
3345
(1)
A vehicular or non-vehicular access easement through the parcel;
3346 3347
(2)
An easement for an open drainage course, whether a ditch, natural channel or floodway; and
3348 3349 3350 3351 3352 3353
(3) (B) (C)
Other easements restricting the use of the property. For nonconforming lots, see Section 2.12.5, Nonconforming Lots of Record. With the exception of governmental acquisition of land as provided for in Section 2.12.5(D), Governmental Acquisition of a Portion of a Lot, no lot shall be reduced in area so that the lot area per dwelling unit, lot width, yards, building area, or other requirements of this LDC are not met.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
83
Article 3: DEVELOPMENT STANDARDS
3354 3355 3356 3357 3358
3.1.4
Lot Width Measurements Lot width is the distance between the side lot lines measured at the point of the front building line where a build-to line is established or between the side lots lines measured 30 feet from the front lot line where a minimum front yard setback is required (See Figure 31).
3359 3360 3361 3362 3363 3364 3365 3366 3367 3368 3369 3370 3371 3372 3373 3374 3375 3376 3377 3378
Figure 3-1: This image shows a building that has 60 percent of the front building faรงade built to the build-to-line. In this case, the lot width is measured at the build-to-line.
3.1.5
Build-to-Line and Setback Requirements and Exceptions (A)
Build-to Lines
3379 3380 3381
(1)
Where a build-to-line is established, the front faรงade of the principal building shall be constructed along that build-to-line for the minimum percentage required (See Figure 3-1).
3382 3383 3384
(2)
Eaves and other projections may encroach into the front yard, past the buildto-line, in accordance with Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines.
3385 3386 3387 3388 3389
(3)
The city planner may waive build-to line requirements for a project with more than one building, where the project street frontage is occupied by one or more buildings in compliance with applicable build-to line requirements and secondary buildings are placed on the site to the rear of the front buildings.
3390 3391 3392
(4)
No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
84
Article 3: DEVELOPMENT STANDARDS
3393
(B)
Setbacks
3394 3395 3396 3397
(1)
Setback standards provide open areas around structures for visibility and traffic safety, access to and around structures, access to natural light, ventilation and direct sunlight, separation between potentially conflicting activities, and space for privacy, landscaping, and recreation.
3398 3399
(2)
Each structure shall comply with the front, interior side, corner street side, and rear setback requirements of the applicable zoning district, except:
3400 3401 3402
(a)
Where a front or street-side build-to line requirement is established by the applicable zoning district, in which case a proposed structure shall instead comply with the build-to line requirement;
3403 3404
(b)
Where a setback requirement is established for a specific land use type in Section 2.9, Use-Specific Standards;
3405 3406 3407
(c)
In the case of development near a waterway, which shall comply with the setback requirements established by the WS-O district, where applicable; and
3408
(d)
As otherwise provided by this section.
3409 3410 3411 3412 3413 3414
(3)
(C)
No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section. Exemptions from Setback and Build-to Line Requirements The minimum setback requirements and build-to line requirements of this LDC do not apply to the following:
3415 3416
(1)
A building feature that encroaches into a required setback as allowed by Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines;
3417
(2)
A fence or wall that is allowed pursuant to Section 3.3.1, Fencing and Walls;
3418 3419 3420 3421
(3)
A deck, earthwork, step, patio, free-standing solar device other than in a front setback, or other site design element that is placed directly upon grade and does not exceed a height of 18 inches above the surrounding grade at any one point;
3422
(4)
A sign in compliance with Section 3.7, Signage; or
3423 3424 3425 3426 3427 3428 3429
(5)
3430
(D)
A retaining wall less than 30 inches in height above finished grade. Measurement of Setbacks and Build-to Lines Setbacks shall be measured as follows, unless otherwise established elsewhere in Section 3.1, Measurements, Computations, and Exceptions, or in instances where the city planner may require different setback measurement methods because an unusual parcel configuration makes the following requirements infeasible or ineffective (See Figure 3-2).
(1)
3431 3432 3433 3434 3435
General Requirements (a)
City of Northfield, Minnesota DRAFT 1-13-11
A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel to the nearest point of the wall of the structure, except as provided for in this subsection. The front property line is the narrowest dimension of a lot adjacent to a street.
Land Development Code
85
Article 3: DEVELOPMENT STANDARDS
3436
3437 3438 3439
Figure 3-2: Setback locations and traffic safety visibility triangle.
3440 3441 3442 3443
(b)
If the city has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback, or build-to line, shall be measured from the line shown on the plan.
3444 3445 3446 3447 3448
(c)
Where the city has established specific setback requirements for individual single-dwelling parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this LDC, those setbacks shall apply to infill development within the approved project instead of the setbacks required by this LDC.
3449
(2)
Corner Lots
3450 3451 3452 3453 3454
(a)
The front setback or build-to line shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the city planner.
3455 3456 3457 3458
(b)
For the purposes of accessory uses, the rear yard shall be the setback that is on the opposite side of the lot from the front setback (front yard) from the street on which the building faces (See rear setback location on Figure 3-2).
3459 3460 3461
(c)
The side setback or side build-to-line on the street side of a corner parcel shall be measured from whichever of the following points results in the greatest setback from an existing or future roadway:
3462
(i)
The nearest point on the side property line bounding the street;
3463
(ii)
The inside edge of the sidewalk; or
3464 3465
(iii)
The boundary of a planned future right-of-way established as described in Section 3.1.5(D)(1), General Requirements.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
86
Article 3: DEVELOPMENT STANDARDS
3466
(3)
Double-frontage Lots
3467 3468 3469
(a)
3470 3471 3472 3473 3474 3475 3476 3477 3478 3479 3480 3481 3482 3483 3484 3485 3486 3487 3488 3489 3490 3491
A double-frontage lot is considered to have two front lot lines and a required front setback or build-to-line shall be provided from both front lot lines (See Figure 3-3).
Figure 3-3: Illustration of a double frontage lot, related lot lines, and related yards.
3492 3493 3494 3495
(i)
Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with the proposed building designed so that its primary faรงade faces the higher volume street.
3496 3497 3498 3499
(ii)
The city engineer may authorize alternative access locations, where appropriate, because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.
3500 3501 3502
(iii)
For the purposes of accessory uses and structures, the rear yard shall be considered the yard that is behind the front, or principal, faรงade of the building.
3503 3504
(b)
See Section 3.11.2(G), Double Frontage Lots, regarding the limited circumstances where new double frontage lots are allowed.
3505 3506
(c)
Reverse frontage on double frontage lots shall be regulated by Section 3.4.2, Reverse Frontage.
3507 3508 3509 3510 3511
(4)
City of Northfield, Minnesota DRAFT 1-13-11
Side Setbacks The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks (See Figure 3-2).
Land Development Code
87
Article 3: DEVELOPMENT STANDARDS
3512
(5)
Rear Setbacks
3513 3514 3515 3516
(a)
The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest part of the structure, establishing a setback line parallel to the rear property line (See Figure 3-2).
3517 3518 3519
(b)
Where a parcel has no rear lot line because its side lot lines converge to a point, the city planner shall be responsible for determining the location of the rear setback.
3520 3521
(E)
Limitations on the Use of Setbacks for Structures A required setback area shall not be occupied by structures other than:
3522
(1)
The fences and walls permitted by Section 3.3.1, Fencing and Walls;
3523 3524
(2)
Accessory uses permitted in the established yard per Section 2.10, Accessory Uses and Structures; and
3525 3526 3527 3528 3529 3530 3531
(3) (F)
The projections into setbacks allowed by Section 3.15(F), Allowed Encroachments into Setbacks and Build-to Lines, and the applicable zone. Allowed Encroachments into Setbacks and Build-to Lines An architectural feature attached to a principal structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3.2-1 (See also Figure 3-4). These requirements do not apply to accessory structures, which are instead subject to Section 2.10, Accessory Uses and Structures.
3532 Table 3.1-1: Allowed Projections and Encroachments Allowed Encroachment Projecting/Encroaching Feature
Front or Street Side Setback 25% of setback to a maximum of five feet. 25% of setback to a maximum of five feet.
Side Setback
Rear Setback
Attached deck, landing, porch, stoop, or May project to property line stairway that is uncovered, unenclosed, and less than 18 inches above grade Balcony, attached deck, landing, porch, 20% of side setback 20% of rear setback stoop, or stairway that may be roofed but is [1] [1] otherwise unenclosed Balcony, attached deck, landing, porch, Not allowed in setbacks. Must meet the minimum setback/build-to stoop, or stairway that is covered and line requirements of applicable zoning district enclosed Balcony, attached deck, landing, porch, stoop, or stairway that is uncovered and five feet 36 inches [1] five 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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
88
Article 3: DEVELOPMENT STANDARDS
3533
3534 3535 3536 3537 3538 3539 3540 3541 3542 3543 3544 3545 3546 3547 3548 3549 3550 3551 3552 3553 3554 3555 3556 3557 3558 3559
Figure 3-4: Allowed projections and encroachments. (G)
3.1.6
Setback Requirements for Specific Structures A detached deck, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of 18 inches above the surrounding grade at any point, shall comply with the setback requirements of this LDC for detached accessory structures in Section 2.10, Accessory Uses and Structures.
Height Measurement, Limits, and Exceptions (A)
(B)
The height of each structure shall not exceed the height limit established for the applicable zoning district (See Section 3.2, Site Development Standards) except as otherwise provided by this subsection. The maximum allowable height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane located at the maximum allowed number of feet above and parallel to the grade (See Figure 3-5). The location of natural grade shall be determined by the city planner, and shall not be artificially raised to gain additional building height.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
89
Article 3: DEVELOPMENT STANDARDS
3560 3561 3562 3563 3564
Figure 3-5: Maximum allowable height. (C)
Where specified in feet, building height shall be measured as the vertical distance from grade at the base of the structure to (See Figure 3-6):
3565
(1)
The highest point of a flat roof;
3566
(2)
The deck line of a mansard roof; or
3567 3568 3569 3570 3571 3572 3573 3574 3575 3576 3577 3578 3579 3580 3581 3582 3583 3584 3585 3586 3587 3588 3589 3590 3591
(3)
The mean height between the eaves and ridge on gable, hip, or gambrel roofs.
3592 3593
Figure 3-6: The height of a structure is measured based on the roof type. (D)
Exceptions to Height Limits The following structures and structural features may exceed the height limits of this LDC as noted:
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Architectural features including a chimney, cupola, monument, mechanical equipment, or vent may exceed the height limit by a maximum of three feet.
Land Development Code
90
Article 3: DEVELOPMENT STANDARDS
3594 3595
A spire, theater scenery loft, tower, or other uninhabitable feature may exceed the height limit by 25 feet for nonresidential uses.
3596 3597 3598
(2)
3599 3600 3601 3602 3603 3604
(3) (E)
The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with Section 2.9.17, Telecommunication Facilities and Antennas.
The height of wind energy turbines shall comply with Section 2.10.4(K), Wind Energy Turbines (WET). Height Limit at Street Corners (Traffic Safety Visibility Triangle) Development proposed adjacent to any public or private street or alley intersection in every district except C1-B shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety (See Figure 3-2, Figure 3-7, and Figure 3-8).
3605 3606 3607 3608 3609 3610 3611 3612 3613 3614 3615 3616 3617 3618 3619 3620 3621 3622 3623 3624 3625 3626 3627 3628
(1)
3629 3630 3631 3632
(2)
A traffic safety visibility area, which may include private property and/or public right-of-way, is a triangle area defined by measuring 35 feet from the intersection of the extension of the front and side street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property (See Figure 3-7).
Figure 3-7: Traffic safety visibility triangle for intersecting streets.
City of Northfield, Minnesota DRAFT 1-13-11
For intersections of streets and driveways, the traffic safety visibility area shall be created by measuring 25 feet from the edge of the driveway along the street and 20 feet along the driveway, perpendicular from the street (See Figure 3-8).
Land Development Code
91
Article 3: DEVELOPMENT STANDARDS
3633 3634 3635 3636 3637 3638 3639 3640 3641 3642 3643 3644 3645 3646 3647 3648 3649
Figure 3-8: Traffic safety visibility triangle for driveway and street intersections.
3650 3651 3652
(3)
The city planner, in consultation with the city engineer, may reduce the distance requirement where it determines a narrow parcel frontage would excessively reduce buildable area.
3653 3654 3655
(4)
No structure, sign, or landscape element shall exceed 30 inches in height, measured from the top of the curb, within the traffic safety visibility area, unless approved by the city engineer.
3656 3657
(5)
An exception to this requirement shall be for existing trees where the canopy is trimmed to a minimum of eight feet above grade.
3658
3.2
3659 3660 3661 3662 3663 3664
3.2.1
3665 3666 3667
3.2.2
Site Development Standards Purpose 1
The purpose of these site development standards is to further the purpose of this LDC and the goals and policies of the comprehensive plan. Furthermore, these standards are intended to establish appropriate lot dimensions within each zoning district, provide for appropriate scale of structures, and prescribe how structures will relate to a vibrant, pedestrian friendly streetscape.
Residential Site Development Standards (A)
Table 3.2-1 establishes the sited development standards for the residential districts.
Table 3.2-1: Residential District Site Development Standards R1-B
Permitted Density
Controlled by Lot Width and Lot Depth
R2-B R3-B Permitted Density 8.1 to 15 units per acre (Gross)
15.1 to 25 units per acre (Gross)
R4-B
N1-B
See Section 2.9.11(E)
Controlled by Lot Width and Lot Depth
Not Applicable
See Section 3.5.4
Build-to Line Front Street
City of Northfield, Minnesota DRAFT 1-13-11
See Section 3.5.4
Not Applicable
Land Development Code
Not Applicable
92
Article 3: DEVELOPMENT STANDARDS
Table 3.2-1: Residential District Site Development Standards Side Street Building Area Ratio
R1-B See Section 3.5.4 25%
Front
See Section 3.5.4
Side
See Section 3.5.4
Rear Between Buildings Max. Lot Depth Single-Family Dwelling Two-Family Dwelling Three-Family Dwelling Multi-Family Dwellings Other Forms
R2-B
R3-B
R4-B
Not Applicable
Not Applicable
Not Applicable
Building Area Ratio Not Applicable Not Applicable Building Setbacks See Note [1] See Note [1] Below Below See Note [1] Below
See Note [1] Below
See Note [1] See Note [1] Below Below Not Applicable 10 Feet 10 Feet Lot Depth 150 Feet Not Applicable Not Applicable Minimum and Maximum Lot Width
Not Applicable
Not Applicable
30% See Section 3.5.4
See Section 2.9.11(E)
30 Feet
50-75 Feet [2]
N1-B See Section 3.5.4
See Section 3.5.4 30 Feet Not Applicable
Not Applicable
Not Applicable
150 Feet 50-75 Feet [2]
See Section. 2.9.11(E)
60-85 Feet
Not Applicable
Not Applicable
75-105 Feet
Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
105 to 150 Feet
Not Applicable
See Section. 2.9.11(E)
As determined by the planning commission in the CUP review
See Section. 2.9.11(E)
See Section 3.5.4
Not Applicable
Not Applicable
As determined by the planning commission in the CUP review
Max. Building Height
See Section 3.5.4
Parking Lot Setbacks
Not Applicable
Not Applicable
Building Height See Note [3], See Note [3], below below Parking Lot Setbacks Ten feet along Ten feet along property lines property lines and public and public rights of way rights of way
60-85 Feet 80-105 Feet
NOTES: [1] Building placement requirements for one, two, and three unit residential structures are found in Section 3.5.4, Standards for Development in R1-B, R2-B, R3-B, N1-B. Building setback requirements for four or more unit residential structures are 30 feet from any property line. [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)(11), Alleys and Private Streets or for single family lots with shared driveways. [3] Building height requirements for one, two, and three unit residential structures are found in Section 3.5.4, Standards for Development in R1-B, R2-B, R3-B, N1-B. The building height requirement for four or more unit residential structures is 30 feet, but buildings may exceed 30 feet in height if for each additional ten feet of height, the building is set back an additional five feet from all adjacent buildings and lot lines.
3668 3669 3670 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
93
Article 3: DEVELOPMENT STANDARDS
Table 3.2-2: Site Development Standards for N2-B District [1]
Front Street
Side, Interior (Minimum) [3] Rear (Minimum) [3]
Side, Corner
Building Area Ratio
Max. Lot Depth
Minimum and Maximum Lot Width
One, two, or three residential units
Four to eight residential units
20 â&#x20AC;&#x201C; 25 Feet
20-25 Feet on local streets; 5 Feet on arterial, collector streets and alleys
5 Feet
10 Feet
30 Feet
20 Feet
20-25 Feet
30%
150 Feet
For singlefamily lots, see Note 4 below ; 60-85 Feet for two-family; and 75-105 Feet for three family
20-25 Feet on local streets; 5 Feet on arterial, collector streets and alleys Not Applicable
Nine or more residential units
Rowhouse
Building Placement 5- 15 Feet on local streets; 5 Feet on 15-25 Feet5 arterial or collector streets, or alleys Not 15-25 Feet Applicable 20 Feet 20 Feet
15-25 Feet
5-15 Feet on local streets; 5 Feet on arterial or collector streets, or alleys
Building Area Ratio Not Not Applicable Applicable Lot Depth Not Not Applicable Applicable
Live/Work
Neighborhoodserving Commercial
5-20 Feet
5-7 Feet
25-30 Feet
10 Feet
15 Feet
20 Feet
30 Feet
10 Feet
15-20 Feet
5 Feet 30 Feet
10-15 Feet
Not Applicable
Not Applicable 150 Feet Minimum and Maximum Lot Width 25 Feet minimum; 45 Feet for corner lots.
Not Applicable
Not Applicable
50-85 Feet
Civic Uses [2]
Not Applicable
Not Applicable
Not Applicable
Not Applicable
60 Feet Minimum; 100 Feet Maximum
Not Applicable
20 Feet (Minimum) 30 Feet (Maximum)
50 Feet (Maximum)
Building Height Building Height
Driveway Allowed on which street type
30 Feet (Maximum)
Local or collector streets, or alleys
City of Northfield, Minnesota DRAFT 1-13-11
40 Feet (Maximum)
40 Feet (Maximum) [5]
Arterial, collector, local streets or alleys
Street Type Arterial or Local, collector arterial or streets, or collector alleys streets, or alleys
40 Feet (Maximum)
Land Development Code
30 Feet (Maximum)
Arterial, collector streets, or alleys
Arterial or collector streets, or alleys
94
Arterial or collector streets, or alleys
Article 3: DEVELOPMENT STANDARDS
Table 3.2-2: Site Development Standards for N2-B District [1] One, two, or three residential units
Four to eight residential units
Nine or more residential units
Rowhouse
Live/Work
Neighborhoodserving Commercial
Civic Uses [2]
NOTES: [1]Unless otherwise noted, building placement requirements are a minimum and maximum distance from a property line. [2]Civic uses are principal uses in Table 2.7-1, including cultural institutions, public and semipublic buildings, religious institutions, and schools. [3]Building placement requirements for side (interior) and rear yards are minimum requirements. [4]Lot widths of 40 feet shall be allowed on any single family lot where access is provided by an alley as permitted in Section 3.11.3(A)(11), Alleys and Private Streets or where single family lots have shared driveways. Where an alley is not permitted, the minimum lot width for a single family home is 50 feet, and the maximum lot width for a single family home is as follows: At least 80% of lots within a subdivision shall be 50’-75’ in width Up to 20% of lots within a subdivision may be between 75’ and 100’ in width [5] A height of up to 50 feet is allowed for a building with nine or more residential units, but the impact of the building shall be mitigated according to the standards of Section 2.9.13, Multi-Family Dwellings.
3671 3672 3673 3674 3675 3676 3677
(B)
3678 3679 3680 3681 3682 3683 3684 3685 3686 3687 3688 3689 3690 3691 3692 3693 3694 3695 3696 3697 3698 3699 3700
Building Orientation in Residential Districts All residential development shall be located parallel to the associated street or be consistent with existing development patterns rather than being sited at unconventional angles, unless irregular lot layouts require alternative orientations. Such alternative orientations shall be subject to approval by the city planner (Figure 3-9).
Figure 3-9 Example of residential development that is oriented toward the primary street.
3.2.3
C1-B District Site Development Standards (A)
Table 3.2-3 identifies the site development standards for the C1-B district. Section 3.2.3(C) contains standards for buildings on the Cannon River; Section 3.2.3(D) contains standards for commercial buildings facing residential, Section 3.2.3(E)
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
95
Article 3: DEVELOPMENT STANDARDS
3701 3702 3703
contains standards for properties west of Highway 3, and Section 3.2.3(F) contains standards for properties south of 6th Street. Table 3.2-3: C1-B District Site Development Standards Build-to Line Front Street [1] Side, Corner [1]
0 Feet 0 Feet Building Setbacks
Side, Interior [2] Rear – Adjacent to Residential Rear – Adjacent to any other use
0 Feet 15 Feet 10 Feet Maximum Lot Depth
Any Use
200 Feet Maximum Lot Width
Any Use
75 Feet Building Height
Min. Building Height [3] Max. Building Height [4] Any Use Any Use
2 Stories 50 Feet Maximum Finished Ground Floor Level 12 Inches Maximum Above Sidewalk Parking Setbacks 8 Feet along property lines and 10 Feet along rights of way
NOTES: [1] Buildings located on a corner lot shall be constructed to meet the build-to-line at the corner and extend for a minimum of 40 feet in each direction from the corner. [2] The construction of a pedestrian walkway is allowed along an interior side setback area. [3] The minimum height established for the C1-B district may be reduced as allowed in subsections (E) and (F). [4] The maximum height established for the C1-B district may be exceeded only when approved as part of a conditional use permit pursuant to Section 5.5.9, Conditional Use Permit.
3704 3705
(B)
Façade Requirements
3706 3707 3708
(1)
Except for buildings constructed at the property line along Highway 3, and the exceptions listed in subsections (E) and (F), all buildings shall have a primary ground floor entrance on the front building façade.
3709 3710 3711 3712 3713 3714 3715 3716 3717 3718
(2)
To maintain the façade rhythm in the C1-B district, building façades that have a front and corner street side building façade shall incorporate façade variations a minimum of every 25 feet for each side (See Figure 3-10).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
96
Article 3: DEVELOPMENT STANDARDS
3719 3720 3721 3722 3723 3724 3725 3726 3727 3728 3729 3730 3731 3732 3733 3734 3735 3736 3737 3738 3739 3740 3741
Figure 3-10: This building uses pilasters to divide a single façade into distinct vertically-oriented storefronts that maintain the building rhythm along the street.
3742 3743
(3)
At least 80 percent of the front building façade shall be constructed at the build-to line.
3744 3745
(4)
At least 30 percent of the corner side building façade shall be constructed at the build-to line.
3746 3747
(5)
Buildings shall be parallel to the street they front unless an alternate orientation is consistent with existing adjacent development.
3748 3749 3750 3751 3752
(6)
Blank building walls facing streets or the Cannon River are prohibited. This requirement shall not apply to those walls that are not visible from a street or the Cannon River, and only visible from an alley, the rear yard of another nonresidential or mixed-use site, or completely hidden due to topography or natural features preserved as open space.
3753 3754 3755 3756 3757 3758
(7)
(C)
Window openings shall comprise at least 50 percent of the front and corner ground floor building façade in the area of the façade between three and eight feet in height above the sidewalk, and at least 25 percent of the upper floor front and corner building façades. Windows on the ground floor building façade shall not contain reflective or non-transparent glass. Buildings on the Cannon River
3759 3760 3761
(1)
Buildings on lots that have frontage on a street and on the Cannon River shall incorporate primary façade features on both the street façade and Cannon River façade.
3762 3763
(2)
Buildings shall make active use of the Cannon River frontage using entrances, patios, balconies, terraces, or decks overlooking the river.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
97
Article 3: DEVELOPMENT STANDARDS
3764
(D)
Commercial facing residential
3765 3766 3767 3768 3769
(1)
Applicability The standards in this section are applicable to property in the C1-B district in those instances when a building used for commercial purposes faces across a street property in the R1-B district that is used for one, two, or three unit residential purposes.
3770 3771
(2)
In addition to any relevant developments standards of Article 3 of the LDC, commercial buildings shall be subject to the following requirements:
3772
(a)
3773 3774
Site Plan Review The standards of this section shall be reviewed through the site plan review process established in Section 5.5.6, Site Plan Review.
3775
(b)
3776
Building Height Commercial buildings shall be two stories in height.
3777
(c)
Off-Street Parking
3778 3779
(i)
The total amount of off-street parking shall be as specified in Section3.8, Off-Street Parking, Loading, and Mobility.
3780 3781
(ii)
Off-street parking shall be established in one of the following locations (listed in priority order):
3782 3783 3784 3785 3786 3787 3788
(iii)
3789
(d)
Behind the building; Adjacent to lot lines abutting nonresidential development; On a lot’s corner side.
Off-street parking may be established adjacent to lot lines abutting residential uses only if the applicant can demonstrate that there is no other alternative location for the parking, and can demonstrate that the parking area will be screened from view.
Outdoor Lighting
3790
Outdoor lighting shall:
3791
(i)
Have a maximum height of 15 feet;
3792
(ii)
Be directed down and away from adjacent residential lots.
3793 3794
(iii)
The requirements of Section 3.3.3, Outdoor Lighting Standards, shall also apply.
3795
(e)
3796 3797 3798
Signs Sign regulations for the C1-B district shall be as provided in Section 3.7, Signage.
(E)
Properties West of Highway 3
3799 3800 3801
(1)
Applicability The standards in this subsection are applicable to property in the C1-B district located west of Highway 3.
3802 3803 3804
(2)
Exceptions to C1-B District Site Development Standards The following exceptions may be allowed for the properties west of Highway 3 in the C1-B District:
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
98
Article 3: DEVELOPMENT STANDARDS
3805
(a)
Building Height
3806 3807 3808 3809 3810
An exception to the minimum building height requirement in Table 3.2-3 to allow a one story building may be approved by the city council through the conditional use permit process in Section 5.5.9, Conditional Use Permit. The following criteria shall be considered in making the decision to approve a conditional use permit:
3811 3812 3813
(i)
Due to the greater building square footage of a second story building, the applicant is not able to meet the minimum number of parking spaces in Table 3.8-1 and Table 3.8-2.
3814 3815
(ii)
The allowable uses of the first and second floors are incompatible with one another.
3816
(b)
3817 3818 3819 3820 3821 3822 3823 3824
Building Location An exception to the required front build-to line in Table 3.2-3 may be approved through the Site Plan Review process in Section 5.5.6, Site Plan Review if a plaza, outdoor seating area, outdoor dining, or similar feature is constructed in front of the building. In this instance, the front building façade may be located to a maximum distance of 15 feet from the front property line, and shall have a primary ground floor entrance on the primary front building façade.
(F)
Properties south of Sixth Street
3825 3826
(1)
The standards in this subsection are applicable to property in the C1-B district located south of 6th Street.
3827 3828 3829 3830 3831 3832 3833 3834
(2)
Building Location An exception to the required front build-to line in Table 3.2-3 may be approved through the Site Plan Review process in Section 5.5.6, Site Plan Review if a plaza, outdoor seating area, outdoor dining, or similar feature is constructed in front of the building. In this instance, the front building façade may be located to a maximum distance of 15 feet from the front property line, and shall have a primary ground floor entrance on the primary front building façade.
3835
(G)
Other Requirements
3836 3837 3838 3839 3840 3841 3842 3843 3844
(1)
Any section along the build-to-line that is not defined by a building wall shall maintain a sense of the existing street wall and create a space that enhances the pedestrian’s experience through the use of garden walls, landscaping, street furniture, public art, or fountains. Urban open space shall provide accessibility, including the disabled, and encourage social interaction. If the building is located in the Historic Overlay District (H-O), these site elements shall be approved by the heritage preservation commission as part of the certificate of appropriateness review (See Section 2.5.3, Historic Overlay District (H-O)).
3845 3846 3847
(2)
Architectural elevations for all new or modified buildings shall include design, massing, materials, shape, and scale that are compatible with the surrounding buildings.
3848 3849 3850
(3)
Buildings shall be constructed of high-quality materials such as brick, stone, textured cast stone, or tinted masonry units. The following exterior principal building materials are not acceptable:
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
99
Article 3: DEVELOPMENT STANDARDS
3851
(a)
Plain concrete block;
3852
(b)
Plain-faced tilt-up concrete panels;
3853
(c)
Pre-fabricated steel or sheet metal panels; or
3854
(d)
Aluminum, vinyl, fiberglass, asphalt, or fiberboard siding.
3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 3865 3866
3.2.4
C2-B District Site Development Standards Site development standards in the C2-B district are administered in two possible development tracks hereinafter referred to as Fast Track or Flexible Track. Building placement, architectural objectives and architectural standards applicable to Fast Track development are intended to accomplish the same development and regulatory purpose as the general architectural objectives and architectural standards applicable to Flexible Track development. All projects proposed for development in the C2-B district shall adhere to these development standards and objectives in either Fast Track or Flexible Track development. (A)
C2-B District Site Development Standards - Commercial Uses Table 3.2-4 identifies the site development standards for commercial buildings in the C2-B district.
3867
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
100
Article 3: DEVELOPMENT STANDARDS
3868 Table 3.2-4: C2-B District Site Development Standards – Commercial Uses Fast Track Building Placement Build to line
20’ except that where vehicle parking is proposed between the building and the front and corner side lot line, there shall be sufficient area devoted to the installation of a landscaped greenbelt/buffer area as provided for in Section 3.2.4(J), Greenbelt/Landscape Buffer Requirements.
Front Street
Flexible Track Setback
0’ to 15’ -no parking between front and /or corner side lot line and the principal building; 15’ to 55’- one row of parking between front and/or corner side lot line and the principal building; 55’ to 72’- two rows of parking between the front and/or corner side lot line and the principal building; Exceptions to the these building placement standards may be approved for the C2-B District regulations as part of a conditional use permit pursuant to Section 5.5.9(D)(4), Conditional Uses in the WS-O district are also subject to the conditional use regulations of Section 3.13.9, Conditional Use Permits.
Fast and Flexible Tracks: Other Setback Requirements Side, Interior (Minimum)
5 Feet – Buildings under 25 Feet in height 10 Feet – Buildings Over 25 Feet in height 15 feet- adjacent to residential zone
Rear – (Minimum)
Minimum City of Northfield, Minnesota DRAFT 1-13-11
10 feet - adjacent to other non-residential uses and zones. Fast and Flexible Tracks: Lot Area 10,000 Square Feet Land Development Code
101
Article 3: DEVELOPMENT STANDARDS
Table 3.2-4: C2-B District Site Development Standards – Commercial Uses Fast and Flexible Tracks: Lot Width 60 Feet Fast and Flexible Tracks: Building Footprint 50,000 Square Feet Fast and Flexible Tracks: Building Height
Minimum Maximum
Maximum (Height may exceed with approval of a Conditional Use Permit) Street Type
3869 3870 3871 3872 3873
(B)
50 Feet Not applicable
C2-B Commercial Uses – Fast Track
(1)
Fast Track - General Architectural Objectives All structures using the Fast Track shall be constructed in compliance with the following objectives:
3874 3875 3876
(a)
The physical design of buildings, including color and use of material shall be compatible with the visual and physical characteristics of adjacent buildings and the overall community character.
3877 3878 3879 3880 3881
(b)
Where more than one building design for a principal building may already exist or has been constructed elsewhere, the building design that most directly adheres to the purpose statement of the C2-B district shall be proposed by the applicant and approved by the city as long as all other development requirements are complied with.
3882
(2)
3883
Fast Track – Specific Architectural Design Standards (a)
3884 3885 3886
Building Orientation Buildings shall be parallel to the street that they front unless an alternate orientation is consistent with existing adjacent development.
3887
(b)
Fast Track - Primary Entrance Orientation
3888
The primary entrance of buildings shall be oriented:
3889 3890
(i)
Towards the primary street the building fronts if the building is located within 15 feet from the front property line; or
3891 3892 3893 3894
(ii)
Towards streets or driveways in the interior of the development if the building is located less than 15 feet from the front property line or if none of the buildings façades has frontage on a public street.
3895
(c)
Fast Track - Building Façades
3896
Building façades shall comply with the following standards:
3897 3898 3899 3900 3901
(i)
City of Northfield, Minnesota DRAFT 1-13-11
Blank building walls facing streets are prohibited except for those walls that are not visible from a street and only visible from an alley, the rear yard of another nonresidential site, or completely hidden due to topography or natural features preserved as open space Land Development Code
102
Article 3: DEVELOPMENT STANDARDS
3902 3903 3904 3905 3906 3907
(ii)
3908
(d)
3909 3910 3911 3912 3913 3914 3915 3916 3917 3918 3919 3920 3921 3922 3923 3924 3925 3926 3927 3928 3929 3930 3931 3932 3933 3934 3935 3936 3937 3938 3939 3940 3941
Although the front façade of a building is expected to be the focal point in terms of the level of architectural character and features, all sides of buildings that are visible from a public roadway, an adjacent building, or that have frontage on the Cannon River, shall incorporate architectural detailing on all façades that is consistent with the front façade.
Fast Track - Building Massing (i)
Buildings shall at a minimum incorporate the requirements of either Section 3.2.4(D)(1) or Section 3.2.4(D)(2) of this subsection.
Architectural elevations of buildings may consist of a base, a body, and a cap (See Figure 3-11).
Figure 3-11: Image of a building with a clear, base, body, and cap.
3942 3943 3944 3945
(ii)
Buildings should be designed to incorporate architectural elements creating variety, façade rhythm, and wall surface relief a minimum of every 50’ by incorporating one or more of the following elements:
3946 3947 3948 3949 3950
(iii) City of Northfield, Minnesota DRAFT 1-13-11
The cap shall consist of at least one of the following architectural features: a cornice, parapet, awning, canopy, or eaves. The base and cap shall be clearly distinguishable from the body through changes in color, material, pattern, profile, or texture. A cap and base shall incorporate at least two of these design elements.
Carved out recesses Arches Courtyards Vertical or horizontal offsets (See Figure 3-11).
Alternatives to using façade variations and reliefs may include: Land Development Code
103
Article 3: DEVELOPMENT STANDARDS
3951 3952 3953 3954 3955 3956 3957
3958
(e)
3959
Façade color changes following the same dimensional standards as the wall offset requirements; or Pilasters having a minimum depth of one foot, a minimum width of one foot, and a minimum height of 80 percent of the façade’s height; or Roofline changes when coupled with correspondingly aligned façade material changes.
Fast Track - Building Materials Building shall be constructed of high-quality materials:
3960 Table 3.2-5: Building Materials – Fast Track Permitted Materials Shall Include but are not Limited to: Stone Brick
Prohibited Materials Plain concrete block Plain faced concrete Panels
Textures Stone
Prefabricated steel or sheet metal Aluminum, Vinyl, Fiberglass, Asphalt, or Fiberboard Siding
Tinted Masonry Units Decorative/Textured Concrete Panel Cement Fiber Board
3961 3962
(f)
Fast Track - Window Openings
3963 3964 3965 3966
(i)
Window openings shall comprise at least 35 percent of the front building façade in the area of the façade between three and eight feet in height above grade, and shall not contain reflective or nontransparent glass.
3967 3968 3969 3970
(ii)
A building façade that is 15 feet or less and faces a corner street side property line shall have at least one window opening that is at least 25 square feet in size and is within ten feet of the primary façade of the building.
3971
(g)
Fast Track - Customer Entrance Design
3972 3973 3974
Buildings shall have clearly-defined, highly visible customer entrances that include no less than three of the following design features:
3975
(i)
Canopies/porticos above the entrance;
3976
(ii)
Roof overhangs above the entrance;
3977
(iii)
Entry recesses/projections;
3978
(iv)
Arcades that are physically integrated with the entrance;
3979
(v)
Raised corniced parapets above the entrance;
3980
(vi)
Gabled roof forms or arches above the entrance;
3981 3982
(vii) Outdoor plaza adjacent to the entrance having seating and a minimum depth of 15 feet;
3983
(viii) Display windows that are directly adjacent to the entrance; City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
104
Article 3: DEVELOPMENT STANDARDS
3984 3985 3986
(ix)
Architectural details, such as tile work and moldings, that are integrated into the building structure and design and are above and/or directly adjacent to the entrance; or
3987 3988 3989
(x)
Integral planters or wing walls that incorporate landscaped areas or seating areas. A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof.
3990
(h)
3991 3992 3993 3994 3995 3996
Fast Track - Screening of Properties near the Cannon River If property is adjacent to a city-owned park or trail land along the Cannon River, landscaping shall be incorporated along the perimeter of the property in accordance with Table 3.6-3 of this LDC, if it does not already exist, to screen parking lots, outdoor storage, and loading spaces from view of park or trail users.
(C)
C2-B – Commercial Uses - Flexible Track
(1)
3997 3998 3999
Flexible Track - General Architectural Design Objectives All structures constructed using the flexible track shall adhere to the following general design objectives:
4000 4001 4002
(a)
The physical design of buildings, including color and use of material shall be compatible with the visual and physical characteristics of adjacent buildings and the overall community character.
4003 4004 4005 4006 4007
(b)
Where more than one building design for a principal building may already exist or has been constructed elsewhere, the building design that most directly adheres to the purpose statement of the C2-B district shall be proposed by the applicant and approved by the city as long as all other development requirements are complied with.
4008 4009 4010
(c)
Buildings should be designed and situated on sites to complement the existing natural and built environment, as well as to provide compatibility and connectivity with neighboring sites.
4011 4012 4013 4014
(d)
Buildings shall be placed or landscaping improvements shall be located on the site to occupy the street edge to the greatest degree possible, creating a continuous pedestrian oriented façade along the street.
4015 4016 4017 4018
(e)
Building corners at primary intersections shall be treated as prominent features, taking advantage of the opportunity to create a unique district identity by incorporating attractive entrances and architectural features.
(2)
4019 4020
Flexible Track -Specific Architectural Design Standards (a)
4021
Flexible Track - Building Materials Buildings shall be constructed of quality materials such as:
4022 Table 3.2-6: Building Materials – Flexible Track Permitted Materials Shall Include but are not Limited to: Stone Brick City of Northfield, Minnesota DRAFT 1-13-11
Prohibited Materials Plain concrete block Plain concrete Panels
Land Development Code
105
Article 3: DEVELOPMENT STANDARDS
Table 3.2-6: Building Materials – Flexible Track Permitted Materials Shall Include but are not Limited to:
Prohibited Materials
Textures Stone
Prefabricated steel or sheet metal Aluminum, vinyl, fiber board, asphalt siding
Tinted Masonry Units Decorative/Textured Concrete Panel Cement Fiber Board
4023 4024
(b)
Flexible Track - Building Façades and Massing
4025 4026 4027 4028
(i)
Building design shall emphasize a human scale at ground level, at entryways, and along street frontages through the creative use of windows, doors, columns, canopies, and awnings or other architectural elements.
4029 4030
(ii)
Building façades should be designed to have a rhythm and pattern measured according to human movement and scale.
4031 4032 4033 4034
(iii)
A single, large, dominant building mass should be avoided. Where large structures are proposed, wall massing should be broken up through the use of setbacks, projecting and recessed elements, and similar design techniques.
4035
(c)
4036 4037 4038 4039 4040 4041 4042 4043
Flexible Track - Pedestrian Circulation Site and building design shall include site improvements that create a system of pedestrian circulation onsite from parking areas to plazas, open space, other pedestrian pathways, and to adjoining buildings. Existing and proposed pedestrian and or bicycle circulation systems and easements shall be integrated into site design.
(D)
C2-B - Non-commercial Uses Table 3.2.4.1 identifies the site development standards for non-commercial buildings in the C2-B district.
4044 Table 3.2-7: Site Development Standards – Non-Commercial Uses Four to eight residential units
25 Feet
City of Northfield, Minnesota DRAFT 1-13-11
Nine or more residential units
Rowhouse
Live/Work
Building Placement Front Build to Line 5- 15 Feet on local streets; 15-25 Feet 25 Feet on 5-15 feet collector streets Land Development Code
Civic Uses [2]
5 – 15 feet
106
Article 3: DEVELOPMENT STANDARDS
Table 3.2-7: Site Development Standards â&#x20AC;&#x201C; Non-Commercial Uses Four to eight residential units
10 Feet
20 Feet 25 Feet Not Applicable 60 Not Applicable 50 Feet Local streets
4045 4046 4047
(E)
Nine or more residential units
Rowhouse
Live/Work
Interior Side Yard Build to Line Not 15-25 Feet Applicable 10 feet Corner Side Yard Build to line 20 Feet 20 Feet 5 â&#x20AC;&#x201C; 15 feet 25 Feet 25feet 25feet Minimum Lot Area Not Not Not Applicable Applicable applicable Minimum Lot Width 60 60 60 Maximum Building Footprint ? Not Not Applicable Applicable Maximum Building Height 50 feet 50 feet 50 feet Street Type Local streets Local streets Local or collector street
Civic Uses [2]
15 Feet
30 Feet 25 Feet Not Applicable 60 Not Applicable 50 Feet Local or collector street
C2-B Parking Options and Landscape Requirement Options
(1)
General requirements for parking lot greenbelt/landscaping buffer:
4048 4049
(a)
Each landscaped tree area within a parking lot cannot be less than 100 square feet.
4050 4051
(b)
Each of the options below has its own greenbelt/buffer strip tree requirements.
4052 4053
(c)
The greenbelt is required on any side of the building that contains parking and faces a street, arterial or neighborhood.
4054 4055
(d)
List of Approved Landscape Trees and Plant Materials as approved by the City shall be followed in the selection of the species of trees.
4056
(2)
4057
Greenbelt/Landscape buffer requirements by parking options (a)
Option #1: No parking in front of the building
4058 4059
(i)
A front greenbelt/buffer strip is not required; no requirement for berm.
4060
(ii)
One tree for every 15 parking spaces on the side of the building.
4061 4062
(iii)
Location of the trees/landscaping to be determined by the business.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
107
Article 3: DEVELOPMENT STANDARDS
4063
(b)
Option #2: Parking in front of the building â&#x20AC;&#x201C; limit two rows/20 spaces
4064
(i)
No required berm.
4065 4066 4067
(ii)
A greenbelt/buffer shall be required at a width of 15 feet at the front of the building and shall be located between the parking area and a street, arterial, frontage road or neighborhood.
4068 4069
(iii)
The greenbelt/buffer shall include one tree and seven bushes for every 40 feet of frontage.
4070
(iv)
One tree for every 15 parking spaces is required for side parking.
4071 4072
(c)
Option #3: Parking in front of the building â&#x20AC;&#x201C; maximum of 50 percent of total parking spaces for the building
4073
(i)
A greenbelt/buffer as defined in Option #2 is required.
4074 4075
(ii)
In addition, the buffer shall include a berm that is three feet in height.
4076 4077
(iii)
In addition, one tree for every 15 parking spaces to be placed within the parking spaces in the front and side of the building.
4078 4079
(iv)
Location of trees with in the parking lot to be approved with the site development plan.
4080 4081 4082
(F)
4083 4084 4085 4086 4087 4088 4089 4090 4091
3.2.5
4092 4093 4094 4095 4096 4097
3.2.6
Specific Architectural Design Standards for Residential Buildings shall adhere to the requirements found in Section 3.4.3, Architectural Design Requirements for Nonresidential Principal Buildings in C2-B.
I1-B District Site Development Standards (A) (B) (C) (D) (E) (F)
The minimum lot size shall be 20,000 square feet. The minimum lot width shall be 100 feet. The minimum front yard setback shall be 20 feet. The minimum side yard setback shall be 15 feet from a lot line or 20 feet from a street. The maximum height shall be 50 feet unless authorized by a conditional use permit. Parking lot setbacks are five feet along property lines and ten feet along rights of way.
A-S District Site Development Standards (A)
(B) (C)
The minimum lot size shall be 35 acres unless a smaller lot or lots is part of an approved annexation process in which case the smaller lots shall be permitted and shall be considered to be legally conforming lots. The minimum front yard setback is 70 feet. The minimum rear yard setback shall be:
4098
(1)
50 feet for nonagricultural structures;
4099
(2)
100 feet for structures used to house livestock; and
4100 4101
(3)
(D)
Ten feet for accessory buildings. The minimum side yard setback shall be:
4102
(1)
15 feet for nonagricultural structures;
4103
(2)
100 feet for structures used to house livestock; and
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
108
Article 3: DEVELOPMENT STANDARDS
4104 4105 4106
(3) (E)
4107 4108 4109 4110 4111 4112 4113 4114 4115
3.2.7
4116 4117
3.2.8
Ten feet for accessory buildings. The maximum height of principal buildings shall be 50 feet except for agricultural structures such as, but not limited to, silos and barns.
PB-S Public Benefit Site Development Standards (A) (B) (C) (D) (E) (F) (G)
Minimum Lot/Parcel Size - 43,560 square feet Minimum Lot Width – 40 feet Minimum Front Yard Setback - 20 feet, except that in areas zoned C1-B the front yard setback is 0 feet Minimum Interior Lot Side yard setback - 10 feet Minimum Corner Lot side yard setback - 15 feet Minimum Rear yard setback - 20 feet Parking requirements - Parking shall be constructed in compliance with Section 3.8
CD-S District Site Development Standards (A)
IDA Sub-zone
4118
(1)
The minimum lot size - no minimum.
4119
(2)
The minimum lot width - 0 feet
4120
(3)
The minimum front yard setback - 0 or as required by state building code.
4121
(4)
The minimum side yard setback – 0 or as required by state building code.
4122
(5)
The maximum height – No maximum
4123
(6)
Parking Requirement - See Table 3.8-2.
4124 4125 4126
(7) (B)
Multiple Buildings - More than one principal building may be permitted on a single lot PTA Sub-zone
4127 4128
(1)
Maximum lot coverage – 40% including all buildings, other structures, and impervious surfaces
4129 4130
(2)
Multiple Buildings – More than one principal building may be permitted on a single lot
4131 4132 4133 4134 4135 4136 4137 4138
(3)
4139 4140 4141 4142 4143
(C)
3.2.9
Other Development Standards - All other development standards shall be as governed by the Conditional Use Permit process and approval criteria provided for in Section 5.5.9 of this Land Development Code. CD-S General Development Standards Existing structures and uses of land and all new development proposed in the CD-S zone shall adhere to the General Development Standards found in Section 3.3.1 Fences and Walls, Section 3.3.3 Outdoor Lighting, and Section 3.3.4 Performance Standards as applicable.
ED-F District Site Development Standards (A) (B) (C)
The minimum lot size shall be 20,000 square feet. The minimum lot width shall be 100 feet. The front build-to line shall be within 30 to 65 feet of a lot line that is adjacent to a street.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
109
Article 3: DEVELOPMENT STANDARDS
4144 4145 4146 4147 4148 4149
(D) (E) (F) (G)
The front building façade shall have a relationship with the street that creates a pedestrian environment and frames the street. The minimum side yard setback shall be ten feet from a lot line or 20 feet from a side street. The maximum height shall be 50 feet unless authorized by a conditional use permit. More than one principal building may be located on a single lot.
4150
3.3
General Development Standards
4151 4152
3.3.1
Fencing and Walls (A)
Applicability
4153 4154
(1)
The requirements of this section shall apply to all fences and walls unless otherwise stated.
4155 4156 4157 4158
(2)
A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) on file in the city plannerâ&#x20AC;&#x2122;s office shall require a zoning certificate, and shall comply with all requirements of the city engineer in addition to the requirements of this section.
4159 4160 4161 4162
(3) (B)
These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety. General Requirements These requirements apply to fences in all zoning districts:
4163
(1)
The finished side of a fence shall face the adjacent property.
4164 4165 4166
(2)
All fences shall comply with the sight distance triangle requirements of Section 3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle).
4167 4168 4169
(3)
All fences, including footings, shall be located entirely upon the property whose owner or occupant constructs the fence. It is the property owner's or occupant's responsibility to locate property lines prior to installing a fence.
4170 4171
(4)
Razor wire fencing, concertina, above ground electrical fences, and barbed wire fences are prohibited.
4172 4173
(5)
Fences used to enclose an outdoor pool shall meet the requirements of Section 2.10.4(G), Swimming Pools, Hot Tubs, and Spas.
4174 4175
(6)
All fences shall be maintained in good repair. Any fence that is potentially dangerous or in disrepair shall be removed or repaired.
4176 4177 4178
(7)
No temporary fence, such as a snow fence or erosion control fence, shall be permitted on any property for a period in excess of 30 days unless approved by the city engineer.
4179 4180 4181 4182
(8)
The city planner may authorize temporary fencing that is necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. Such fencing shall be removed upon completion of construction.
4183 4184 4185
(9)
Fencing may be allowed in drainage and utility easement areas in side and rear yards. Where such fences are installed the City will not be responsible for repairing or replacing the fence if work needs to be done in the easement.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
110
Article 3: DEVELOPMENT STANDARDS
4186
(C)
Height
4187 4188
(1)
Fences shall be measured from grade to the height of the fence (not the support structures).
4189
(2)
All fences more than six feet in height require a building permit.
4190
(3)
Fences around dog kennels shall be limited in height to eight feet in height.
4191 4192 4193
(4)
Fences in residential zoning districts shall be limited to four feet in height in front yards and corner side yards. Fences in side and rear yards shall be limited to six feet in height, except for dog kennels.
4194 4195 4196 4197 4198 4199 4200 4201
(5)
(D)
Fences in commercial and industrial zoning districts shall be limited to four feet in the front yard and to eight feet in the side, corner side and rear yards. Retaining Walls Retaining walls supporting an embankment to be retained on any lot that exceeds 48 inches in height shall be benched, so that no individual vertical segment of a retaining wall exceeds a height of six feet except where the city engineer determines that topography requires a wall of greater height. Each individual horizontal bench segment, so constructed, shall be a minimum width of 36 inches (See Figure 3-12).
4202 4203 4204 4205 4206
(1)
Retaining walls over 48 inches, measured from the top of the footing to the top of the wall, are required to be designed and certified by a registered professional licensed in Minnesota. A copy of the signed construction drawings should be submitted with a site plan or building permit in the case of a residential application.
4207 4208 4209 4210
(2)
Any retaining wall shall be approved by the city planner, in consultation with the city engineer, who will review the retaining wallâ&#x20AC;&#x2122;s effects on drainage and erosion on the property and the neighboring properties.
4211 4212 4213 4214 4215 4216 4217 4218 4219 4220 4221 4222 4223 4224 4225 4226
Figure 3-12: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
111
Article 3: DEVELOPMENT STANDARDS
4227 4228 4229
3.3.2
Outdoor Dining, Display, and Storage (A)
Outdoor Dining Areas Outdoor dining areas on a private property shall be regulated as follows:
4230 4231 4232 4233
(1)
An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site; provided, the outdoor eating area shall comply with the parking requirements of Section 3.8, OffStreet Parking, Loading, and Mobility.
4234
(2)
Outdoor dining areas shall be designated on the site plan.
4235 4236 4237 4238
(3)
If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required.
4239 4240
(4)
Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard.
4241 4242 4243 4244 4245
(5)
(B)
Enclosing an outdoor dining area either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a zoning certificate. Outdoor Sales and Storage of Goods and Materials
4246 4247 4248
(1)
Seasonal Agricultural Sales Seasonal agricultural sales are regulated in Section 2.11.4(E), Seasonal Agricultural Sales.
4249 4250 4251 4252
(2)
Outdoor Sale and Display Areas Temporary and permanent facilities for outdoor display sales (e.g., garden supply sales, news and flower stands, and similar uses) may be permitted in the C1-B and C2-B districts upon compliance with the following provisions:
4253 4254
(a)
Outdoor sale and display areas are prohibited on vacant lots unless approved in advance by the city planner as a temporary use.
4255 4256 4257
(b)
Outdoor sale and display areas may be permitted provided that the merchandise is displayed along the sidewalk, the walkway adjacent to the building, or in the side yard.
4258 4259 4260 4261
(c)
The placement of the merchandise shall not interfere with customer movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walk way shall be clear of merchandise to allow for safe pedestrian movement.
4262 4263 4264 4265 4266
(d)
The outdoor display and sale of bulk or large products that exceed 20 pounds, including, but not limited to mulch (bag or bulk), concrete, salt, or other similar products that cannot be easily carried into the store for purchase shall be required to meet the requirements of Section 3.3.2(B)(4), Outdoor Storage of Goods.
4267 4268
(e)
Temporary outdoor sales and display areas may be authorized in a parking lot under the following provisions:
4269 4270
(i)
City of Northfield, Minnesota DRAFT 1-13-11
The maximum time the temporary outdoor sales and display areas shall be authorized is for 90 days per year; Land Development Code
112
Article 3: DEVELOPMENT STANDARDS
4271 4272 4273
(ii)
Temporary outdoor sales and display areas shall only be authorized with a Temporary Use Permit pursuant to Section 5.5.2, Temporary Use Permit; and
4274 4275 4276
(iii)
In no case shall the outdoor sales or display area reduce the amount of off-street parking spaces to a number below the minimum number of required spaces.
4277 4278 4279 4280 4281
(3)
Storage of Materials No front or street side setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid building permit.
4282 4283 4284
(4)
Outdoor Storage of Goods Outdoor storage areas may be permitted where such storage areas comply with the following regulations:
4285
(a)
Outdoor storage of goods shall be prohibited on vacant lots.
4286 4287
(b)
Outdoor storage shall comply with all applicable state and federal regulations.
4288 4289 4290 4291
(c)
Outdoor storage of goods may be permitted provided that the storage areas are located in the side or rear yard. In no cases shall the outdoor storage of goods be permitted between a principal building and a street.
4292 4293 4294 4295 4296
(d)
Storage of any goods or materials shall not exceed six feet in height unless the storage is fully screened by a six foot high fence or wall that is architecturally compatible with the main structure in material type and color (See Figure 3-25 in Section 3.6.10(D), Fence or Wall Screens)
4297 4298 4299 4300 4301 4302 4303 4304 4305 4306 4307
3.3.3
Outdoor Lighting Standards (A)
Purpose It is the purpose of these lighting standards to recognize the values as expressed by the International Dark Sky Association and implement lighting standards that will serve to enhance the value of dark sky and minimize ambient lighting to the degree possible. These regulations are intended to minimize the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. With respect to motor vehicles in particular, safety considerations form the basis of the regulations contained in this section. In other cases, both the nuisance and hazard aspects of glare are the basis for these regulations.
(B)
Outdoor Lighting Plan
4308 4309 4310
(1)
An exterior light plan shall be required for the installation or modification of exterior lights for any project requiring site plan review (See Section 5.5.1(B)(3), Type 3 Review Procedure).
4311 4312
(2)
The lighting plan shall be prepared by a certified professional either an architect, landscape architect or lighting designer.
4313 4314 4315
(3)
The applicant must provide a plan that identifies the location, height and type of luminaries and shows how the applicant intends to comply with this section.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
113
Article 3: DEVELOPMENT STANDARDS
4316 4317 4318 4319
(4)
(C)
A photometric plan of the site and fixture data sheets must be submitted with the site plan in order to determine the effect of the luminaries on surrounding properties. Outdoor Lighting Standards
4320 4321 4322 4323 4324 4325
(1)
The placement of light poles within raised curb planter areas or landscaped islands is encouraged to the extent practical. Where conflict may occur as a result of adherence to this standard with respect to parking lot trees that may obscure required lighting, the design of a parking lot lighting shall be modified to overcome these conflicts and shall be interpreted as being in compliance with lighting standards.
4326 4327 4328
(2)
All wiring, fittings, and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the State Electrical Code in effect.
4329 4330 4331
(3)
The maximum height of a light fixture, either mounted on a pole or on a structure, is established in Table 3.3-1. Table 3.3-1: Maximum Height of a Light Fixture District
Maximum Height of 90O Cutoff Lighting (See Figure 3-13)
R1-B, R2-B, R3-B, R4-B, N1-B, 12 feet [1] A-S, and NC-F districts C1-B, C2-B, I1-B, CD-S, PI-S, 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.
4332
4333 4334 4335
Figure 3-13: Cutoff lighting.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
114
Article 3: DEVELOPMENT STANDARDS
4336
(4)
Illumination Standards
4337 4338 4339
(a)
Outdoor lighting shall not be designed or located in such a way as to shine directly into an adjacent dwelling unit, regardless of the applicable zoning district.
4340 4341 4342
(b)
The maximum illumination permitted in each district type, as demonstrated by a photometric drawing, shall be as shown in Table 3.3-2 below:
4343 4344 Table 3.3-2: Maximum Illumination Level at the Property Line District R2-B, R3-B, R4-B, and NC-F districts
Maximum Illumination across the Property or Area (average footcandles)
Maximum Illumination at the Property Line (footcandles)
1.5
0.1
C1-B, C2-B, I1-B, CD-S, PI-S, and ED-F districts
2.5
Parking lots of six spaces or more
2.0
0.1 when adjacent to a residential use or 2.5 when adjacent to lot in the same district 0.1 when adjacent to a residential use or 0.5 when adjacent to a nonresidential use
4345 4346 4347
(c)
When parking lots are within 15 feet of a property line, the placement cutoff light fixtures shall be designed to maintain the illumination levels at the property line as cited in Table 3.3-2.
4348 4349 4350 4351 4352 4353
(d)
Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. "Wall Packs" on the exterior of the building shall be fully shielded (true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward.
4354 4355 4356 4357 4358 4359
(5)
Exemptions Outdoor athletic facilities developed on property zoned CD-S College Development Zone and other zones where athletic facilities are a permitted or accessory use shall be exempt from the lighting standards of this section except that lighting for such facilities shall adhere to these standards after 12:00 a.m.
4360
(6)
Nonconforming Outdoor Lighting
4361 4362 4363 4364
(a)
The nonconforming use of lighting may continue until the luminaire (total fixture, not just the bulb) is replaced, at which point the lighting shall be subject to all the standards of this subsection with the exception of the maximum height.
4365 4366 4367 4368
(b)
When a nonconforming lighting fixture, including the pole or support, is removed, the lighting fixture shall lose its legal nonconforming status and all new lighting shall be subject to all standards of this subsection.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
115
Article 3: DEVELOPMENT STANDARDS
4369 4370 4371 4372 4373
3.3.4
Performance Standards (A)
Purpose This section provides performance standards that are intended to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses.
4374 4375 4376 4377 4378
(B)
Applicability The provisions of this section apply to all new and existing land uses, including permanent and temporary uses in all zoning districts, unless an exemption is specifically provided. Uses existing on the effective date of this section shall not be altered or modified thereafter to conflict with these standards.
4379 4380 4381
(C)
Air Emissions No gasses, or smoke shall be emitted, except as necessary for the heating or cooling of structures.
4382 4383 4384 4385
(D)
Combustibles and Explosives The use, handling and transportation of combustibles and explosives shall comply with the International Fire Code and is subject to review by the Minnesota Department of Transportation.
4386 4387 4388 4389 4390 4391
(E)
Dust Dust created by any non-agricultural activity or use of land of one acre or more or the operation of any vehicle or equipment associated with land disturbing activity of one acre or more is prohibited. Water application techniques that eliminate or minimize the creation of fugitive dust shall be required when dust from such use or activity occurs.
4392 4393 4394 4395
(F)
Ground Vibration No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities.
4396 4397 4398
(G)
Light and Glare Outdoor lighting shall comply with the requirements of Section 3.3.3, Outdoor Lighting Standards.
4399 4400 4401 4402
(H)
Liquid Waste No liquid, including dewatering waste, shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable local and state regulations.
4403
(I)
Noise
4404 4405 4406
(1)
It shall be unlawful to make, continue or cause to be made or continue any noise in excess of the noise levels set forth in this section unless such noise is reasonably necessary to the preservation of life, health, safety or property.
4407 4408 4409 4410 4411
(2)
Any activity not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property line of any property or if a condominium or apartment house within any adjoining apartment by more than six decibels above the ambient noise levels as designated in the Table 3.3-3 at the time and place and for the
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
116
Article 3: DEVELOPMENT STANDARDS
4412 4413 4414 4415
duration then mentioned shall be deemed to be a violation of the section, but any enumeration in this subsection shall not be deemed to be exclusive:
Table 3.3-3: Maximum Decibels by District 7:00 a.m.--6:00 p.m. (All districts)
Duration of Sound
6:00 p.m.--7:00 a.m. (Residential districts)
6:00 p.m.--7:00 a.m. (All other districts)
Less than ten minutes
75 db
60 db
70 db
Between ten minutes and two hours
70 db
50 db
60 db
In excess of two hours
60 db
40 db
50 db
4416 4417 4418
(3)
In determining whether a particular sound exceeds the maximum permissible sound level in Table 3.3-3:
4419 4420 4421
(a)
Sounds in excess of the residential district limitations as measured in a residential district are in violation of this section whether the sound originates in a residential district or any other district.
4422 4423 4424 4425
(b)
During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in column entitled 6:00 p.m. â&#x20AC;&#x201C; 7:00 a.m. (Residential Districts) of Table 3.3-3.
4426 4427 4428 4429 4430 4431 4432
(4)
Sounds emanating from the operation of motor vehicles on a public highway; aircraft; outdoor implements such as power lawn mowers, leaf blowers, snow blowers, power hedge clippers, power saws; and pile drivers or jackhammers and other construction equipment are exempt from this section. Sounds emanating from vehicles and equipment referenced in this section are subject to regulations under the nuisance standards of the city in the Northfield Municipal Code Section 34-1027 and Section 34-1028.
4433 4434 4435 4436 4437 4438
(5)
Sounds emanating from lawful and proper activities at school grounds, playgrounds, parks or places wherein athletic contests take place are exempt from this section.
(J)
Odor No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
4439 4440 4441 4442 4443 4444
(K)
Radioactivity, Electrical Disturbance or Electromagnetic Interference Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations shall not be emitted.
4445 4446 4447 4448 4449
(L)
Vacant Buildings Abandoned buildings and sites cause negative visual and fiscal concerns for the community. Therefore, in order to minimize these instances upon the community, and in addition to this and other applicable codes and ordinances, the following shall apply to vacated building(s) or development reviewed under this section:
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
117
Article 3: DEVELOPMENT STANDARDS
4450 4451 4452 4453 4454 4455 4456 4457
(1)
Exterior Surfaces All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim shall be maintained in good repair. Exterior wood surfaces, other than decay resistant materials, shall be protected from the elements and decay by painting or other protective coverage or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repaired. All siding and masonry joints shall be maintained weather resistant and watertight;
4458 4459 4460 4461
(2)
Exterior Walls Exterior walls of buildings shall be maintained free from holes, breaks, loose or rotting materials, and graffiti; and shall be maintained weatherproof and properly surface coated as needed to prevent deterioration.
4462 4463 4464 4465 4466 4467 4468 4469 4470
(3)
Roofs Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and weather tight, and have no defects, which might admit rain or cause dampness in the interior portions of a building. All portions, additions or sections of a roof including, but not limited to, the fascia, eave, soffit sheathing, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports attached or fastened in accordance with common building practices.
4471 4472 4473
(4)
Windows All glass areas, including those in windows and doors shall be fully supplied and maintained as per the development plan.
4474
(5)
Grounds
4475 4476 4477 4478
(a)
All landscaped areas as defined in the approved development plan shall be maintained and kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, and other such material and equipment.
4479 4480
(b)
All driveway, parking, loading and outside storage areas shall be maintained as per the approved development plan; and
4481 4482 4483 4484
(c)
All fences, walls, lighting, signs, storage structures, and other visual physical improvements or appurtenances as per the approved development plan shall be maintained in a safe, working order and in good appearance and free of graffiti.
4485
3.4
Architectural Standards
4486 4487 4488 4489 4490 4491
3.4.1
Purpose The purpose of this section is to encourage development that contributes to Northfieldâ&#x20AC;&#x2122;s unique sense of place, reflecting the community's physical character and adding to it in appropriate ways. The architectural design of multi-family dwellings and nonresidential development, particularly large-scale developments, determines much of the character and attractiveness along the thoroughfares of the city, and the gateways to our community.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
118
Article 3: DEVELOPMENT STANDARDS
4492 4493
3.4.2
Reverse Frontage (A)
Reverse Frontage Prohibited
4494 4495
(1)
Except for areas exempted in accordance with Section 3.4.2(B), Exemptions and Alternatives, residential lots with a reverse frontage shall be prohibited.
4496 4497 4498
(2)
Lots along the perimeter of a subdivision shall be oriented so that dwellings front perimeter streets instead of backing up to streets around the outside of the subdivision.
4499 4500 4501
(3)
Lots that have frontage on an arterial or collector road should utilize alleys for rear access to the site as an alternative to reverse frontage (See Section 3.11.3(A)(11)).
4502 4503 4504 4505
(4)
4506 4507
(B)
Nonresidential uses shall be subject to the multi-sided architectural standards of this section when the subject lot is bounded by a street and the Cannon River or by multiple streets. Exemptions and Alternatives
(1)
Residential structures on lots in the following locations may have reverse frontage:
4508 4509
(a)
Existing platted lots in residential subdivisions or lots subject to the PD-O district approved prior to the effective date of this LDC;
4510 4511
(b)
Residential lots where there is a minimum of 50 feet of open space between the street and the homes; and
4512 4513
(c)
Lots that provide a buffer â&#x20AC;&#x153;Aâ&#x20AC;? in Table 3.6-3 in accordance with Section 3.6.8(D), Perimeter Landscaping Requirements.
4514 4515 4516 4517 4518 4519
(2)
Nonresidential structures may have reverse frontage in the C1-B and C2-B districts when they meet the requirements of Section 3.4.4, Architectural Design Requirements for Nonresidential Principal Buildings and the standards of the applicable zoning district.
NONO NO
YES 4520 4521 4522 4523 4524
Figure 3-14: The image on the left demonstrates appropriate screening for reverse frontage lots. Fences or walls without landscape are inappropriate.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
119
Article 3: DEVELOPMENT STANDARDS
4525 4526 4527 4528 4529 4530
3.4.3
Architectural Design Requirements for Nonresidential Principal Buildings in C2-B (A)
Building Orientation Buildings shall be parallel to the street they front unless an alternate orientation is consistent with existing adjacent development.
(B)
Primary Entrance Orientation The primary entrance of buildings shall be oriented:
4531 4532
(1)
4533 4534 4535 4536 4537
(2)
(C)
Towards streets or driveways in the interior of the development if the building is located less than 15 feet from the front property line or if none of the building’s façades has frontage on a public street. Building Façades Building façades shall comply with the following standards:
4538 4539 4540 4541
(1)
4542 4543 4544 4545 4546 4547
(2)
(D)
Towards a street the building fronts if the building is located at least 15 feet from the front property line; or
Blank building walls facing streets are prohibited except for those walls that are not visible from a street and only visible from an alley, the rear yard of another nonresidential site, or completely hidden due to topography or natural features preserved as open space.
Although the front façade of a building is expected to be the focal point in terms of the level of architectural character and features, all sides of buildings that are visible from a public roadway, an adjacent building, or that have frontage on the Cannon River, shall incorporate architectural detailing on all façades that is consistent with the front façade. Building Massing
4548 4549
(1)
Buildings shall at a minimum incorporate the requirements of either Section 3.4.3(D)(2) or Section 3.4.3(D)(3).
4550 4551 4552
(2)
Architectural elevations of buildings may consist of a base, a body, and a cap (See Figure 3-15).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
120
Article 3: DEVELOPMENT STANDARDS
4553 4554 4555 4556
Figure 3-15: Image of a building with a clear, base, body, and cap.
4557 4558
(a)
The cap shall consist of at least one of the following architectural features: a cornice, parapet, awning, canopy, or eaves.
4559 4560 4561
(b)
The base and cap shall be clearly distinguishable from the body through changes in color, material, pattern, profile, or texture. A cap and base shall incorporate at least two of these design elements.
4562 4563 4564 4565 4566 4567 4568 4569 4570
(3)
Buildings should be designed to incorporate architectural elements that will create variety and wall surface relief on wall elevations. To accomplish this, building wall elevations should reflect spaces that are carved out of a building mass using architectural elements such as recesses, arches, courtyards, vertical or horizontal wall offsets, or similar architectural features. Therefore, to create façade rhythm, building elevations that front a street shall incorporate horizontal façade variations a minimum of every 50 feet (See Figure 3-15). Alternatives to using façade variations and reliefs may include:
4571 4572
(a)
Façade color changes following the same dimensional standards as the wall offset requirements; or
4573 4574 4575
(b)
Pilasters having a minimum depth of one foot, a minimum width of one foot, and a minimum height of 80 percent of the façade’s height; or
4576 4577
(c)
Roofline changes when coupled with correspondingly aligned façade material changes.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
121
Article 3: DEVELOPMENT STANDARDS
4578 4579 4580 4581 4582 4583 4584
(E)
Building Architectural Design Buildings that are stylized in an attempt to use the building or portion of the building to identify a particular user are not allowed, especially where the proposed architectural design is the result of a corporate or franchise prototype design. Building colors shall consist of subtle, neutral, or muted colors, with low reflectance. Bright, white, or primary colors may be only used as accents, occupying ten percent or less of the building façades.
4585 4586 4587 4588
(F)
Building Materials Buildings shall be constructed of high-quality materials such as brick, stone, textured cast stone, or tinted masonry units. The following exterior principal building materials are not acceptable:
4589
(1)
Plain concrete block;
4590
(2)
Plain-faced tilt-up concrete panels;
4591
(3)
Pre-fabricated steel or sheet metal panels;
4592 4593
(4) (G)
Aluminum, vinyl, fiberglass, asphalt, or fiberboard siding Flat Roofs
4594 4595 4596
(1)
4597 4598
(2) (H)
Thin parapets that extend more than five feet above the roof are prohibited. Window Openings
4599 4600 4601
(1)
4602 4603 4604 4605 4606 4607
(2)
(I)
When flat roofs are used, parapet walls with three-dimensional cornice treatments shall conceal them. The cornice shall include a perpendicular projection a minimum of eight inches from the parapet façade plane.
Window openings shall comprise at least 35 percent of the front building façade in the area of the façade between three and eight feet in height above grade, and shall not contain reflective or non-transparent glass.
A building façade that is 15 feet or less and faces a corner street side property line shall have at least one window opening that is at least 25 square feet in size and is within ten feet of the primary façade of the building. Customer Entrance Design Buildings shall have clearly-defined, highly visible customer entrances that include no less than three of the following design features:
4608
(1)
Canopies/porticos above the entrance;
4609
(2)
Roof overhangs above the entrance;
4610
(3)
Entry recesses/projections;
4611
(4)
Arcades that are physically integrated with the entrance;
4612
(5)
Raised corniced parapets above the entrance;
4613
(6)
Gabled roof forms or arches above the entrance;
4614 4615
(7)
Outdoor plaza adjacent to the entrance having seating and a minimum depth of 15 feet;
4616
(8)
Display windows that are directly adjacent to the entrance;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
122
Article 3: DEVELOPMENT STANDARDS
4617 4618 4619
(9)
4620 4621 4622 4623 4624 4625 4626 4627
(10) Integral planters or wing walls that incorporate landscaped areas or seating
(J)
Architectural details, such as tile work and moldings, that are integrated into the building structure and design and are above and/or directly adjacent to the entrance; or
areas. A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof. Screening of Properties Near the Cannon River If property is adjacent to a city-owned park or trail land along the Cannon River, landscaping shall be incorporated along the perimeter of the property in accordance with Table 3.6-3 of this LDC, if it does not already exist, to screen parking lots, outdoor storage, and loading spaces from view of park or trail users.
4628
3.5
Neighborhood Compatibility Standards
4629 4630 4631 4632 4633 4634
3.5.1
Purpose and Intent
4635 4636 4637 4638 4639 4640 4641 4642 4643
3.5.2
The purpose of the neighborhood compatibility standards is to protect the character of existing residential neighborhoods in instances where there is a proposed infill development, redevelopment project, or building expansion. The primary focus of these compatibility standards is to ensure that new infill development, redevelopment, or building expansion relates to the massing and scale of the surrounding structures.
General Provisions (A)
(B)
(C)
Except where exempted by Section 3.5.3, Exemptions, these standards shall apply to the development, expansion, or redevelopment of structures in the R1-B, R2-B, R3B, N1-B, NC-F and PTA sub-zone in the CD-S districts. The city desires to protect the quality of its surface waters, including the Cannon River and its creek tributaries. Therefore, new development and building expansion constructed as part of this section shall comply with the stormwater regulations of the Northfield Municipal Code, chapter 22. Definitions: For the purposes of these standards:
4644 4645
(1)
“Building Placement” shall mean the actual location of an existing building on a property; and
4646 4647 4648
(2)
“Primary Façade” shall mean the front face of a building which faces the front yard and is located nearest the front property line. An attached garage is not a component of the primary façade; and
4649 4650 4651
(3)
“Recessed Façade” shall mean that portion of a building which faces the front yard and is set back from the front property line a distance greater than that of the primary façade.
4652 4653 4654 4655 4656 4657 4658
3.5.3
Exemptions The following forms of development shall be exempt from the standards of this section: (A) (B) (C)
Accessory buildings; Development subject to an approved master plan, development agreement, variance, or planned unit development protected by a PD-O district; Existing nonresidential or mixed-use development lawfully established prior to the effective date of this LDC;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
123
Article 3: DEVELOPMENT STANDARDS
4659 4660 4661 4662 4663 4664 4665 4666 4667 4668
(D)
3.5.4
A change of use, with no structural changes, that is permitted in the base zoning district.
Standards for Development in R1-B, R2-B, R3-B, N1-B, and N2-B (A) (B)
Development subject to these neighborhood compatibility standards shall comply with the standards of this subsection. Design Standards for One, Two and Three Family Dwellings
(1)
Methods for Determining Compatibility Standards. For the purposes of this subsection, the following are the methods by which compatibility is determined for building placement, building height and massing, front porches, and roofs:
4669 4670 4671 4672
(a)
Proposed new housing units or building expansions shall be compared to similar existing housing units. For example, single family homes shall be compared to other low density homes, not churches, schools, or high density residential land uses.
4673 4674 4675 4676 4677 4678 4679
(b)
Proposed new development or building expansion in the front yard shall be compared to the average distance from the property line of the two structures adjacent on both sides of the same street, except those structures more than 50 feet or less than 15 feet from the front yard property line (see Figure 3-16). If there are fewer than four structures on the same side of the street, the lower number of structures is used in the calculation.
4680
4681 4682 4683 4684 4685 4686 4687 4688 4689
Figure 3-16: Because of the variety in existing placement of buildings on the same block face, new development or building expansion on the subject property (lot C) may be located with a building placement of 20 feet, which is the average of the placement of lots B, D, and E. The building on lot A is not included in the average because it is located more than 50 feet from the property line.
4690 4691
(c)
City of Northfield, Minnesota DRAFT 1-13-11
For corner lots, proposed new development or building expansion shall be compared to the average of the two adjacent structures on Land Development Code
124
Article 3: DEVELOPMENT STANDARDS
4692 4693 4694 4695
both streets, except those structures no more than 50 feet or no less than 15 feet from their front yard line (see Figure 3-17). If there are less than two structures on either street, the lesser number of structures is used in the calculation.
4696
4697 4698 4699 4700
Figure 3-17: Building placement for corner lot conditions.
(2)
4701
Building Placement (a)
4702 4703 4704 4705 4706
Front yard: For new development or expansion of an existing building, the applicant shall demonstrate how the proposed building will meet the average front yard building placement of the two adjacent buildings on either side of the subject property, as shown in Figure 3-16, to within five feet .
4707
(b)
4708 4709 4710 4711 4712 4713
Side yard: All new development or expansion of an existing building shall demonstrate that the construction meets the average side yard setbacks of the two adjacent buildings on either side of the subject property as shown in Figure 3-17, but in no instance shall the building be located less than five feet from an interior side yard property line..
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
125
Article 3: DEVELOPMENT STANDARDS
4714
(c)
4715 4716 4717
All new development or expansion of an existing building shall comply with the rear yard setback requirements of the applicable district.
4718
(d)
4719 4720 4721 4722 4723
Rear yard:
Corner yard: For corner lots, all new development or expansion of an existing building shall meet both the average front and corner yard building placement of the two adjacent buildings on either side of the subject property (see Figure 3-17), to within five feet.
(3)
Building Height and Massing
4724 4725 4726 4727 4728 4729 4730
(a)
No principal building shall be constructed which is more than five feet taller than the average height of the two adjacent buildings on either side of the subject property as shown in Figure 3-16 or Figure 3-17. However, if the two adjacent buildings on either side of the subject property are single story homes, the building height for the subject property may be constructed to two stories, or 30 feet in height, whichever is less.
4731 4732 4733 4734 4735 4736
(b)
No principal building shall be constructed where the primary faรงade is more than five feet wider or narrower than the average width of the two adjacent buildings on either side of the subject property as shown in Figure 3-16 or Figure 3-17. However, the width of the faรงade may be increased beyond five feet if the building has a recessed faรงade which is set back at least six feet back from the primary faรงade.
4737
4738 4739 4740 4741 4742 4743
Figure 3-18: The above detached dwelling exhibits compatibility with the surrounding dwellings in regard to design, scale, and building placement.
(4)
Maximum Amount of Paving Allowed on Single-Family Dwelling Lots
4744 4745
(a)
Paving shall be limited to no more than 30 percent of the front or street side setback areas.
4746 4747 4748
(b)
Increases in the maximum amount of allowable paving may be approved by the city planner, if necessary, to provide safe ingress and egress for the site.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
126
Article 3: DEVELOPMENT STANDARDS
4749
(c)
No parking shall be allowed in the landscaped areas.
4750 4751 4752
(d)
Single dwelling front and street side setback areas shall only be used for the temporary parking of motor vehicles. Storage of vehicles in these areas shall not be allowed.
4753 4754
(e)
No vehicles shall be parked in the front and/or street side setback areas other than on a paved driveway.
4755
(5)
4756
Design Standards for Attached Garages (a)
Purpose and Intent
4757
The purpose of design standards for attached garages is as follows:
4758 4759
(i)
to ensure that there is a physical and visual connection between the living area of the home and the street;
4760 4761
(ii)
to ensure that the location and amount of living space of the home, as seen from the street, is more prominent than the garage;
4762 4763 4764
(iii)
to prevent garages from obscuring the main entrance from the street and ensure that the main entrance for pedestrians, rather than automobiles, is the prominent entrance;
4765 4766 4767
(iv)
provide for a more pleasant pedestrian environment by preventing garages from dominating the views of the neighborhood from the sidewalk; and
4768 4769
(v)
enhance public safety by preventing garages from blocking views of the street from inside the home.
4770
(b)
Garage Placement
4771 4772
Attached garages must be set back at least six feet from the primary faรงade of the principal structure with the following exceptions:
4773 4774 4775
(i)
Side loaded attached garages provided that the side of the garage facing the front street has windows or other architectural details that mimic the features of the living portion of the home.
4776 4777 4778 4779
(ii)
An attached garage may be constructed to be in line with the primary faรงade of the principal structure if a minimum eight foot deep covered porch is constructed in front of the primary home faรงade.
4780
(c)
Garage Massing
4781
The width of an attached garage is limited to 24 feet, except:
4782 4783
(i)
If the garage has two separate front vehicle entrance openings, the width of the garage may be extended to 28 feet; or
4784 4785 4786
(ii)
A garage may be extended beyond 35 feet in width if the existing property is at least 80 feet in width, and the garage does not exceed 50 percent of the width of the primary faรงade of the home.
4787 4788 4789
3.5.5
Standards for Development in the NC-F District Development subject to requirements of this section shall comply with the following standards in addition to the other requirements of this section:
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
127
Article 3: DEVELOPMENT STANDARDS
4790 4791 4792
(A)
Site Plan Review The standards of this section shall be reviewed through the site plan review process established in Section 5.5.6, Site Plan Review.
4793 4794 4795
(B)
Use Limitations The following uses or features shall be prohibited as principal or accessory uses in the NC-F district:
4796
(1)
Drive-through establishments;
4797
(2)
Public address/speaker systems;
4798
(3)
Outdoor storage; and
4799 4800
(4)
4801
(C)
Uses providing delivery services via automobile or truck. Site Layout
(1)
Off-Street Parking
4802 4803 4804
(a)
The total amount of off-street parking shall not exceed the required minimum specified in Section 3.8, Off-Street Parking, Loading and Mobility, and may be reduced by 20 percent in the NC-F district.
4805 4806
(b)
Off-street parking shall be established in one of the following locations (listed in priority order):
4807 4808
(i)
Adjacent to off-street parking lots serving nonresidential uses on abutting lots;
4809
(ii)
Adjacent to lot lines abutting nonresidential development;
4810
(iii)
On a lotâ&#x20AC;&#x2122;s corner side;
4811
(iv)
Behind the building.
4812 4813 4814 4815
(c)
(2)
Off-street parking may be established adjacent to lot lines abutting residential uses or in front of the building only if the applicant can demonstrate that there is no other alternative location for the parking.
Landscaping/Screening
4816 4817 4818 4819 4820 4821
(a)
Fully opaque screens (established with vegetation, walls, fences, berms, or a combination of these features) to a minimum height of four feet above grade shall be maintained along all lot lines abutting residential uses. Screen height shall be increased to a minimum height of six feet above grade between off-street parking areas and abutting residential uses.
4822 4823
(b)
Screening shall not interfere with public sidewalks or improved pedestrian connections.
4824 4825 4826
(c)
Mechanical equipment shall be fully screened from adjacent residential uses by a fence, wall, landscaping, or combination of these features (See Section 3.6.10, Screening Requirements).
4827
(3)
4828
Outdoor Lighting (a)
Outdoor lighting shall:
4829
(i)
Have a maximum height of 15 feet;
4830
(ii)
Be fully-shielded;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
128
Article 3: DEVELOPMENT STANDARDS
4831
(iii)
Be configured so that the source of illumination is not visible; and
4832
(iv)
Be directed down and away from adjacent residential lots.
4833 4834
(b)
4835
(D)
The requirements of Section 3.3.3, Outdoor Lighting Standards shall also apply.
Operation
4836 4837 4838 4839
(1)
Nonresidential uses with outdoor activities (e.g., outdoor dining) located adjacent to lots in a low or medium density residential district shall curtail outdoor activities by 8:00 p.m. Sunday through Thursday, and by 10:00 p.m. on Friday and Saturday.
4840 4841
(2)
Loading or unloading activities shall take place only between the hours of 7:00 a.m. and 7:00 p.m.
4842
3.6
Landscape, Screening, and Buffering Standards
4843 4844 4845 4846 4847
3.6.1
Purpose The purpose of this section is to promote the beautification of Northfield and enhance and establish green infrastructure and generally protect the public welfare, through the city’s authority to regulate land use in a method that utilizes the benefits of landscaping. Specifically, it is the purpose of this section to:
4848 4849 4850 4851 4852 4853 4854 4855 4856 4857 4858 4859 4860 4861 4862
(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)
4863 4864 4865
3.6.2
4866 4867 4868 4869 4870 4871 4872
3.6.3
Preserve the variety and extent of the city’s urban forest as an integral part of this city’s identity and infrastructure. Protect privacy and provide buffering between land uses of differing intensities; Aid in noise, glare and heat abatement; Contribute to the process of air purification, ground water recharge, and control of ground water runoff; Preserve large trees, natural wet lands, and/or other natural features; Prevent tree loss by eliminating or reducing compaction, filling or excavation near tree roots; Prevent or reduce soil erosion and sedimentation and stormwater runoff; Enhance energy and water conservation; Control the urban heat island effect; Increase and maintain property values; and Increase the utilization of and expand the use of native landscape species within the City of Northfield.
Applicability The requirements of this section shall apply to all proposed development and new land uses unless otherwise stated.
Compliance and Maintenance Required (A)
(B) (C)
Where landscaping is required, no building permit shall be issued until the required landscaping portion of the site plan or zoning certificate application has been submitted and approved. See Section 3.6.12, Installation, for installation timing requirements. Steep slope areas (those in excess of 12 percent slope) shall be landscaped to maximize opportunities for native vegetation restoration in compliance with this
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
129
Article 3: DEVELOPMENT STANDARDS
4873 4874 4875 4876 4877 4878 4879 4880 4881 4882 4883 4884 4885
section, all other applicable sections of this Land Development Code and any applicable Section of Article VI Chapter 22, Storm Water Management, of the Northfield Municipal Code.
3.6.4
General Landscaping Material Standards Landscape materials should complement the form of the existing trees, plantings, and vegetation as well as the development’s general design, architecture, and site direction or orientation (e.g., north/south or east/west). The amount of shade or sun and soil conditions should be considered in selecting plant materials. Plant materials are to include those materials and species that are demonstrated to be hardy to conditions found in southeast Minnesota. Landscape materials shall consist of the following: (A)
Plants All plant materials shall meet the following requirements:
(1)
Approved and Prohibited Plant Types
4886 4887 4888 4889
(a)
Plants selected for specific site design purposes shall be those plants as identified and included on the List of Approved Landscape Trees and Plant Materials as approved and amended from time to time by the resolution of the city council on file with in the city clerk’s office.
4890 4891
(b)
To conserve water, the installation of native and/or drought-tolerant plants and landscape materials is strongly encouraged.
4892
(c)
Artificial plants are prohibited.
4893
(2)
Quality
4894 4895 4896 4897
(a)
Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed.
4898 4899 4900 4901
(b)
Trees of species whose roots are known to cause damage to public roadways or other public improvements shall not be planted closer than 15 feet to such public improvements. The city’s approved plant list may include lists of prohibited street trees.
4902 4903 4904 4905 4906 4907
(3)
Existing Vegetation Existing healthy, well-formed canopy and understory trees as well as healthy shrubs shall be credited toward the requirements of this section, provided the vegetation is protected before and during development of the site and maintained thereafter in a healthy growing condition and meets the applicable regulation.
4908 4909 4910
(4)
Species Variety To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the diversity standards of Table 3.6-1.
4911 Table 3.6-1: Species Diversity Number of Trees Required on Site 7-19 20-39 City of Northfield, Minnesota DRAFT 1-13-11
Maximum Percentage of Trees that may be of a Single Species 33% 33%
Land Development Code
130
Article 3: DEVELOPMENT STANDARDS
Table 3.6-1: Species Diversity Number of Trees Required on Site 40 or more
Maximum Percentage of Trees that may be of a Single Species 33%
4912 4913
(5)
Vegetation Size and Quality Requirements
4914 4915 4916 4917 4918
(a)
Deciduous canopy or shade trees shall have a minimum Diameter at Breast Height (DBH) of two inches for ball and burlap trees or DBH of 1.25 inches for container trees at the time of planting. Multi-stem varieties shall be a minimum of six feet in height above ground level at the time of planting.
4919 4920 4921 4922
(b)
Understory, small maturing, or ornamental trees shall have a minimum DBH of 1.25 inches at time of planting. Multi-stem varieties shall be a minimum of four feet in height above ground level at the time of planting.
4923 4924
(c)
Evergreen trees shall be a minimum of four feet in height for potted or ball and burlap trees at the time of planting.
4925 4926 4927 4928
(d)
All trees shall be adequately supported when planted. The supports shall be maintained until the trees are capable of withstanding the force of wind on their own. All newly planted trees shall be planted with tree stem wraps to protect the stem from abrasive damage.
4929 4930 4931 4932
(e)
Trees shall be planted with a minimum of 12 inches of high quality soil mix containing high organic content including 60 percent topsoil, 20 percent peat and no more than 20 percent sand or gravel to be installed around and below the root ball.
4933 4934 4935 4936
(f)
Shrubs or hedges that are upright in nature shall be a minimum of 12 inches tall in height at the time of planting, and shrubs or hedges which are spreading in nature shall be a minimum of 18 inches in diameter at the time of planting.
4937 4938 4939 4940
(g)
Ground cover may consist of grass normally grown in permanent lawns in Minnesota; native prairie grasses and or drought tolerant species of native plants including appropriate mixes as identified by the Minnesota Board of Water and Soil Resources.
4941 4942 4943 4944 4945 4946
(h)
Grass and prairie grasses shall be planted in species normally grown as permanent lawns in Minnesota, and may be sodded or seeded; except in swales or other areas subject to erosion where solid sod, erosion reducing net, or suitable mulch shall be used. Nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved.
4947 4948 4949
(i)
Ground cover shall be planted in such a manner as to present a finished appearance and 60 percent of complete coverage after one complete growing season.
4950 4951
(j)
Ground cover may be supplemented with decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
131
Article 3: DEVELOPMENT STANDARDS
4952 4953 4954
(k)
Landscape materials installed in a ball or burlap form shall be installed such that the ball and burlap does not extend above the immediate grade at installation.
4955 4956 4957
(l)
Where landscaping is required, good quality soil must be provided and shall not include substandard fill, gravel, sand or highly alkaline soil material.
4958
(B)
Earth Berms
4959 4960
(1)
Berms shall be physical barriers which block or screen a view in a manner similar to a hedge, fence or wall.
4961 4962 4963
(2)
Berms shall be constructed with proper and adequate plant material to prevent erosion. Where existing vegetative and/or topographic conditions provide a natural buffer, additional screening may not be required.
4964 4965 4966 4967 4968 4969 4970 4971 4972 4973 4974 4975 4976
(3)
Where berms are to be mowed, the maximum permitted slope is 3:1 (See Figure 3-19).
4977 4978 4979 4980 4981
Figure 3-19: Illustration of a permitted berm slope. (C)
3.6.5
Walls and Fences Walls and fences shall comply with the standards of Section 3.3.1, Fencing and Walls, for any proposed new building, residential or otherwise.
Landscaping Standards (A)
Minimum Dimensions Wherever this LDC requires a landscaped area of a specified width, the width shall be measured within (interior measurements) any curb or wall bordering the landscaping area.
4982 4983 4984 4985 4986 4987
(B)
Protective Curbing Where landscaping is installed in areas that are designed to manage storm water runoff, no protective curbing shall be constructed that prohibits the flow of or infiltration of surface water. In other instances landscape islands and similar landscape areas may be protected by a minimum six inch high concrete curb where otherwise deemed necessary by the city engineer.
4988 4989
(C)
Safety Requirements Landscape materials shall be located so that at maturity they do not:
4990
(1)
Interfere with safe sight lines for bicycle, pedestrian, or vehicular traffic;
4991
(2)
Conflict with overhead lights, utility lines, or walkway lights; or
4992
(3)
Block bicycle or pedestrian ways.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
132
Article 3: DEVELOPMENT STANDARDS
4993 4994
3.6.6
Tree and Woodland Preservation (A)
4995 4996 4997
Tree Inventory Required
(1)
As part of a submittal application for site plan review or a major subdivision, the applicant shall submit a tree inventory or professionally prepared tree survey (as appropriate) that clearly depicts the following:
4998
(a)
Lot lines of the parcel(s) involved;
4999 5000
(b)
The exact location, health, type, and size of all trees with a DBH of 12 inches or more located on the parcel(s) involved; and
5001 5002
(c)
Recommendations of which trees, or stands of trees, should be retained and protected.
5003 5004 5005 5006 5007 5008 5009 5010
(2)
(B)
The tree inventory shall be taken and reported by a qualified arborist, nurseryman, horticulturist, or landscape architect who is licensed, certified, registered or otherwise qualified in the State of Minnesota. Tree Protection Requirements Unless exempted pursuant to Section 3.6.6(D), Exemptions, all trees with a DBH of 12 inches or more shall be retained as a protected tree, to the maximum extent feasible.
(1)
Credit Towards Landscape Requirements
5011 5012 5013 5014 5015
(a)
Only those trees with a minimum DBH deviation of two inches that meet the location, species, and health requirements applicable to new landscape materials (See Section 3.6.4, General Landscaping Material Standards) shall be credited, and the applicant shall be responsible for demonstrating how retained trees meet the standards of this LDC.
5016 5017 5018 5019 5020 5021
(b)
Existing viable trees with a minimum DBH of two inches meeting all other minimum requirements for new plantings that are located within 20 feet of the perimeter edge of a surface off-street parking area shall be credited towards the parking lot perimeter landscape requirements of Section 3.6.8(D), Perimeter Landscaping Requirements.
5022 5023 5024 5025
(c)
Existing viable trees with a DBH of two inches meeting all other minimum requirements for new plantings that are not credited towards buffer or parking lot requirements may be credited towards any other landscaping requirements of this LDC.
5026
(2)
5027 5028 5029 5030
Removal and Replacement of Protected Trees (a)
Except in cases where a tree is determined by the city planner to meet one of the exemptions stated in Section 3.6.6(D), Exemptions, the city planner shall allow the removal of protected trees only if the landowner demonstrates all of the following standards are met:
5031
(i)
The site is otherwise in compliance with this subsection;
5032 5033
(ii)
The protected tree is an obstacle to access on the lot or site and no alternative exists for relocating such access; and
5034 5035
(iii)
Replacement tress shall be provided in accordance with Table 3.6-2.
5036 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
133
Article 3: DEVELOPMENT STANDARDS
Table 3.6-2: Replacement Tree Requirements Caliper of Original Tree 12 to 17 inches DBH 18 to 23 inches DBH 24 to 35inches DBH 36 to 47 inches DBH 48+ inches DBH
Replacement Trees Required One replacement tree for each protected tree removed Three replacement trees for each protected tree removed Six replacement tree for each protected tree removed Ten replacement trees for each protected tree removed Twelve replacement trees for each protected tree removed
5037 5038 5039 5040 5041 5042 5043
(iv)
Each replacement tree shall be a minimum DBH of two inches for ball and burlap or 1.25 inches for container trees, and shall be replanted within 12 months of the removal of the protected tree, or within a timeframe approved by the city planner. Performance bonds for the associated replacement shall be established to the satisfaction of the city.
5044 5045
(v)
Replacement trees shall not be used to meet any other landscape requirements.
5046 5047 5048
(vi)
All replacement trees shall be planted and maintained so as to thrive and be hardy at 12 months from the date of the installation of the replacement tree.
5049
(b)
5050 5051 5052 5053 5054
Tree Bank Alternative Where the installation of replacement trees is not practicable due to site constraints, replacement trees shall be provided to the city or a cash payment to the city in amount equal to the replacement trees not installed shall be required as an alternative to the tree replacement standards in this section.
5055
(c)
5056 5057 5058 5059
Location of Replacement Trees Replacement trees shall be either planted on the lot or site where the protected tree was removed or, in cases where space on the lot or site is insufficient, the city planner may authorize the planting of the replacement trees on city-owned properties.
5060
(d)
5061 5062 5063 5064 5065 5066
Temporary Moratorium on Approvals Following notice of violation of this section, the city planner shall not review or approve development permit applications for the site from the date of the violation until a replacement plan has been approved by the city planner and a financial guarantee for the associated replacement has been established in accordance with this section.
5067
(e)
5068 5069 5070
Cutting, Removal, or Harm Prohibited Except as allowed by Section 3.6.6(B)(2), Removal and Replacement of Protected Trees, protected trees shall not be cut, removed, pushed over, killed, or otherwise harmed.
5071
(f)
5072 5073 5074
Paving or Soil Compaction Prohibited The area within the critical root zone (as defined as five feet beyond the drip line) of any protected tree shall not be subject to paving or soil compaction.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
134
Article 3: DEVELOPMENT STANDARDS
5075
(3)
Tree Protection during Construction
5076
(a)
5077 5078 5079 5080
During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed trees from damage both during and after construction in accordance with the standards of this subsection.
5081
(b)
5082 5083 5084 5085 5086 5087 5088 5089
Tree Protection Fencing (i)
5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5106 5107 5108 5109
All protected trees and trees intended for use as credit towards the landscaping standards of this section shall be fenced in accordance with this subsection before grading or other landdisturbing activity begins. Fencing shall extend at least five feet from the edge of the drip line (See Figure 3-20 for illustration of a drip line.), but in no case closer than ten feet to the trunk. The city planner shall consider existing site conditions in determining the exact location of any tree protection fencing.
Figure 3-20: Illustration of protective fence placement for trees.
5110 5111 5112
Ownerâ&#x20AC;&#x2122;s Responsibility
(ii)
(4)
All fencing required by this subsection shall be four feet in height and secured using appropriate posts.
Encroachments into Root Zones
5113 5114
(a)
Encroachments within the root zones of trees protected in accordance with this subsection shall occur only in rare instances.
5115 5116 5117 5118 5119
(b)
If such an encroachment is anticipated, written verification by a qualified arborist shall be required documenting the treeâ&#x20AC;&#x2122;s condition before and after the encroachment, including preventive measures that shall be employed prior to, during, and after the encroachment to insure the viability of the tree.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
135
Article 3: DEVELOPMENT STANDARDS
5120 5121 5122 5123
(C)
Monitoring, Maintenance and Guarantee of Tree Protection and Landscaping Performance Owners of land shall be responsible for the preservation and maintenance of all trees required to be saved and protected under this subsection.
5124
(D)
Exemptions
(1)
5125 5126
The following tree removal activities are exempt from the standards of this section:
5127 5128
(a)
Removal of trees that are dead or dying based on an analysis and report by a qualified arborist;
5129 5130 5131
(b)
Removal of trees that are determined by the city engineer to be an immediate nuisance or threat to an existing structure, underground utility, or to the public health, safety, or welfare;
5132 5133
(c)
Removal of trees prohibited by the city as established in Section 3.6.4(A), Plants; and
5134 5135 5136
(d)
Removal by the city, or its authorized agent, of trees on city or publicly owned land and within public rights-of-way in accordance with this chapter to complete street improvement projects.
5137 5138
(2)
5139 5140 5141 5142 5143 5144
3.6.7
5145 5146 5147 5148 5149 5150 5151 5152 5153 5154 5155
3.6.8
5156 5157 5158 5159 5160
For the purposes of this section, a tree will be considered removed if 30 percent or more of the trunk diameter is injured.
Street Trees Required (A)
(B)
At least one street tree shall be properly installed for each 40 foot length of right-ofway. This requirement may be modified depending on the chosen tree species and its typical spread at maturity. Trees required for parking lot perimeter landscaping in Section 3.6.8(D), Perimeter Landscaping Requirements, may count toward this street tree requirement.
Parking Lot Landscaping Requirements (A)
Purpose The purpose for parking lot landscaping requirements is to ensure that the potential for negative effects from large expanses of asphalt, that have the potential to create heat islands, contribute to unnecessary surface water runoff and otherwise present a sterile image is mitigated through the use of effectively designed and properly placed landscape improvements. These requirements are applicable to both small and large parking lots where the extent of landscaping improvements varies depending on the number of spaces in the parking lot. Specific parking lot landscaping requirements are established for the C2-B District and found in Section 3.6.8(E)(3).
(B)
Small Parking Lots of 14 Spaces or Less Parking Lots of 14 spaces or less shall install perimeter landscaping improvements to screen the parking lot from adjacent streets and adjacent property and shall adhere to the following standards.
(1)
5161 5162
Parking Lots Adjacent to Streets (a)
City of Northfield, Minnesota DRAFT 1-13-11
A parking area for a nonresidential use or a multi-family residential use adjacent to a public street shall be designed to provide a ten foot
Land Development Code
136
Article 3: DEVELOPMENT STANDARDS
5163 5164
landscaped planting strip between the street right-of-way and any parking area.
5165 5166 5167 5168 5169
(b)
The landscaping shall have a minimum height of 36 inches and be designed and maintained to screen cars from view of the street but shall not exceed 30 inches in height within the traffic safety visibility triangle as required in Section 3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle).
5170 5171 5172
(c)
Screening materials will include a combination of plant materials, and may include raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement.
5173 5174
(d)
Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area.
5175
(2)
Parking Lots Adjacent to Side or Rear Property Lines
5176 5177 5178
(a)
Parking areas for nonresidential uses shall provide a perimeter landscape strip at least six feet wide (inside dimension) where the parking area adjoins a side or rear property line.
5179 5180
(b)
The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required.
5181 5182
(c)
Shade trees shall be provided at the rate of one for each 30 linear feet of landscaped area.
5183
(3)
Non-Residential Parking Lots Adjacent to Residential Uses
5184 5185 5186 5187
(a)
A nonresidential parking area adjacent to a residential use shall provide a landscaped buffer adhering to the following standards within a ten foot setback between the parking area and the lot line of the residential use.
5188 5189 5190
(b)
Screening materials will include a combination of plant materials, and may include raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement.
5191 5192
(c)
Shade trees shall be provided at the rate of one for each 30 linear feet of landscaped area.
5193 5194 5195 5196 5197 5198
(C)
Large Parking Lots Each required parking lot of 15 spaces or more in all zones, with the exception of the C2-B zone, shall be landscaped pursuant to this subsection. The requirements of this subsection shall apply to all newly constructed parking lots or expansions of existing parking lots resulting from an expansion of a structure for a change in use to a more intense use, or the establishment of a new structure.
5199 5200
(1)
5201 5202 5203 5204 5205 5206
(2)
(D)
Landscaping shall be provided throughout the parking lot and consist of combination of ground cover, shrubs, and trees.
Areas containing plant materials may require a protective curbing pursuant to Section 3.6.5(B), Protective Curbing. Perimeter Landscaping Requirements All surface parking areas shall be screened from streets and adjoining residential properties, and the open areas between the property line and the public street rightof-way shall be landscaped.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
137
Article 3: DEVELOPMENT STANDARDS
5207
(1)
Parking Lots Adjacent to Streets
5208 5209 5210 5211
(a)
A parking area for a nonresidential use or a multi-family residential use adjacent to a public street shall be designed to provide a ten foot landscaped planting strip between the street right-of-way and any parking area.
5212
5213 5214 5215 5216 5217
Figure 3-21: Perimeter landscaping required between a parking lot and a street.
5218 5219 5220 5221 5222
(b)
The landscaping shall have a minimum of 36 inches and be designed and maintained to screen cars from view of the street, but shall not exceed 30 inches in height within a setback or a traffic safety visibility triangle as required in Section 3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle).
5223 5224 5225
(c)
Screening materials may include a combination of plant materials, raised planters, solid decorative masonry walls, or other screening devices which meet the intent of this requirement.
5226 5227
(d)
Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area.
5228 5229
(e)
Shade trees should be strategically planted/located to provide the maximum possible shade to vehicles and paved areas.
5230 5231 5232
(f)
Plant materials, signs, and/or structures shall be subject to the height and traffic safety visibility requirements of Section 3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle).
5233
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
138
Article 3: DEVELOPMENT STANDARDS
5234 5235 5236 5237
Figure 3-22: Illustration of parking lot perimeter screening.
(2)
5238
Parking Lots Adjacent to Side or Rear Property Lines
5239 5240 5241
(a)
Parking areas for nonresidential uses shall provide a perimeter landscape strip at least six feet wide (inside dimension) where the parking area adjoins a side or rear property line.
5242 5243
(b)
The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required.
5244 5245
(c)
Shade trees shall be provided at the rate of one for each 30 linear feet of landscaped area.
5246 5247 5248 5249
(3)
Non-Residential Parking Lots Adjacent to Residential Uses A nonresidential parking area adjacent to a residential use shall provide a landscaped buffer adhering to the following standards within a ten foot setback between the parking area and the lot line of the residential use:
5250
(a)
A four-foot high solid decorative masonry wall or fence.
5251 5252
(b)
Shade trees shall be provided at the rate of one tree for each 30 linear feet.
5253 5254 5255 5256 5257 5258 5259
(c)
When a parking area is located adjacent to a nonresidential structure, a minimum eight-foot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian access ways. This landscape strip may include a sidewalk and landscaping but shall, at a minimum, include at least a three foot strip of landscaping along its length.
5260 5261
(E)
Interior Parking Lot Landscaping
(1)
Amount of Landscaping
5262 5263 5264 5265 5266 5267
(a)
Parking lots with 15 or more spaces shall provide landscaping within each outdoor parking area at a minimum ratio of ten percent of the gross area of the parking lot (including all drive and parking aisles). If parking is located on the side of the structure (not adjacent to a street) or in the rear, this landscaping ratio may be reduced to five percent.
5268 5269 5270 5271
(b)
Trees not less than five feet in height and 15-gallon container in size shall be planted throughout the parcel and along any street frontage. At a minimum, one shade tree and one shrub shall be provided for every five parking spaces.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
139
Article 3: DEVELOPMENT STANDARDS
5272 5273 5274
(2)
Landscaping Location Landscaping shall be evenly dispersed throughout the parking area, as follows.
5275 5276
(a)
Landscaped islands shall have a minimum width of nine feet as the narrowest dimension.
5277 5278 5279
(b)
Shade trees planted using an orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas.
5280 5281 5282 5283
(c)
The trees shall comply with the species diversity requirements of Table 3.6-1 such that no more than 33 percent of the required shade trees are of the same species. Shade tress shall create a shade canopy and have an unobstructed cross visibility between two and six feet.
5284 5285 5286
(d)
The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel, or mulch.
5287 5288 5289
(e)
Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including at a minimum, specimen trees, flowering plants, or enhanced paving.
5290 5291
(3)
Requirements for the C2-B District The following shall apply to interior landscaping in the C2-B district:
5292 5293 5294 5295
(a)
Landscape islands shall be located at the end of each parking row with a minimum size of 135 square feet for single loaded parking rows, and a minimum size of 270 square feet for double loaded rows (See Figure 3-23).
5296 5297 5298 5299
(b)
No more than 15 spaces shall be located in a continuous row without being interrupted by a landscaped island, unless the island is used for surface water infiltration. Such landscape islands shall be of the minimum size established in Section (a) above (See Figure 3-23).
5300 5301 5302
(c)
Landscape medians with a minimum width of ten feet shall be located as to separate every four parallel rows of cars and shall run the full length of the parking row (See Figure 3-23).
5303
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
140
Article 3: DEVELOPMENT STANDARDS
5304 5305 5306
Figure 3-23: Illustration of conceptual parking lot landscape design.
5307 5308
(d)
Each individual landscaped island shall include a minimum of one tree and two shrubs.
5309 5310
(e)
The landscaped medians required in paragraph (c) above shall be planted with one deciduous tree every 20 lineal feet.
5311 5312 5313 5314 5315 5316 5317 5318
(4)
3.6.9
Buffering Between Zoning District (A)
General
5319 5320 5321 5322
(1)
5323 5324 5325
(2)
5326 5327
Surface Water Management The design of parking lot landscape areas shall consider and may, where appropriate, be required to include provisions for the on-site detention of surface water runoff, pollutant cleansing, and groundwater recharge. See also the surface water management standards in Chapter 22, Article VI â&#x20AC;&#x201C; Surface Water Management.
(B)
Development shall provide a buffer between land uses in accordance with this section. The buffer shall have the width as provided in Table 3.6-3, an amount of vegetation as provided in Table 3.6-4 and other features to properly mitigate the negative effects of contiguous incompatible uses.
Development in the C1-B and A-S districts shall be exempt from these requirements. Locational Standards
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Buffer areas shall be located between the uses for which they are required to buffer or screen. Land Development Code
141
Article 3: DEVELOPMENT STANDARDS
5328 5329
(2)
5330 5331 5332 5333 5334
(3)
(C)
When the same property owner owns and is developing adjoining parcels, the required buffer area may be placed on either parcel.
When a different property owner owns the adjacent property, the buffer area shall be placed on the property being developed. Structures No structure shall be permitted within a required buffer other than a wall, fence, or earth berm. Parking areas and driveways shall not encroach upon buffer areas.
5335
C2-B
I1-B
18 Feet Planting Buffer B
25 Feet Planting Buffer C
40 Feet Planting Buffer D
X
None
18 Feet Planting Buffer B
None
X
18 Feet Planting Buffer B
25 Feet Planting Buffer C 25 Feet Planting Buffer C
ED-F
R2-B, R3-B, or R4-B
X
18 Feet Planting Buffer A
PI-S
R1-B or N1-B (Nonresidential Uses)
Proposed Use:
R1-B or N1-B (Residential Uses)
Table 3.6-3: Minimum Width of Required Buffer Areas
Adjacent to: R1-B or N1-B (Residential Uses) R1-B or N1-B (Nonresidential Uses) R2-B, R3-B, or R4-B
18 Feet Planting Buffer A 18 Feet Planting Buffer B
C2-B
25 Feet Planting Buffer C
None
I1-B
40 Feet Planting Buffer D
None
CD-S
None
None
PI-S
None
None
NC-F
None
ED-F
25 Feet Planting Buffer C
25 Feet Planting Buffer C 40 Feet Planting Buffer D 18 Feet Planting Buffer B
18 Feet Planting Buffer B
25 Feet Planting Buffer C
18 Feet Planting Buffer B
18 Feet Planting Buffer B
None
X
X
18 Feet Planting Buffer B
None
None
None
X
18 Feet Planting Buffer B
None
18 Feet Planting Buffer B
25 Feet Planting Buffer C
None
18 Feet Planting Buffer B
None
18 Feet Planting Buffer B
None
None
None
25 Feet Planting Buffer C 18 Feet Planting Buffer B
None
25 Feet Planting Buffer C
18 Feet Planting Buffer B
X
None
None
18 Feet Planting Buffer B 18 Feet Planting Buffer B X
5336
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
142
Article 3: DEVELOPMENT STANDARDS
5337 5338 5339
(D)
Minimum Planting Requirements For every 100 lineal feet of a buffer area, the following number of plants shall be provided for each required buffer area as set forth in Table 3.6-4:
5340 Table 3.6-4: Minimum Planting Requirements Required Buffer Area “A” “B” “C” “D”
Minimum Trees (Deciduous or Ornamental) per 100 lineal feet 3 0 3 3
Minimum Evergreen Trees per 100 lineal feet
Minimum Shrubs per 100 lineal feet
None 3 3 6
10 10 12 18
5341 5342 5343 5344 5345 5346 5347 5348 5349 5350
3.6.10 Screening Requirements (A)
Intent and Applicability In addition to all other landscaping standards in this section, screening shall be required in all districts to minimize the negative impact of areas of high visual or auditory impact or hazardous areas from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other landscaping material.
(B)
Items to be Screened The following areas shall be screened in accordance with this section:
5351 5352
(1)
Large waste receptacles (dumpsters or grease collection containers) and refuse collection points (including large recycling containers);
5353
(2)
Loading and service areas;
5354 5355 5356
(3)
Outdoor storage areas (including storage tanks) not subject to the outdoor storage requirements of Section 3.3.2, Outdoor Dining, Display, and Storage; and
5357 5358 5359
(4)
Ground-mounted mechanical equipment and utility meters not located on, and screened by, the building or structure, except for equipment and meters for single family and two-family homes.
5360 5361 5362 5363 5364
(5)
Building walls, parapets, and/or roof systems shall be designed to conceal all roof-mounted mechanical equipment from view from adjacent properties and public rights-of-way (See Figure 3-24).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
143
Article 3: DEVELOPMENT STANDARDS
5365 5366 5367 5368 5369 5370
Figure 3-24: Example of how parapet walls are utilized to screen roof mounted mechanical equipment. (C)
Screening Requirements
5371
(1)
All screening shall be approved during zoning certificate or site plan review.
5372 5373
(2)
All items to be screened shall be shielded from view from public roads and adjoining property.
5374 5375 5376 5377 5378 5379
(3)
All items to be screened, except those on roofs, shall be provided with a visual screen consisting of fences, walls, berms or approved plant materials (See Section 3.6.4, General Landscaping Material Standards) or a combination thereof. The screening shall be at least one foot higher than the item to be screened but not less than six feet in height and shall extend along three sides of the items to be screened.
5380 5381
(4)
All plant materials used for required screens around service areas shall be of an evergreen variety.
5382 5383 5384 5385 5386
(5)
5387 5388 5389 5390
(D)
If an adjacent building provides screening on one side of the service area, only two sides need to be screened, bermed, or walled, with a gate required in front of the service area. The gate shall be opaque enough to shield from view the interior of the service area. Fence or Wall Screens
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Fences or walls shall be compatible with the architectural materials and patterns of the principal structure.
Land Development Code
144
Article 3: DEVELOPMENT STANDARDS
5391 5392 5393 5394 5395
Figure 3-25: Use of a wall and fencing for screening that is architecturally compatible with the principal building.
5396 5397 5398 5399 5400 5401 5402 5403 5404 5405 5406 5407 5408 5409 5410 5411 5412 5413 5414 5415 5416 5417 5418 5419 5420
(2)
Under no circumstances shall a wall be constructed of unfinished concrete or cinder block.
3.6.11 Changes to Approved Landscape Plans The city planner may authorize minor changes from the requirements of this section. (A)
(B)
For purposes of this subsection, minor changes shall be defined as changes to the landscaping plans that are not visible and do not affect the theme or character established for the subject development project. A revised landscape plan shall be submitted to the city planner for review.
3.6.12 Installation (A)
(B) (C)
(D)
Landscaping required as part of this section shall be installed by the time an occupancy permit is issued for the site. If landscaping is not installed, the applicant shall be required to submit a surety in accordance with Section 3.6.13, Statement of Surety. Landscaping and irrigation systems shall be installed in compliance with the approved plans before final building inspection. An extension of time for the completion of landscaping and irrigation system installation may be granted by the city planner if implementation is secured by an agreement or posting of adequate bond or cash deposit to guarantee performance under the agreement as required by the city planner, in compliance with Section 3.6.13, Statement of Surety. Before final inspection or issuance of a certificate of occupancy by the building official, a letter signed by a licensed landscape architect, or the landscape contractor who performed the installation shall be submitted to the city planner and the building official certifying that the landscaping and improvements have been installed in compliance with the approved plan.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
145
Article 3: DEVELOPMENT STANDARDS
5421 5422 5423 5424 5425 5426
3.6.13 Statement of Surety
5427 5428
3.6.14 Maintenance of Landscape Areas
When a surety is required, such surety shall be in the form of cash, letter of credit, performance bond, or instrument of credit, in an amount equal to 110 percent of the total value of all plant materials, irrigation, installation, and maintenance and shall be posted with the city for a two-year period in compliance with Section 3.10.4(E)(4), Forms of Financial Guarantees. (A)
Maintenance Required
5429 5430
(1)
All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times.
5431 5432
(2)
The landscaping shall regularly be kept clean and free of debris, litter, and weeds.
5433 5434 5435 5436 5437 5438
(3) (B)
All dead or decaying material shall be replaced with new material within 30 days upon notice of the city planner. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures is prohibited.
5439
3.7
Signage
5440 5441 5442 5443 5444 5445 5446
3.7.1
Purpose and Intent Regulating the location, size, placement, and physical characteristics of signs is necessary to enable the public to locate goods, services, and facilities and to receive a wide variety of other messages, commercial and noncommercial, without difficulty and confusion, to encourage the general attractiveness of the community, to enhance public safety, and to protect property values. Accordingly, this section establishes regulations governing the display of signs that will:
5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464
(A) (B)
(C) (D) (E)
3.7.2
Promote and protect the public health, safety, comfort, morals, and convenience; Enhance the economy and the business and industry of the city by promoting the reasonable, orderly, and effective display of signs and, thereby, encourage increased communication with the public; Restrict signs and lights that will increase the probability of traffic congestion and accidents by distracting attention or obstructing vision; Reduce conflict among signs and light and between public and private information systems; and Promote signs that are compatible with their surroundings.
Scope (A)
(B)
This section shall regulate the height, area, location, graphics, color, materials, content and other visual aspects of signs and sign structures. It does not regulate public informational and safety signs, or signs required by law. The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
146
Article 3: DEVELOPMENT STANDARDS
5465 5466 5467 5468 5469
commercial message over any other non-commercial message. This section prevails over any more specific section to the contrary.
3.7.3
Zoning Certificate and Compliance Required (A)
Unless otherwise provided by this section, all signs shall require a zoning certificate and a payment of fees. Exceptions to the certificate requirement are as follows:
5470 5471
(1)
If any sign is removed and replaced on the same supports, provided the size or type of sign is not changed.
5472 5473
(2)
No zoning certificate is required for the maintenance of a sign or for a change of copy on changeable copy signs.
5474
(3)
Signs identified in Section 3.7.5, Exemptions.
5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486 5487
(4)
5488 5489 5490 5491 5492 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506
(B) (C) (D)
(E)
3.7.4
General maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change or copy change, on a non-changeable copy sign, is made that results in anything more than a minor modification. The relocation of a sign from one area of a lot to another location on the same lot shall require a zoning certificate (See Section 5.5.1, Zoning Certificate). The alteration or enlargement of any sign shall require a zoning certificate. All wiring, fittings, and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the State Electrical Code in effect. No sign of any classification shall be installed, erected, or attached to a structure in any form, shape, or manner that is in violation of Northfieldâ&#x20AC;&#x2122;s or the stateâ&#x20AC;&#x2122;s building or fire codes.
Computations The following principles shall control the computation of sign area and sign height: (A)
(B)
(C) (D)
The area of a sign face, which is also the sign area of a wall sign or other sign with only one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that shall encompass the extreme limits of the writing, representation, emblem, or other display. This does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the regulations of this LDC and is clearly incidental to the display itself (See Figure 3-26). The sign area for a sign with more than one face (multi-faced signs) shall be computed by adding together the sign area of all sign faces. Even in cases where two identical sign faces are placed back-to-back, the sign area shall be computed by adding together the sign area of each sign face. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Unless otherwise specifically stated, when a calculation is based on street frontage, the longest single street frontage shall be used and not the total of all street frontages.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
147
Article 3: DEVELOPMENT STANDARDS
5507 5508 5509 5510 5511
Figure 3-26: Illustration of how sign area is calculated.
3.7.5
Exemptions The following types of signs are exempted from all the requirements of this section, except for construction and safety regulations and the requirements set forth:
5512 5513 5514 5515
(A)
Public Signs Public signs with a noncommercial message, erected by or on the order of a public officer in the performance of his/her public duty, such as traffic signs, trespassing signs, memorial plaques, signs of historic interest and the like.
5516 5517 5518 5519 5520
(B)
Integral Information Integral names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent-type construction and made an integral part of the structure.
5521
(C)
Private Traffic Direction
5522 5523 5524 5525 5526
(1)
5527 5528 5529 5530 5531 5532 5533
(2)
(D)
Signs directing traffic movement onto premises or within a premises, not exceeding four square feet (per side) in area and six square feet (per side) for industrial uses for each sign. Illumination of these signs shall be permitted in accordance with Section 3.7.13, Illumination. Horizontal directional signs on and flush with paved areas are exempt from these standards.
Private traffic direction signs that contain a commercial message shall not be exempt. Vehicle Signs Signs on vehicles of any kind, provided the sign is painted or attached permanently to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle, except as specifically prohibited in Section 3.7.8, Prohibited Signs.
5534 5535 5536 5537
(E)
Flags Flags identifying the emblem of government, school, or religious organization shall be exempt from this section with the exception that Section 3.7.10(B)(1) and Section 3.7.13, Illumination shall apply in all zoning districts.
5538 5539 5540
(F)
Window Signs Signs that are painted or attached to the interior windows that do not cover more than 50 percent of the window shall be exempt.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
148
Article 3: DEVELOPMENT STANDARDS
5541 5542 5543
3.7.6
Any building that is designed to contain multiple principal uses and/or multiple tenants shall be considered a multiple-use building for the purposes of these sign regulations.
5544 5545 5546 5547 5548
(A) (B) (C)
5549 5550 5551 5552 5553 5554
3.7.7
5555 5556
3.7.8
5582 5583 5584
Any property owner who owns a multiple-use building shall be required to submit a signage plan for each such building. The signage plan shall state the total allowable signage for the building and shall identify the allowable signage that will be allocated to each business space. Such plan shall be filed with the city planner prior to any sign permit review.
Liability for Damages This section shall not be construed to relieve or to limit in any way the responsibility or liability of any person who erects or owns any sign, for personal injury or property damage caused by the sign, nor shall this section be construed to impose upon the city, its officers, or its employees any responsibility or liability because of the approval of any sign under this section.
Prohibited Signs All signs are prohibited which are described as follows:
5557 5558 5559 5560 5561 5562 5563 5564 5565 5566 5567 5568 5569 5570 5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 5581
Multiple-Use Buildings
(A) (B)
(C) (D)
(E) (F) (G) (H) (I) (J) (K) (L)
3.7.9
Signs that contain or are an imitation of an official traffic sign or signal or contain the terms "stop," "go slow," "caution," "danger," "warning," or similar words. Signs that may be confused with or construed as a traffic control device; that may hide any traffic sign, street sign or signal from view; or that may cause danger to traffic because of their size, location, movement, content, coloring, or manner of illumination. Signs, that are not temporary, that move in any manner or have a major moving part. Billboard signs or structures which are designed and erected for the purpose of selling advertising space or identifying a business not located on the property on which the sign is located. Signs that are temporarily placed or attached on any part of a relatively stationary vehicle. Portable changeable-copy signs, unless used as a temporary promotional sign, as allowed under Section 3.7.11, Temporary Signs. Signs that are placed upon trees, public property, or utility poles. Signs that display obscene language or actions. Searchlights. Inflatable signs. Snipe signs. Any sign attached to a roof that does not meet the definition of a â&#x20AC;&#x153;roof sign â&#x20AC;? in Article 6: Definitions.
Design Guidelines The following standards are intended to direct the design elements of signage outside the downtown historic district. Each guideline shall be applied for each sign application based upon review by the city planner: (A) (B)
Neon lights are permitted for messages and symbols, but shall not flash. Signs on multiple-use buildings must be coordinated in the use of colors, materials, and shapes.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
149
Article 3: DEVELOPMENT STANDARDS
5585
(C)
5586 5587
Landscaping Area Required
(1)
Ground and pylon signs shall have plantings at and around the base that serve to:
5588
(a)
Screen the sign base and/or any lighting installed at ground level; and
5589 5590
(b)
Tie such signage to the principal use by using plantings that are similar to those used on the rest of the site.
5591 5592
(2)
Such plantings shall be of the type and size specified in Section 3.6.4, General Landscaping Material Standards.
5593 5594 5595
(3)
A landscape plan indicating the location and type of plantings to be used in screening the base of the sign must be submitted prior to the issuance of a sign permit by the city.
5596 5597 5598 5599 5600 5601
(4)
A certified check or irrevocable letter of credit in favor of the city and in a form satisfactory to the city in the amount of 110 percent of the cost of the proposed plantings, as determined by a certified landscape professional, shall be held in escrow by the city until the plantings as indicated on the landscape plan approved in conjunction with the sign permit request are complete as determined by the city planner.
5602 5603 5604 5605 5606
(5)
If the cost of plantings is not determined by a certified landscape professional, the city planner shall determine the appropriate amount. The escrow or letter of credit shall be released to the applicant when all landscaping approved in conjunction with the sign permit application is installed to the satisfaction of the city planner.
5607 5608 5609 5610
(6)
If required plantings are not installed by the applicant within one year of issuance of a sign permit, the city shall have the right to install such plantings and to use the escrowed funds or to draw on the letter of credit to pay for such installation of plantings.
5611 5612 5613 5614 5615
3.7.10 Standards for Permanent Signs by Zoning District (A)
Signs in the R1-B, R2-B, R3-B, R4-B, N1-B, N2-B and A-S Districts
(1)
Two permanent ground-mounted signs may be allowed for each major subdivision with 50 or more lots, or multi-family development in the N1-B and N2-B districts provided that the signs meet the following requirements:
5616 5617
(a)
Signs may be permitted, at each development entrance along a city, county or state road;
5618 5619
(b)
The signs shall be setback 15 feet from the public right-of-way and five feet from any adjacent property lines;
5620 5621
(c)
Each sign may have a maximum sign area of 32 square feet not including any fence or wall on which the sign is located;
5622 5623 5624
(d)
The base of all signs shall be constructed of the same building materials used for any multi-family building or other material approved by the city planner;
5625 5626
(e)
No such sign or any portion of the structure shall exceed five feet in height; and
5627
(f)
Only concealed external light illumination may be permitted.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
150
Article 3: DEVELOPMENT STANDARDS
5628 5629
(2)
Public and institutional uses may have one wall sign and one groundmounted sign totaling a maximum of 60 square feet in area.
5630 5631
(a)
The signs shall be setback 15 feet from the public right-of-way and five feet from any adjacent property lines;
5632 5633
(b)
The sign may include a changeable copy sign provided that it does not comprise more than 20 percent of the total sign area of the sign;
5634 5635
(c)
No such sign or any portion of the structure shall exceed five feet in height; and
5636
(d)
Only concealed external light illumination may be permitted.
5637 5638
(3)
Larger signs for public and institutional uses may be considered as part of a conditional use permit.
5639 5640 5641
(4)
Agricultural uses may have one sign that meets the same requirements as those signs allowed for public and institutional uses; however, changeable copy signage shall be prohibited on signs for agricultural uses.
5642 5643 5644 5645 5646
(5)
(B)
Commercial or office uses that are permitted in the N1-B district shall comply with the sign standards established for the NC-F district in Section 3.7.10(C) below. General Requirements for Signs in the C1-B, C2-B, I1-B, NC-F, and ED-F Districts
5647 5648 5649
(1)
No pylon sign shall exceed 20 feet in height above the grade at the centerline of the street in front of the property. All ground-mounted flag poles, banners and pennants are also restricted by this height limitation.
5650 5651
(2)
Illumination of signs is permitted, but in accordance with the restrictions stated under Section 3.7.13, Illumination.
5652
(3)
Sidewalk Signs
5653
(a)
Sidewalks signs are permitted in the C1-B district only.
5654 5655
(b)
All sidewalk signs shall be limited to two feet in width and three and one-half feet in height, including the support members.
5656
(c)
No sign shall have more than two faces.
5657 5658
(d)
The sign shall be placed only in front of the business without significantly limiting the normal pedestrian use of the sidewalk.
5659 5660
(e)
One sign is permitted for each business, and it shall be removed from the sidewalk at the end of each business day.
5661
(f)
No sidewalk sign shall be illuminated.
5662
(g)
No zoning certificate shall be required.
5663 5664
(C)
Standards for the C1-B, C2-B, and NC-F Districts
(1)
Size
5665 5666
(a)
A total of one and one-half square feet of signage for each lineal foot of building frontage shall be permitted as the total allotted sign area.
5667 5668
(b)
If a building is situated on a corner with a second street frontage, one additional square foot of signage (for the total allotted sign area) shall
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
151
Article 3: DEVELOPMENT STANDARDS
5669 5670
be permitted for each lineal foot of building frontage, not to exceed 100 square feet except as limited by paragraphs (c) and (d) below.
5671 5672 5673 5674
(c)
5675 5676 5677 5678
Not more than ten percent of the building elevation area in the C1-B, C2-B, or NC-F districts may be used for wall signage. The building elevation area shall be determined by multiplying the total building by the height of the wall or surface area (See Figure 3-27).
Figure 3-27: Calculation of maximum wall sign area.
5679 5680 5681
(d)
Either one pylon or one ground sign may be permitted for each building frontage and shall not exceed 100 square feet per face and shall not have more than two faces.
5682
(e)
The total area of all signs shall not exceed allotted sign area.
5683 5684 5685
(f)
Freestanding signs in the NC-F district shall be limited to one ground sign with a maximum height of three feet and a maximum square footage of 12 square feet.
5686
(2)
Location
5687 5688 5689 5690 5691
(a)
Signs may be wall signs and located anywhere on the wall surface of the building. Signs may be projecting signs and may project not more than 36 inches beyond the face of the building and must have a minimum clearance of eight feet above a sidewalk and 15 feet above driveways or alleys.
5692 5693
(b)
A pylon or ground sign may be located anywhere back of the street right-of-way lines, subject to other restrictions in this section.
5694 5695 5696 5697 5698
(c)
Signs may be on the vertical faces of awnings and may project below the lower edge of the awning not more than 12 inches. The bottom of awning signs shall be no less than eight feet above the sidewalk or grade at any point. No point of the sign shall project above the vertical awning face.
5699
(3)
5700 5701 5702
Pylon and Ground Mounted Signs Adjacent to Residential Uses (a)
City of Northfield, Minnesota DRAFT 1-13-11
Internally lit pylon and ground mounted signs shall be permitted provided that the background of the sign display area shall be of a dark color that prohibits light from being emitted to adjacent Land Development Code
152
Article 3: DEVELOPMENT STANDARDS
5703 5704
property. Only the letters and business image may be of a lighter color.
5705 5706 5707 5708
(b)
(D)
5709
Externally lit pylon or ground mounted signs shall be of a lighting design where external lighting is downcast and does not extend to adjacent property.
Signs in the I1-B and ED-F Districts
(1)
Size
5710 5711 5712 5713
(a)
For each industrial property, a maximum of one square foot for each lineal foot of building frontage or one-half square foot for each lineal foot of land frontage is permitted, whichever is greater, as a total allotted sign area.
5714
(b)
No wall sign shall exceed 200 square feet per wall.
5715 5716 5717
(c)
One ground sign may be permitted for each building frontage, the sign shall not exceed 100 square feet per face and shall not have more than two faces.
5718
(d)
The total area of all signs shall not exceed the allotted sign area.
5719 5720 5721 5722 5723 5724 5725 5726
(2)
(E)
Location Signs may be wall signs and located anywhere on the surface of the building. Signs may be pylon or ground signs. Signs may be projecting signs and may project no more than 36 inches beyond the face of the building and must have a minimum clearance of eight feet above a sidewalk and 25 feet above driveways or alleys.
Signs in the CD-S and PI-S Districts
(1)
Height
5727 5728
(a)
Ground and kiosk signs may not exceed eight feet in height above the center line of the street in front of the property.
5729
(b)
Pylon signs are prohibited.
5730 5731 5732 5733 5734 5735
(2)
Size Square footage for ground and kiosk signs shall be approved pursuant to an approved signage plan. A ground sign shall not exceed 100 square feet per face and shall not have more than two faces. A kiosk sign shall not exceed 20 square feet per face and shall not have more than four faces. Not more than ten percent of the building elevation area may be used for wall signage.
5736 5737 5738 5739 5740 5741 5742 5743 5744 5745 5746
(3)
Signage Plan for the CD-S District For colleges wishing to install additional on-campus signage, except for wall signage identifying the name of the building, a signage plan shall be submitted to the city planner for review and approval. The signage plan shall include locations, sizes, dimensions, materials, height, and color of all existing and proposed ground and kiosk signs of the college. Except as otherwise provided for in this section, all new wall, ground and kiosk signs shall be subject to the zoning certificate approval process (See Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review) and all other applicable provisions of this section.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
153
Article 3: DEVELOPMENT STANDARDS
5747
(4)
Location
5748 5749
(a)
Signs may be wall signs located anywhere on the surface of the building.
5750 5751 5752 5753
(b)
Signs may be projecting signs and may project not more than 36 inches beyond the face of the building, and must have a minimum clearance of eight feet above a sidewalk and 15 feet above a driveway or alley.
5754
(c)
Signs may be ground or kiosk signs.
5755 5756 5757
(d)
Signs shall be subject to sight distance triangle setbacks (See Section 3.1.6(E), Height Limit at Street Corners (Traffic Safety Visibility Triangle), as defined in this LDC).
5758
(F)
Signs in the H-O District and on Heritage Preservation Sites
5759 5760
(1)
This subsection applies to the H-O district and other sites that have been designated as heritage preservation sites.
5761 5762
(2)
Signage shall be designed to enhance and complement the historic character of buildings within the historic district.
5763 5764
(3)
Prior to issuance of a zoning certificate, the applicant shall be required to apply for, and receive, a certificate of appropriateness for the sign.
5765 5766
(4)
Heritage preservation commission shall review the sign permit application in accordance with the following guidelines:
5767 5768
(a)
All sign permits for property within the H-O shall comply with both the requirements of this section.
5769 5770
(b)
Whenever possible, sign review shall be guided by the use of historic photographs or visual records of the building or site.
5771 5772 5773
(c)
Temporary signs meeting the requirements of this section do not require review by the heritage preservation commission and can be approved by the city planner.
5774
(d)
Pylon signs are prohibited.
5775 5776 5777 5778 5779 5780 5781 5782 5783
(5)
Placement Signs shall be positioned so they are an integral design feature of the building, i.e., signs shall help complement and enhance the architectural features of the building. They shall be placed so that they do not destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Unless other placement is specifically approved by the heritage preservation commission for reasons stated in the certificate of appropriateness issued by the heritage preservation commission, signs may be placed only as follows:
5784 5785
(a)
At or above the horizontal lintel, cornice, or beltcourse, or above the storefront windows;
5786
(b)
Projecting from the building;
5787
(c)
Applied to or painted on canvas awnings; or
5788
(d)
In areas where signs were historically attached (See Figure 3-28).
5789 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
154
Article 3: DEVELOPMENT STANDARDS
5790 5791 5792 5793
Figure 3-28: Illustration of where signs are historically attached to buildings in the downtown historic district.
5794 5795 5796 5797 5798 5799 5800
(6)
Sign Shape Signs shall be designed to match the historic time period elements and regional locations of the city, which primarily exclude such features as cut corners and nonrectangular shapes. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building surface or hanging space. Individual raised letters set onto the sign area surface are also preferred.
5801 5802 5803 5804 5805 5806
(7)
Colors Sign colors shall coordinate with the building faรงade to which the sign is attached and shall be compatible with the property's use. A combination of soft/neutral shades and dark/rich shades are encouraged in order to reflect the historical time period. No more than two colors shall be used for the sign letters.
5807 5808 5809 5810 5811
(8)
Material Signs and sign letters should be made of wood or metal that is in keeping with the corresponding historic period of the building. Brackets for projecting signs shall be made of iron or other painted metal, and shall be secured at the top of the sign, and anchored into the mortar, not the masonry.
5812 5813 5814 5815
(9)
Message The sign message shall be legible and shall relate to the nature of the business. These requirements may be accomplished through the use of words, pictures, names, symbols, and logos.
5816 5817 5818 5819 5820 5821
(10) Lettering Lettering styles shall be legible and shall relate to the character of the property's use and the era of the building. Lettering shall preferably include serif rather than strictly block-type styles. Each sign shall contain no more than two lettering styles, and the lettering shall occupy no more than approximately 60 percent of the total sign area. City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
155
Article 3: DEVELOPMENT STANDARDS
5822 5823 5824 5825 5826 5827 5828 5829
(11) Illumination
5830 5831 5832 5833
(12) Historic Building Names
5834 5835 5836 5837 5838 5839 5840 5841
External illumination of signs is permitted by incandescent or fluorescent light, but shall emit a continuous white light that prevents direct shining onto the ground or adjacent buildings. Exposed neon signs shall be permitted when installed inside windows or the interior of the building. The use of internally lit signs, such as but not limited to backlit plastic, is not permitted. Exceptions to this guideline shall be allowed for public service, time/temperature and theater signs. Permanent historic names on buildings shall be reviewed by the heritage preservation commission when changed or painted. These signs are not subject to the standard sign area requirement. (G)
Signs in the PD-O District Signs approved as part of a previously approved PUD shall be allowed to continue under the PD-O district. Any changes to a sign, other than copy changes and general maintenance, in the PD-O district shall be subject to the applicable standards of the underlying base zoning district.
3.7.11 Temporary Signs The following signs shall be permitted anywhere within the city provided they meet the established standards:
5842 5843 5844
(A)
Temporary Signs Require a Zoning Certificate The installation of a temporary sign shall require a zoning certificate unless the sign is less than four square feet in sign area or contains only noncommercial speech.
5845 5846 5847
(B)
Temporary Signs on Properties for Rent or Sale Temporary signs with a commercial message may be located on properties for sale, lease, or rent in all zoning districts, without a zoning certificate, as follows:
5848 5849
(1)
5850 5851 5852 5853 5854
(2)
(C)
Such signs shall be removed within seven days of the sale, rental, or lease or within two years, whichever occurs first. Temporary Signs with Noncommercial Speech Temporary signs that have no commercial message are permitted in all districts as follows:
5855
(1)
5856 5857 5858
(2)
5859 5860 5861 5862 5863 5864 5865
(D)
Signs in all other zoning districts shall have a maximum sign area of 12 square feet and a maximum height of five feet.
Zoning certificates and fees shall not be required; and
Signs shall be setback a minimum of 12 feet from the edge of pavement on any street to provide for visibility. Project Signs
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Project signs are allowed up to a total of one-half square foot for every lineal foot of land frontage along a public right-of-way up to a maximum of 50 square feet. One-sided signs only are allowed. Location shall be generally parallel to the public right-of-way and shall be on the tract they identify. Project signs must be removed when 75 percent of the tract is sold or leased or after ten years has elapsed from erection of the sign, whichever shall come first. Land Development Code
156
Article 3: DEVELOPMENT STANDARDS
5866 5867
(2)
Temporary signs may be permitted during the construction of a development under the following provisions:
5868 5869
(a)
The owner of the property where the sign will be located applies for and receives a zoning certificate for the sign;
5870 5871
(b)
There shall be a limit of one sign per premises and such sign shall not exceed 32 square feet per side with a maximum of two sides; and
5872 5873 5874 5875
(c)
The temporary sign may be posted during construction and/or development of the subject property without a specific time limit. The sign shall be removed within 14 days of completion of construction or development.
5876
(E)
Promotional Signs
5877 5878 5879 5880
(1)
5881 5882 5883
(2) (F)
Promotional signs shall require a zoning certificate(See Section 5.5.1, Zoning Certificate). Garage/Yard Sale Signs
5884 5885 5886
(1)
5887 5888 5889
(2) (G)
Signage for promotional events shall be permitted for a period not to exceed seven days prior to the event and shall be removed within 24 hours after the event. The sign may be allowed for a maximum of 24 days within any single 12-month period.
On-site garage or yard sale signs shall not exceed six square feet and be located at least five feet from the sidewalk or street in the absence of a sidewalk.
Such signs may be erected up to three days before and up to one day after the dates of the garage or yard sale. Other Temporary Signs
5890 5891 5892
(1)
Other temporary signs intended to be used until a permanent sign may be obtained and erected can be approved by the city planner for a period not to exceed 30 days.
5893 5894
(2)
Such sign shall not exceed the sign area permitted within the appropriate zone.
5895 5896
(3)
Such sign shall require a zoning certificate (See Section 5.5.1, Zoning Certificate).
5897 5898
3.7.12 Changeable-Copy Signs
5899 5900 5901 5902 5903
(1)
All Changeable-copy signs shall be subordinate to the main signage permitted on the property. The sign area of changeable-copy signs shall be counted as part of the total sign area permitted for the property. All permanent changeable-copy signs are strictly prohibited except for uses described in Subsections (B), (C) and (D) below.
5904 5905 5906 5907
(2)
Changeable-copy signs may include signs that are manually changed by a person or electronic/digital changeable-copy signs. Electronic/digital changeable-copy signs, where permitted, shall be static and shall not flash or move. Such copy may be changed as often as every 30 minutes.
(A)
Generally
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
157
Article 3: DEVELOPMENT STANDARDS
5908
(B)
Public and Institutional Uses
5909 5910
(1)
Only one changeable-copy sign is permitted for each use or parcel of land unless such signs are separated by a distance of 500 feet or more.
5911 5912
(2)
The sign face, which shall be limited to two faces, shall not exceed 20 square feet per face and a maximum letter height of four inches.
5913 5914 5915
(3)
(C)
Electronic/digital changeable-copy signs shall only be permitted in nonresidential zoning districts. Theaters
5916 5917
(1)
5918 5919 5920
(2)
(D)
A maximum of two manual or electronic/digital changeable-copy signs are permitted.
The total changeable-copy signage shall not exceed 50 percent of the total signage allowed. Signs Associated with Gasoline Stations
5921
(1)
One price information sign is permitted per building frontage.
5922 5923
(2)
Each sign shall not exceed 12 square feet per face and shall have no more than two faces.
5924
(3)
Each sign must be permanently installed.
5925 5926 5927 5928 5929
3.7.13 Illumination (A)
(B)
Illumination for signs, if used, shall not blink or fluctuate. Light rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines, in any direction, except by indirect reflection. Section 3.7.13(A) shall not apply to the following:
5930 5931
(1)
Lighting systems owned or controlled by any public agency for the purpose of directing of traffic or for highway or street illumination;
5932
(2)
Aircraft warning lights; or
5933 5934
(3)
Temporary lighting used for repair or construction as required by governmental agencies.
5935 5936 5937 5938 5939 5940 5941 5942 5943 5944 5945 5946 5947 5948
3.7.14 Nonconforming Signs Standards for nonconforming signs are as follows: (A)
(B) (C) (D)
A legal nonconforming sign shall immediately lose that status if the sign is altered in any way in structure or copy, except for changeable-copy signs and normal maintenance, which makes the sign comply less with the requirements of this section than it did before the alteration. If a sign loses its legal nonconforming status pursuant to paragraph (A) above, a new zoning certificate shall be required or the sign shall be removed. Nonconforming sign areas shall be governed by the area requirements of the zoning district into which they would normally be placed. Nothing in this subsection shall relieve the owner or user of the property on which a nonconforming sign is located from the sections regarding safety, maintenance, and repair of signs. If, however, any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure modifies the sign structure or copy in any way
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
158
Article 3: DEVELOPMENT STANDARDS
5949 5950
which increases its nonconformity, the sign shall lose its legal nonconforming status.
5951 5952 5953 5954 5955 5956 5957 5958 5959 5960
3.7.15 Abandoned Signs
5961 5962 5963 5964 5965 5966 5967 5968 5969 5970
3.7.16 Maintenance and Repair
5971 5972 5973 5974 5975 5976 5977 5978 5979 5980 5981 5982 5983 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995
3.7.17 Repair or Removal by City Planner
(A)
(B)
(C)
(A)
(B)
(A)
(B)
(C)
(D)
(E)
Except as otherwise provided in this section, any sign that is located on property which becomes vacant and unoccupied for a period of three months or more or any sign which pertains to a time, event, or purpose that no longer applies shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the property. Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of the sign. If the sign is not made to comply with adequate safety standards, the city planner shall require its removal in accordance with this section. No person shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises. The city planner shall cause to be repaired or removed any sign that does not conform to the standards of this section or that endangers the public safety such as an abandoned sign, a dangerous sign, an electrical sign or a structurally defective sign or a sign for which no permit has been issued. The city planner shall prepare a notice that shall describe the sign and shall specify the violation involved and shall state that, if the sign is not repaired or removed or the violation is not otherwise corrected within 30 days, the sign shall be repaired or removed in accordance with this section. All notices mailed by the city planner shall be sent by certified mail to the property owner. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail. Notwithstanding Subsections (A) and (B) above, in an emergency the city planner may cause the immediate repair or removal of a dangerous or defective sign that poses a hazard to public safety, without notice. The notice given by the city planner shall state the remedial action required to be taken and that, if such action is not taken within the time limits set forth in this section, the city may do the work and assess the cost thereof against the property on which the sign is located, together with an additional five percent of the cost of the remedial action for inspection and incidental costs, and an additional ten-percent penalty for the cost of collection, which shall be collected in the same manner as real estate taxes against the property. If the owner of the property shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate or remove the sign declared to be unlawful, they may be prosecuted for violation of this section.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
159
Article 3: DEVELOPMENT STANDARDS
5996 5997 5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023
(F)
(G)
(H)
Upon receipt of such certification, the city planner shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown upon the tax rolls, by certified mail, postage prepaid, notifying such owner that the work has been performed pursuant to this section. Such notice shall state the date of performance of the work, the nature of the work, and shall demand payment of the cost thereof, as certified by the city planner, together with five percent for inspection and other incidental costs in connection therewith. Such notice shall also state that if the amount is not paid within 30 days of mailing of the notice, it shall become an assessment upon and a lien against the property of the owner, describing the property, and shall be certified as an assessment against the property, together with a ten percent penalty, for collection in the same manner as the real estate taxes upon the property. If the city planner shall not receive payment within a period of 30 days following the mailing of such notice, the city planner shall inform the city council of such fact. A hearing to confirm the costs shall be held before the city council. At such hearing the owner of the property or other interested persons may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of the property owner as shown on the last equalized assessment roll. The council may thereupon enact a resolution assessing the whole cost of such work, including the five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts of land upon which the sign is or was located, together with a ten percent penalty for the cost of collection. Following passage of such resolution the city planner shall certify the resolution to the county auditor, who shall collect the assessment, including the ten percent penalty, in the same manner as other taxes are collected. Each such assessment shall be a lien against each lot or tract of land assessed, until paid, and shall have priority over all other liens except general taxes and prior special assessments.
6024
3.8
Off-Street Parking, Loading, and Mobility
6025 6026 6027 6028
3.8.1
Purpose (A)
The purpose of the parking regulations is to accommodate the parking needs of motorized and non-motorized traffic in all districts using fiscally and environmentally responsible practices. The standards relating to parking will:
6029
(1)
Prevent and alleviate the congestion of public streets;
6030
(2)
Promote the efficient use of land;
6031 6032
(3)
Integrate pedestrian and non-motorized transportation by emphasizing pedestrian circulation, and establishing requirements for bicycle parking;
6033 6034 6035 6036 6037
(4)
Provide safe, visually obvious and direct pedestrian routes between streets and vehicular and bicycle parking, between parking and building entrances, between adjacent buildings, and between buildings and the trail networks of adjacent areas including paths outlined in the cityâ&#x20AC;&#x2122;s Park Open Space and Trail plan.
6038 6039 6040
(5)
Locate and design parking lots that will soften the visual impact of parking, contribute to a well defined streetscape, and enhance the built and natural environment.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
160
Article 3: DEVELOPMENT STANDARDS
6041 6042 6043 6044 6045
(6)
(B)
Protect our natural environment by encouraging the use of permeable surfaces, LID storm water infiltration, and best practices for the reduction of air, light and noise pollution. The parking regulations will implement the following objectives (as paraphrased) from the 2008 Comprehensive Plan.
6046 6047 6048 6049
(1)
Support economic vitality and existing businesses by encouraging shared parking ordinances and pedestrian paths as articulated in the land use objective LU2 and economic development objective ED1.4 in the comprehensive plan;
6050 6051 6052
(2)
Encourage a compact development pattern and support infill, redevelopment and land intensification as articulated in land use objective LU3 in the comprehensive plan;
6053 6054 6055
(3)
Improve transportation choices and efficiency through sidewalk and parking lot placement and “park once” site designs as articulated in land use objective LU9 in the comprehensive plan;
6056 6057 6058 6059 6060 6061
(4)
Be a good steward of the natural environment; protect and enhance water quality. Increase the density of the community’s urban forest; reduce Northfield’s contribution to climate change by including promotion of shading of parking lots as articulated in land use objective LU6, environmental resource objectives ER3, ER9 and ER10 in the comprehensive plan;
6062 6063 6064
(5)
Maintain or improve air quality and minimize negative noise impacts as articulated in the environmental resource objectives ER7 and ER8 in the comprehensive plan;
6065 6066 6067
(6)
Improve the gateways into the community by including attractive landscaping and parking to the rear of the structure as articulated in the community identity objective CI5 in the comprehensive plan.
6068 6069 6070 6071 6072 6073 6074
3.8.2
Applicability (A)
New Uses The parking and loading requirements of this section shall apply to a site plan review as established in Section 5.5.6, Site Plan Review, or zoning certificate application as established in Section 5.5.1, Zoning Certificate, for the construction of a new building or use in any district.
(B)
Expanded Uses
6075 6076 6077 6078 6079
(1)
Whenever a building or use created prior to the effective date of this LDC is changed or enlarged in floor area, number of units, seating capacity, or otherwise that will create a need for an increase in the number of parking spaces, the additional parking spaces shall be provided on the basis of the new demand created by the enlargement or change.
6080 6081 6082 6083 6084
(2)
If the proposed expansion or enlargement will increase the floor area, number of dwelling units, seating capacity, or other area to an extent larger than 50 percent of the building or use prior to the effective date of this LDC, then the entire site shall come into compliance with the requirements of this section.
6085 6086
(3)
Any expansion or enlargement smaller than that established in paragraph (2) above shall comply with the requirements of this section for any new parking
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
161
Article 3: DEVELOPMENT STANDARDS
6087 6088 6089 6090 6091 6092 6093 6094 6095
(C)
or loading areas required for the expansion. In cases where these small expansions or enlargements occur over a period of time after the effective date of this LDC, the site shall come into full compliance with the requirements of this section once the total expansion or enlargement of the floor area, number of dwelling units, seating capacity of other area exceed 20 percent of the original size at the time this LDC became effective. Change of Use No change of use shall be authorized unless the new use meets the minimum number of parking spaces required by this section.
6096 6097 6098 6099 6100 6101
(D)
Existing Uses The parking and loading requirements of this section shall not apply to buildings and uses legally in existence on the effective date of this LDC unless modified in the manner stated in Subsections (A) or (B) above. Furthermore, any parking or loading facilities now serving such existing buildings or uses shall not be reduced below the requirements established in this section in the future.
6102 6103 6104 6105 6106 6107
(E)
Maintenance The duty to provide and maintain all such parking and loading areas shall be the joint responsibility of the owner, operator, and lessee of the use for which the vehicular areas are required. Each land use and structure, including a change or expansion of a land use or structure, shall provide suitable off-street parking and loading facilities in compliance with this section.
6108 6109 6110 6111 6112 6113
3.8.3
General Provisions (A)
Parking Plan Required Plans for all parking facilities, including parking garages, shall be submitted to the city planner for review whether through zoning certificate review as established in Section 5.5.1, Zoning Certificate, or site plan review as established in Section 5.5.6, Site Plan Review.
6114 6115 6116 6117 6118 6119
(B)
Parking and Loading Spaces to be Permanent Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve; provided, that the approval of a temporary use permit as outlined in Section 2.11, Temporary Uses and Structures of this LDC may allow the temporary use of a parking or loading space for other purposes.
6120 6121 6122 6123 6124
(C)
Parking and Loading to be Unrestricted A lessee, owner, tenant, or other person having control of the operation of premises for which parking or loading spaces are required by this section shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the city planner.
6125
(D)
Outdoor Parking and Storage of Vehicles
6126 6127 6128
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Parking and storage of any motorized vehicle may occur within a garage, carport, or other building approved for parking in accordance with the applicable sections of this LDC.
Land Development Code
162
Article 3: DEVELOPMENT STANDARDS
6129
(2)
6130
Parking and Storage of Vehicles in Residential Districts (a)
Parking and Storage in the Front or Side Yard
6131 6132 6133
(i)
Operable and licensed automobiles, motorcycles, or trucks of oneton capacity or less, in regular use, may be parked on a driveway in the front yard.
6134 6135 6136
(ii)
Operable recreational vehicles may be parked for a period of 72 hours on a driveway for the purpose of loading and unloading the vehicle.
6137 6138
(iii)
No other motorized vehicle parking shall be located within an unpaved surface in the front or side yard.
6139
(b)
6140 6141
Parking and Storage in the Rear Yard Parking and storage of motorized vehicles in the rear yard shall be prohibited.
6142
(c)
6143 6144 6145 6146 6147
Truck Parking in Residential Areas No motor vehicle over one-ton capacity bearing a commercial license and no commercially licensed trailer shall be parked or stored in a residential district or on a public street except when loading, unloading, or rendering a service. Recreational vehicles and pickups are not restricted by the terms of this subsection.
6148 6149 6150 6151 6152 6153
(E)
Vehicles for Sale No vehicle, trailer, or other personal property shall be parked on an unpaved surface for the purpose of displaying the vehicle, trailer, or other personal property for hire, rental, or sale, unless the applicable zoning allows the use, and the person or business at that location is licensed to sell vehicles, trailers, or other personal property.
6154
(F)
General Access and Circulation Requirements
(1)
6155 6156
The traffic generated by any use, whether vehicular or pedestrianshall be channeled and controlled in a manner that will avoid:
6157
(a)
Congestion on the public streets;
6158 6159
(b)
Traffic hazards including obstacles to safe pedestrian and bicycle access; and
6160 6161 6162
(c)
Excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow.
6163 6164 6165 6166 6167 6168 6169
(2) 3.8.4
Traffic into and out of business areas shall, to the maximum extent possible, be forward moving with no backing into streets.
Rules for Computation The following rules shall apply when computing parking, loading, or stacking spaces: (A)
On-Street Parking On-street parking space in non-residential zoning districts may be counted toward off-street parking space requirements as may be provided for in this LDC.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
163
Article 3: DEVELOPMENT STANDARDS
6170 6171 6172 6173 6174
(B)
Driveway Space Meeting Parking Requirements Entrances, exits, or driveways shall not be computed as any part of a required parking lot or area, except in the case of single-family, two-family, and three-family dwellings where driveways may be used in calculating the amount of off-street parking.
6175 6176 6177 6178
(C)
Multiple Uses Unless otherwise noted or approved, off-street parking areas serving more than one use shall provide parking in an amount equal to the combined total of the requirements for each use.
6179 6180 6181 6182 6183
(D)
Area Measurements All square footage-based parking standards shall be computed on the basis of gross floor area of all floors in a nonresidential building. Up to 15 percent of the gross floor area may be excluded from the above calculation if the area is used for storage, loading, unloading, or for mechanical equipment.
6184 6185 6186
(E)
Gasoline Stations Spaces at the pump at a gas station may count toward the minimum parking space requirements.
6187
(F)
Occupancy- or Capacity-Based Standards
6188 6189 6190 6191
(1)
For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the typical, or average, number of persons working on a single shift, the typical, or average, enrollment, or the maximum fire-rated capacity, whichever is applicable.
6192
(2)
In hospitals, bassinets shall not be counted as beds.
6193 6194 6195 6196
(3)
(G)
In the case of benches, pews and similar seating accommodations, each 24 inches thereof shall be counted as one seat for the purpose of determining the parking requirements. Unlisted Uses
6197 6198 6199 6200
(1)
Upon receiving an application for a use not specifically listed in the parking schedule below, the city planner shall apply the parking standard specified for the listed use that is deemed most similar to the proposed use in regards to use, size and intensity of use.
6201 6202 6203 6204 6205
(2)
If the city planner determines that there is no listed use similar to the proposed use, intensity, or size, they may refer to the estimates of parking demand based on recommendations of the American Planning Association (APA), the Urban Land Institute (ULI) and/or the Institute of Traffic Engineers (ITE).
6206 6207 6208 6209 6210 6211 6212 6213
(3)
(H)
The city plannerâ&#x20AC;&#x2122;s decision regarding parking requirements for a specific use is appealable to the zoning board of appeals as established in Section 5.5.17, Appeals. Tandem Parking The use of tandem parking (when one space is located directly behind another) is allowed; however, the parking spaces that will be blocked, or potentially blocked by other vehicles shall not count toward the requirements of this section. Single-family and two-family dwelling units shall be exempt from this requirement.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
164
Article 3: DEVELOPMENT STANDARDS
6214 6215 6216 6217 6218 6219 6220 6221 6222 6223 6224 6225 6226 6227 6228
(I)
3.8.5
Parking Areas within a Structure No parking area located within the interior of a structure shall be counted in meeting the off-street parking requirements of this section except when located within a private garage, parking garage, or other facility designed for the parking of cars.
Off-Street Parking Space Requirements (A) (B) (C)
(D)
Tables 3.8-1 and Table 3.8-2 define the number of parking spaces required for each use within the city. The applicant may vary from the required number of parking spaces in accordance with Section 3.8.8(A), Modification of Required Number of Spaces. The minimum number of parking spaces for all zoning districts is stated in Table 3.8-1. Table 3.8-2 states the required number of spaces for use categories. The standards of Table 3.8-1 and Table 3.8-2 apply unless specifically superseded by other portions of this LDC. See Section 3.8.7, Bicycle Parking for off-street parking requirements for bicycles.
Table 3.8-1: Minimum Required and Maximum Allowed Parking Spaces by Zoning District Zoning District
Requirement
A-S, R1-B, R2-B, R3-B, R4-B, N1-B, and N2-B C1-B
C2-B CD-S PI-S NC-F ED-F
Minimum is Standard A in Table 3.8-2 Maximum is Standard B in Table 3.8-2 Minimum: None, except: 1) Property west of Highway 3: Minimum is 50% of Standard A [1] 2) Property south of Sixth Street: Minimum is 30% of Standard A [1] Maximum: None, except: 1) Property west of Highway 3: Maximum is 50% of Standard B [1] 2) Property south of Sixth Street: Maximum is 30% of Standard B [1] Minimum is Standard A in Table 3.8-2 Maximum is Standard B in Table 3.8-2 Minimum is Standard A in Table 3.8-2 Minimum is Standard A in Table 3.8-2 Maximum is Standard B in Table 3.8-2 Minimum is Standard A in Table 3.8-2 Maximum is Standard B in Table 3.8-2 Minimum is Standard A in Table 3.8-2 Maximum is Standard B in Table 3.8-2
Note: [1] Hotels, Motels, and Extended Stay Establishments shall be subject to the minimum and maximum parking standards in Standard A and Standard B in Table 3.8-2. 6229 6230 6231 6232 6233 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
165
Article 3: DEVELOPMENT STANDARDS
Table 3.8-2: Parking Spaces by Use (Refer to Table 3.8-1 to determine which standard applies) Use Categories
Specific Uses
Standard A
Standard B
Minimum Bicycle Parking Requirement
Residential Uses Group Living
Includes residential care facilities and specialized care facilities
1 space per employee
None
5 spaces (covered according to Section 3.7.1(G))
Dwelling, MultiFamily
2 space per dwelling unit
None
Dwelling, SingleFamily, TwoFamily, or ThreeFamily Live Work
2 spaces per dwelling unit
None
10 percent of Standard A (covered according to Section 3.7.1(G)) None
1 space per living unit, plus 1 per employee Commercial Use 1 space per room or suite
1 space per living unit, plus 1 per employee
3 spaces
1.25 spaces per room or suite
10 percent of Standard A
1 space per 500 square feet of floor area. Adjacent onstreet parking may be included in the minimum requirement 1 space per 500 square feet of floor area
1 space per 350 square feet of floor area. Adjacent onstreet parking may be included in the minimum requirement 1 space per 250 square feet of floor area
Restaurants (not fast food) and bars
15 spaces per 1,000 square feet or 1 space for each 4 seats, whichever is greater
20 spaces per 1,000 square feet or 1 space for each 4 seats, whichever is greater
Restaurant, fast food
8 spaces per 1,000 square feet
15 spaces per 1,000 square feet
Hotel, Motel, Extended Stay Establishments Neighborhoodserving Commercial
Office
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
5 spaces
2 spaces minimum; where the number of vehicular spaces exceeds 10 spaces, then the number of bicycle parking spaces shall be 20% of Standard A. (covered according to Section 3.7.1(G)) 2 spaces; if the number of vehicular spaces exceeds 10 spaces, then the number of bicycle parking spaces shall be 15% of Standard A. (covered according to Section 3.7.1(G)) 2 spaces; if the number of vehicular spaces exceeds 10 spaces, then the number of bicycle parking spaces shall be 10% of Standard A. (covered according to 166
Article 3: DEVELOPMENT STANDARDS
Table 3.8-2: Parking Spaces by Use (Refer to Table 3.8-1 to determine which standard applies) Use Categories Retail Sales and Service
Industrial Warehouses and Yards
Specific Uses
Standard A
Standard B
Minimum Bicycle Parking Requirement Section 3.7.1(G)) 2 spaces; if the number of vehicular spaces exceeds 10 spaces, then the number of bicycle parking spaces shall be 15% of Standard A. (covered according to Section 3.7.1(G))
Includes retail, personal services and repair-oriented businesses
4 spaces per 1,000 square feet
6 spaces per 1,000 square feet
Includes distribution facilities
1 space per 5,000 square feet; mixeduse structures shall also be based on other use requirements
None
None
5 spaces per green
8 spaces per green
Number of spaces as required per a parking study 2 spaces per 1,000 square feet
Number of spaces as required per a parking study 4 spaces per 1,000 square feet
5 spaces per 1,000 square feet
5 spaces (covered according to Section 3.7.1(G)) 10 spaces(covered according to Section 3.7.1(G)) 2 spaces; if the number of vehicular spaces exceeds 10 spaces, then the number of bicycle parking spaces shall be 20% of Standard A. (covered according to Section 3.7.1(G)) 2 spaces; if the number of vehicular spaces exceeds 10 spaces, then the number of bicycle parking spaces shall be 25% of Standard A. (covered according to Section 3.7.1(G)) 25% of Standard A. (covered according to Section 3.7.1(G))
Public, Institutional, or Recreational Uses Golf Courses
Hospital
Recreational Facilities
Public and Semipublic Buildings
Includes cultural facilities
3 spaces per 1,000 square feet
School (Institutions of Higher Education)
Colleges and college related facilities
Campus-wide requirement as determined through a parking study. One parking space for each faculty, staff, student vehicle, and the number of parking spaces equal to the average visitor parking demand as documented in a
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
167
Article 3: DEVELOPMENT STANDARDS
Table 3.8-2: Parking Spaces by Use (Refer to Table 3.8-1 to determine which standard applies) Use Categories
Specific Uses
Standard A
Standard B
Minimum Bicycle Parking Requirement
parking study. On street parking adjacent to property owned by a college may be counted towards meeting the parking requirement.
6234 6235 6236 6237 6238
3.8.6
Parking spaces required for the disabled shall be provided in compliance with all the applicable state and federal requirements. All spaces for the disabled shall be located so that:
6239 6240 6241 6242 6243 6244 6245 6246 6247 6248 6249 6250 6251 6252 6253 6254 6255 6256 6257
Disabled Parking Requirements
(A) (B) (C)
3.8.7
The spaces provide easy access from the closest parking area to the major entrance of the use for which they are provided; The disabled individual is not compelled to wheel or walk behind parked cars other than his or her own; A pedestrian way accessible to physically disabled persons shall be provided from each parking space to related facilities including curb cuts or ramps.
Bicycle Parking The purpose of bicycle parking regulations is to encourage bicycling for personal transportation, to provide access to employment, commercial, residential and other destinations, and to provide safe, convenient bicycle parking located as close as possible to the main entrance of a destination. Provision of bicycle parking is required throughout the city. (A)
(B)
Those areas of the C1-B district that do not require vehicle parking are not required to provide bicycle parking. However, bicycle parking is still encouraged in those areas. The number of required bicycle parking spaces is found in Table 3.8-2. The city planner may waive or reduce the required number of bicycle parking spaces in those instances where bike parking is not physically feasible. The following standards are applicable to bicycle parking spaces:
6258 6259
(1)
6260 6261 6262 6263 6264 6265 6266 6267 6268 6269
(2)
(C)
(D) (E)
If more than ten bicycle parking spaces are required, at least 50 percent of those spaces shall be sheltered by overhangs or covered walkways.
Each bicycle parking space shall be accessible without moving another bicycle, usually by allowing 2½ feet by six feet for each bicycle parking space. Bicycle parking shall be located in an area that will not pose a safety hazard to the bicyclist and shall be separated from auto parking and traffic with space and a physical barrier. A sign shall be posted at the main building entrance indicating the location of large bicycle parking areas. Bicycle parking areas shall be well-lit for theft protection, personal security, and accident prevention.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
168
Article 3: DEVELOPMENT STANDARDS
6270
(F)
The following standards are applicable to bicycle racks:
6271 6272
(1)
Bicycle racks shall be securely anchored, maintained, and accessible during all seasons (i.e. free of debris and snow).
6273 6274 6275
(2)
Bicycle racks shall be harmonious with their environment both in color and design. Bicycle parking facilities shall be incorporated whenever possible into building design or street furniture.
6276 6277 6278
(3)
Bicycle racks shall be located within 50 feet of the main entrance within view of passers-by, retail activity or office windows but should not block pedestrian traffic.
6279 6280 6281 6282 6283 6284 6285 6286 6287 6288 6289 6290 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303
(4)
Bicycle racks that hold only the wheel of the bicycle are not allowed. Instead, racks should provide two contact points and allow the wheel and frame to be locked together to the rack with the most common locking device, the u-style (see Figure 3-29).
U Style
Wave Style
Bollard Style
Figure 3-29: Examples of Acceptable Bicycle Racks (G)
Bicycle parking shelter requirements shall include
6304 6305
(1)
A permanent free standing structure of sufficient size to protect the bicycle from exposure to snow or rain; or
6306 6307 6308
(2)
A permanent canopy, awning or recessed entrance or overhang that is an architectural extension of a building that is of sufficient size to protect the bicycle from exposure to snow and rain.
6309 6310 6311 6312
(3)
A permanent architectural extension from a building or a free standing structure must be attached to a building or supported by permanent vertical structural supports that are at least seven feet above the bicycle parking space.
6313 6314 6315
(4)
The bicycle parking shelter should be of sufficient size and be located so as to protect cyclist and the bicycle while locking and unlocking the bicycle from the required bike rack.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
169
Article 3: DEVELOPMENT STANDARDS
6316 6317
6318 6319 6320 6321 6322 6323 6324 6325 6326 6327 6328
Figure 3-30: Examples of bicycle parking shelters.
3.8.8
Modification of Parking Requirements (A)
6329 6330 6331 6332
Modification of Required Number of Spaces For all uses except single-, two-, and three-family dwellings, the number of parking spaces required in Table 3.8-1 and Table 3.8-2 may be modified according to the following provisions. Approval of requests to provide more or less parking spaces shall be made according to the applicable review procedure associated with the principal uses listed in Table 2.7-1.
(1)
Providing More Parking Spaces than the Required Number of Spaces An applicant may request additional spaces beyond those required in Table 3.8-1 and Table 3.8-2 but shall be required to provide the following information:
6333 6334 6335 6336
(a)
Number of customers, patients, visitors, or other patrons of the proposed use. Information shall also be included detailing the expected parking behavior of these people (i.e, how long a customer may be at the facility).
6337
(b)
Number of full-time and part-time employees.
6338
(c)
Number and approximate timing of deliveries.
6339 6340 6341 6342 6343
(2)
Providing Fewer Parking Spaces than the Required Number of Spaces Ten percent of the spaces required in Table 3.8-1 and Table 3.8-2 may be reduced as of right but a reduction of the remaining percentage, may be permitted only if the applicant provides for parking in the following locations (listed in order of priority):
6344
(a)
off-site parking spaces, or
6345
(b)
shared parking spaces, or
6346
(c)
shadow parking spaces as provided for in this subsection, or
6347
(d)
on-street parking.
6348 6349 6350 6351 6352 6353 6354
(B)
Modification of Bicycle Parking The city planner may waive or reduce the required number of bicycle parking spaces in those instance where parking is not appropriate to the nature and location of the land use. An applicant requesting a waiver or reduction shall be required to provide the following information:
(1) City of Northfield, Minnesota DRAFT 1-13-11
Number of customers, employees, patients, residents, visitors, or other patrons of the proposed use. Land Development Code
170
Article 3: DEVELOPMENT STANDARDS
6355 6356 6357 6358 6359 6360 6361 6362
(2)
(C)
Information shall also be included detailing the expected bicycling behavior of these people (i.e, the likelihood of customers or employees biking to the facility or parking at the facility). Shadow Parking A portion of the required parking spaces may remain landscaped and unpaved or paved with pervious (i.e., “green”) pavers provided that the parking and unpaved areas complies with the following standards and is authorized in accordance with Section 3.8.8, Modification of Parking Requirements (See Figure 3-31):
6363
6364 6365 6366 6367
Figure 3-31: Illustration of shadow parking concept.
6368 6369 6370 6371 6372 6373
(1)
The parking plan submitted with the zoning certificate or site plan review application shall denote the location and layout of that portion of the parking area that currently is deemed not required. The plan shall indicate that the “shadow” parking spaces will be constructed according to these regulations in the event that the city planner determines at any time that all or any portion of this parking is necessary.
6374 6375 6376 6377 6378
(2)
At no time shall any portion of the required parking area that is so designated for future construction be used for the construction of any structure or paved surface with the exception that pervious pavers may be used to provide temporary parking provided that the pavers allow for grass and other vegetation to grow through the material.
6379 6380 6381
(3)
At no time shall any portion of the required parking or loading that is so designated for future construction, as provided herein, be counted as open space or other non-paved areas required by other provisions of this section.
6382 6383 6384
(4)
The owner shall initiate construction of the approved "future" parking area(s), as identified on the approved parking plan, within three months of the receipt of a certified letter or a letter through normal postal service (in the
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
171
Article 3: DEVELOPMENT STANDARDS
6385 6386 6387 6388 6389 6390
(D)
event that the certified letter is not accepted) sent to the owner of record from the city planner, identifying that such parking is determined to be necessary. Shared Parking A portion of the required parking spaces may be located on an adjacent property if the parking area complies with the following standards and is authorized in accordance with Section 3.8.8, Modification of Parking Requirements.
6391 6392 6393
(1)
Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities.
6394 6395 6396
(2)
The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request. Shared parking may be approved if:
6397 6398
(a)
A sufficient number of spaces is provided to meet the highest demand of the participating uses;
6399 6400 6401 6402
(b)
Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the city planner, documenting the nature of uses and the times when the individual uses will operate so as to demonstrate the lack of potential conflict between them.
6403 6404 6405 6406
(c)
The shared parking spaces will not be located in excess of 500 feet from the further most point of the space to the front door, or other viable building entrance as approved by the city planner, of the use they are intended to serve;
6407 6408 6409 6410 6411 6412 6413 6414 6415
(d)
A shared parking agreement is submitted and reviewed as to form by the city attorney, that provides for the rights of the respective parties to use the shared parking areas in a manner adequate to accommodate multiple users or that parking spaces will be shared at specific times of the day (i.e., one activity uses the spaces during daytime hours and another activity uses the spaces during evening hours). This agreement shall include evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
6416 6417 6418 6419
(e)
The approved shared parking agreement shall be filed with the application for a zoning certificate and shall be filed with the appropriate county and recorded in a manner as to encumber all properties involved in the shared parking agreement.
6420 6421
(f)
No zoning certificate will be issued until proof of recordation of the agreement is provided to the city planner.
6422 6423 6424 6425 6426 6427 6428 6429 6430 6431
(E) Off-Site Parking A portion of the required parking spaces may be located on a separate lot from the lot on which the principal use is located if the off-site parking complies with the following standards and is authorized in accordance with Section 3.8.8, Modification of Parking Requirements.
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, hospitals, bars (if not incidental to a restaurant), or convenience stores and other convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility. Land Development Code
172
Article 3: DEVELOPMENT STANDARDS
6432 6433 6434 6435
(2)
With the exception of parking located in the CD-S zone, no off-site parking space shall be located more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This route may include crossing a right-of-way provided it uses a legal crosswalk.
6436 6437 6438
(3)
If an off-site parking area is located in a different zoning district, the off-site parking areas shall adhere to the regulations of the same or a more intensive zoning classification than that required for the use served.
6439 6440 6441
(4)
In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement as outlined in (5), below, shall be required.
6442 6443 6444 6445
(5)
An off-site parking agreement shall be submitted and approved as to form by the city attorney. This agreement shall include evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
6446 6447 6448 6449
(6)
The approved off-site parking agreement shall be filed with the application for a zoning certificate and shall be filed with the appropriate county and recorded in a manner as to encumber all properties involved in the off-site parking agreement.
6450 6451
(7)
No zoning certificate will be issued until proof of recordation of the agreement is provided to the city planner.
6452 6453
3.8.9
Location of Parking (A)
Generally
6454 6455 6456
(1)
6457 6458 6459 6460 6461 6462 6463
(2)
(B)
(C)
Unless otherwise stated, parking spaces shall be located on the same lot as the principal use they serve unless the spaces meet the requirements of Section 3.88(D), Shared Parking or Section 3.8.8(E), Off-Site Parking.
Parking is prohibited in any required screening or landscaping buffering areas as may be required in Section 3.6, Landscape, Screening, and Buffering Standards. Spaces accessory to multiple-family dwellings shall be on the same lot as the principal use served or within 200 feet of the main entrance to the principal building served. Setbacks
6464 6465 6466
(1)
Minimum setback requirements for parking lots, drive aisles, loading spaces and maneuvering areas are found in the site development standards for each individual zoning district.
6467 6468
(2)
All setbacks near intersections of public streets shall be determined by the city engineer.
6469 6470 6471 6472 6473 6474 6475
3.8.10 Parking Design Standards Required parking areas shall be designed, constructed, and maintained in compliance with the requirements of this subsection. (A)
Access to Parking Access to parking areas (i.e. driveways) shall be provided as follows for all parking areas other than garages for individual dwelling units. Additional access requirements are found in Section 3.11.3(A)(7), Access.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
173
Article 3: DEVELOPMENT STANDARDS
6476 6477
(1)
Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only.
6478 6479
(2)
Parking lots shall be designed to prevent access at any point other than at designated access drives.
6480 6481
(3)
Single dwellings and multi-family dwellings units (up to a maximum of four units) are exempt from this requirement.
6482 6483 6484 6485 6486 6487
(4)
A nonresidential development that provides 20 or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 20 feet from the street right-of-way, to provide a queuing or stacking area for vehicles entering and exiting the parking area (See Figure 3-32).
6488 6489 6490 6491
Figure 3-32: Non-impeded access driveway.
6492 6493
(5)
A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments.
6494
(6)
Surfacing
6495 6496
(a)
Within all zoning districts, driveways shall be paved and permanently maintained with asphalt, concrete, or approved paving units.
6497 6498 6499
(b)
Within the R1-B, N1-B, and N2-B districts, driveways may have a grass median separating the driveway parking area (see Figure 3-33). The paved driveway strips shall be at least 12 inches in width.
6500 6501 6502 6503 6504 6505 6506 6507 6508 6509 6510
Figure 3-33 : Example of grass median separating driveway parking area.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
174
Article 3: DEVELOPMENT STANDARDS
6511 6512 6513 6514 6515 6516
(c)
Driveways may be constructed with the use of other all-weather surfacing as determined to be appropriate by the city engineer, where it is first determined that a surface other than asphalt or concrete is consistent with the driveways of similar properties in the vicinity, and that the alternate surface will not impair accessibility for emergency vehicles.
6517 6518
(d)
A driveway with a slope of ten percent or greater shall be paved with rough surface concrete in all cases.
6519
(B)
Access to Adjacent Sites
(1)
6520
Nonresidential Developments
6521 6522 6523 6524
(a)
Where an applicant proposes parking for nonresidential developments, on-site vehicle access to parking areas on adjacent nonresidential properties should also be provided for convenience, safety, and efficient circulation to the extent possible.
6525 6526 6527 6528
(b)
A joint access agreement running with the land shall be recorded at the county by the owners of the abutting properties, as approved by the city planner, guaranteeing the continued availability of the shared access between the properties.
6529 6530 6531
(2)
(C)
6532 6533 6534 6535
Shared pedestrian access between adjacent residential developments is strongly encouraged but not required. Parking Space Dimensions
(1)
Each parking space, driveway, and other parking lot features shall comply with the minimum dimensions in Table 3.8-3 as illustrated in Figure 3-34.
Table 3.8-3: Parking Space and Aisle Dimensions
Angle of Parking (degrees)
One-Way Maneuvering Aisle Width (Feet) “A”
Two-Way Maneuvering Aisle Width (Feet) “A”
0 o – Parallel 30 o – 53o 54 o – 75 o 76 o – 90 o
12 14 18 22
20 20 22 24
Parking Stall Width (Feet)
Parking Stall Length (Feet)
“B” Compact Full Size Size 8 9 8 9 8 9 8 9
“C” Compact Full Size Size 18 22 16 20 16 20 16 18
6536 6537
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
175
Article 3: DEVELOPMENT STANDARDS
6538 6539 6540 6541
Figure 3-34: Parking space and aisle requirements based on angle of parking.
6542 6543 6544
(2)
6545 6546 6547 6548 6549
(3)
(D)
When the length of a parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot.
The required length of a parking space shall not provide for a vehicle overhanging a landscaped area or walkway. The entire length shall be composed of a surfacing material in compliance with Section 3.8.10(F), Grading, Surface, and Maintenance. Use of Compact Vehicle Spaces
6550 6551
(1)
This subsection provides for the establishment of compact vehicle spaces as an alternative to full sized spaces.
6552 6553
(2)
For parking lots with 50 or more spaces, a minimum of five percent of the total spaces shall be designed for compact vehicle spaces.
6554 6555
(3)
A maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces.
6556 6557 6558
(4)
Compact spaces shall be clearly labeled for â&#x20AC;&#x153;compact carsâ&#x20AC;? and grouped together in one or more locations or at regular intervals so that only compact vehicles can easily maneuver into the space.
6559 6560 6561 6562
(5)
Existing nonresidential developments that wish to utilize this section to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for site plan review.
6563 6564 6565 6566
(6)
Design techniques (e.g., use of lampposts and/or extra landscaped areas at the front of compact spaces) shall be incorporated into the parking lot plan to preclude the parking of standard size vehicles in compact vehicle spaces, subject to the approval of the city planner.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
176
Article 3: DEVELOPMENT STANDARDS
6567 6568
(7)
6569 6570 6571 6572
(8)
(E)
The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table 3.8-3.
When the length of a compact parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot. Striping and Identification
6573 6574
(1)
Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface.
6575 6576
(2)
The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans.
6577 6578 6579
(3) (F)
The color of the striping shall be white, yellow, or other color as approved by the city planner unless required by state law (e.g., parking for the disabled). Grading, Surface, and Maintenance
6580 6581
(1)
All grading plans relating to the parking facilities shall be reviewed and approved by the city engineer before any work can commence.
6582 6583
(2)
All parking plans are subject to the surface water management standards in Chapter 22, Article VI â&#x20AC;&#x201C; Surface Water Management.
6584 6585
(3)
All off-street parking facilities shall be properly graded and drained so as to dispose of all surface water accumulated within the area of the parking lot.
6586 6587
(4)
In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property without an approved easement.
6588 6589 6590 6591 6592 6593 6594 6595 6596 6597
(5)
(G)
All parking spaces and maneuvering areas shall be designed to accommodate parking based on the land use, but shall be surfaced with not less than two inches of asphaltic concrete, or three and one-half inches of Portland cement concrete, or comparable material (e.g., pervious pavers) as determined by the city engineer, and shall be continually maintained in a clean and orderly manner and kept in good repair. Wheel Stops and Curbing The purpose of wheel stops and curbing is to minimize storm water runoff, protect building and parking lot edges, and increase the survivability of plants. The following standards are applicable to wheel stops and curbing:
6598 6599 6600
(1)
The preferred curbing used in parking lots is wheel stops which shall be placed to allow two feet of vehicle overhang within the dimension of the parking space.
6601 6602
(2)
If protection of landscaped areas, trees, buildings and safety are not issues, the preference is flat curbing.
6603 6604 6605 6606 6607 6608 6609
(3)
(H)
Continuous concrete curbing at least six inches high and six inches wide shall be used for parking spaces only when wheel stops or flat curbing are not appropriate. Curb Cuts Access to an off-street parking lot shall not be allowed to occur through the use of a continuous curb cut (e.g., where most or all of the street frontage is provided as a curb cut for access purposes).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
177
Article 3: DEVELOPMENT STANDARDS
6610 6611 6612
Curb cuts shall be designed according to the cityâ&#x20AC;&#x2122;s engineering standard specifications approved by the city engineer. (I)
Entrance or Exit Adjacent to Side Property Line Prohibited
6613 6614 6615 6616
(1)
6617 6618 6619 6620 6621 6622
(2)
6623 6624 6625 6626 6627 6628 6629 6630 6631 6632 6633 6634 6635 6636 6637 6638 6639 6640 6641 6642 6643 6644 6645 6646 6647 6648 6649 6650 6651 6652 6653 6654
(J)
(K)
For residential uses, no entrance or exit, including driveways, to off-street parking areas shall be situated closer than three feet from a side property line, except in the case of a shared driveway, which shall be subject to the approval of the city planner.
For all other uses, entrance and exits to off-street parking areas shall be subject to approval by the city engineer according to the traffic impacts. Parking Lot Landscaping Requirements for parking lot landscaping are found in Section 3.6.8, Parking Lot Landscaping Requirements Except in the C2-B District and Section 3.6.8(E)(3), Requirements for the C2-B District. Deviation from Standards Requires a Detailed Study No proposed parking layout which deviates from the standards identified in this section and which could create a safety hazard(s) shall be allowed unless the developer provides a detailed report or study prepared by a registered transportation engineer which demonstrates that the parking layout is a viable alternative and is consistent with the purpose of this section.
3.8.11 Internal Sidewalks and Pedestrian Access (A) (B)
A pedestrian connection shall be constructed from the building to the public right of way. The pedestrian connection shall have a minimum width of eight feet.
Figure 3-35: This photograph illustrates how a sidewalk connecting the public sidewalk to the business can be integrated into the required landscaping. (C)
At each point that the on-site pedestrian walkway system crosses a parking lot or internal street or driveway, the walkway or crosswalk shall be clearly marked through the use of a change in paving materials, distinguished by their color, texture or height. (See Figure 3-35).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
178
Article 3: DEVELOPMENT STANDARDS
6655 6656 6657 6658 6659 6660 6661 6662
(D)
Sidewalks shall be provided along any faรงade featuring a customer entrance, and along any faรงade abutting public parking areas. At all times, such sidewalks shall maintain a clear pedestrian passage equal to the width of the sidewalk. Additionally, such sidewalks shall connect all customer entrances and to other internal sidewalks.
3.8.12 Loading Space Requirements (A)
Applicability The application of these loading requirements shall be limited to the same applicability as defined in Section 3.8.2, Applicability.
6663 6664 6665
(B)
Loading Spaces Prohibited Loading spaces are prohibited in all residential zoning districts and the C1-B district..
6666
(C)
Number of Off-Street Loading Spaces Required
6667 6668 6669 6670
(1)
Off-street loading spaces shall be provided in accordance with the schedule set forth in Table 3.8-4 and shall not conflict or overlap with any areas used for parking.
Table 3.8-4: Off-Street Loading Requirements Gross Floor Area of Structure (square feet) 0-10,000 10,001-50,000 50,001-100,000 100,001-200,000 200,001-400,000 Each additional 200,000
Number of Required Loading Spaces 0 1 2 3 4 1
6671 6672 6673 6674 6675 6676 6677 6678 6679
(2)
(D)
The requirements of Table 3.8-4 may be reduced or waived by the city planner with development review committee review if the applicant demonstrates that due to the specific uses the number of loading spaces is not required. General Design Standards Every loading space shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below:
(1)
6680
Location of Required Loading Spaces (a)
Loading spaces shall be:
6681 6682
(i)
As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;
6683 6684
(ii)
Situated to ensure that the loading facility is screened from adjacent streets;
6685 6686 6687 6688
(iii)
Situated to ensure that loading and unloading takes place on-site and in no case faces a public street, or is located within a required front or street side setback, adjacent public right-of-way, or other on-site traffic circulation areas;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
179
Article 3: DEVELOPMENT STANDARDS
6689 6690 6691
(iv)
Situated to ensure that all vehicular maneuvers occur on-site. The loading areas shall allow vehicles to enter from and exit to a public street in a forward motion only;
6692 6693 6694 6695 6696
(v)
Situated so that trucks parking in them will not encroach onto the public right-of-way or into required parking spaces or driveways. Loading spaces designed for larger trucks shall have appropriately larger access to allow maneuvering without encroaching into landscaped areas; and
6697 6698 6699 6700
(vi)
Situated to avoid adverse impacts upon neighboring residential properties. The times allowed for loading and deliveries may be restricted for loading spaces that are located closer than 100 feet to a residential zoning district.
6701 6702
(b)
Loading spaces or loading docks shall not be permitted to face a public street.
6703 6704 6705
(2)
Dimensions No required loading space shall be less than 12 feet in width or 25 feet in length or have a vertical clearance of less than 14 feet.
6706
(3)
Access
6707 6708 6709 6710
(a)
Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that will create the least possible interference with traffic movement and parking lot circulation. The city planner shall approve access to and from loading spaces.
6711 6712
(b)
No part of any truck or van that is being loaded or unloaded may extend into the right-of-way of a public thoroughfare.
6713 6714 6715
(c)
Loading spaces shall be designed with sufficient apron area to accommodate truck-turning movements and to prevent backing of trucks onto any street right-of-way.
6716
(4)
Screening
6717 6718 6719
(a)
All operations, materials, and vehicles within any loading space that are visible from a public street or from any residential use shall be screened.
6720 6721 6722
(b)
The screening material shall satisfy the buffer requirements of the most restrictive adjacent zoning district as outlined in Section 3.6.9, Buffering Between Zoning District.
6723 6724 6725 6726
(5)
Lighting Loading areas shall have lighting capable of providing adequate illumination for security and safety; lighting shall also comply with the requirements of Section 3.3.3, Outdoor Lighting Standards.
6727
(6)
Striping
6728
(a)
Loading spaces shall be striped and identified for "loading only."
6729 6730 6731
(b)
The striping and "loading only" notations shall be continuously maintained in a clear and visible manner in compliance with the approved plans.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
180
Article 3: DEVELOPMENT STANDARDS
6732
3.9
Pedestrian Access and Circulation
6733 6734 6735 6736 6737 6738 6739
3.9.1
Purpose
6740 6741 6742 6743 6744 6745 6746 6747 6748 6749 6750 6751 6752 6753
3.9.2
6754 6755 6756 6757 6758 6759 6760 6761
3.9.3
6762 6763 6764 6765 6766 6767 6768 6769 6770 6771 6772 6773 6774 6775 6776 6777
3.9.4
The purpose of the following pedestrian access and circulation requirements is to ensure effective pedestrian connections and other means of non-motorized transportation through proper site design and land development improvements including walkways, trails and other improvements that link residential and commercial neighborhoods to each other and at the same time link one method of transportation to other methods of transportation throughout the city.
Internal Sidewalks and Pedestrian Access Site Design Requirements (A)
(B) (C)
(D)
(E)
A pedestrian connection shall be constructed from all principal buildings on a lot to the public right of way. This requirement is not applicable to single family and two family structures. The pedestrian connection shall have a minimum width of eight feet. At each point that an on-site pedestrian walkway system crosses a parking lot or internal street or driveway, the walkway or crosswalk shall be clearly marked through the use of a change in paving materials, distinguished by their color, texture or height (See Figure 3-35). Sidewalks shall be provided along any façade featuring a customer entrance, and along any façade abutting public parking areas. At all times, such sidewalks shall maintain a clear pedestrian passage equal to the width of the sidewalk. Additionally, such sidewalks shall connect all customer entrances to other internal sidewalks.
Subdivision Pedestrian Access and Circulation Requirements (A) Subdivision and development design shall emphasize pedestrian connectivity within each project, to adjacent neighborhoods, nearby schools and parks, and to transit stops within 1/4-mile of the subject site or subdivision. All streets and walkways shall be designed to provide safe and pleasant conditions for pedestrians, including the disabled, and cyclists, as determined by the city planner. (B) Emphasis should be placed on implementing the Northfield Parks, Open Space, and Trail Systems Plan and the Greater Northfield Area Greenway System Action Plan.
Improvements Required at Subdivision (A)
(B)
(C)
(D) (E)
A sidewalk or trail shall be installed along all arterial and collector roadways consistent with the city’s comprehensive plan, comprehensive transportation plan update, or the plans referenced in Section 3.9.3(B) above. A sidewalk shall be required on both sides of all local streets unless specifically waived by the city council in instances where an alternative is proposed that better meets the objectives of the city’s Parks, Open Space, and Trails Systems Plan or where by reasons of steep topography, such sidewalks are not feasible from a grading standpoint as verified by the city engineer. Sidewalks shall extend to and around the turn-around portion of a cul-de-sac street. Construction of both sidewalks and trails shall be as specified in the city’s engineering standard specifications. Sidewalks along streets shall have a minimum width of five feet or wider as specified in Section 3.11.3, Streets and Table 3.11-3. Trails shall be a minimum of eight feet wide, unless located directly behind a curb, in which case they shall be a minimum of ten feet wide.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
181
Article 3: DEVELOPMENT STANDARDS
6778 6779 6780 6781 6782 6783 6784 6785 6786 6787 6788 6789
(F)
(G)
(H)
6790 6791 6792 6793 6794 6795 6796 6797 6798 6799
3.9.5
6800 6801 6802 6803 6804 6805 6806 6807
3.9.6
6808 6809 6810 6811 6812 6813 6814 6815
3.9.7
Sidewalks and trails shall be constructed in such a manner so as to prevent pooling of surface water runoff and to drain away from any nearby buildings. The profile grade shall not exceed the grade of the adjacent roadway, unless authorized by the city engineer. As part of subdivision approval, the city may require dedicated and improved trails in locations away from street frontages where necessary to provide safe and convenient pedestrian access to a public facility or to otherwise provide convenient connections between existing pedestrian routes. Where trails that are not classified as sidewalks are required, the city engineer shall specify standards for their design and construction. All sidewalks and trails shall comply with applicable standards of the Americans with Disabilities Act.
Pedestrian Connections Required Outside of New Subdivisions (A)
(B)
To ensure safe, reasonably direct and convenient pedestrian connections between primary building entrances and all adjacent streets, all developments, except single family detached housing on individual lots, shall provide a continuous pedestrian and/or multi-use pathway system that may include a combination of sidewalks, trails, and pathways. The pedestrian connection system shall extend throughout any development site and connect to all future phases of development, adjacent trails, public parks and open space areas, whenever possible. The developer may also be required to connect or stub trails(s) to adjacent streets and private property.
Location (A)
(B)
Sidewalks shall be included within the dedicated street right-of-way unless otherwise approved by the city engineer. Trails may be located within the street right-of-way, an easement or an outlet, depending on whether there is sufficient right-of-way to accommodate the trail and meet other city requirements, including snow storage. Sidewalks shall be located at least seven feet from the back of curb to allow for snow storage.
In Long Blocks and at the End of Culs-de-Sac (A)
(B)
Multi-use trails (for pedestrians and bicycles) connecting streets on either side of a block shall be required at or near mid-block where the block length exceeds the required block standards of Section 3.11.2(L), Blocks. When culs-de-sac are necessary, trails will be required where culs-de-sac are planned to connect the ends of the streets together, to other streets, and/or to other developments, as applicable (See Figure 3-36). Trails used to comply with these standards shall conform to all of the following criteria:
6816 6817 6818
(1)
Multi-use trails shall be no less than eight feet wide and located within a 20foot-wide right-of-way or easement that allows for drainage and access for maintenance and emergency vehicles;
6819 6820
(2)
Stairs or switchback trails using a narrower right-of-way/easement may be required in lieu of a multi-use pathway where grades are steep; and
6821 6822 6823
(3)
The city may require landscaping within the trail easement/right-of-way for screening and the privacy of adjoining properties.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
182
Article 3: DEVELOPMENT STANDARDS
6824 6825 6826 6827 6828 6829 6830 6831 6832 6833 6834 6835 6836 6837
Figure 3-36: Cul-de-sac trail connection.
6838
3.10 Basic Subdivision Requirements
6839 6840 6841 6842
3.10.1 Purpose and Applicability (A)
The intent of this section is to protect and provide for the public health, safety, morals, and general welfare of the city and its people, and specifically to achieve the following purposes:
6843
(1)
To implement the comprehensive plan;
6844 6845
(2)
To ensure that subdivisions are consistent with all applicable provisions of all applicable plans (See Section 5.2.4), laws and regulations;
6846 6847
(3)
To establish standard requirements, conditions, and procedures for the design and review of subdivisions;
6848 6849
(4)
To provide for the orderly subdivision of land and to ensure proper legal descriptions and monumentation of subdivided land;
6850 6851 6852
(5)
To encourage the wise use and management of land and natural resources throughout the city in order to preserve the integrity, stability, and natural beauty of the community;
6853 6854
(6)
To ensure that adequate public infrastructure, facilities and services are available concurrent with development;
6855 6856 6857
(7)
To require subdividers to furnish land, install infrastructure, pay fees, and establish mitigative measures to ensure that development provides its fair share of capital facilities;
6858 6859 6860
(8)
To encourage a beneficial relationship between the uses of land and circulation of traffic throughout the city, and to provide for the proper location and design of streets;
6861 6862 6863
(9)
To prevent problems associated with inappropriately subdivided lands, including excess subdivision, partial or incomplete subdivision, or scattered subdivision;
6864 6865
(10) To assure that new subdivisions will contribute toward an attractive, orderly,
6866
(11) To provide adequate utility systems to support the future needs of the system.
stable, livable, and safe community; and
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
183
Article 3: DEVELOPMENT STANDARDS
6867 6868 6869 6870 6871 6872 6873 6874 6875 6876 6877 6878
3.10.2 Subdivision Approval Required
6879 6880 6881 6882
3.10.3 Energy Conservation Design
6883 6884 6885 6886 6887 6888 6889 6890 6891 6892 6893 6894 6895 6896 6897 6898 6899 6900 6901
(A)
(B)
Subdivision approval, in compliance with the provisions of this section, Section 5.5.11, Minor Subdivision or Lot Consolidation and Section 5.5.12, Major Subdivisions, shall be required for the separation of an area, parcel, or tract of land under single ownership into two or more parcels, lots, or tracts where the division necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, or any change in the lot line or lines of a parcel, lot, or tract, or the establishment of the lot lines of a parcel, lot, or tract not previously platted. Subdivision approval is not required for those separations where all the resulting parcels, tracts, lots, or interests will be 35 acres or larger in size and 500 feet in width for residential uses.
Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with the following, where feasible: (A) (B)
Lots shall be largely oriented in an east-west direction. Proposed lots shall be designed to provide building sites that permit the orientation of structures in east-west alignment for southern exposure and to take advantage of existing shade or prevailing breezes.
3.10.4 Development Agreement Required (A)
Purpose It is the purpose of this section to ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. To that end, whenever a subdivision includes any public improvements or other conditions of approval, the subdivider shall enter into a development agreement with the city, setting forth the conditions under which the subdivision is approved.
(B)
Required Improvements
(1)
Basic Improvements All of the following required improvements to be installed under the provisions of this section shall be designed and constructed in accordance with the design standards of this section and the current version of cityâ&#x20AC;&#x2122;s engineering standard specifications, which are adopted herein by reference, and approved by and subject to the inspection of the city engineer prior to approval:
6902
(a)
Streets;
6903
(b)
Sanitary sewer;
6904
(c)
Watermain;
6905 6906
(d)
Surface water facilities (pipes, ponds, rain gardens, and similar improvements);
6907
(e)
Grading and erosion control;
6908
(f)
Sidewalks/trails;
6909
(g)
Street lighting;
6910
(h)
Street signs and traffic control signs;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
184
Article 3: DEVELOPMENT STANDARDS
6911
(i)
Street trees;
6912
(j)
Tree preservation;
6913
(k)
Wetland mitigation and buffers;
6914
(l)
Monuments required by Minnesota Statutes; and
6915 6916
(m)
Miscellaneous facilities or other elements defined by the guiding documents.
6917 6918 6919 6920 6921
(2)
(C)
Other Improvements The subdivider shall arrange for the installation of private utilities including but not limited to telephone, category 5 cable (CATV), electrical and natural gas service following the backfilling of the curb and gutter.
Installation of Basic Improvements
6922 6923 6924 6925 6926 6927 6928 6929 6930 6931
(1)
The subdivider shall arrange for the installation of all required improvements in the development subject to the development agreement. All of the cityâ&#x20AC;&#x2122;s expenses incurred as the result of the required improvements shall be paid to the city by the subdivider including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of the development agreement, review of construction plans and documents, and all costs and expenses incurred by the city in monitoring and inspecting development of the plat. The subdivider shall reimburse the city for costs incurred in the enforcement of the development agreement, including engineering and attorneys' fees.
6932 6933 6934 6935
(2)
The city reserves the right to, in its sole discretion, elect to install all or any part of the basic improvements required under the provisions of this section and assess the costs to the benefiting property owners pursuant to Minn. Stat., Chapter 429, as may be amended.
6936 6937 6938 6939 6940
(3)
Unless separate written approval has been given by the city, within the plat or land to be platted, the subdivider may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings within the plat or land to be platted until all the following conditions have been satisfied:
6941 6942
(a)
The development agreement has been fully executed by both parties and filed with the city clerk;
6943
(b)
The necessary security has been received by the city;
6944
(c)
The plat has been filed with the county recorder's office;
6945 6946
(d)
The construction plans have been approved and signed by the city engineer; and
6947 6948
(e)
The city has issued a letter that all conditions have been satisfied and that the subdivider may proceed.
6949 6950 6951 6952 6953 6954 6955
(4)
City of Northfield, Minnesota DRAFT 1-13-11
The improvements shall be installed in accordance with this LDC, city standard specifications for utilities and street construction, and the cityâ&#x20AC;&#x2122;s engineering standard specifications. The subdivider shall submit plans and specifications that have been prepared by a competent registered professional engineer to the city for approval by the city engineer. The city shall, at the subdivider's expense, provide all on site inspection and soil testing to certify that the construction work meets the cityâ&#x20AC;&#x2122;s standards and approved plans. Land Development Code
185
Article 3: DEVELOPMENT STANDARDS
6956 6957 6958 6959 6960 6961 6962 6963 6964
(5)
(D)
6965 6966
All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer. The subdivider shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this development agreement, for which reimbursement is expected from the city, unless such work is first ordered in writing by the city engineer as provided in the specifications. Time of Performance
(1)
The subdivider shall complete all required basic improvements no later than one year following the commencement of work on the improvements, except:
6967
(a)
Where weather precludes completion;
6968
(b)
For street lighting;
6969
(c)
For landscaping; and
6970
(d)
For the wearing course of streets.
6971 6972
(2)
Where weather precludes completion, the timeline for completion of the improvements may be extended an additional six months.
6973 6974
(3)
The subdivider shall complete street lighting within two years following the initial commencement of work on the required basic improvements.
6975 6976 6977 6978
(4)
The subdivider shall complete landscaping by the development phase within 90 days following the issuance of a building permit for the last vacant lot within a phase unless weather precludes completion, in which case the landscaping shall be completed at the outset of the next growing season.
6979 6980 6981 6982 6983 6984 6985 6986 6987 6988 6989 6990
(5)
(E)
Neither curb and gutter nor bituminous pavement shall be installed between November 15, and April 15. The final wear course on streets shall be installed between May 15 and October 1 the first summer after the base layer of asphalt has been in place one freeze thaw cycle. Any deficiencies in the base asphalt, curb or other improvements must be repaired by the subdivider at its own cost prior to final paving. The subdivider may, however, request an extension of time from the city. If an extension is granted, it shall be conditioned upon updating the security posted by the subdivider to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the city engineer. Financial Guarantees
6991 6992 6993 6994 6995
(1)
Subsequent to execution of the development agreement but prior to approval of a signed final plat for recording, the subdivider shall provide the city with a financial guarantee in the form of a letter of credit from a bank, cash escrow, or other form of security acceptable to the city. A letter of credit or cash escrow shall be in an amount as determined by the city engineer.
6996 6997 6998 6999 7000 7001
(2)
It shall be the responsibility of the subdivider to insure that a submitted financial guarantee shall continue in full force and effect until the city engineer has approved and the city council has accepted all of the required improvements. The city engineer thereby is authorized to release the guarantee or reduce the amount of the guarantee as provided in Section 3.10.4(G), Approval and Acceptance of Basic Improvements.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
186
Article 3: DEVELOPMENT STANDARDS
7002 7003 7004 7005 7006 7007 7008 7009 7010 7011 7012 7013 7014 7015 7016
(3)
When any instrument submitted as a financial guarantee contains provision for an expiration date, after which the instrument may not be drawn upon, notwithstanding the status of the development agreement or of the required improvements, the expiration date shall be December 31 or the closest business day in the case of weekends and legal holidays. Further, the financial guarantee shall be deemed automatically extended without change for six months from the expiration date unless 60 days prior to the expiration date the financial institution notifies the city in writing by certified mail that it does not elect to renew the financial guarantee for an additional period. If the instrument is not to be renewed and has not been released by the city engineer, another acceptable financial guarantee in the appropriate amount shall be submitted at least 60 days prior to the expiration. The term of any extension shall be approved by the city engineer and subject to the requirements of this section. Upon receipt of an acceptable substitute financial guarantee, the city engineer may release the original guarantee.
7017
(4)
Forms of Financial Guarantees
7018
(a)
Letter of Credit
7019 7020
If the subdivider posts a letter of credit as a guarantee, the credit shall:
7021
(i)
Be irrevocable;
7022
(ii)
Be from a bank approved by the city;
7023
(iii)
Be in a form approved by the city;
7024 7025
(iv)
Be for a term sufficient to cover the completion, maintenance and warranty periods identified in this section; and
7026 7027 7028 7029
(v)
Require only that the city present the credit with a sight draft and an affidavit signed by the city administrator or the city administrator’s designee attesting to the city’s right to draw funds under the credit.
7030
(b)
Cash Escrow
7031 7032
If the subdivider posts a cash escrow as a guarantee, the escrow instructions approved by the city shall provide that:
7033 7034 7035
(i)
The subdivider will have no right to a return of any of the funds except as provided in Section 3.10.4(G), Approval and Acceptance of Basic Improvements; and
7036 7037 7038 7039
(ii)
The escrow agent shall have a legal duty to deliver the funds to the city whenever the city administrator presents an affidavit to the agent attesting to the city’s right to receive funds whether or not the subdivider protests that right.
7040
(c)
7041 7042 7043 7044 7045
Cash A cash deposit made with the city finance department may be used as part of the required financial guarantee in those instances where the subdivider elects to have the city install some or all of the public improvements.
(5)
City of Northfield, Minnesota DRAFT 1-13-11
Amounts of Financial Guarantees
Land Development Code
187
Article 3: DEVELOPMENT STANDARDS
7046 7047 7048
The subdivider shall submit either a financial guarantee in one of the forms listed in Section 3.10.4(E)(4), Forms of Financial Guarantees, for an amount determined by the city engineer in accordance with the following:
7049
(a)
Subdivider Installed Improvements
7050 7051 7052
For basic improvements to be installed by the subdivider, the required financial guarantee shall include all of the following fixed or estimated costs:
7053 7054
(i)
Costs of the basic improvements identified in Section 3.10.4(B)(1), Basic Improvements.
7055 7056
(ii)
Engineering, to include subdividerâ&#x20AC;&#x2122;s design, construction management, surveying, inspection, and drafting.
7057 7058
(iii)
Twenty-five percent contingency or add-on to the costs in paragraphs (i) and (ii) above; and
7059 7060
(iv)
Estimated cost of energy for street lights for the first two years of operation.
7061
(b)
City Installed Improvements
7062 7063 7064
For basic improvements to be installed by the city, the required financial guarantee shall be the sum of the following fixed or estimated costs:
7065 7066 7067 7068 7069 7070 7071 7072
(i)
A cash deposit in an amount equal to 25 percent of the estimated cost of installing the specified public improvements as determined by the city engineer, which costs would include charges incurred by the city for legal, planning, engineering and administration associated with the installation project(s). The deposit shall be applied to the costs of such installations, with the remainder of the costs specially assessed, in the manner provided by Minnesota Statutes, over a period of five years together with interest thereon.
7073 7074 7075 7076 7077 7078 7079 7080
(ii)
In lieu of the cash deposit, the subdivider may elect to have the city provide 100 percent of the cost of such installations, which costs shall be assessed over a period of five years. In such event, the subdivider shall post a letter of credit for 60 percent of the cost of assessments, which letter of credit shall be released after the subdivider pays the principal and interest on said assessments for two years and which letter of credit shall be separate from any other letters of credit associated with the subdividerâ&#x20AC;&#x2122;s project.
7081 7082 7083 7084 7085
(F)
Other Cash Requirements The subdivider will be responsible for additional cash requirements which must be furnished to the city at the time of final plat approval. The subdivider shall not proceed with any improvements until these cash requirements have been paid to the city. The cash requirements may include:
7086 7087
(1)
Park dedication fees (See Section 3.11.6, Park, Trails, and Open Space Dedication);
7088 7089
(2)
Utility charges and fees. This may include sewer availability charges (SAC), water availability charges (WAC), and trunk fees;
7090
(3)
Special assessments including interest;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
188
Article 3: DEVELOPMENT STANDARDS
7091 7092
(4)
The cityâ&#x20AC;&#x2122;s legal, engineering administration, and construction observation fees;
7093 7094
(5)
Costs associated with traffic control and street signs to be installed in the plat by the city;
7095
(6)
Map upgrade fee; and
7096 7097
(7) (G)
Other charges or fees as determined by the city. Approval and Acceptance of Basic Improvements
7098 7099 7100 7101 7102 7103 7104 7105
(1)
Upon receipt of proof satisfactory to the city engineer that work has been completed and financial obligations to the city have been satisfied, with city engineer approval the security may be reduced from time to time by 90 percent of the financial obligations that have been satisfied. Ten percent of the amounts certified by the subdivider's engineer shall be retained as security. Reductions in the financial guarantee shall be considered only after underground utilities are tested and found to be satisfactory and again after the base bituminous layer has been placed.
7106 7107 7108 7109 7110 7111
(2)
The financial guarantee shall be held by the city until, upon written notice by the subdivider and certification from a professional engineer that all of the required improvements have been completed and upon verification of such by the city staff, a portion or all of the financial guarantee is released by the city engineer. No financial guarantee shall be released in full until the following has occurred:
7112 7113
(a)
All improvements have been completed and public improvements have been accepted by the city engineer:
7114
(b)
Iron monuments for lot corners have been installed,
7115
(c)
All financial obligations to the city have been satisfied,
7116 7117 7118 7119 7120
(d)
Reproducible record plans of all public improvements as required by the city engineer have been furnished to the city by the subdivider. Such record plans shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements.
7121 7122
(e)
A warranty/maintenance guarantee has been provided as described in Section 3.10.4(H), Warranty/Maintenance Guarantee.
7123 7124 7125
(f)
A title insurance policy approved by the city attorney indicating that the improvements are free and clear of any and all liens and encumbrances.
7126 7127 7128
(H)
Warranty/Maintenance Guarantee The subdivider shall submit either a warranty/maintenance bond or a letter of credit for an amount determined by the city engineer.
7129 7130 7131
(1)
The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two years from the date of final written city acceptance of the work.
7132 7133 7134 7135
(2)
The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one year from the date of final written acceptance, unless the wearing course is placed during the same construction
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
189
Article 3: DEVELOPMENT STANDARDS
7136 7137 7138 7139
season as the bituminous base course. In those instances, the subdivider shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a period of two years from the date of final written city acceptance of the work.
7140 7141
(3)
7142 7143 7144 7145 7146 7147 7148 7149 7150 7151 7152 7153 7154
(4) (I)
The required warranty period for trees and landscaping is one growing season following installation.
The required warranty period for erosion control will be for five years from acceptance of the improvements. Insurance The subdivider shall take out and maintain or cause to be taken out and maintained until six months after the city has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of subdivider's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for the coverage shall be in accordance to the cityâ&#x20AC;&#x2122;s current requirements. The city shall be named as an additional insured on the policy, and the subdivider shall file with the city a certificate evidencing coverage prior to the city signing the plat. The certificate shall provide that the city must be given ten days advance written notice of the cancellation of the insurance.
Subdivision Design Standards
7155
3.11
7156 7157 7158 7159
3.11.1 General Standards (A)
Applicability Each subdivision shall be designed in compliance with the standards of this section, unless an exception is granted in compliance with Section 5.5.16, Variance.
7160 7161 7162
(B)
Public Access to Public Resources Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs, if they are adjacent to the subdivision.
7163 7164 7165
(C)
Sidewalks, Pathways, and Trails Sidewalk, pathways, trails, and other pedestrian connections shall be required in accordance with Section 3.9, Pedestrian Access and Circulation.
7166
(D)
Monuments
7167 7168
(1)
Official permanent monuments shall be placed as required by Minn. Stat. §505.021 (as may be amended).
7169 7170
(2)
All monument markers shall be correctly in place upon final grading and installation of utilities.
7171 7172
(3)
The city will not issue building permits for a lot within a plat until monuments have been placed for that lot.
7173 7174 7175
(4)
All United States, state, county or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
190
Article 3: DEVELOPMENT STANDARDS
7176 7177 7178 7179
(E)
Subdivision Names The proposed name of the subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the city or county. The city shall have final authority to designate the name of the subdivision.
7180 7181 7182 7183 7184
(F)
Street Names Street names shall be designated by the cityâ&#x20AC;&#x2122;s â&#x20AC;&#x153;Administrative Program for Assigning Roadway Names and Addresses.â&#x20AC;? The city planner shall have discretion to alter the city street naming system, when appropriate, in order to avoid confusion to the traveling public.
7185 7186 7187 7188 7189 7190 7191 7192 7193
(G)
Debris and Waste No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of the development agreement or dedication of public improvements, whichever occurs sooner.
7194
(H)
Open Space and Natural Features
7195 7196 7197
(1)
Natural amenities (including views, protected trees, creeks, riparian corridors, rocky outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.
7198 7199 7200 7201
(2)
Development on hillsides shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural land forms and to minimize grade differentials with adjacent streets and with adjoining properties.
7202 7203 7204 7205 7206 7207
(3)
Public access and visibility to creeks and the separation of residences and other uses from creeks shall be provided through the use of single-loaded frontage roads or multi-use trails. Pedestrian access to and along creeks and riparian corridors may need to be restricted to flatter areas (e.g., beyond top of bank, natural benches) where grading needs and erosion potential are minimal and where sensitive environmental resources require protection.
7208 7209
(4)
Development adjacent to parks or other public open spaces shall be designed to provide maximum visibility of these areas.
7210 7211
3.11.2 Lot and Block Design (A)
Minimum Lot Dimensions
7212 7213 7214 7215 7216
(1)
All lot dimensions shall comply with the minimum standards of the applicable zoning district in this LDC. Depth and width of properties reserved or laid out for commercial, office or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use contemplated, as established in this LDC.
7217 7218 7219 7220
(2)
No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained, as common area within the development.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
191
Article 3: DEVELOPMENT STANDARDS
7221 7222 7223 7224 7225 7226 7227
(B)
Lots Designed for Affordable Housing The city encourages the development of affordable housing. In an effort to encourage the distribution of lots for affordable housing across the city, as an alternative to clustering affordable housing in a single area of the city, no more than 20 percent of any lots on a single block may include deed restrictions or other covenants that are tied to the provision of affordable housing (e.g., limiting housing costs or establishing maximum income levels).
7228 7229 7230 7231 7232 7233 7234
(C)
Lot Arrangement The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this LDC. In addition, all lots shall abut and have direct access to an improved street except for developments within manufactured home parks, in which case the base lot shall abut and have direct access to an improved street.
7235 7236 7237
(D)
Street Frontage Required Each proposed parcel shall have frontage on a public street. The frontage width shall be at least the minimum lot width required by the applicable zoning district.
7238 7239 7240 7241
(E)
Side Lot Lines Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan.
7242
(F)
Corner Lots
7243 7244 7245 7246
(1)
7247 7248
(2) (G)
Corner lots shall be of sufficient width and depth to comply with the minimum building setback or build-to line requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in this LDC.
See the provisions related to corner lots in Section 3.1.5(D)(2), Corner Lots. Double Frontage Lots
7249 7250 7251 7252
(1)
No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of topographical or other physical conditions or where access from one of the roads is prohibited. An alley is not considered a street for the purposes of this section.
7253 7254 7255 7256 7257 7258
(2)
Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary faรงade faces the higher volume street. Authorization may be given by the city for alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.
7259 7260 7261 7262
(3)
Corner lots shall be of sufficient width and depth to comply with the minimum building setback or build-to line requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in this LDC.
7263 7264
(4)
See the provisions related to double frontage lots in Section 3.1.5(D)(3), Double-frontage Lots.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
192
Article 3: DEVELOPMENT STANDARDS
7265
(H)
Panhandle Lots
7266 7267
(1)
Panhandle lots are prohibited except as may be necessary due to topography, configuration of land, existing road layouts or other special circumstances.
7268 7269 7270 7271 7272
(2)
Where panhandle lots are included in a subdivision, such lots shall be exempt from the maximum lot width and lot depth standards of the applicable zoning district and shall, instead, be required to have a minimum lot area of 20,000 square feet (See Section 3.2, Site Development Standards, for setback and other site development requirements related to building placement).
7273 7274 7275
(3)
The stacking of multiple panhandle lots shall be prohibited (See Figure 337).
7276 7277 7278 7279
Figure 3-37: The stacking of multiple panhandle lots is prohibited. (I)
7280 7281 7282
Access from Arterials and Collectors
(1)
Lots shall not, in general, derive access exclusively from an arterial or collector roadway. No lot parallel to an arterial or collector roadway and having a width of less than 200 feet should front on these roadways unless:
7283
(a)
Access is limited to streets other than an arterial or collector;
7284
(b)
Access is provided jointly with other lots; or
7285
(c)
Access is ultimately to be provided from a planned frontage road.
7286 7287 7288 7289 7290 7291
(2)
(J)
Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on arterial or collector roadways. Lots Abutting Water
(1)
City of Northfield, Minnesota DRAFT 1-13-11
If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots. The city may approve an alternative plan Land Development Code
193
Article 3: DEVELOPMENT STANDARDS
7292 7293 7294 7295 7296 7297 7298 7299 7300 7301 7302 7303 7304
whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a city responsibility.
(2)
(K)
(L)
Lots abutting a water body, wetland, drainage way, channel, stream or pond shall be of sufficient width and depth and at the elevation needed to assure that building sites are not subject to flooding. The platting of lots within the floodplain is subject to the FP-O district regulations in Section 2.5.1, Floodplain Overlay District (FP-O), and Section 3.12, Development Standards for the FP-O District. Large Tracts When a parcel of land is subdivided into larger tracts than for building lots, such tracts shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent streets and utilities. Blocks
7305 7306 7307
(1)
A block shall normally be so designed as to provide two tiers of lots, unless it adjoins a railroad, arterial or collector street, lake, wetland, park, stream, or other natural feature, where it may have a single tier of lots.
7308 7309 7310 7311 7312 7313
(2)
Block length and width or acreage within bounding streets shall be sufficient to accommodate the size of lots required by this LDC and to provide for convenient access, circulation control and safety of street traffic. Residential block lengths, measured between street centerlines, shall not exceed 400 feet nor be less than 300 feet, except where topography or a block design feature justifies a departure from that standard.
7314 7315 7316 7317 7318
(3)
Commercial and industrial block lengths shall not exceed 900 feet nor be less than 500 feet, except where topography justifies a departure from that standard. These block lengths shall not apply to areas zoned C1-B district where the maximum block length shall be 330 feet or such length as to reflect the historic block pattern of the area of the city zoned C1-B district.
7319 7320
3.11.3 Streets (A)
General Requirements
7321 7322 7323 7324 7325
(1)
Gated Communities Prohibited "Gated communities" and other residential developments where a gate or other barrier is placed across a road that is designed to appear or that function as walled-off areas disconnected and isolated from the rest of the community, are prohibited.
7326 7327 7328
(2)
Grid Street Network New subdivisions shall be based on a grid or modified grid street system to the maximum extent feasible.
7329 7330 7331 7332 7333
(3)
Street Dedications A street that is not constructed to city standards will not be accepted by the city for dedication as a public street. However, even a street that complies with all applicable city standards may not be accepted for dedication. Acceptance of street dedication is at the discretion of the city council.
7334
(4)
Topography and Arrangement
7335 7336
(a) City of Northfield, Minnesota DRAFT 1-13-11
The arrangement, character, extent, width, and location of all streets shall be considered in relation to existing and planned streets, shall Land Development Code
194
Article 3: DEVELOPMENT STANDARDS
7337 7338 7339 7340 7341 7342 7343 7344 7345 7346 7347 7348
provide for reasonable traffic circulation and traffic calming, and shall be appropriately located in relation to topography, run-off of surface water, convenience and safety, and proposed uses of the land to be served. Wherever possible, the arrangement of streets in new subdivisions shall provide for the continuation of existing and planned streets within and outside the proposed plat. Where adjoining lands are not subdivided, the arrangement of streets shall make provision for the proper projection of streets into adjoining lands by carrying the streets to the boundaries of the plat. The arrangement of streets shall not cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.
7349 7350 7351 7352
(b)
Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for pedestrian circulation, emergency access, and vehicle trips from, to, and within the subdivision, as appropriate.
7353 7354 7355 7356 7357
(c)
In commercial and industrial developments, the streets and other accessways shall be planned in connection with the location of buildings, rail facilities, truck loading and maneuvering areas, and sidewalks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic.
7358 7359 7360 7361
(5)
Grading and Improvement Plan The full width of the street right-of-way shall be graded and improved in conformance with the cityâ&#x20AC;&#x2122;s engineering standard specifications and the construction plans submitted as part of the final plat application.
7362 7363 7364 7365 7366 7367 7368
(6)
Roadway and Access Offsets Roadways or other access points entering upon opposite sides of any given roadway shall have their centerlines located directly opposite each other as far as practical or the centerlines located shall be offset at least 150 feet for local residential streets, and at least 200 feet for all other roadways. Driveways on local streets accessing one, two, or three family residential units are exempt from this requirement.
7369
(7)
Access
7370 7371 7372
(a)
Vehicle access shall be prohibited from a stub street to adjoining lots until such time as the stub street is extended into an adjoining tract, or unless a temporary turn around feature is provided.
7373 7374 7375 7376 7377 7378 7379 7380 7381 7382
(b)
When a proposed plat contains or borders on the right-of-way of an existing or planned principal or minor arterial roadway, the city may require dedication and installation of a street approximately parallel to and on each side of such right-of-way for adequate protection of properties and to afford a separation of local and through traffic. Such streets shall be located at a distance from the major roadway suitable for the appropriate use of any intervening land. Such distance shall also be determined with due regard for the requirements of approach connections, future grade separations, and lot depths.
7383 7384
(c)
The subdivider shall provide access to all lots via local streets. When a proposed plat contains or borders on the right-of-way of a principal
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
195
Article 3: DEVELOPMENT STANDARDS
7385 7386 7387 7388 7389 7390 7391 7392 7393 7394 7395
arterial, vehicle access points shall be restricted in accordance with the city’s comprehensive transportation plan update and the access requirements of the Minnesota Department of Transportation in the relevant counties. When a proposed plat contains or borders on the right-of-way of an arterial or collector roadway, vehicle access points shall be restricted from such roadways. If access onto an arterial or collector is the only option for access and is therefore required, such vehicle access points shall be limited from individual lots onto such streets through the use of shared driveways, consistent with the access management provisions of the city’s comprehensive transportation plan update.
7396
(d)
Driveway access shall comply with Table 3.11-1.
7397 Table 3.11-1: Driveway Access Standards Driveway Dimensions Driveway Access Width
Residential 11 to 22 feet (16 feet is desired)
Minimum Distance Between 20 feet Driveways Minimum Corner Clearance from a 60 feet Collector street NOTE: [1] At the discretion of the city engineer 80 feet shall be the minimum.
Nonresidential 16 feet to 32 feet (32 feet is desired) 20 feet 80 feet [1]
7398 7399 7400
(e)
Access to minor and major collector streets shall be in compliance with Table 3.11-2.
Table 3.11-2: Access Spacing for Collector Roadways in Northfield [1] Type of Access by Land Use Type Major Collector Minor Collector Private Access Not Permitted [2] As Needed [3] Single-Family, Two-Family, Minimum Corner Clearance and Three-Family Dwellings 660 Feet 300 feet from a Collector Street Private Access Not Permitted [2] As Needed [3] Commercial, Industrial, Institutional, and MultiMinimum Corner Clearance 660 Feet 660 feet Family Residential from a Collector Street NOTES: [1] These guidelines apply to city streets only. Rice and Dakota Counties and Mn/DOT have access authority for roadways under their jurisdiction. Please refer to Rice and Dakota Counties’ minimum access spacing guidelines identified in their current transportation plans. [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.
7401 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
196
Article 3: DEVELOPMENT STANDARDS
7402
(8)
Signs, Traffic Signs and Lights, and Street Lights
7403 7404 7405 7406
(a)
Street signs of standard design approved by the city shall be installed at each street intersection or at such other locations within the subdivision as designated by the city engineer, in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD).
7407 7408 7409
(b)
Traffic control signs pursuant to Minn. Stat.ยง169.06, shall be installed at locations within the subdivision as designated by the city engineer.
7410 7411
(c)
Turn lanes and traffic lights shall be installed at the expense of the subdivider when required as a result of the proposed subdivision.
7412 7413 7414 7415 7416 7417 7418 7419
(d)
Street lights shall be installed at all intersections and at other locations, as required by the city engineer. All street lights within new subdivisions shall be on street light poles meeting the standards of the city and shall be equipped with underground electrical service, and shall conform to city lighting standards. The developer shall pay to the city the energy cost for the first two years of operation, or until the dwellings on all lots within the subdivision have been completed, whichever is less.
7420 7421 7422
(9)
7423 7424
(10) Dead-End Streets, Stub Streets, and Cul-de-Sac Streets (Permanent and
Sidewalks and Trails Sidewalks and trails required by Section 3.9, Pedestrian Access and Circulation shall be installed at the time a street is constructed. Temporary)
7425
(a)
Dead-end streets shall be prohibited, except as stub streets.
7426 7427 7428 7429 7430 7431 7432
(b)
Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Barricades shall be installed at the end of stub streets and signage may be provided indicating a future street connection. Stub streets shall not exceed 150 feet in length. Where required by the city engineer a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.
7433 7434 7435 7436 7437 7438
(c)
Permanent cul-de-sac streets are prohibited except as may be installed where necessary due to topography, configuration of land, existing road layouts or other special circumstances. The cul-de-sac shall have a pavement width of 80 feet in diameter and shall not exceed 600 feet in length as measured from the centerline of the nearest intersection to the center point of the cul-de-sac.
7439 7440 7441 7442 7443 7444 7445 7446 7447
(d)
In those instances where a street is terminated pending future extension in conjunction with future platting and its terminus is located 150 feet or more from the nearest intersection, a temporary cul-de-sac with a pavement width of 70 feet in diameter shall be provided at the closed end. Any portion of a temporary cul-de-sac not located within the street right-of-way shall be placed in a temporary roadway easement extending at least ten feet beyond the curb line of the temporary cul-de-sac in all directions. No building permit shall be issued for any properties.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
197
Article 3: DEVELOPMENT STANDARDS
7448
(11) Alleys and Private Streets
7449
(a)
Alleys may be established in the city under the following conditions:
7450
(i)
The alleys are publicly owned and maintained;
7451
(ii)
The alleys are made of concrete;
7452
(iii)
No home shall be oriented to face the alley; and
7453 7454
(iv)
Alleys are permitted as a secondary access when the lots front on an arterial or collector street as identified in Table 3.11-3.
7455 7456
(b) (B)
Private streets are prohibited except in the R4-B district.
Street Design Standards
7457 7458 7459 7460 7461 7462
(1)
In order to provide for streets of suitable location, width, and general improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, all streets shall be subject to the standards of this section.
7463 7464 7465
(2)
Street types shall be regulated by Table 3.11-3 and the design standards established in the Northfield comprehensive transportation plan update as shown in Appendix A.
7466 7467 7468 7469 7470 7471 7472 7473 7474 7475 7476 7477
(3)
Street Surfacing and Improvements After the subdivider has installed sewer and water, the subdivider shall construct poured-in-place concrete curbs and gutters and shall surface streets to the width prescribed in this section. Types of pavement shall be as prescribed in the cityâ&#x20AC;&#x2122;s engineering standard specifications. Adequate provision shall be made for culverts, drains and bridges. The portion of the right-of-way outside the area surfaced shall be sodded. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the cityâ&#x20AC;&#x2122;s engineering standard specifications and shall be incorporated into the construction plans required to be submitted by the subdivider for final plat approval.
7478
(4)
Grading
7479 7480
(a)
Streets shall be graded with at least 0.5 percent slope to maintain drainage.
7481 7482
(b)
Arterial and collector streets shall have a maximum grade of five percent.
7483 7484
(c)
All other streets shall have a maximum slope of seven percent, or as determined by the city engineer.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
198
7485 7486
Table 3.11-3: Street Types and Requirements
7487 City of Northfield, Minnesota DRAFT 1-28-10
Land Development Code
199
7488 7489 7490 7491 7492 7493 7494 7495 7496 7497 7498 7499 7500 7501 7502 7503 7504 7505 7506 7507 7508 7509 7510 7511
3.11.4 Sewer, Water, and Other Utilities
7512 7513 7514 7515 7516 7517 7518 7519 7520 7521 7522
3.11.5 Surface Water, Drainage, Water Quality, and Erosion Control
7523 7524 7525 7526 7527 7528 7529
(A)
(B)
(C) (D)
(E)
(F) (A)
(B)
(C)
The subdivider shall install adequate sewer and water facilities (including fire hydrants) subject to the specifications in the city’s engineering standard specifications, and the Recommended Standards for Water Works and the Recommended Standards for Wastewater Facilities (known collectively as the “ten-state standards”). The subdivider shall install sanitary sewer, water mains and service connections, stubbed to the lot line, meeting the minimum size requirements of the city and provided to all lots in the subdivision. Where a subdivider is required to install sanitary sewer or water mains that are larger than the minimum size as required by the city, the subdivider will be compensated by the city for the cost differential for material only for the cost of the minimum size sanitary sewer or water compared to the cost of the larger mains installed. The subdivider shall extend sewer and water mains to the lot lines of abutting sites that do not have public water service. All utility facilities, including but not limited to telephone, category 5 cable, natural gas and electric power, shall be located underground. Whenever existing utility facilities are located above ground, except when existing on public roads and right-of-way, they shall be removed and placed underground. Five foot utility easements shall be required along the front lot line of each lot, measured from the lot lines. Such easements shall have continuity for alignment from block to block. Such easements shall also be provided at deflection points for pole-line anchors where necessary. Easements shall be dedicated on the plat instrument for the required use. The subdivider shall demonstrate that the runoff generated by the proposed subdivision is properly treated on or off site for phosphorus, total suspended solid levels, and other potential contaminants consistent with the requirements of the city’s surface water management plan and chapter 22, article VI of Northfield Municipal Code. If the city’s surface water management plan designates a regional pond within the boundaries of the proposed subdivision, the subdivider shall provide the city with drainage and utility easements for the regional pond. The subdivider shall construct the pond in conjunction with development of the subdivision. Nature of Surface Water Facilities
(1)
City of Northfield, Minnesota DRAFT 11-24-10
Location The city may require the subdivider to carry away by pipe any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-ofway where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance the city’s engineering standard specifications.
Land Development Code
200
Article 3: DEVELOPMENT STANDARDS
7530 7531 7532 7533 7534
(2)
Accommodation of Upstream Drainage Areas A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area in accordance with the city’s surface water management standards in Chapter 22, Article VI – Surface Water Management.
7535 7536 7537 7538
(3)
Effect on Downstream Drainage Areas The city’s surface water management plan, together with such other studies as shall be appropriate, shall serve as a standard to needed improvements in downstream drainage facilities outside the subdivision.
7539 7540 7541
(a)
The subdivider shall mitigate increased runoff due to development in accordance with the city’s surface water management plan.
7542 7543 7544 7545 7546
(b)
Where it is anticipated that the additional runoff attributable to the development of the subdivision will overload any existing downstream drainage facility, the city may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility.
7547 7548 7549 7550 7551 7552 7553 7554
(4)
(D)
Floodplain Areas The city may, when it deems it necessary for the health, safety or welfare of the present or future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of a property that lies within the floodplain of any stream or drainage course in accordance with the provisions of this LDC.
Dedication of Drainage Easements
7555 7556 7557 7558 7559 7560 7561 7562
(1)
Where a watercourse, drainage way, channel or stream traverses a subdivision, the subdivider shall provide a surface water easement, or park dedication, whichever the city may deem more appropriate. This easement or dedication shall conform substantially with the lines of such water courses, together with such further width for construction and maintenance, or both, as will be adequate for the surface water drainage of the area. The city engineer shall determine the width of such easements or dedication areas.
7563
(2)
Drainage Easements
7564 7565 7566 7567 7568 7569 7570 7571
(a)
Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rightsof-way, the subdivider shall provide perpetual, unobstructed easements at least 20 feet in width for drainage facilities across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.
7572 7573 7574
(b)
When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
201
Article 3: DEVELOPMENT STANDARDS
7575 7576 7577 7578
(c)
The subdivider shall dedicate by a drainage easement, land on each side of the centerline of any wetland, body of water, watercourse or drainage channel, whether or not shown on the cityâ&#x20AC;&#x2122;s comprehensive plan, to a sufficient width to:
7579
(i)
Provide proper protection for water quality;
7580
(ii)
Provide retention of surface water runoff; and
7581
(iii)
Provide for the installation and maintenance of storm sewers.
7582 7583 7584 7585 7586 7587 7588 7589 7590 7591 7592 7593
3.11.6 Park, Trails, and Open Space Dedication (A)
Purpose These requirements are established for the purpose of providing for the recreation, health, safety and welfare of the public through the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the city. The city council finds that there is a rationale nexus between the demands created by the subdivision and related development of land and the need for parks, trails, and open space facilities. Further, the city council herein establishes requirements for the dedication and or development of park land, trail improvements, and open space land that is roughly proportionate to the demands created by the subdivision and development of land resulting from such subdivision approval.
7594 7595 7596 7597 7598
(B)
Authority It is found and declared that, pursuant to Minn. Stat. §462.358, subd. 2b, it is reasonable to require dedication of an amount of land equal in value to that percentage of the undeveloped land set forth in Section 3.11.6(D), Land Dedication Required.
7599 7600 7601 7602 7603
(C)
Waiver of Requirements Upon a request by the developer, the city council, in its discretion, may waive or reduce the requirements of this section for development in the C1-B (downtown), C2-B (corridor development) or ED-F (economic development) districts where the city council finds:
7604 7605 7606
(1)
That the vitality resulting from development or redevelopment occurring in areas zoned C1-B district is of greater benefit to the city in comparison to park, trail and open space improvements;
7607 7608 7609 7610
(2)
That development in areas zoned ED-F district which results in significant increases in tax revenues to the city or significantly increases employment opportunities is of greater benefit to the city in comparison to park, trail, or open space improvements;
7611 7612 7613 7614
(3)
That development in areas zoned N1-B district which allows for the construction of affordable housing units of a type, price, or amount that is determined to be of greater benefit to the city in comparison to park, trail, or open space improvements; or
7615 7616 7617
(4)
7618 7619
(D)
City-assisted development or redevelopment projects that achieve public objectives. Land Dedication Required
(1)
City of Northfield, Minnesota DRAFT 1-13-11
In every plat, replat, or subdivision of land allowing development for residential, commercial, industrial, or other uses or any combination Land Development Code
202
Article 3: DEVELOPMENT STANDARDS
7620 7621 7622 7623 7624
thereof or where a waiver of platting is granted, but excluding adjacent parcel land conveyance (See Section 5.5.10, Adjacent Parcel Land Conveyance) that do not create additional lots, a reasonable portion of such land shall be set aside and dedicated by the owner or developer to the general public for parks, trails or public open space.
7625 7626
(2)
7627 7628 7629 7630 7631 7632 7633
(3)
(E)
Such dedication shall be in an amount based on the schedule of dedication requirements adopted by city council and maintained outside of this LDC. Dedication or Cash-in-Lieu of Requirements The amount of land or cash-in-lieu of fees required shall be based upon the approved fee schedule adopted by the city council and maintained outside of this LDC.
7634
(F)
Land Suitability Requirement
This dedication shall be in addition to the land dedicated for streets, alleys, stormwater ponds or other public purposes.
7635 7636 7637
(1)
Land dedicated for park, trail, and open space shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served.
7638 7639
(2)
Factors used in evaluating the adequacy of a proposed park, trail, or open space dedication shall include:
7640 7641
(a)
Future park needs pursuant to the Parks, Open Space, and Trail Systems Plan;
7642
(b)
Size;
7643
(c)
Shape;
7644
(d)
Topography;
7645
(e)
Geology;
7646
(f)
Hydrology;
7647
(g)
Tree Cover; and
7648
(h)
Access and location.
7649 7650
(3)
Park, trail, or open space land to be dedicated shall be above the ordinary high water mark of any lake, river or stream.
7651 7652 7653
(4)
Areas of slope exceeding 12 percent shall be deemed unsuitable for dedication and not included as part of areas to meet the dedication requirements.
7654 7655
(5)
Land with trash, junk, pollutants, and/or unwanted structures are not suitable.
7656 7657 7658
(6)
The city shall not be required to accept land which will not be useable for parks, trails or open space or which would require extensive expenditures on the part of the city.
7659 7660 7661
(7)
All land dedicated for parks, trails, and/or open space shall be designed to incorporate natural features such as rivers, streams, wildlife habitats, woodlands, and ponding areas.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
203
Article 3: DEVELOPMENT STANDARDS
7662 7663 7664 7665 7666 7667 7668 7669 7670
(G)
Conformance with the Comprehensive Plan Land dedicated under this division shall reasonably conform to the city's comprehensive plan and Parks, Open Space, and Trail System Plan. If the comprehensive plan or Parks, Open Space and Trail Systems Plan for the parcel of land to be subdivided calls for public property in excess of that required by Section 3.11.6(D), Land Dedication Required, the city council shall, before approval or disapproval of the plat, determine whether to take the necessary steps to acquire, by purchase or condemnation, all or part of the additional public property.
7671 7672 7673 7674 7675 7676 7677 7678 7679 7680
(H)
More Dedication If the city requires park, trails or open space dedication in excess of the amount of land required by Section 3.11.6(D), Land Dedication Required, the city shall pay to the developer the fair market value of the land in excess of the percentage of land required to be dedicated. The fair market value of the excess land shall be determined based on an amount equal to 125 percent of the most recent total market value, or similar total land and building value, as established by the applicable county assessor. Such amount shall be due at the time of final plat approval that would otherwise be dedicated for park, trail and open space under this section.
7681 7682 7683 7684 7685 7686 7687 7688
(I)
Dedication Process Prior to the dedication of the required property pursuant to this division, the developer shall provide the city evidence of title in a form acceptable to the city attorney or a title insurance policy insuring the city's interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the city.
7689 7690 7691 7692 7693 7694
(J)
Trail Construction When the city's comprehensive plan or parks system master plan identifies a trail to be constructed in the land to be subdivided, the developer shall be required to pay for the construction of the trail improvements. The construction specifications of trails shall be determined by the city engineer and whenever possible, trails shall connect with existing trails and/or sidewalks.
7695 7696 7697 7698 7699 7700
(K)
Credit for Private Open Space Where a private open space for park, recreation or trail purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to 25 percent of the requirements of Section 3.11.6(D), Land Dedication Required, may be given, provided that the following conditions are met:
7701 7702
(1)
Such land area is not occupied by non-recreational buildings and is available for the use of all residents of the proposed subdivision.
7703 7704
(2)
Required setbacks shall not be included in the computation of such private open space.
7705 7706 7707 7708
(3)
The use of the private open space is restricted for park, recreational and trail purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be eliminated without the consent of the city.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
204
Article 3: DEVELOPMENT STANDARDS
7709 7710 7711 7712
(4)
7713 7714 7715 7716 7717
(5)
7718 7719 7720
(L)
(M)
The proposed private open space is of an appropriate size, shape, location, topography and usability for park, recreational and trail purposes or contains unique natural features that are important to be preserved.
The proposed private open space reduces the demand for public recreational facilities to serve the development. Park Tree Requirements The subdivider or developer shall preserve all existing trees in accordance with Section 3.6.6, Tree and Woodland Preservation. Other Conditions Prior to Deeding Prior to dedicating land for park, trails, or open space, the land shall meet the following conditions:
7721 7722
(1)
Grading in the park shall conform to the grading plan as approved by the city engineer.
7723 7724
(2)
Rocks that are four inches or greater in diameter shall have been removed from the land.
7725 7726 7727
(3)
A minimum of four inches of black soil shall have been provided by the developer dependent on subsoil material as determined by the city engineer
7728 7729 7730 7731 7732 7733 7734 7735 7736
(4)
7737 7738 7739 7740
(N)
(O)
Grass shall have been seeded in the amount of 50-75 percent Kentucky bluegrass and 25-50 percent perennial ryegrass, or other quick establishing crop to prevent soil erosion. Infrastructure The applicant may bring utilities a reasonable distance inside the property line of the future park, as determined by the city engineer, and shall cap them at no cost to the city. Utilities shall include gas, storm sewer, water, electricity and sanitary sewer. The location where such utilities are to be brought into the future park shall be determined by the city engineer. Access All land dedicated for parks shall have at least 50 feet of street frontage on at least one side. All trails shall have at least 20 feet of access where the trail connects to a street or sidewalk.
7741
3.12 Development Standards for the FP-O District
7742 7743 7744 7745 7746
3.12.1 Applicability
7747 7748 7749 7750
3.12.2 General Provisions
This section shall apply to all lands within the jurisdiction of Northfield shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain subdistricts (designated as the FP-O district on the official zoning map). (A)
The following are incorporated herein, by reference, for the purpose of administering this section. The official zoning map is incorporated herein by reference and shall be on file in the office of the city clerk and the city planner.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
205
Article 3: DEVELOPMENT STANDARDS
7751 7752
(1)
The Flood Insurance Study for Northfield, prepared by the Federal Emergency Management Agency (FEMA), dated April 2, 2003;
7753 7754
(2)
The flood insurance rate maps with panel numbers 270646 0150 B and 270646 0100 B for Rice County, both dated February 4, 1981;
7755 7756 7757
(3)
The flood insurance rate maps with panel numbers 270406 0004 C, 270406 0007 C, 270406 0008 C, 270406 0009 C, and 270406 0012 C for the city of Northfield, all dated April 2, 2003; and
7758 7759 7760 7761 7762 7763 7764 7765 7766 7767
(4)
7768 7769 7770 7771 7772 7773 7774 7775 7776 7777 7778 7779 7780 7781 7782 7783 7784 7785 7786 7787 7788 7789 7790 7791 7792 7793 7794
(B)
The Letter of Map Revision (LOMR) for the City of Northfield from the Federal Emergency Management Agency (FEMA) with an effective date of February 22, 2006, including all revised flood insurance rate map panels, flood profiles, tables, and floodway data tables therein. All future LOMR and Letter of Map Changes (LOMC) are incorporated herein by reference. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
3.12.3 Interpretation (A)
(B)
(C)
(D)
In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The boundaries of the subdistricts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the city planner, the zoning board of appeals shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial flood plain ordinance, and other available technical data. Persons contesting the location of the subdistrict boundaries shall be given a reasonable opportunity to present their case to the zoning board of appeals and to submit technical evidence. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are superseded by this section for flood plain management. This section does not imply that areas outside the floodplain districts or land uses permitted within such subdistricts will be free from flooding or flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
206
Article 3: DEVELOPMENT STANDARDS
7795 7796
3.12.4 Development Standards for the Floodway Subdistrict (FW) (A)
Permitted Uses
7797 7798 7799
(1)
Permitted uses shall include fences, parks, loading areas, parking areas, lawns, gardens, play areas, trails, and buried utility transmission lines, subject to the additional standards in this section.
7800 7801
(2)
All other uses, including those permitted or conditionally permitted in underlying base zoning districts, shall be prohibited.
7802 7803 7804
(3)
Standards for floodway permitted uses shall be as follows and as determined by engineering studies required by the city as part of the application:
7805
(a)
The use shall have a low flood damage potential.
7806
(b)
The use shall be permissible in the underlying zoning district.
7807 7808 7809
(c)
The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
7810 7811 7812 7813
(B)
Conditional Uses Conditional uses shall include accessory structures, placement of fill, excavation, and/or storage of materials or equipment related to the permitted uses in Section 3.12.4(A), Permitted Uses, above and the uses listed below:
7814 7815 7816 7817 7818
(1)
Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten year frequency flood event.
7819
(2)
Storage yards for equipment, machinery, and materials.
7820 7821
(3)
Railroad, streets, bridges, pipelines, and above grade utility transmission lines.
7822 7823
(4)
(C)
Recreational vehicles on individual lots of record. Standards for Conditional Uses in the Floodway Subdistrict
7824 7825 7826 7827 7828
(1)
No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
7829 7830 7831
(2)
All floodway conditional uses shall be subject to the procedures and standards contained in this Section 3.12, Development Standards for the FP-O District, and Section 5.5.9, Conditional Use Permit.
7832
(3)
The conditional use shall be permissible in the underlying zoning district.
7833 7834 7835
(4)
Fill and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method.
7836
(5)
Accessory Structures
7837
(a) City of Northfield, Minnesota DRAFT 1-13-11
Accessory structures shall not be designed for human habitation. Land Development Code
207
Article 3: DEVELOPMENT STANDARDS
7838 7839 7840
(b)
Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:
7841 7842
(i)
Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
7843 7844
(ii)
So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
7845 7846 7847 7848 7849 7850 7851 7852 7853 7854 7855
(c)
Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the state building code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards:
7856 7857 7858 7859
(i)
The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and
7860 7861 7862
(ii)
Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and
7863 7864 7865 7866 7867 7868 7869 7870 7871 7872
(iii)
To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
7873
(6)
Storage of Materials and Equipment
7874 7875 7876
(a)
The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
7877 7878 7879
(b)
Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city.
7880 7881 7882 7883 7884
(7)
City of Northfield, Minnesota DRAFT 1-13-11
Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of Minn. Stat., Chapter 103G. Citywide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway.
Land Development Code
208
Article 3: DEVELOPMENT STANDARDS
7885 7886 7887 7888 7889 7890 7891 7892 7893 7894 7895
(8)
A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
3.12.5 Development Standards for the Flood Fringe Subdistrict (FF) (A)
Permitted Uses Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying base zoning district. All permitted uses shall comply with the standards for flood fringe subdistrict "permitted uses" listed in paragraph (B) below and the "standards for all flood fringe uses" listed in Section 3.12.5(E), Standards for All Flood Fringe Uses.
(B)
Standards for flood fringe permitted uses shall be as follows:
7896 7897 7898 7899 7900 7901
(1)
All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regional flood elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.
7902 7903 7904 7905
(2)
As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Section 3.12.4(C)(5)(c).
7906 7907
(3)
The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
7908 7909 7910 7911 7912 7913 7914 7915 7916 7917
(4)
7918 7919 7920 7921 7922 7923 7924 7925 7926 7927 7928 7929
(C)
(D)
The provisions of Section 3.12.5(E), Standards for All Flood Fringe Uses. Conditional Uses Any structure that is not elevated on fill or flood proofed in accordance with Section 3.12.5(B)(1) and Section 3.12.5(B)(2) or any use of land that does not comply with the standards in Section 3.12.5(B)(3) shall only be allowable as a conditional use, including those uses that are permitted as of right in the underlying base zoning district. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in paragraph (D) below and Section 5.5.9, Conditional Use Permit. Standards for Flood Fringe Conditional Uses:
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:
Land Development Code
209
Article 3: DEVELOPMENT STANDARDS
7930 7931 7932 7933 7934 7935 7936 7937 7938
(a)
The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
7939 7940 7941
(b)
Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
7942 7943 7944 7945 7946 7947 7948 7949 7950 7951 7952 7953
(i)
A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and
7954 7955 7956 7957
(ii)
That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state building code and shall be used solely for building access, parking of vehicles or storage.
7958 7959
(2)
Basements, as defined by Article 6: Definitions, of this LDC, shall be subject to the following:
7960 7961
(a)
Residential basement construction shall not be allowed below the regulatory flood protection elevation.
7962 7963 7964
(b)
Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 3.12.5(D)(3) below.
7965 7966 7967 7968 7969 7970 7971 7972 7973 7974
(3)
All areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the state building code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the state building code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted.
7975
(4)
Storage of materials and equipment:
7976 7977 7978
(a)
City of Northfield, Minnesota DRAFT 1-13-11
The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Land Development Code
210
Article 3: DEVELOPMENT STANDARDS
7979 7980 7981 7982 7983 7984 7985
(b)
Storage of other materials or equipment may be allowed if readily removable from the area within the time available after flood warning and in accordance with a plan approved by the city.
(5) (E)
The provisions of Section 3.12.5(E), Standards for All Flood Fringe Uses shall also apply. Standards for All Flood Fringe Uses The following standards shall apply to all uses in the flood fringe subdistrict:
7986 7987 7988 7989 7990 7991 7992
(1)
New Principle Structures All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the zoning board of appeals must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
7993 7994 7995 7996 7997 7998 7999 8000 8001
(2)
Commercial Uses Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a flood development permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood.
8002 8003 8004 8005 8006 8007 8008 8009
(3)
Manufacturing and Industrial Uses Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in paragraph (2) above. In considering flood development permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas.
8010 8011 8012 8013 8014 8015 8016 8017 8018 8019 8020
(4)
Fill Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100year flood elevation--FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
8021
(5)
Flood Plain Developments
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
211
Article 3: DEVELOPMENT STANDARDS
8022 8023 8024 8025
Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.
8026 8027 8028 8029
(6)
Recreational Vehicles Standards for recreational vehicles are contained in Section 3.12.9, Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles.
8030 8031 8032 8033 8034 8035 8036
(7)
Manufactured Homes All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
8037 8038 8039 8040
3.12.6 Development Standards for the General Flood Plain Subdistrict (A)
Permitted Uses Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s).
8041 8042
(1)
8043 8044 8045 8046 8047 8048 8049 8050
(2)
8051 8052 8053 8054 8055 8056
(B)
The uses listed in Section 3.12.4(A), Permitted Uses shall be permitted uses.
All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 3.12.6(B) below. Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), shall apply if the proposed use is in the floodway subdistrict and Section 3.12.5, Development Standards for the Flood Fringe Subdistgrict (FF), shall apply if the proposed use is in the flood fringe subdistrict. Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District
(1)
Upon receipt of an application for a flood development permit or other approval within the general flood plain subdistrict, the applicant shall be required to furnish such of the following information as is deemed necessary by the city planner for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe subdistrict:
8057 8058 8059 8060
(a)
A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.
8061 8062 8063 8064
(b)
Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.
8065 8066
(c)
Photographs showing existing land uses, vegetation upstream and downstream, and soil types.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
212
Article 3: DEVELOPMENT STANDARDS
8067 8068 8069
(d)
Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
8070 8071
(e)
A conditional letter of map revision (CLOMR) from FEMA and a flood plain map that result in FEMA approval.
8072 8073 8074 8075 8076 8077 8078 8079 8080 8081 8082
(2)
The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000--6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall:
8083
(a)
Estimate the peak discharge of the regional flood.
8084 8085 8086
(b)
Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.
8087 8088 8089 8090 8091 8092 8093
(c)
Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
8094 8095 8096 8097 8098 8099 8100 8101 8102 8103 8104 8105 8106 8107 8108 8109 8110
(3)
The city planner shall present the technical evaluation and findings of the designated engineer or expert to the council, who must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the flood development permit application. The city council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency (FEMA), the Department of Natural Resources (DNR) or the planning commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the city council shall refer the matter back to the city planner who shall process the flood development permit application consistent with the applicable provisions of Section 3.12.4, Development Standards for the Floodway Subdistrict (FW) and Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF) of this LDC.
3.12.7 Subdivision Requirements in the FP-O District The following provisions shall apply to all subdivisions in the FP-O district in addition to the requirements of the city's subdivision regulations as established in this LDC:
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
213
Article 3: DEVELOPMENT STANDARDS
8111 8112 8113 8114 8115 8116 8117 8118 8119 8120 8121 8122
(A)
Review Criteria No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
8123 8124 8125 8126 8127 8128
(B)
Floodway/Flood Fringe Determinations in the General Flood Plain District In the general flood plain district, applicants shall provide the information required in Section 3.12.6(B), Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District, to determine the 100year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site.
8129 8130 8131 8132 8133 8134 8135 8136
(C)
Removal of Special Flood Hazard Area Designation The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
8137 8138
(D)
The provisions of this section are in addition to the requirements of the cityâ&#x20AC;&#x2122;s subdivision regulations of the Northfield Municipal Code.
8139 8140 8141 8142 8143 8144 8145 8146 8147 8148 8149 8150 8151 8152 8153
3.12.8 Public Utilities, Railroads, Roads, and Bridges (A)
(B)
All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the state building code or elevated to above the regulatory flood protection elevation. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), and Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), of this LDC. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
214
Article 3: DEVELOPMENT STANDARDS
8154 8155 8156 8157 8158 8159 8160 8161 8162 8163 8164 8165 8166 8167 8168 8169 8170 8171 8172 8173 8174 8175 8176 8177 8178
3.12.9 Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles (A)
(B)
(C)
(D)
New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 3.12.7, Subdivision Requirements in the FP-O District. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF). If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 3.12.5(E)(1), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-thetop or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Recreational vehicles that do not meet the exemption criteria specified in paragraph (1) below shall be subject to the provisions of this section and as specifically spelled out in paragraphs (3) and (4) below.
(1)
Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in Section 3.12.9(D)(2) below and further they meet the following criteria:
8179
(a)
Have current licenses required for highway use;
8180 8181 8182 8183 8184
(b)
Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it; and
8185 8186
(c)
The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
8187
(2)
Areas exempted for placement of recreational vehicles include:
8188
(a)
Individual lots or parcels of record.
8189
(b)
Existing commercial recreational vehicle parks or campgrounds.
8190
(c)
Existing condominium type associations.
8191 8192 8193 8194 8195 8196 8197 8198 8199
(3)
City of Northfield, Minnesota DRAFT 1-13-11
Recreational vehicles exempted in Section 3.12.9(D)(2) lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Section 3.12.4, Development Standards for the Floodway Subdistrict (FW) and Section 3.12.5, Development Standards for the Flood Fringe Land Development Code
215
Article 3: DEVELOPMENT STANDARDS
8200 8201 8202
Subdistrict (FF). There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur.
8203 8204 8205 8206
(4)
New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:
8207 8208 8209 8210 8211 8212 8213
(a)
Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 3.12.5(E)(1). No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
8214 8215 8216 8217 8218 8219 8220 8221 8222 8223 8224
(b)
All new or replacement recreational vehicles not meeting the criteria of (1) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Section 3.12.10(D), Conditional Uses. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Sections 3.12.9(D)(1)(a) and 3.12.9(D)(1)(b) will be met.
8225 8226 8227 8228 8229 8230 8231
3.12.10 Administration (A)
(B)
The city planner shall administer and enforce the provisions of this section. If the city planner finds a violation of the provisions of this section, the city planner shall notify the person responsible for such violation in accordance with the procedures stated in Section 3.12.13, Penalties for Violation of these Standards. Permit Requirements
8232 8233 8234 8235 8236 8237 8238 8239 8240 8241
(1)
Permit required. A flood development permit issued by the city planner in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, or fence; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain.
8242 8243 8244 8245 8246 8247 8248
(2)
Application for permit. An application for a flood development permit shall be made in duplicate to the city planner on forms furnished by the city planner and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
216
Article 3: DEVELOPMENT STANDARDS
8249 8250 8251 8252
(3)
State and Federal Permits. Prior to granting a certificate of zoning compliance or processing an application for a conditional use permit or variance, the city planner shall determine that the applicant has obtained all necessary state and federal permits.
8253 8254 8255 8256 8257 8258 8259
(4)
Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance is issued by the city planner stating that the use of the building or land conforms to the requirements of this section.
8260 8261 8262 8263 8264 8265 8266 8267 8268
(5)
Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided by Section 4.8, Enforcement and Penalties.
8269 8270 8271 8272 8273 8274
(6)
Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Flood proofing measures shall be certified by a registered professional engineer or registered architect.
8275 8276 8277 8278 8279 8280
(7)
Record of First Floor Elevation. The city planner shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The city planner shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.
8281 8282 8283 8284 8285 8286 8287 8288 8289 8290
(8)
Notifications for Watercourse Alterations. The city planner shall notify, in watercourse alteration situations, adjacent communities (municipalities, townships, and counties) and the commissioner of natural resources in writing prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Statute, Chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
8291 8292 8293 8294 8295
(9)
Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the city planner shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
217
Article 3: DEVELOPMENT STANDARDS
8296
(C)
8297 8298 8299 8300 8301
Zoning Board of Appeals
(1)
Variances should be reviewed according to the provisions of Section 5.5.16, Variance. No variance shall permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the FEMA must be satisfied:
8302 8303 8304
(a)
Variances shall not be issued by the city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
8305
(b)
Variances shall only be issued by the city upon:
8306
(i)
A showing of good and sufficient cause;
8307 8308
(ii)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
8309 8310 8311 8312 8313
(iii)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
8314 8315 8316
(c)
8317
(2)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
The city planner shall notify the applicant for a variance that:
8318 8319 8320 8321
(a)
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
8322 8323 8324 8325 8326 8327 8328
(b)
Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.
8329 8330 8331 8332 8333 8334 8335 8336 8337 8338 8339 8340 8341
(D)
Conditional Uses The city council shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the city planner who shall forward the application to the planning commission for a public hearing pursuant to the conditional use permit review procedure established in Section 5.5.9, Conditional Use Permit.
(1)
City of Northfield, Minnesota DRAFT 1-13-11
In granting a conditional use permit the city council may prescribe appropriate conditions and safeguards, in addition to those specified in this section that are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section, punishable under Section 4.8, Enforcement and Penalties. Land Development Code
218
Article 3: DEVELOPMENT STANDARDS
8342 8343 8344
(2)
A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten days of such action.
8345 8346
(3)
Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts:
8347 8348 8349
(a)
Require the applicant to furnish the following information and additional information as deemed necessary for determining the suitability of the particular site for the proposed use:
8350 8351 8352 8353 8354
(i)
Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and
8355 8356 8357
(ii)
Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
8358 8359 8360 8361 8362 8363
(b)
Transmit one copy of the information described in paragraph (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.
8364 8365 8366 8367
(c)
Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
8368 8369 8370
(4)
In passing upon conditional use permit applications, the city council shall consider all relevant factors specified in this section, the standards of Section 5.5.9(C), Conditional Use Permit, and:
8371 8372
(a)
The danger to life and property due to increased flood heights or velocities caused by encroachments.
8373 8374 8375
(b)
The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
8376 8377 8378
(c)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
8379 8380 8381
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
8382 8383
(e)
The importance of the services provided by the proposed facility to the city.
8384
(f)
The requirements of the facility for a waterfront location.
8385 8386
(g)
The availability of alternative locations not subject to flooding for the proposed use.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
219
Article 3: DEVELOPMENT STANDARDS
8387 8388
(h)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
8389 8390
(i)
The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
8391 8392
(j)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
8393 8394
(k)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
8395 8396
(l)
Such other factors which are relevant to the purposes of this section.
8397 8398 8399 8400 8401
(5)
Upon consideration of the factors listed above and the purpose of this section, the planning commission shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:
8402
(a)
Modification of waste treatment and water supply facilities.
8403
(b)
Limitations on period of use, occupancy, and operation.
8404
(c)
Imposition of operational controls, sureties, and deed restrictions.
8405 8406 8407
(d)
Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
8408 8409 8410 8411 8412 8413
(e)
Flood proofing measures, in accordance with the state building code and this section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
8414 8415 8416 8417 8418 8419 8420 8421 8422 8423 8424 8425 8426 8427 8428 8429 8430 8431
3.12.11 Nonconforming Uses A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in the Code of Federal Regulations, Part 59.1, shall be subject to the provisions of paragraphs (A) through (E) below. (A) (B)
(C)
No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing classifications) allowable in the state building code, except as further restricted in Sections (C) and (F) below. The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
220
Article 3: DEVELOPMENT STANDARDS
8432 8433 8434 8435 8436 8437 8438 8439 8440 8441 8442 8443 8444 8445 8446 8447 8448 8449 8450 8451 8452 8453 8454 8455 8456 8457 8458 8459 8460 8461 8462 8463
(D)
(E)
(F)
city's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), or Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively. If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The assessor shall notify the city planner in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. If any nonconforming use or structure is substantially damaged (See definition in Article 6: Definitions), it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), or Section 3.12.6, Development Standards for the General Flood Plain Subdistrict, will apply depending upon whether the use or structure is in the floodway, flood fringe or general flood plain subdistrict, respectively. If a substantial improvement occurs (See definition in Article 6: Definitions) from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by paragraph (B) above and the existing nonconforming building must meet the requirements of Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), or Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
8464 8465 8466 8467 8468
3.12.12 Annexations
8469 8470 8471 8472 8473 8474 8475 8476
3.12.13 Penalties for Violation of These Standards
8477 8478 8479
Flood plain land that will be annexed into Northfield shall be subject to the provisions of this section upon annexation. Determination of the floodway and flood fringe within the general flood plain shall be made as provided in Section 3.12.6(B), Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District. (A)
(B)
Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by this LDC and the law. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to:
(1)
City of Northfield, Minnesota DRAFT 1-13-11
In responding to a suspected ordinance violation, the city planner may utilize the full array of enforcement actions available including but not limited to prosecution and fines, injunctions, after-the-fact permits, Land Development Code
221
Article 3: DEVELOPMENT STANDARDS
8480 8481 8482 8483 8484
orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
8485 8486 8487 8488 8489 8490 8491 8492
(2)
When an ordinance violation is either discovered by or brought to the attention of the city planner, the city planner shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency (FEMA) Regional Office along with the city's plan of action to correct the violation to the degree possible.
8493 8494 8495 8496 8497 8498 8499 8500
(3)
The city planner shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the city planner may order the construction or development immediately halted until a proper flood development permit or approval is granted by the city, or may order it removed if permits are denied. If the construction or development is already completed, then the city planner may either:
8501 8502 8503
(a)
Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls;
8504 8505 8506
(b)
Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days; or
8507
(c)
Order it removed
8508 8509 8510 8511 8512 8513
(4)
If the responsible party does not appropriately respond to the city planner within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The city planner shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this section.
8514
3.13 Development Standards for the WS-O District
8515 8516
3.13.1 Site Development Standards
8517 8518 8519 8520
Lot area, width, setbacks and height regulations are as follows: (A)
River land use district in the city except Section 11 and the south side of the river to the southern boundary of Babcock Park and the shoreland of all general development waters:
(1)
Minimum shoreland and building lot line width:
8521
(a)
Without public sewer: 100 feet.
8522
(b)
With public sewer: 75 feet.
8523
(2) City of Northfield, Minnesota DRAFT 1-13-11
Minimum building setback from ordinary high water mark: Land Development Code
222
Article 3: DEVELOPMENT STANDARDS
8524
(a)
Without public sewer: 75 feet.
8525
(b)
With public sewer: 50 feet.
8526 8527 8528 8529
(3)
8530 8531 8532 8533 8534 8535 8536 8537 8538 8539 8540
(4)
(B)
8541
Maximum building height: 35 feet, except buildings used primarily for agricultural purposes and buildings within the boundaries of the C1-B district where the maximum height shall be that of the underlying base zoning district.
The maximum total lot area covered by impervious surface shall be 30 percent. This requirement applies only to the portion of the lot within the WS-O district, and this requirement does not apply within the boundaries of the central business district as defined in the comprehensive plan including the wild and scenic district downstream of the Highway #3 bridge and upstream of the intersection of St. Olaf Avenue with the Cannon River if development plans incorporate any reasonable methods to decrease sediment and pollutants from the runoff from the impervious surfaces. Section 11 and the south side of the river to the southern boundary of Babcock Park and the shoreland of all natural environment waters:
(1)
Minimum shoreline and building lot line width:
8542
(a)
Without public sewer: 200 feet.
8543
(b)
With public sewer: 125 feet.
8544
(2)
Minimum building setback from ordinary high water mark:
8545
(a)
Without public sewer: 200 feet.
8546
(b)
With public sewer: 150 feet.
8547 8548 8549
(3)
Maximum building height: 35 feet, except buildings used primarily for agricultural purposes where the maximum height shall be that of the underlying base zoning district.
8550 8551 8552
(4)
The maximum total lot area covered by impervious surface shall be 30 percent. This requirement applies only to the portion of the lot within the WS-O district.
8553 8554 8555 8556 8557
(5)
8558 8559 8560 8561 8562 8563 8564 8565
(C)
Septic tank and drainfield system setback from the ordinary high water mark: 150 feet. Where development exists on both sides of a proposed building site in the WSO district, structural setbacks may be altered to be equal to the average of the setbacks of the development on both sides of the proposed building.
3.13.2 Vegetative Cutting Cutting of vegetation in the WS-O district shall be subject to the following: (A)
Natural vegetation in shoreland areas shall be preserved insofar as practicable and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. The removal of natural vegetation shall be controlled by this section in accordance with the following criteria:
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Clearcutting shall be prohibited, except as necessary for placing public roads, utilities, structures and parking areas.
Land Development Code
223
Article 3: DEVELOPMENT STANDARDS
8566 8567
(2)
8568 8569 8570 8571 8572
(3)
(B)
Natural vegetation shall be restored insofar as feasible after any construction project.
Selective cutting of trees and underbrush shall be allowed as long as sufficient cover is left to screen motor vehicles and structures when viewed from the water. The cutting provisions in Section 3.13.2(A)(1) shall not be deemed to prevent the following:
8573 8574
(1)
The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards.
8575 8576 8577
(2)
Pruning understory vegetation, shrubs, plants, bushes, grasses or harvesting crops or cutting suppressed trees or trees less than four inches in diameter at a height of four feet.
8578 8579 8580 8581 8582 8583 8584 8585 8586 8587 8588 8589 8590 8591 8592 8593 8594 8595 8596 8597 8598 8599 8600 8601 8602 8603 8604 8605
3.13.3 Clearcutting Clearcutting anywhere in the designated WS-O district on the Cannon River is subject to the following standards and criteria: (A)
(B) (C) (D)
Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning authority to be fragile and subject to severe erosion and/or sedimentation. Clearcutting shall be conducted only where clear-cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain. The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary. Where feasible all clear-cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.
3.13.4 Grading and Filling Any grading and filling work done in the WS-O district shall require a zoning certificate and shall comply with the following: (A) (B)
(C)
(D)
Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted. Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority. Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities. Grading and filling of the natural topography shall also meet the following standards:
8606 8607
(1)
The smallest amount of bare ground is exposed for as short a time as feasible.
8608 8609
(2)
Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
224
Article 3: DEVELOPMENT STANDARDS
8610
(3)
8611 8612 8613 8614 8615 8616 8617 8618
(4)
Methods to prevent erosion and to trap sediment are employed.
Fill is established to accepted cityâ&#x20AC;&#x2122;s engineering standard specifications. Any work that will change or diminish the course, current, or cross section of a public water shall be approved by the commissioner of natural resources before the work is begun. This includes construction of channels and ditches; lagooning; dredging of lakes or stream bottoms for removal of muck, silt or weeds; and filling in the lake or streambed. Approval shall be construed to mean the issuance by the commissioner of natural resources of a permit under the procedures of applicable law.
8619 8620 8621 8622
3.13.5 Utility Transmission Lines
8623 8624 8625 8626 8627
3.13.6 Public Roads
8628 8629 8630 8631 8632 8633 8634
3.13.7 Land Suitability
8635 8636 8637
3.13.8 Notification of Proposed Zoning Amendments, Variances and Inconsistent Plats
8638 8639 8640 8641 8642 8643 8644 8645 8646 8647 8648 8649 8650
All utility transmission crossing of land within the Cannon River WS-O district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of applicable state statutes. In addition to such permits as may be required by applicable law, a conditional use permit shall be required for any construction of new public roads within the Cannon River land use district. A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties. No land shall be subdivided which is determined by the city council to be unsuitable because of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community. Notification of proposed zoning amendments, variances and inconsistent plats shall be given as follows: (A)
(B) (C)
The city planner shall submit to the commissioner of natural resources for certification a copy of any application for a zoning amendment, including proposed changes to district lines, variances, and plats that are inconsistent with this LDC. A copy of the notice of any public hearing or, where a public hearing is not required, a copy of the application for zoning amendments, variances and inconsistent plats shall be sent to be received by the commissioner of natural resources at least ten days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinance or amendment or a copy of the proposed inconsistent plat or a description of the required variance. The city shall notify the commissioner of natural resources of its final decision on the proposed action within ten days of the decision. The action becomes effective only when either:
8651 8652
(1)
The final decision taken by the city has previously received certification of approval from the commissioner of natural resources;
8653
(2)
The city receives certification of approval after its final decision;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
225
Article 3: DEVELOPMENT STANDARDS
8654 8655 8656
(3)
Thirty days have elapsed from the day the commissioner of natural resources received notice of the final decision, and the city has not received certification of approval or notice of disapproval from the; or
8657 8658
(4)
The commissioner of natural resources certifies approval within 30 days after conducting a public hearing.
8659 8660 8661 8662 8663
(5)
If the commissioner of natural resources gives notice of disapproval of an ordinance, variance or inconsistent plat, either the applicant or city planner may, within 30 days of the notice, file with the commissioner of natural resources a demand for a hearing. If the demand for hearing is not made within 30 days, the notice of disapproval becomes final.
8664 8665
(6)
The hearing will be held within 60 days of the demand and after at least two weeks' published notice.
8666
(7)
The hearing will be conducted in accordance with applicable law.
8667 8668 8669 8670
(8)
8671 8672 8673 8674 8675 8676 8677 8678 8679 8680 8681 8682 8683 8684 8685 8686 8687 8688 8689 8690
(D)
The commissioner of natural resources shall either certify approval or disapproval of the proposed action within 30 days of the hearing. Copies of all plats within the boundaries of WS-O district shall be forwarded to the DNR Commissioner within ten days of approval by the local authority.
3.13.9 Conditional Use Permits The procedures for issuance of conditional use permits shall be subject to the standards and criteria and evaluation procedures specified in Section 5.5.9, Conditional Use Permit and as follows: (A)
(B)
Preliminary plans for planned unit developments which are located wholly or partly within a WS wild and scenic river/shoreland/public waters district or a floodplain district shall be approved by the commissioner of natural resources prior to application for a conditional use permit. A copy of all notices of any public hearings and a copy of the application to consider issuance of a conditional use permit shall be received by the commissioner of natural resources at least ten days prior to the hearing. A copy of the decision shall be forwarded to the commissioner of natural resources within ten days of such action.
3.13.10 Annexation of Property When land in the land use district is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all subdivision platting, building permits, construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall meet the provisions of these rules that applied to the land before the transfer. This subsection does not apply to work for which lawful permits were previously issued.
8691
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
226
Article 4: ADMINISTRATION
Article 4: Administration
8692 8693 8694 8695 8696 8697 8698 8699 8700 8701 8702
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
8703
4.1
8704 8705 8706
The purpose of this article is to identify the authority of the review and decision-making bodies in the development review procedures established within this LDC. It also describes how the provisions of this LDC are to be enforced.
8707 8708
4.2 General Provisions for all Administrative Bodies and Boards
8709 8710 8711 8712 8713
4.2.1
8714 8715 8716 8717 8718
4.2.2
8719
4.3
City Council
8720 8721 8722
4.3.1
Powers and Duties
8723 8724 8725 8726 8727 8728 8729 8730
Purpose .................................................................................................................................. 227 General Provisions for all Administrative Bodies and Boards.............................................. 227 City Council .......................................................................................................................... 227 Planning Commission (PC) and Zoning Board of Appeals (ZBA) ....................................... 228 Heritage Preservation Commission (HPC) ........................................................................... 229 City Planner and Code Enforcement Officer ........................................................................ 230 Development Review Committee (DRC) ............................................................................. 231 Enforcement and Penalties .................................................................................................... 231
Purpose
Meetings All meetings and hearings of the city council, planning commission, zoning board of appeals, and heritage preservation commission shall be scheduled and conducted in compliance with bylaws as established by the individual board or commission, and with other applicable laws.
Bylaws Each board, at its own discretion, may adopt bylaws governing its procedures on such matters as officers, agendas, voting, order of business, and related matters as it may consider necessary or advisable, provided such bylaws are consistent with the provisions of this LDC.
In addition to any other authority granted to the city council by charter, ordinance, or state law, city council shall have the following powers and duties related to this LDC: (A) (B)
(C)
To adopt, monitor, and insure implementation of the principles, goals, and strategies of the official comprehensive plan for Northfield; To determine the number, qualifications, and terms of the members of the planning commission, the zoning board of appeals, and heritage preservation commission based on the City Charter, Section 3.2; To initiate or act upon proposed amendments, supplements and enactments to this LDC and changes to the zoning map, or changes to the Land Development Code text;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
227
Article 4: ADMINISTRATION
8731 8732 8733 8734 8735 8736 8737 8738 8739 8740 8741 8742
(D) (E) (F) (G)
(H)
To review and make decisions regarding heritage preservation site designations; To review and make decisions on preliminary plat, final plats, and accept related improvements; To review and make decisions on annexation requests; To decline to follow a recommendation of the planning commission provided that such action is passed or approved by a majority vote of the full membership of the city council, and the planning commission is provided with a written response from the city council to the planning commission detailing the reason for the city council decision as provided in City Charter, Section 3.2; and To modify or waive the payment of park dedication requirements as established in Section 3.11.6(C), Waiver of Requirements, upon application by the property owner, or designated representative as provided for in this LDC.
8743 8744
4.4 Planning Commission (PC) and Zoning Board of Appeals (ZBA)
8745 8746 8747 8748
4.4.1
8749 8750 8751 8752
4.4.2
8753 8754 8755 8756
4.4.3
There is hereby established a planning commission, a single board that serves as both the planning commission and zoning board of appeals for the city in accordance with Minn. Stat.§462.354.
8770 8771 8772 8773
Title and Citations This board shall be referenced and cited in this LDC as the planning commission unless the specific citation relates to the boardâ&#x20AC;&#x2122;s role as the zoning board of appeals, in which case, the board shall be referenced and cited as the zoning board of appeals.
Powers and Duties as Planning Commission In addition to any other authority granted to the planning commission by charter, ordinance, or state law, the planning commission shall have the following powers and duties related to this LDC:
8757 8758 8759 8760 8761 8762 8763 8764 8765 8766 8767 8768 8769
Created
(A) (B) (C)
(D)
4.4.4
To make recommendations to the city council regarding the adoption of the official comprehensive plan for Northfield or any amendments thereto; To review and make recommendations to city council on preliminary plats and conditional use permits; To initiate and make recommendations to city council regarding proposed amendments, supplements and enactments to this LDC and changes to the zoning map, or changes to the Land Development Code text; and To review and make recommendations to city council regarding annexation requests.
Powers and Duties as the Zoning Board of Appeals In addition to any other authority granted to the zoning board of appeals by charter, ordinance, or state law, the planning commission, acting as the zoning board of appeals, shall have the following powers and duties related to this LDC: (A) (B) (C)
To review and make decisions on appeals from administrative decisions. To review and make decisions on appeals from decisions by the heritage preservation commission on certificates of appropriateness; To review and make decisions on variance requests; and
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
228
Article 4: ADMINISTRATION
8774 8775
(D)
To interpret the Zoning District boundaries as provided for in Section 2.1.4, Interpretation of Zoning District Boundaries.
8776
4.5
Heritage Preservation Commission (HPC)
8777 8778 8779
4.5.1
Created
8780 8781 8782
4.5.2
8783 8784 8785 8786
4.5.3
8787 8788 8789 8790
4.5.4
8791 8792 8793 8794 8795 8796 8797 8798 8799 8800 8801 8802 8803 8804 8805 8806 8807 8808 8809 8810 8811 8812 8813 8814 8815 8816 8817 8818
There is hereby established a heritage preservation commission in accordance with Minn. Stat.ยง471.193, subd. 2.
Members The membership of the heritage preservation commission shall be as outlined in the heritage preservation commission bylaws.
Annual Report The heritage preservation commission shall make an annual report, containing a statement of its activities and plans, to the state historic preservation office and the city council.
Powers and Duties In addition to any other authority granted to the heritage preservation commission by charter, ordinance, or state law, the heritage preservation commission shall have the following powers and duties related to this LDC: (A) (B)
(C)
(D)
(E)
(F)
(G)
To review and make decisions on certificates of appropriateness; Following designation of a heritage preservation commission site by city council, the heritage preservation commission shall act as a resource and in an advisory capacity to the owner of the property regarding preservation, restoration, and rehabilitation activities. Heritage preservation commission activity in this regard shall include participation in the planning and implementation of activities within the downtown historic district and other sites that have been designated as heritage preservation sites. The heritage preservation commission shall work for the continuing education of the citizens of the city with respect to the city's civic and architectural heritage. This continuing education may include public meetings or publications. It shall keep current and public a register of designated heritage preservation sites along with the plans and programs that pertain to them. The heritage preservation commission may recommend to the city the acceptance of gifts and contributions to be made to the city and to assist the city staff in the preparation of applications for grant funds to be made through the city for the purpose of heritage preservation. Any contributions or gifts will be expended in the manner provided through the city's fiscal policy. The heritage preservation commission shall establish and monitor an archive policy that would encourage the collection of all city planning and development records, documents, studies, models, maps, plans and drawings. This may be entered into the public library historical archives as a permanent record of city history and development. At the discretion of the heritage preservation commission, public hearings may be initiated to solicit public input regarding proposed activities on a heritage preservation site. To recommend to the city council heritage preservation site designation as provided for in Section 5.5.7, Heritage Preservation Site Designation.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
229
Article 4: ADMINISTRATION
8819
4.6
City Planner and Code Enforcement Officer
8820 8821 8822 8823 8824
4.6.1
Appointment
8825 8826 8827
4.6.2
The city administrator shall appoint a city planner, code enforcement officer, or other appointed designee, to administer and enforce this LDC. Nothing in this LDC shall prevent the city administrator from appointing a single person as both the city planner and code enforcement officer. In addition to any other authority granted to the city planner by charter, ordinance, or state law, the city planner shall have the following powers and duties:
8828 8829 8830 8831 8832 8833 8834 8835 8836 8837 8838 8839 8840 8841 8842 8843 8844 8845 8846 8847 8848 8849 8850 8851 8852 8853 8854 8855 8856
Administration Powers and Duties
(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M)
4.6.3
Interpret the meaning and application of this LDC as allowed in Section 5.5.18, Code Interpretation; Issue zoning certificates, temporary use permits, flood plain permits, and other administrative permits or certificates; Review and make decisions on Type 1 Development Review Procedures as provided for in Table 5.4-1; Review and make recommendations on Types 2, 3, 4, 5, 6 and 7 Development Review Procedures as provided for in Table 5.4-1; Serve as administrative staff to the planning commission, zoning board of appeals, and heritage preservation commission; Accept and certify all submitted applications as to completeness; Publicize the agenda for all meetings; Respond to inquiries; Maintain permanent and current records in conformance with the cityâ&#x20AC;&#x2122;s records retention/disposition policy; Serve as chairperson of the development review committee; Undertake notice requirements as established in this LDC; Provide minutes of all planning commission, zoning board of appeals, and heritage preservation commission meetings; and Advise applicants of the appeals process for those who have received a denial for a land use application or other decision.
Enforcement Powers and Duties In addition to any other authority granted to the city planner and code enforcement officer by charter, ordinance, or state law, the city planner and code enforcement officer shall have the following powers and duties related to this LDC: (A) (B)
Conduct inspection of sites, buildings and uses of land to determine compliance with this LDC; and Determine the existence of any violations of this LDC, issue notifications, or initiate other administrative or legal action as needed.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
230
Article 4: ADMINISTRATION
8857
4.7
Development Review Committee (DRC)
8858 8859 8860 8861
4.7.1
Role
8862 8863 8864 8865 8866
4.7.2
8867 8868 8869 8870 8871 8872 8873 8874 8875 8876 8877 8878
4.7.3
8879 8880 8881 8882 8883 8884 8885 8886 8887 8888 8889 8890 8891 8892
4.7.4
8893
4.8
Enforcement and Penalties
8894 8895 8896 8897 8898 8899
4.8.1
Enforcement by City Planner and Code Enforcement Officer
The development review committee is the technical review body composed of city staff and others who shall be responsible for the initial review of applications submitted to the city under this LDC.
Powers and Duties The members of the development review committee shall review all applications forwarded to it by the city planner and respond to other issues to be considered by the city council and planning commission that are relevant to the purpose, intent, and implementation of this LDC.
Membership (A)
(B)
The development review committee shall be comprised of the community development director, city engineer, city planner, building official, and fire chief. Additional city staff, or outside agencies and professionals, possessing specific expertise in a matter relating to a given application or issue may be consulted at the discretion of the city planner including, but not limited to, the economic development manager, police department, city attorney, the Department of Natural Resources, Department of Transportation and the applicable Soil and Water Conservation District. City council may retain a town architect that would be a member of the development review committee to enforce the architectural standards of this LDC pursuant to paragraph (A) above.
Meetings (A)
(B)
(C)
(A) (B)
The city planner will serve as the chairperson to the development review committee, schedule meetings, and prepare follow-up reports as appropriate. The city planner shall inform the applicant of the date, time, and location of the development review committee meeting. The applicant may attend the development review committee meeting but such attendance is not mandatory. The development review committee meeting related to a specific application subject to review by a board shall occur prior to the preparation of any staff report for the planning commission, zoning board of appeals, heritage preservation commission, or city council meeting or hearing. A summary of the preliminary meeting with the planning commission or heritage preservation commission, if held, will be provided to the development review committee (See Section 5.3.4, Effect of Preapplication Meetings and Preliminary Review).
It shall be the duty of the city planner and code enforcement officer to enforce this LDC in accordance with these administrative provisions. All departments, officials, and employees of the city shall comply with the provisions of this LDC, and shall issue no permit, license, or registration for any use, building, or purpose in conflict with the provisions of this LDC.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
231
Article 4: ADMINISTRATION
8900 8901 8902 8903 8904 8905
(C)
(D)
8906 8907 8908 8909 8910 8911 8912 8913 8914 8915 8916 8917 8918 8919 8920
4.8.2
8921 8922 8923 8924 8925 8926 8927 8928 8929
4.8.3
8930 8931 8932 8933 8934 8935 8936 8937 8938 8939 8940 8941
4.8.4
Any permit issued in conflict with this LDC is considered null and void. The city planner shall have the authority to require a new application and full compliance with this LDC if such permit was issued in error. The duties imposed on the city planner shall not constitute a limitation on the power of other enforcement officers of this city to make arrests or to institute prosecutions for violations of this LDC.
Violations and Penalties It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this LDC, or any amendment or supplement thereto adopted by the city council. Any person, firm, corporation, or other legal entity violating any of the provisions of this LDC, or any amendment or supplement, shall be guilty of a fourth degree misdemeanor (Minn. Stat.ยง462.362). Upon conviction, the person, firm, corporation, or other legal entity shall be fined not more than maximum permitted by law. Any person, firm, corporation, or other legal entity that is convicted of violating any of the provisions of this LDC, having been previously convicted of violating any of the provisions of this LDC, or any amendment or supplement within two years of the offense charged, shall be guilty of a fourth degree misdemeanor and fined not more than the maximum permitted by law. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a separate offense.
Exemptions (A) (B)
(C)
The city shall meet the requirements of this LDC to the maximum extent possible. The city and other government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this LDC to the extent permitted in state and federal law. Other governmental agencies that are exempt from the regulations of this LDC, in whole or in part, are encouraged to meet the requirements of this LDC to the maximum extent possible.
Remedies (A)
(B)
In case any building is or is proposed to be used in violation of this LDC, or any amendment or supplement, the city council, city administrator, city attorney, city planner, or any person who would be specifically damaged by such violation may institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use. The action could be to restrain, correct or abate such violation; to prevent the occupancy of said building structure or land; or to prevent any illegal act, conduct, business or use in or about such premises. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
8942
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
232
Article 5: Development Procedures
8943 8944 8945 8946 8947 8948 8949
5.1 5.2 5.3 5.4 5.5
8950
5.1
8951 8952 8953 8954 8955
The purpose of this Article is to establish standard decision-making procedures that will enable the city, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way. This article outlines the criteria, procedures, and information necessary to obtain development approvals from the city, including permit approval.
8956
5.2
8957 8958 8959 8960 8961 8962 8963 8964 8965 8966 8967 8968 8969 8970 8971 8972 8973
5.2.1
8974
5.3
8975 8976
The requirements of this section shall apply to all development review applications and procedures subject to development review under this article, unless otherwise stated.
8977 8978 8979
5.3.1
8980
Purpose .................................................................................................................................. 233 Applicability.......................................................................................................................... 233 Common Development Review Requirements ..................................................................... 233 Summary of Application and Review Procedure Types ....................................................... 240 Specific Development Review Procedure Requirements...................................................... 252
Purpose
Applicability
All land use and development permit applications, except building permits, shall be governed by the procedures contained in this article.
5.2.2
There are seven different types of procedural reviews with different variations on the review bodies. These seven procedures are defined in Section 5.4, Summary of Application and Review Procedure Types.
5.2.3
Specific procedures and decision criteria for each type of permit, certificate, and review are contained in Section 5.5, Specific Development Review Procedure Requirements.
5.2.4
In addition to the requirements of this LDC, certain development permit applications shall be subject, as applicable, to additional standards outside of this LDC, including, but not limited to the following: (A) The Surface Water Management Plan; (B) The Comprehensive Sanitary Sewer Plan; (C) The Comprehensive Water Plan; (D) The Greater Northfield Area Greenway System Action Plan; (E) The Natural Resources Inventory; (F) The Parks, Open Space, and Trail System Plan; and (G) The Comprehensive Transportation Plan Update.
Common Development Review Requirements
Authority to File Applications (A)
Unless otherwise specified in this LDC, development review applications may be initiated by:
(1)
City of Northfield, Minnesota DRAFT 11-24-10
The planning commission or city council, where applicable; or
Land Development Code
233
Article 5: DEVELOPMENT PROCEDURES
8981
(2)
8982 8983 8984 8985
(3) (B)
8986 8987 8988
5.3.2
8989 8990 8991 8992 8993 8994 8995 8996 8997
5.3.3
8998 8999 9000 9001 9002 9003
5.3.4
9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025
5.3.5
The owner of the property that is the subject of the application; or
The ownerâ&#x20AC;&#x2122;s authorized agent. When an authorized agent files an application under this LDC on behalf of a property owner(s), the property owner(s) shall be required to sign the application.
Application Submission Schedule The schedule for the submission of applications in relation to scheduled meetings of the review bodies shall be established by the city planner and made available to the public.
Application Contents (A) (B) (C)
Applications required under this LDC shall be submitted in the form as established by the city in a submittal list made available to the public. Applications shall be accompanied by a fee as established by the city council and pursuant to Section 5.3.6, Fees. The city planner shall review and make decisions on the completeness of an application as provided for in Minn. Stat. §15.99, subd. 3. Any time limits established for a review procedure in this LDC shall begin when the city planner notifies the applicant that the application is complete.
Effect of Preapplication Meetings and Preliminary Review Discussions that occur during a preapplication meeting or preliminary review with the planning commission or heritage preservation commission are not binding on the city and do not constitute official assurances or representations by the city or its officials regarding any aspects of the plan or application discussed (See Section 5.4.6(C), Review by the Development Review Committee).
Neighborhood Meetings (A)
(B)
(C)
(D)
(E)
(F)
Where an applicant is required to facilitate a neighborhood meeting, such meeting shall be held prior to submitting the application for the applicable procedure. The applicant shall provide appropriate notice to the neighborhood and include a vicinity map of the project, the purpose of the neighborhood meeting, and the time, date, and location of the meeting within the notice with a copy of the notice being sent to the city planner; The applicant shall conduct the neighborhood meeting within proximity of the location of the proposed development. If it is not possible to hold the meeting in proximity to the location of the proposed development, due to a lack of public facilities, the meeting shall be held in a nearby convenient location; The applicant shall provide the city planner with a written summary or transcript of the meeting as part of their application. This summary or transcript shall include any testimony or written material prepared by representatives from the neighborhood; The applicant shall identify, in writing, the changes made to the plans to address the concerns of the neighboring property owners. Such information shall be required at the time of their application; and If an applicant fails to hold a required neighborhood meeting or does not demonstrate a reasonable effort was made in the notification of such meeting, such failure may be just cause for denial of the application.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
234
Article 5: DEVELOPMENT PROCEDURES
9026 9027 9028 9029 9030 9031
5.3.6
Fees (A)
Establishment of Fees City council shall establish by resolution a schedule of fees for all permits and applications required by this LDC. In so doing, the city council shall consider the recommendations of the city planner with respect to actual administrative costs.
9032 9033 9034
(B)
Fees to be Paid No application shall be processed or considered complete until the established fee has been paid.
9035 9036 9037 9038 9039
(C)
Refund of Fees Application fees are not refundable except where the city planner determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
9040 9041 9042 9043
5.3.7
9044 9045 9046
5.3.8
9047 9048 9049
Decisions All decisions shall be made in accordance with the Charter of the City of Northfield, city ordinances, individual board or commission’s bylaws, and state law. In cases of conflict, the provisions of the city charter shall apply first followed by state law.
Public Notice Applications for development review shall comply with the Minn. Stat.§462.357, Subd. 3, and the provisions of this article with regard to public notification. (A)
Content Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
9050 9051
(1)
Identify the address or location of the property subject to the application and the name of the applicant or the applicant’s agent.
9052
(2)
Indicate the date, time, and place of the public hearing.
9053 9054 9055
(3)
Describe the land involved by street address, which may include the legal description, and, if applicable, the nearest cross street and project area (size).
9056
(4)
Describe the nature, scope, and purpose of the application or proposal.
9057 9058
(5)
Identify the location (e.g., the offices of the city planner) where the public may view the application and related documents.
9059 9060 9061
(6)
Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application.
9062 9063
(7)
Include a statement describing where written comments will be received prior to the public hearing.
9064 9065 9066
(8)
The notice will clarify that if the application is forwarded to the city council, the applicant will not receive a notification of the review date by the city council.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
235
Article 5: DEVELOPMENT PROCEDURES
9067
(B)
Constructive Notice
9068 9069 9070 9071 9072 9073 9074 9075 9076 9077 9078 9079 9080
(1)
9081 9082 9083 9084 9085 9086 9087
(2)
(C)
Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the city planner shall make a formal finding as to whether there was substantial compliance with the notice requirements of this LDC, and such finding shall be made available prior to final action on the request.
When the records of the city document the publication, mailing, and posting of notices as required by this section, it shall be presumed that notice of a public hearing was given as required by this section. Timing of the Notice Unless otherwise expressly provided in the Minnesota Statutes or this LDC, notice, when required, shall be postmarked or published at least ten days prior to the hearing or action.
9088 9089 9090 9091 9092 9093 9094
(D)
Published Notice When the provisions of this LDC require that notice be published, the city planner shall be responsible for preparing the content of the notice and publishing the notice in the official newspaper of general circulation that has been selected by the city. The published notice may also be conveyed electronically. The content and form of the published notice shall be consistent with the requirements of Section 5.3.8(A), Content, and state law.
9095
(E)
Written (Mailed) Notice
9096 9097 9098
(1)
When the provisions of this LDC require that written or mailed notice be provided, the city planner shall be responsible for preparing and mailing the written notice as follows:
9099 9100 9101 9102 9103 9104 9105
(a)
Written notice for planning commission hearings for environmental review consideration as outlined in Section 5.3.9, Environmental Review Consideration, below, and development review applications as outlined in Section 5.5, Specific Development Review Procedure Requirements, shall be given to property owners within 350 feet of the outer boundaries of the subject property.
9106 9107 9108
(b)
Written notice for zoning board of appeals hearings for variances or appeals shall be given to property owners within 350 feet of the outer boundaries of the subject property.
9109 9110 9111
(c)
Written notice for city council heritage preservation site designation hearings shall be given to property owners within 350 feet of the outer boundaries of the subject property.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
236
Article 5: DEVELOPMENT PROCEDURES
9112 9113 9114
(2)
The notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the planning commission or zoning board of appeals.
9115 9116
(3)
Written notice shall be postmarked no later than ten days prior to the meeting at which the item will be considered.
9117 9118 9119 9120 9121 9122 9123 9124
5.3.9
Environmental Review Consideration (A)
Purpose The purpose of this section is to describe the city procedures to determine whether certain projects have or may have the potential for significant environmental effects, and should undergo special procedures of the Minnesota Environmental Review Program as set forth by the Minnesota Environmental Quality Review Board (EQB).
(B)
General Provisions
9125 9126 9127 9128 9129
(1)
No development project shall be approved prior to review by the city planner to determine the necessity for completion of an environmental assessment worksheet (EAW) or environmental impact statement (EIS). The city also may use the Alternative Urban Areawide Review Process (AUAR) as described in Minn. Rules 4410.3610.
9130 9131 9132 9133
(2)
Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review Program authorized by Minn. Stat. ยง116D.04 and 116D.04S and specified in Minn. Rules Parts 4410.0200 to 4410.7800.
9134 9135 9136 9137 9138 9139 9140 9141 9142 9143 9144 9145
(3)
(C)
Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. Time delays in the normal permit process caused by the filing and review of the EAW or EIS shall not be considered part of the development review approval time requirements set forth in this LDC and in Minn. Stat.ยง15.99. Such delays shall be considered as additional required time for each required development review approval. The development review approval process for the proposed project may be continued from the point it was interrupted by the EAW/EIS process. No decision on granting a zoning certificate or other approval required to commence the project may be issued until the EAW/EIS process is completed. Environmental Assessment Worksheet (EAW)
9146 9147 9148 9149
(1)
Purpose The purpose of an EAW is to rapidly assess, in a worksheet format, whether or not a proposed action has the potential for significant environmental effects.
9150 9151 9152 9153 9154
(2)
Mandatory EAW The preparation of an EAW shall be mandatory for those projects that meet or exceed the thresholds contained in the state Environmental Review Program regulations, Minn. Rules 4410.4300, as may be amended.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
237
Article 5: DEVELOPMENT PROCEDURES
9155 9156 9157 9158 9159 9160 9161 9162 9163
(3)
Discretionary EAW A discretionary EAW may be required when it is determined that, because of the nature or location of a proposed project, the project may have the potential for significant environmental effects. The city council may require the preparation of a discretionary EAW if it is determined that a development project may have some significant environmental impact or when there is a perception of such, provided that the project is not specifically exempted by Minn. Rules 4410.4600, as may be amended.
9164
(4)
Procedures
9165
(a)
Preparation and Distribution
9166 9167 9168 9169 9170 9171
(i)
If it is determined that an EAW shall be prepared, the proposer of the project shall submit an application along with the completed data portions of the EAW. The applicant shall agree in writing, as a part of the application, to reimburse the city for all reasonable costs, including legal and consultantsâ&#x20AC;&#x2122; fees, incurred in preparation and review of the EAW.
9172 9173 9174 9175 9176 9177 9178 9179 9180
(ii)
Pursuant to Minn. Rules 4410.1400, the city planner, along with other city staff as necessary at a development review committee meeting, shall promptly review the submittal for completeness and accuracy. If the city planner determines that the submittal is incomplete, the submittal shall be returned to the proposer for completion of the missing data. If the city planner determines that the submittal is complete, the proposer shall be notified of the acceptance of the submittal.
9181 9182 9183 9184 9185 9186 9187 9188
(iii)
The city planner shall distribute copies of the EAW to the EQB for publication of the notice of availability of the EAW in the EQB Monitor. Copies shall be distributed at the same time to the official EAW distribution list maintained by the EQB staff, and the Northfield environmental quality commission. The city planner shall provide a press release to the cityâ&#x20AC;&#x2122;s official newspaper, containing notice of availability of the EAW for public review.
9189
(b)
9190 9191 9192 9193 9194 9195 9196
Neighboring Property Owner Notification Upon completion of the EAW for distribution, the city planner shall provide mailed notice of the availability of the EAW and the information about the planning commission meeting as to where it will be heard to all property owners within at least 350 feet of the boundaries of the property that is the subject of the EAW. Said notice shall be mailed according to the requirements of this section and Section 5.3.8, Public Notice.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
238
Article 5: DEVELOPMENT PROCEDURES
9197
(c)
9198 9199 9200 9201 9202 9203 9204
Review by Planning Commission During the 30-day comment period that follows publication of the notice of availability of the EAW in the EQB Monitor, the planning commission shall review the EAW. The planning commission shall make a recommendation to the city council regarding potential environmental impacts that may warrant further investigation before the project is commenced and the need for an EIS on the proposed project.
9205
(d)
Decision by the City Council
9206 9207 9208 9209 9210 9211 9212 9213
The city council shall make its decision on the need for an EIS for the proposed project after the close of the comment period. The city council shall base its decision on the need for an EIS and the proposed scope of an EIS on the information gathered during the EAW process and on the comments received on the EAW. Pursuant to Minn. Rules 4410.1700, in deciding whether a project has the potential for significant environmental effects, the following factors shall be considered:
9214
(i)
Type, extent and reversibility of environmental effects.
9215 9216
(ii)
Cumulative potential effects of related or anticipated future projects.
9217 9218
(iii)
The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority.
9219 9220 9221 9222
(iv)
The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EISs previously prepared on similar projects.
9223 9224 9225 9226 9227
(e)
9228 9229 9230 9231 9232 9233 9234 9235 9236 9237 9238
(5)
(D)
After the city councilâ&#x20AC;&#x2122;s decision on the need for an EIS, notice shall be provided to all persons on the EAW distribution list, to all persons who commented in writing during the 30 day comment period, to the EQB staff for publication of the decision in the EQB Monitor and to any person upon written request.
Mitigation Measures Any measures for mitigating that are considered by the city council in making their EIS need decision may be incorporated as conditions for approval of any development review application.
Environmental Impact Statement (EIS)
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Purpose The purpose of an EIS is to provide information for governmental units, the proposer of the project and other persons to evaluate proposed projects which have the potential for significant environmental effects, to consider alternatives to the proposed projects and to explore methods for reducing adverse environmental effects.
Land Development Code
239
Article 5: DEVELOPMENT PROCEDURES
9239 9240 9241 9242
(2)
Mandatory EIS An EIS shall be prepared for any project that meets or exceeds the thresholds of any of the EIS categories listed in Minn. Rules 4410.4400, as may be amended.
9243 9244 9245 9246 9247 9248
(3)
Discretionary EIS An EIS shall be prepared when the city council determines that, based on the EAW and any comments or additional information received during the EAW comment period, the proposed project has the potential for significant environmental effects, or when the city council and/or the proposer of the project agree that an EIS should be prepared.
9249 9250 9251 9252 9253 9254 9255 9256
(4)
Procedures All projects requiring an EIS must have an EAW on file with the city, which will be used to determine the scope of the EIS. All EISs shall be prepared according to the procedures and requirements of the state Environmental Review Program, Rules 4410.2100-4410.3000, as may be amended. The costs of preparation of an EIS shall be assessed to the project proposer in accordance with Minn. Rules Parts 4410.6000 to 4100.6500, as may be amended.
9257 9258 9259 9260
(5)
Mitigation Measures Any measures for mitigating that are considered by the city council in making their EIS need decision may be incorporated as conditions for approval of any development review application.
9261
5.4
Summary of Application and Review Procedure Types
9262 9263 9264 9265 9266 9267 9268 9269 9270 9271 9272
5.4.1
General Provisions
9273 9274 9275 9276
5.4.2
(A)
(B)
(C)
The development review procedure type assigned to each permit governs the decision-making process for that permit or review. There are seven types of decision-making procedures that are described in detail within this section. Applications may be reviewed by the planning commission informally in a regularly scheduled work session prior to the planning commissionâ&#x20AC;&#x2122;s required formal meeting as appropriate. Such preliminary reviews and discussions shall be subject to Section 5.3.4, Effect of Preapplication Meetings and Preliminary Review. Unless otherwise indicated within this LDC, all applications for permits or other approvals shall be submitted to the city planner.
Summary Table of Development Review Procedures by Type of Review Table 5.4-1 summarizes the type of development review procedures permitted under this LDC. The subsequent sections of this article define the applicable approval procedures, criteria, and submittal requirements.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
240
9277
5.4.3
REVIEW PROCEDURES
9278 9279
City of Northfield, Minnesota DRAFT 11-24-10
Land Development Code
241
Article 5: DEVELOPMENT PROCEDURES
Table 5.4-1: Development Review Procedures
Procedure
See Section
Type 1 City Planner (No Development Review Committee)
Type 2 City Planner (With Development Review Committee)
Type 3 Heritage Preservation Commission
Decision
Decision
Decision
Type 4 Planning Commission (or Heritage Preservation Commission) and City Council Recommendatio n and Decision
Type 5 City Council Decision
Type 6 Zoning Board of Appeals
Type 7 Planning Commission (C2-B District only)
Decision
Decision
Zoning Certificate X X X X 5.5.1 [1] Temporary Use X 5.5.2 Permit Construction X [2] 5.5.3 Drawings Flood Plain 5.5.4 X Permit Amendment to X 5.5.5 the PD-O District Site Plan Review 5.5.6 X Heritage X (HPC & PC) 5.5.7 Preservation Site Designation Certificate of X 5.5.8 Appropriateness Conditional Use X (PC) 5.5.9 Permit Adjacent Parcel X 5.5.10 Land Conveyance Minor 5.5.11 X Subdivision and Lot Consolidation Major X (PC) Subdivision â&#x20AC;&#x201C; 5.5.12(B) Preliminary Plat Major 5.5.12(D) X Subdivision Final Plat Comprehensive X (PC) 5.5.13 Plan Amendment Zoning Map or Text X (PC) 5.5.14 Amendments to this LDC Annexation 5.5.15 X (PC) Variance 5.5.16 X Appeals 5.5.17 X Code X 5.5.18 Interpretation 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.
9280
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
242
Article 5: DEVELOPMENT PROCEDURES
9281 9282 9283 9284 9285
5.4.4 Type 1 Review Procedure (City Planner Decision without Development Review Committee Review) Type 1 review procedure decisions are made by the city planner without public notice and without a public hearing.
9286 9287 9288 9289
(A)
Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements.
9290
(B)
Action by the City Planner
9291 9292 9293 9294 9295 9296 9297 9298
(1)
9299 9300 9301 9302 9303 9304 9305
(2)
9306 9307 9308 9309 9310 9311
(C)
Within 15 days of the date when an application is certified (See Section 5.3.3(C)), the city planner shall render a decision to approve or deny an application. The written decision shall be communicated through the issuance of a zoning certificate or a letter to the applicant citing the reasons for denial.
The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. Appeal The decision by the city planner may be appealed to the zoning board of appeals within 30 days from the date of the action in accordance with Section 5.5.17, Appeals.
5.4.5 Type 2 Review Procedure (City Planner Decision with Development Review Committee Review) Type 2 review procedure decisions are made by the city planner, with consultation from the development review committee, without public notice and without a public hearing.
9312 9313 9314 9315 9316 9317 9318 9319 9320 9321
(A)
Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements.
9322
(B)
Application Submittal
9323 9324
The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements. City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
243
Article 5: DEVELOPMENT PROCEDURES
9325
(C)
Review by the Development Review Committee
9326 9327 9328
(1)
9329 9330 9331 9332 9333 9334
(2)
(D)
Upon submittal of a certified application (See Section 5.3.3(C)), the city planner shall transmit copies of the application to members of the development review committee for review and comment.
After the development review committee meeting, the city planner shall provide the applicant with comments and changes that are required to be in compliance with the provisions of this LDC. The applicant shall be required to submit revised plans and documents incorporating the required changes. Action by the City Planner
9335 9336
(1)
The city planner shall make a decision to approve or deny an application in a timely manner, as provided for in state law (See Minn. Stat. §15.99).
9337 9338
(2)
If approved, the city planner shall issue a zoning certificate or letter of approval depending on the specific application.
9339 9340 9341
(3)
If denied, the city planner shall send a letter to the applicant listing the reasons for the denial.
9342 9343 9344 9345 9346 9347 9348 9349
(4)
9350 9351 9352 9353 9354 9355 9356
(E)
The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. Appeal The decision by the city planner may be appealed to the zoning board of appeals within 30 days from the date of the action in accordance with Section 5.5.17, Appeals.
5.4.6 Type 3 Review Procedure (Heritage Preservation Commission Decision) Type 3 review procedure decisions for certificates of appropriateness are made by the heritage preservation commission as discussed in Section 5.5.8, Heritage Preservation Commissionâ&#x20AC;&#x2122;s Certificate of Appropriateness.
9357 9358 9359 9360 9361 9362 9363 9364 9365
(A)
Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements.
9366 9367 9368
(B)
Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
244
Article 5: DEVELOPMENT PROCEDURES
9369
(C)
Review by the Development Review Committee
9370 9371 9372
(1)
At the city plannerâ&#x20AC;&#x2122;s discretion, the application may be forwarded to the development review committee for review after the city planner certifies the application is complete (See Section 5.3.3(C)).
9373 9374 9375
(2)
If the development review committee is asked to review an application, the committee reviews the application and provides comments back to the city planner.
9376 9377 9378 9379 9380 9381
(3)
(D)
After the development review committee meeting, the city planner shall provide the applicant with comments and changes that are required to be in compliance with the provisions of this LDC. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the heritage preservation commission meeting. Preparation of Staff Report
9382 9383 9384 9385 9386 9387
(1)
9388 9389 9390 9391 9392 9393 9394 9395 9396 9397 9398 9399 9400 9401 9402
(2)
9403 9404 9405 9406 9407 9408 9409 9410 9411 9412 9413 9414 9415
(E)
(F)
The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee, as applicable, in formulating the recommendation.
A written staff report shall be forwarded to the heritage preservation commission and the contact person listed on the application form at least three days prior to the meeting at which the commission will consider the application. Action by Heritage Preservation Commission The heritage preservation commission shall consider the application at its meeting according to Section 5.5.8, Heritage Preservation Commissionâ&#x20AC;&#x2122;s Certificate of Appropriateness. Appeal The decision by the heritage preservation commission is appealable to the zoning board of appeals (See Section 5.5.17, Appeals).
5.4.7 Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision) Type 4 review procedure decisions are made by the city council after a recommendation is made by the planning commission at a public hearing. Type 4 review procedure decisions for heritage City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
245
Article 5: DEVELOPMENT PROCEDURES
9416 9417 9418 9419
preservation site designations are made by the city council at a public hearing after a recommendation by the heritage preservation commission and the planning commission. Type 4 review procedure decisions require both published and mailed notice as required in Section 5.3.8, Public Notice.
9420 9421 9422 9423 9424 9425 9426
(A)
Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements.
9427
(B)
Neighborhood Meeting
9428 9429
(1)
A neighborhood meeting will be required for any major subdivision that will create 50 or more lots.
9430 9431
(2)
A neighborhood meeting will be required for any zoning map amendment that encompasses more than 100 acres
9432 9433
(3)
A neighborhood meeting will be required for all development in the PTA sub-zone as established in Section 2.4.2(C)(2).
9434 9435 9436 9437 9438 9439 9440 9441 9442 9443 9444 9445 9446 9447 9448 9449 9450
(4)
(C)
At the discretion of the city planner, other applications for a Type 4 review procedure may be required to meet with property owners within 350 feet of the proposed property and any city recognized neighborhood associations in the immediate area prior to submitting their application in order to solicit input and exchange information about the proposed development (See Section 5.3.5, Neighborhood Meetings). Preliminary Review by the Planning Commission The applicant may request a preliminary review with a quorum of the planning commission prior to submitting an application, except that a preliminary review meeting with the planning commission shall be required if the project contains environmentally significant areas as described in the comprehensive plan, Chapter 5, or park plan components as described in the comprehensive plan, Chapter 8. The purpose of the work session is to provide feedback to the applicant regarding the proposal (See Section 5.3.4, Effect of Preapplication Meetings and Preliminary Review). At the applicantâ&#x20AC;&#x2122;s request, the city planner will place the preliminary proposal on the work session agenda and send a copy of the agenda to the relevant boards and commissions.
9451 9452 9453
(D)
Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements.
9454
(E)
Review by the Development Review Committee
9455 9456 9457 9458 9459
(1)
City of Northfield, Minnesota DRAFT 1-13-11
At the city plannerâ&#x20AC;&#x2122;s discretion, the application may be forwarded to the development review committee for review after the city planner certifies the application is complete (See Section 5.3.3(C)). The development review committee shall include the town architect for development applications proposed in the PTA sub-zone of the CD-S district.
Land Development Code
246
Article 5: DEVELOPMENT PROCEDURES
9460 9461 9462
(2)
9463 9464 9465 9466 9467 9468 9469 9470 9471 9472 9473 9474 9475
(3)
9476
(F)
(G)
After the development review committee meeting, the city planner shall provide the applicant with comments and changes that are required to be in compliance with the provisions of this LDC. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the planning commission meeting. Public Hearing and Notice by the City Planner After determining that an application contains all the necessary and required information (See Section 5.5.3(C)), the city planner shall place the application on the planning commission agenda, schedule a public hearing on the proposed request, and notify the public pursuant to Section 5.3.8, Public Notice. For heritage preservation site designations, the city planner shall place the application on the city council agenda, schedule a public hearing on the proposed request, and notify the public pursuant to Section 5.3.8, Public Notice. Preparation of Staff Report
9477 9478 9479 9480
(1)
9481 9482 9483 9484 9485
(2)
(H)
If the development review committee is asked to review an application, the committee shall review the application and provide comments back to the city planner.
The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee in formulating the recommendation.
A written staff report shall be forwarded to the planning commission and the contact person listed on the application form at least three days prior to the meeting at which the planning commission will consider the application. Recommendation by Planning Commission
9486 9487 9488
(1)
The planning commission shall consider the application at its formal public hearing. It shall consider comments by staff as appropriate, a presentation by the applicant, and comments by interested parties.
9489 9490 9491 9492 9493
(2)
The planning commission shall consider this information and make a recommendation at the public hearing. If necessary, the planning commission can table and continue the public hearing or review of the application in accordance with Minn. Stat. §15.99, at which time it shall make a recommendation.
9494 9495 9496 9497 9498 9499 9500 9501
(3)
9502 9503 9504 9505
(I)
(J)
The planning commission shall also consider the applicable decision criteria of this LDC and shall recommend approval, recommend approval with conditions (where allowed by law), or recommend denial of an application. Action by the Heritage Preservation Commission The heritage preservation commission shall consider the application for any heritage preservation site designation at its meeting in accordance with Section 5.5.7, Heritage Preservation Site Designation. Action by the City Council
(1)
City of Northfield, Minnesota DRAFT 1-13-11
After the planning commissionâ&#x20AC;&#x2122;s recommendation is made, the city council shall approve the request, approve with conditions (where allowed by law), or deny the request. Land Development Code
247
Article 5: DEVELOPMENT PROCEDURES
9506 9507 9508 9509
(2)
9510 9511 9512 9513 9514
(3)
9515 9516 9517 9518 9519
(K)
The city council may adopt by a two-thirds vote of all members of the city council amendments to this article or the zoning map, in relation both to land uses within a particular district or to the location of the district line.
The city council shall adopt findings and shall act upon the application in accordance with Minn. Stat. ยง15.99. Appeals The decision by the city council is appealable to the district court within 30 days after receipt of notice of the decision.
5.4.8 Type 5 Review Procedure (Decision by City Council with No Review by Planning Commission) Type 5 review procedure decisions are made by the city council at a public meeting that does not require a public hearing.
9520 9521 9522 9523 9524 9525 9526 9527 9528 9529 9530
(A)
Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements.
9531 9532 9533 9534 9535 9536
(B)
Application Submittal For minor subdivision and major subdivision final plat review, the applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements.
9537 9538
(C)
Review by the Development Review Committee
9539 9540 9541 9542
(1)
The application shall be forwarded to the development review committee for review after the city planner certifies the application is complete (See Section 5.3.3(C)).
9543 9544
(2)
The development review committee shall review the application and provide comments back to the city planner.
9545 9546 9547 9548 9549
(3)
After the development review committee meeting, the city planner shall provide the applicant with comments and changes that are required to be in compliance with the provisions of this LDC. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the city council meeting.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
248
Article 5: DEVELOPMENT PROCEDURES
9550
(D)
Preparation of Staff Report
9551 9552 9553 9554
(1)
9555 9556 9557 9558 9559 9560
(2)
9561 9562 9563 9564 9565 9566 9567 9568 9569 9570
(E)
(F)
The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation from staff. The city planner shall consider comments from the development review committee in formulating the recommendation.
A written staff report shall be forwarded to city council, and the contact person listed on the application form, at least three days prior to the meeting at which the city council will consider the application. Action by City Council The city council shall either approve the request, approve with conditions, or deny the request. Appeals The decision by the city council is appealable to the district court within 30 days after receipt of notice of the decision.
5.4.9 Type 6 Review Procedure (Quasi-Judicial Decision by the Zoning Board of Appeals) Type 6 review procedure decisions are made by the zoning board of appeals at a public meeting that requires a public hearing with published and mailed notice as required in Section 5.3.8, Public Notice.
9571 9572 9573 9574
(A)
Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements.
9575 9576
(B)
Review by the Development Review Committee
9577 9578 9579 9580 9581 9582
(1)
At the city plannerâ&#x20AC;&#x2122;s discretion, the application may be forwarded to the development review committee for review after the city planner certifies the application is complete (See Section 5.3.3(C)).
9583 9584 9585 9586 9587
(2)
If the development review committee is asked to review an application, the committee shall review the application and provide comments back to the city planner.
9588 9589 9590
(3)
After the development review committee meeting, the city planner shall provide the applicant with comments that are required to be in compliance with the provisions of this LDC.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
249
Article 5: DEVELOPMENT PROCEDURES
9591 9592 9593 9594 9595 9596
(C)
Public Hearing and Notice by the City Planner After determining that an application contains all the necessary and required information, the city planner shall place the application on the zoning board of appeals agenda, schedule a public hearing on the proposed request, and notify the public according to published and written mailed notice procedures (See Section 5.3.8, Public Notice).
9597
(D)
Preparation of Staff Report
9598 9599 9600 9601
(1)
The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee in formulating the recommendation.
9602 9603 9604
(2)
A written staff report shall be forwarded to the zoning board of appeals and the contact person listed on the application form, at least three days prior to the meeting at which the board will consider the application.
9605 9606 9607 9608
(3)
(E)
9609 9610 9611 9612 9613 9614 9615 9616 9617 9618 9619 9620 9621 9622 9623 9624 9625 9626 9627 9628 9629 9630 9631 9632 9633
In the case of appeals, the city planner shall forward all records related to the appealed decision as part of a staff report and a summary of their findings in the making of the original decision that is being appealed. Zoning Board of Appeals Hearing and Decision
The zoning board of appeals shall review the application and decide that the request be granted as requested, be granted as modified by the zoning board of appeals, or be denied. The zoning board of appeals shall indicate the specific reasons(s) for its decision. (F)
Appeals The decision by the zoning board of appeals is appealable to the district court within 30 days after receipt of notice of the decision.
5.4.10 Type 7 Review Procedure (Planning Commission Decision) Type 7 review procedure decisions for zoning certificates are made by the planning commission as required in Section 5.5.1, Zoning Certificate. (A)
Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
250
Article 5: DEVELOPMENT PROCEDURES
9634 9635 9636 9637 9638
(B)
Application Submittal The applicant shall submit an application in accordance with Section 5.3, Common Development Review Requirements and all information necessary to indicate compliance with architectural design objectives and standards in Section 3.2.4(D), and Section 3.2.4(E).
9639
(C)
Review by the Development Review Committee
9640 9641 9642 9643 9644
(1)
The city planner shall forward the application to the development review committee for review after the city planner certifies the application is complete (See Section 5.3.3(C)). The development review committee shall include the town architect and others as provided for in Section 4.7.3, Membership.
9645 9646 9647
(2)
If the development review committee is asked to review an application, the committee reviews the application and provides comments back to the city planner.
9648 9649 9650 9651 9652
(3)
(D)
The city planner shall provide the applicant with comments and suggested changes. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the commission meeting. Preparation of Staff Report
9653 9654 9655 9656
(1)
9657 9658 9659 9660 9661 9662 9663
(2)
(E)
9664 9665 9666 9667
(F)
The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee in formulating the recommendation.
A written staff report shall be forwarded to the heritage preservation commission and the contact person listed on the application form at least three days prior to the meeting at which the commission will consider the application. Action by Planning Commission The planning commission shall consider the application at its meeting and shall either approve the request, approve with conditions, or deny the request. Appeal The decision by the planning commission is appealable to the city council (See Section 5.4.8(D), Preparation of Staff Report through Section 5.4.8(F), Appeals).
9668
5.5
Specific Development Review Procedure Requirements
9669 9670 9671 9672 9673
5.5.1
Zoning Certificate (A)
Applicability No building or other structure shall be erected, constructed, re-constructed, enlarged, moved or structurally altered, nor shall any land be used, excavated, or improved until a zoning certificate is issued.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
251
Article 5: DEVELOPMENT PROCEDURES
9674 9675 9676 9677 9678 9679 9680 9681 9682 9683 9684
(B)
Approval Procedure The zoning certificate application may be subject to one of four review procedure types based on the size and scope of the project. The following are the established thresholds for review for each procedural type. The city planner shall have the authority to determine how the zoning certificate application shall be reviewed based on these thresholds.
(1)
Type 1 Review Procedure The following zoning certificate application types shall be subject to the Type 1 review procedure as established in Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)):
9685 9686
(a)
Accessory uses regulated by Section 2.10, Accessory Uses and Structures.
9687 9688 9689 9690 9691
(b)
Changes of use within an existing structure where the use is substantially similar to the existing use or another permitted use under the existing zoning district classification as indicated on the official zoning map and where no expansion of the building is included in the application.
9692 9693
(c)
New single-family and two-family dwellings or additions and modifications of such uses.
9694 9695
(d)
Additions to nonresidential structures of less than 500 square feet.
9696 9697 9698
(e)
The city planner may consult with the town architect to be sure the compatibility standards in Section 3.5, Neighborhood Compatibility Standards, have been met.
9699
(f)
Signs that are not located on a heritage preservation site.
9700 9701
(g)
Registration of pre-existing uses as defined in Section 2.7.2(B)(3), Pre-Existing Uses (PE).
9702 9703 9704 9705 9706
(2)
Type 2 Review Procedure The following zoning certificate application types shall be subject to the Type 2 review procedure as established in Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)):
9707
(a)
New multi-family dwellings of three units or more.
9708 9709
(b)
Any additions or modifications to multi-family dwellings of three units or more.
9710
(c)
Additions to nonresidential structures of 500 square feet or more.
9711
(d)
Parking structures and facilities and parking lots.
9712 9713 9714 9715 9716 9717
(3)
City of Northfield, Minnesota DRAFT 1-13-11
Type 3 Review Procedure Applications for certificates of appropriateness shall be reviewed by the heritage preservation commission through a Type 3 review procedure prior to review for a zoning certificate or site plan review in accordance with Section 5.4.6 Review Procedure (Heritage Preservation Commission Decision). Land Development Code
252
Article 5: DEVELOPMENT PROCEDURES
9718 9719 9720 9721 9722 9723
(4)
Type 7 Review Procedure Applications for zoning certificates shall be reviewed by the planning commission through a Type 7 review procedure for any additions to existing structures or the construction of any new structure on property that is zoned C2-B in accordance with Section 5.4.10, Type 7 Review Procedure (Planning Commission Decision).
9724 9725 9726 9727 9728 9729
(5)
Uses Not Classified The city planner shall have the authority to determine what review type shall be applied to a zoning certificate application for a use or structure not addressed in the above subsections. The decision of the city planner may be appealed to the zoning board of appeals in accordance with Section 5.5.17, Appeals.
9730
(C)
Approval Criteria
(1)
9731 9732
The following criteria shall be considered in the review of a zoning certificate application subject to a Type 1 or Type 2 review procedure:
9733 9734
(a)
The application shall demonstrate full compliance with the applicable requirements of this LDC;
9735 9736 9737
(b)
That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and
9738
(c)
That it provides safe ingress and egress for emergency services.
9739 9740 9741 9742 9743 9744
(2)
(D)
9745
(E)
Zoning certificate applications that are subject to the Type 3 review procedure as established above shall be subject to the review requirements and approval criteria of Section 5.5.6, Site Plan Review. Effect of Zoning Certificate Approval The zoning certificate must be issued prior to the city allowing a building permit to be issued. Expiration
9746 9747 9748 9749 9750 9751
(1)
A zoning certificate shall become void after one year from the date of issuance if a building permit has not been issued. If the use has changed within one year of the date of issuance of the zoning certificate, a new application and certificate shall be required. Construction is deemed to begin when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
9752 9753
(2)
Extensions may be granted if a modified timeline is requested and approved by the city planner.
9754 9755 9756
5.5.2
Temporary Use Permit (A)
Applicability A temporary use permit may be issued for the following reasons:
9757 9758
(1)
To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.
9759 9760
(2)
To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
253
Article 5: DEVELOPMENT PROCEDURES
9761 9762
acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.
9763 9764 9765 9766 9767 9768 9769 9770
(3)
(B)
9771 9772 9773
(C)
To allow a use that is reflective of an anticipated long range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses. Approval Procedure Temporary use permits shall be subject to the Type 1 review procedure as established in Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)). Approval Criteria The following criteria shall be considered in the review of temporary permit applications:
9774 9775 9776
(1)
The use is allowed as a temporary use in the respective zoning district and complies with all of the applicable standards of Section 2.11, Temporary Uses and Structures.
9777 9778
(2)
The date or event that will terminate the use can be identified with certainty.
9779 9780 9781 9782
(3)
(D)
The use will not impose additional unreasonable costs on the public. Termination A temporary use shall terminate on the happening of any of the following events, whichever occurs first:
9783
(1)
The expiration date stated in the permit.
9784
(2)
Upon violation of conditions under which the permit was issued.
9785 9786
(3)
Upon change in the cityâ&#x20AC;&#x2122;s Land Development Code which renders the use nonconforming.
9787 9788 9789
(4)
The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.
9790 9791 9792
(5)
Noncompliance with the removal of the temporary use would make the property owners subject to the penalties listed in Section 4.8, Enforcement and Penalties.
9793 9794 9795 9796 9797 9798 9799 9800 9801 9802 9803 9804
5.5.3
Construction Drawings (A)
Applicability Construction drawings shall be required for all major subdivisions and for some zoning certificate procedures where the city engineer determines that certain stormwater improvements require the submittal and approval of construction drawings.
(B)
Approval Procedure: Construction drawings shall be subject to the Type 1 review procedure as established in Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)), with the exception that the city engineer will be responsible for review and a decision instead of the city planner.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
254
Article 5: DEVELOPMENT PROCEDURES
9805 9806 9807
(C)
Approval Criteria The city engineer shall consider the following in the review of construction drawings:
9808 9809 9810 9811
(1)
9812 9813 9814 9815 9816 9817
(2)
(D)
That the proposed subdivision and related improvements are in full compliance with the provisions of this LDC as it relates to infrastructure, stormwater management, transportation, and other infrastructure improvements; and
That the proposed improvements are in full compliance with the cityâ&#x20AC;&#x2122;s plans, standards, and specifications of the cityâ&#x20AC;&#x2122;s comprehensive transportation plan update and other infrastructure standards adopted by the city, including, but not limited to the comprehensive sanitary sewer plan, comprehensive water plan, and surface water management plan Effect of the City Engineerâ&#x20AC;&#x2122;s Decision
9818 9819 9820
(1)
No grading shall take place on the site until the final plat and development agreement are approved by city council, or a grading permit has been issued.
9821 9822 9823
(2)
No construction or other development activities shall take place on the site until the final plat and development agreement are approved by the city council.
9824 9825 9826 9827 9828
(3)
(E)
For stormwater improvements that are not part of a subdivision application and that require construction drawing approval, no grading, construction, or other development activities shall occur until the construction drawings are approved. Expiration
9829 9830 9831 9832
(1)
Approved construction drawings shall become void after one year from the date of issuance unless construction has begun on the improvements. If no construction has begun, approval of a new set of construction drawings shall be required.
9833 9834
(2)
Extensions may be granted if a modified timeline is requested and approved by the city engineer.
9835 9836
5.5.4
Flood Plain Permit (A)
Applicability
9837 9838 9839 9840
(1)
9841 9842 9843 9844 9845 9846 9847 9848
(2)
(B)
A flood plain permit shall be required prior to the issuance of any building permit and/or zoning certificate in the FP-O district or applicable flood plain/special flood hazard area as determined by the Federal Emergency Management Administration (FEMA).
A flood plain permit shall also be required in conjunction with any conditional use permit or variance in the FP-O district or applicable flood plain/special flood hazard area as determined by the Federal Emergency Management Administration (FEMA). Approval Procedure Flood plain permits shall be subject to the Type 2 review procedure as established in Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
255
Article 5: DEVELOPMENT PROCEDURES
9849 9850 9851
(1)
Prior to granting a zoning certificate or processing an application for a conditional use permit or variance, the city planner shall determine that the applicant has obtained all necessary state and federal permits.
9852 9853 9854 9855 9856
(2)
It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a zoning certificate is issued by the city planner stating that the use of the building or land conforms to the requirements of this section.
9857 9858 9859 9860 9861 9862 9863
(3)
Zoning certificates, building permits, conditional use permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided by Section 4.8, Enforcement and Penalties.
9864 9865 9866 9867 9868 9869
(4)
The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Flood proofing measures shall be certified by a registered professional engineer or registered architect.
9870 9871 9872 9873 9874
(5)
The city planner shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The city planner shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.
9875 9876 9877 9878 9879 9880 9881 9882
(6)
The city planner shall notify, in watercourse alteration situations, adjacent communities and the commissioner of the department of natural resources prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat., Chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
9883 9884 9885 9886 9887 9888 9889 9890 9891 9892 9893
(7)
9894 9895 9896
(C)
As soon as is practicable, but not later than six months after the date such supporting information becomes available, the city planner shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the technical or scientific data. Variances of Flood Requirements Variances of the standards of this section may be heard by the zoning board of appeals but no variance shall have the effect of permitting a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency (FEMA) must be satisfied:
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Variances shall not be issued by the city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. Land Development Code
256
Article 5: DEVELOPMENT PROCEDURES
9897
(2)
Variances shall only be issued by the city upon:
9898
(a)
A showing of good and sufficient cause;
9899 9900
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
9901 9902 9903 9904 9905
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
9906 9907
(3)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
9908
(4)
The city planner shall notify the applicant for a variance that:
9909 9910 9911 9912
(a)
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
9913 9914 9915 9916 9917 9918 9919
(b)
Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.
9920
(D)
Conditional Uses
9921 9922 9923 9924 9925
(1)
The city council shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the city planner who shall forward the application to the planning commission for a public hearing pursuant to the conditional use permit review procedure established in Section 5.5.9, Conditional Use Permit.
9926 9927 9928 9929 9930 9931 9932
(2)
In granting a conditional use permit the city council may prescribe appropriate conditions and safeguards, in addition to those specified in Section 2.9, Use-Specific Standards, that are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section, punishable under Section 4.8, Enforcement and Penalties.
9933 9934 9935
(3)
A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten days of such action.
9936 9937
(4)
Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts:
9938 9939 9940
(a)
City of Northfield, Minnesota DRAFT 1-13-11
Require the applicant to furnish the following information and additional information as deemed necessary for determining the suitability of the particular site for the proposed use:
Land Development Code
257
Article 5: DEVELOPMENT PROCEDURES
9941 9942 9943 9944 9945
(i)
Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and
9946 9947 9948
(ii)
Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
9949 9950 9951 9952 9953 9954
(b)
Transmit one copy of the information described in Subsection 5.5.4(D)(4)(a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.
9955 9956 9957 9958
(c)
Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
9959 9960 9961
(5)
In passing upon conditional use permit applications, the city council shall consider all relevant factors specified in other subsections of this section, the standards of Section 2.5.1, Floodplain Overlay District (FP-O), and:
9962 9963
(a)
The danger to life and property due to increased flood heights or velocities caused by encroachments.
9964 9965 9966
(b)
The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
9967 9968 9969
(c)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
9970 9971 9972
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
9973 9974
(e)
The importance of the services provided by the proposed facility to the city.
9975
(f)
The requirements of the facility for a waterfront location.
9976 9977
(g)
The availability of alternative locations not subject to flooding for the proposed use.
9978 9979
(h)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
9980 9981
(i)
The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
9982 9983
(j)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
9984
(k)
Such other factors that are relevant to the purposes of this LDC.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
258
Article 5: DEVELOPMENT PROCEDURES
9985 9986 9987 9988 9989
(6)
Upon consideration of the factors listed above and the purpose of this section, the city council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:
9990
(a)
Modification of waste treatment and water supply facilities.
9991
(b)
Limitations on period of use, occupancy, and operation.
9992
(c)
Imposition of operational controls, sureties, and deed restrictions.
9993 9994 9995
(d)
Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
9996 9997 9998 9999 10000 10001
(e)
Flood proofing measures, in accordance with the state building code and this section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
10002 10003 10004 10005 10006 10007 10008 10009 10010 10011 10012 10013 10014 10015
5.5.5
Amendments to the PD-O District (A)
Applicability After the effective date of this LDC, no new Planned Unit Development (PUD) Overlay (PD-O) districts may be approved. For PUDs that existed prior to the effective date of this LDC, the approved PUD plans and restrictions shall continue to apply. The purpose of this development procedure is to identify the process an applicant may use to modify any previously approved PUD (See Section 2.5.4, Planned Unit Development Overlay District (PDO)[DISCONTINUED DISTRICT]).
(B)
Classification of Amendments The city planner shall have the authority to classify proposed amendments based on the following thresholds.
(1)
Minor Amendments Minor amendments shall be restricted to those changes that do not:
10016 10017 10018
(a)
Increase or decrease the density or intensity by more than ten percent of the approved density or number of units (residential uses) or building square footage (nonresidential uses);
10019
(b)
Change the overall use; or
10020 10021 10022
(c)
Create changes that will create an increased impact for on- or offsite improvements as determined after development review committee review.
10023 10024 10025
(2)
City of Northfield, Minnesota DRAFT 1-13-11
Major Amendments Major amendments shall be all proposed amendments that are not classified as a minor amendment above.
Land Development Code
259
Article 5: DEVELOPMENT PROCEDURES
10026
(C)
Approval Procedure
10027 10028 10029
(1)
10030 10031 10032 10033 10034 10035 10036 10037 10038
(2)
(D)
Minor amendments shall be subject to the Type 2 review procedure as established in Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)).
Major amendments shall not be approved as part of this LDC. Where a major amendment is requested, the applicant shall comply with the applicable underlying base zoning district or apply for a zoning map amendment (See Section 5.5.14, Text and Zoning Map Amendments) to a different base zoning district that is compatible with the surrounding area. Approval Criteria The following criteria shall be considered in the review of minor PUD amendments:
10039
(1)
The amendment is clearly minor as established in this section;
10040 10041
(2)
The amendment is necessary due to engineering, safety, or some circumstance unforeseen at the time of the original approval; and
10042
(3)
The amendment is consistent with this LDC.
10043 10044 10045 10046 10047
5.5.6
Site Plan Review (A)
Applicability Approval of a site plan is required prior to construction for uses as defined in Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review).
10048 10049 10050 10051
(B)
Approval Procedure Site plan review shall be subject to the Type 2 review procedure as established in Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)).
10052 10053 10054
(C)
Approval Criteria The following standards shall be considered in the review of site plan review applications:
10055
(1)
That it fully complies with all applicable requirements of this LDC;
10056 10057
(2)
That it adequately protects residential uses located on the same property from the potential adverse effects of a non-residential use;
10058
(3)
That it is consistent with the use and character of surrounding properties;
10059 10060
(4)
That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways;
10061
(5)
That it provides safe ingress and egress for emergency services; and
10062 10063 10064 10065
(6)
That it complies with the cityâ&#x20AC;&#x2122;s plans, standards, and specifications of the cityâ&#x20AC;&#x2122;s comprehensive transportation plan update and other infrastructure standards adopted by the city, including, but not limited to the list of plans in Section 5.2.4.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
260
Article 5: DEVELOPMENT PROCEDURES
10066
(D)
Amendments to Approved Site Plans
10067 10068 10069 10070 10071 10072 10073 10074 10075 10076 10077 10078
(1)
After a site plan has been approved and, in the course of carrying out this plan, adjustments or rearrangements of buildings may be requested by the applicants. If the amendment involves changes to 25 percent or less of the original floor area, not to exceed 5,000 square feet, the city planner may approve the amendment after a Type 1 review procedure (See Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)). Such amendment shall be in full compliance with the requirements of this LDC. If the amendment involves changes greater than 25 percent of the original floor area or exceeds 5,000 square feet, the amendment will be subject to a Type 2 review procedure (See Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)).
10079 10080 10081 10082 10083 10084 10085 10086
(2)
The city planner may also review and approve adjustments or rearrangements of items other than buildings, such as drives, parking areas, recreation areas, entrances, heights, yards, signage, landscaping, outdoor lighting, surface water management plan, or similar modifications subject to a Type 2 review procedure (See Section 5.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)). Such amendment shall be in full compliance with the requirements of this LDC.
10087 10088
5.5.7
Heritage Preservation Site Designation (A)
Applicability
10089 10090 10091 10092 10093
(1)
10094 10095 10096 10097 10098 10099 10100 10101
(2)
(B)
The city may, from time to time, determine that certain places, buildings, structures, properties, or district areas or properties within the community are of significance in American history, architecture, archeology, engineering, landscaping, and culture and those locations should be subject to additional review as it relates to this LDC.
An application for heritage preservation site designation may be initiated by the property owner, heritage preservation commission, planning commission, or city council. Approval Procedure Heritage preservation site designation shall be subject to the Type 4 review procedure (See Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision)) as modified herein.
10102 10103 10104 10105 10106 10107 10108
(1)
Reports The city council may direct the city planner or other city staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for designation as a heritage preservation site prior to review as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision).
10109 10110
(2)
Review and Recommendation by the Heritage Preservation Commission and Planning Commission
10111 10112
(a) City of Northfield, Minnesota DRAFT 1-13-11
The heritage preservation commission shall review the application for designation in accordance with the Type 4 review Land Development Code
261
Article 5: DEVELOPMENT PROCEDURES
10113 10114 10115 10116
procedure as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision)) and shall make a recommendation to city council.
10117 10118 10119 10120 10121 10122
(b)
In addition to the approval criteria as established in Section 5.5.7(C), the heritage preservation commission may also refer to the applicable Secretary of the Interior standards, and current procedure as recommended by the state historic preservation office when determining if a site should qualify as a heritage preservation site.
10123 10124 10125 10126 10127 10128 10129
(c)
After the heritage preservation commission has made a recommendation, the planning commission shall review the application for designation in accordance with the Type 4 review procedure as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision) and shall make a recommendation to city council.
10130
(3)
Communication with State Historical Society
10131 10132 10133 10134
(a)
Prior to designating a proposed heritage preservation site, the heritage preservation commission shall forward information concerning the proposed designation to the state historical society for comment within 60 days.
10135 10136 10137
(b)
The recommendation of the heritage preservation commission and decision of city council shall be sent to the state historical society in accordance with applicable state statutes.
10138
(4)
Review and Decision by the City Council
10139 10140 10141 10142 10143
(a)
The city council shall review and make a decision on a heritage preservation site application in accordance with Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision).
10144 10145 10146
(b)
Prior to making a decision, the city council may request a review and recommendation by the planning commission for the designation's conformance with the comprehensive plan.
10147 10148
(c)
The city council shall adopt findings in support of any decision to designate a heritage preservation site.
10149 10150
(d)
The decision of the city council shall be made in the form of an ordinance.
10151 10152 10153 10154 10155
(C)
Approval Criteria The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, landscaping, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
10156 10157
(1)
That are associated with events that have made a significant contribution to the broad patterns of our history; or
10158
(2)
That are associated with the lives of persons significant in our past; or
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
262
Article 5: DEVELOPMENT PROCEDURES
10159 10160 10161 10162
(3)
That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
10163 10164
(4)
That have yielded, or may be likely to yield, information important in prehistory or history; or
10165 10166 10167 10168 10169 10170 10171 10172
(5)
10173 10174 10175 10176 10177 10178 10179 10180
(D)
5.5.8
That have a unique location or singular physical characteristics representing established and familiar aspects of a view, vista, site, area or district in the city. Acquisition of Property The heritage preservation commission may recommend to the city council that certain property eligible for designation as a heritage preservation site be acquired by gift, by negotiation, or other legal means as provided in applicable state statutes.
Heritage Preservation Commission's Certificate of Appropriateness (A)
Applicability Unless otherwise exempted in Section 4.8.3, Exemptions, in the H-O district no zoning certificate or building permit for construction, exterior alteration or rehabilitation, moving, or demolition of a building or structure on a heritage preservation site shall be issued until the project has been submitted to, and received approval of a certificate of appropriateness from the heritage preservation commission.
10181 10182 10183 10184 10185
(B)
Exemption Building permits for work (electrical, interior structural, etc.) on the interior of the structure shall be exempt from the provisions of this section provided that the work for which the building permit is requested will not alter the external appearance or the gross floor area of the structure.
10186 10187 10188 10189 10190
(C)
Approval Procedure Certificates of appropriateness shall be subject to the Type 3 review procedure as established in Section 5.4.6, Type 3 Review Procedure (Heritage Preservation Commission Decision), except that the heritage preservation commission shall be responsible for review instead of the planning commission.
10191 10192 10193 10194
(D)
Approval Criteria The heritage preservation commission shall consider the following in evaluating an application for a certificate of appropriateness for a zoning certificate and/or building permit:
10195
(1)
That it fully complies with all applicable requirements of this LDC;
10196 10197
(2)
That the proposed action is in harmony with the intent of the H-O district;
10198 10199
(3)
That the proposed action would complement other structures within the H-O district;
10200 10201
(4)
That the proposed action is consistent with the Downtown Preservation Design Guidelines; and
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
263
Article 5: DEVELOPMENT PROCEDURES
10202 10203 10204 10205 10206 10207 10208 10209 10210 10211 10212 10213 10214
(5)
(E)
5.5.9
In the case of removal or demolition, that the structure could not be rehabilitated and used for a conforming purpose with reasonable efforts or whether the structure is without substantial historic or architectural significance. Appeals Appeals of the heritage preservation commissionâ&#x20AC;&#x2122;s decision may be made to the zoning board of appeals in accordance with this LDC and state law.
Conditional Use Permit (A)
Applicability Conditional uses are those uses that because of special requirements or characteristics may be allowed in a particular zoning district only after a recommendation by the planning commission, and a decision by the city council
(B)
Approval Procedure
10215 10216 10217 10218 10219 10220 10221
(1)
10222 10223 10224 10225 10226 10227 10228 10229 10230
(2)
10231
(C)
(D)
Conditional use permits in all districts shall be subject to the Type 4 review procedure as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision). Conditional use permits for development in the PTA sub-zone of the CD-S district shall be subject to conditional use procedures as established in Section 5.5.9(B)(2) below.
Conditional use permits in the PTA sub-zone of the CD-S district shall be subject to Type 4 review procedures as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision) where the development review committee membership shall include the town architect. Conditional Use Standards Some conditional uses may be subject to use-specific regulations as established in Article 2: Zoning Districts and Use Regulations. Approval Criteria
10232 10233 10234
(1)
In the approval of a conditional use permit, the city council may impose such conditions as necessary to make the use compatible with other uses allowed in the same district zone or vicinity.
10235 10236
(2)
The following standards shall be applied in the review of conditional use permit applications:
10237 10238
(a)
The proposed use is allowed as a conditional use in the district for which it is proposed as shown in Table 2.7-1;
10239 10240 10241
(b)
The conditional use will be in accordance with the general objectives, or with any specific objective, of the cityâ&#x20AC;&#x2122;s comprehensive plan and this LDC;
10242 10243 10244 10245 10246
(c)
The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
264
Article 5: DEVELOPMENT PROCEDURES
10247 10248
(d)
The conditional use will not be hazardous or reasonably disturbing to existing or future neighboring uses;
10249 10250 10251 10252
(e)
The conditional use will be served adequately by essential public facilities and services such as, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools;
10253 10254
(f)
The benefits of the conditional use outweigh the potential negative effects to the surrounding area or community;
10255 10256
(g)
The conditional use will not create excessive additional requirements at public cost for public facilities and services;
10257 10258 10259 10260
(h)
The conditional use will not involve uses, activities, processes, materials, equipment and conditions or operations that will be detrimental to any persons, property, or the general welfare by reason of excessive traffic, noise, smoke, fumes, glare, or odors;
10261 10262 10263 10264
(i)
The conditional use will not result in the destruction, loss or damage of natural, scenic, or historic features of major importance as may be established in the comprehensive plan or other city plans related to natural, scenic, or historic features.
10265 10266 10267 10268
(j)
The traffic and parking generated by the use will not lower the Levels of Services as described in the comprehensive transportation plan update of intersections within a quarter of a mile of the site.
10269 10270 10271 10272 10273
(k)
In residential districts and the Perimeter Transition Area (PTA) within the college development district, the use is of a similar height, building orientation, massing, setback, and scale as to be compatible with surrounding uses (See Section 3.5, Neighborhood Compatibility Standards, as a guide).
10274 10275 10276
(l)
Impacts such as noise, hours of activity, and outdoor lighting have been sufficiently addressed to mitigate negative impacts on nearby uses.
10277 10278 10279 10280
(m)
Parking is adequately provided for the proposed conditional use, but an excessive number of parking spaces are not proposed. The following information shall be provided as part of the Conditional Use Permit application:
10281 10282 10283 10284
(i)
Number of customers, patients, visitors, or other patrons of the proposed use. Information should also be included detailing the expected parking behavior of these persons (i.e., how long a customer may be expected to be at the facility);
10285
(ii)
Number of full time and part time employees;
10286
(iii) Number and approximate timing of deliveries.
10287 10288
(3)
Conditional uses in the FP-O district are also subject to the conditional use regulations of Section 3.12.10(D), Conditional Uses.
10289 10290
(4)
Conditional uses in the WS-O district are also subject to the conditional use regulations of Section 3.13.9, Conditional Use Permits.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
265
Article 5: DEVELOPMENT PROCEDURES
10291 10292 10293
(E)
10294
Amendments to an Approved Conditional Use Permit Approved conditional use permits may only be amended upon the classification and review of the proposed amendment as follows:
(1)
Minor Amendments
10295 10296 10297 10298 10299 10300
(a)
Minor amendments shall include changes in the site design of the applicable property that do not affect neighborhood compatibility or the public health, safety or welfare, and that do not violate any of the provisions of this LDC or the conditions attached to the conditional use permit. The city planner shall notify the planning commission of the minor amendment approval.
10301 10302 10303 10304 10305 10306
(b)
The city planner may review and make a decision on a minor amendment, and consult with members of the development review committee, if appropriate, as part of a Type 1 review procedure as established in Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)).
10307 10308 10309
(c)
The city planner may determine that a proposed minor amendment qualifies as a major amendment, requiring approval in accordance with Subsection (2) below.
10310 10311 10312
(2)
Major Amendments Major amendments shall include all changes that are not classified as minor amendments above.
10313 10314 10315 10316 10317 10318
(3)
Accessory Uses to a Conditional Use Uses and structures that are accessory to a conditional use shall be allowed in accordance with Section 2.10, Accessory Uses and Structures, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval.
10319
(F)
Effect of City Council Decision
10320 10321 10322 10323
(1)
A conditional use permit shall authorize a particular conditional use on a specific parcel for which it was approved. A change of use from one permitted conditional use to another shall require a new application and approval pursuant to this section.
10324 10325 10326
(2)
The conditional use permit is non-assignable and shall expire one year from the date of approval unless the applicant has applied for and received a building permit.
10327 10328 10329
(3)
An approved conditional use may continue in operation, regardless of ownership or ownership changes, provided the use meets all the standards and conditions of approval.
10330 10331
(4)
Authorizes construction according to the approved construction drawings approved pursuant to Section 5.5.3, Construction Drawings.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
266
Article 5: DEVELOPMENT PROCEDURES
10332 10333 10334 10335 10336 10337 10338
5.5.10 Adjacent Parcel Land Conveyance (A)
Purpose The purpose of the procedure is to allow for the conveyance of small, nonbuildable areas of land from one lot to an adjacent lot without creating any new nonconformities and where such minor changes do not call for the submission and approval of a minor or major subdivision plat.
(B)
Applicability
10339 10340
(1)
10341 10342 10343 10344 10345 10346 10347
(2)
10348 10349 10350
(C)
(D)
An adjacent parcel land conveyance is a situation when a portion of a platted lot will be conveyed to an adjacent lot.
This procedure shall only be utilized when compliance with the minor subdivision or major subdivision procedures would create an unnecessary financial hardship. Approval Procedure Adjacent parcel land conveyance shall be subject to the Type 1 review procedure as established in Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)). Approval Criteria The following criteria shall be considered in the review of adjacent parcel land conveyance:
10351 10352 10353
(1)
The land conveyance will not create any new nonconformities beyond those that exist prior to the application and which will not be corrected by the adjustment; and
10354 10355
(2)
The land conveyance is in compliance with the requirements of this LDC; and
10356 10357 10358
(3)
The parcel being conveyed shall not be a buildable parcel according to the dimensional requirements of the zoning district in which the parcel is located.
10359 10360 10361 10362
5.5.11 Minor Subdivision or Lot Consolidation (A)
Applicability A minor subdivision is a lot division or lot consolidation that meets the following requirements:
10363 10364
(1)
The subdivision or consolidation shall not result in or create more than three parcels, including the remainder of the original parcel;
10365 10366 10367
(2)
All parcels resulting from the minor subdivision or lot consolidation shall have frontage and access on an existing improved street and shall not require the construction of any new street; and
10368 10369 10370 10371
(3)
10372 10373 10374 10375
(B)
Any such subdivision or consolidation shall not require any public improvements, with the exception of sidewalks, bike paths or trails, and does not include conveyance of an interest in real property to the city. Approval Procedure
(1)
City of Northfield, Minnesota DRAFT 1-13-11
Minor subdivisions and lot consolidations shall be subject to the Type 5 review procedure as established in Section 5.4.8, Type 5 Review Procedure (Decision by City Council with No Review by Planning Commission). Land Development Code
267
Article 5: DEVELOPMENT PROCEDURES
10376 10377 10378 10379 10380 10381 10382 10383
(2)
(C)
In addition to the review procedure set forth above, all minor subdivision or lot consolidation applications shall be submitted to the state and county highway departments (if adjacent to a state or county highway) prior to submission of an application. A comment letter from these entities shall be required as part of the application. Approval Criteria The following criteria shall be considered in the review of minor subdivisions and lot consolidations:
10384 10385
(1)
The subdivision or consolidation is in general compliance with the comprehensive plan.
10386 10387
(2)
The subdivision or consolidation meets the purpose and intent of this LDC.
10388 10389 10390 10391 10392
(3)
Unless prior or concurrent approval of a variance is granted, any such minor subdivision or consolidation shall result in lots that meet the dimensional requirements for the zoning district in which the property is located, or shall not further increase the nonconformity of any lot dimension or structure.
10393 10394 10395
(4)
The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas.
10396 10397 10398 10399
(5)
The subdivider shall comply with the park dedication (See Section 3.11.6, Park, Trails, and Open Space Dedication), tree preservation (See Section 3.6.6, Tree and Woodland Preservation), and wetland buffer regulations, as required for a major subdivision.
10400 10401 10402 10403 10404 10405 10406 10407 10408
5.5.12 Major Subdivision (A)
Applicability Subdivision applications that do not meet the definition of a minor subdivision (See Section 5.5.11, Minor Subdivision or Lot Consolidation) shall be subject to review as a major subdivision. The review of major subdivisions is divided into three distinct steps: preliminary plat approval, construction drawings approval, and final plat approval.
(B)
Preliminary Plat
(1)
Approval Procedure
10409 10410 10411 10412
(a)
Preliminary plats shall be subject to the Type 4 review procedure as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision).
10413 10414 10415 10416 10417 10418 10419
(b)
In addition to the review procedure set forth above, all major subdivision preliminary plat applications shall be submitted to the park and recreation advisory board and the state and county highway departments (if adjacent to a state or county highway) prior to submission of an application. A comment letter from these entities shall be required as part of the preliminary plat submission.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
268
Article 5: DEVELOPMENT PROCEDURES
10420 10421 10422
(2)
Approval Criteria The planning commission and city council shall consider the following in the review of a preliminary plat:
10423 10424
(a)
That the proposed subdivision is in full compliance with the provisions of this LDC;
10425 10426 10427 10428
(b)
That the proposed subdivision is in accordance with the general objectives, or with any specific objective, of the cityâ&#x20AC;&#x2122;s comprehensive plan, capital improvements program, or other city policy or regulation;
10429 10430 10431 10432 10433
(c)
That the physical characteristics of the site, including but not limited to topography, vegetation, susceptibility to erosion and sedimentation, susceptibility to flooding, water storage, and retention, are such that the site is suitable for the type of development or use contemplated;
10434 10435
(d)
That the site is physically suitable for the intensity or type of development or use contemplated;
10436 10437 10438
(e)
That the design of the subdivision or the proposed improvements is not likely to cause substantial and irreversible environmental damage;
10439 10440 10441
(f)
That the design of the subdivision or the type of improvements will not be detrimental to the health, safety, or general welfare of the public; and
10442 10443 10444 10445
(g)
That the design of the subdivision or the type of improvement will not conflict with easements on record, unless those easements are vacated, or with easements established by judgment of a court.
10446
(3)
Effect of the City Councilâ&#x20AC;&#x2122;s Decision
10447 10448 10449 10450
(a)
No construction or other development activities shall take place on the site until the final plat and development agreement are approved by the city council, except that grading may occur if a grading permit has been issued.
10451 10452 10453 10454
(b)
For one year following preliminary plat approval, unless the subdivider and city agree otherwise, no amendment to the comprehensive plan or this LDC shall apply to or affect the use, development density, lot size, or lot layout that was approved.
10455
(4)
Expiration of Preliminary Plat Approval
10456 10457 10458 10459 10460
(a)
Unless the city council specifically approves a different time period as part of the preliminary plat approval, the approval of a preliminary plat shall expire one year from the date it was approved, unless the applicant has filed a complete application for approval of a final plat; or
10461 10462 10463 10464
(b)
The applicant may request an extension of the expiration date if they submit a written request. The city council may approve one extension of not more than three years. Such written request shall include the following:
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
269
Article 5: DEVELOPMENT PROCEDURES
10465
(i)
An explanation for why a final plat has not been applied for;
10466 10467
(ii)
What, if any, good faith efforts have been made to complete the platting process;
10468
(iii)
The anticipated completion date; and
10469 10470
(iv)
Listing of any new requirements in this LDC, that the plat is subject to, since the preliminary plat was approved.
10471 10472 10473
(C)
Construction Drawings Approval Construction drawings shall be submitted and approved as established in Section 5.5.3, Construction Drawings, at the time of the final plat submission.
10474
(D)
Final Plat
10475
(1)
Approval Procedure
10476 10477 10478
(a)
Final plats shall be subject to the Type 5 review procedure as established in Section 5.4.8, Type 5 Review Procedure (Decision by City Council with No Review by Planning Commission).
10479 10480 10481 10482 10483
(b)
Approval of a final plat and any related development agreement shall require passage by a majority vote of the city council. The city council may require such revisions in the final plat as it deems necessary for the health, safety, general welfare and convenience of the city.
10484 10485 10486
(c)
If a final plat is denied by the city council, the findings for such action shall be recorded in the council proceedings and transmitted to the applicant.
10487 10488
(2)
Approval Criteria The city council shall consider the following in the review of a final plat:
10489 10490
(a)
Construction drawings have been reviewed and approved by the city engineer;
10491 10492
(b)
A development agreement has been prepared and submitted as part of the final plat application;
10493 10494 10495 10496
(c)
The final plat is in substantial compliance with the approved preliminary plat and any conditions on the preliminary plat approval, and any changes of note reported to the city council; and
10497 10498
(d)
The final plat complies with all other applicable standards in this LDC and state law.
10499 10500 10501 10502 10503
(3)
City of Northfield, Minnesota DRAFT 1-13-11
Effect of City Councilâ&#x20AC;&#x2122;s Decision For two years following final plat approval, unless the subdivider and city agree otherwise, no amendment to the comprehensive plan or this LDC shall apply to or affect the use, development density, lot size, or lot layout that was approved.
Land Development Code
270
Article 5: DEVELOPMENT PROCEDURES
10504 10505 10506 10507 10508 10509 10510 10511 10512 10513
(4)
Recording of the Final Plat If the final plat is approved and signed by the mayor and city clerk, the subdivider shall record the final plat within six months with the appropriate county recorder. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the city council and endorsed by the mayor and city clerk in writing on the plat. If the plat is not recorded with the appropriate county, the city council shall revoke the final plat.
5.5.13 Comprehensive Plan Amendment (A)
Applicability
10514 10515
(1)
This section outlines the procedural requirements for the amendment of the comprehensive plan.
10516 10517
(2)
An amendment of the comprehensive plan may be initiated by the planning commission or city council or proposed by city staff.
10518 10519
(3)
A resident of Northfield or property owner of land within the city may submit a request to amend the comprehensive plan as follows:
10520 10521 10522
(a)
The city council will review the request and provide direction to the planning commission as to whether the request warrants further study.
10523 10524 10525
(b)
The planning commission will consider the request, based on the criteria in Section 5.5.13(C), Comprehensive Plan Amendment, and make one of the following recommendations:
10526
(i)
To initiate the requested comprehensive plan amendment;
10527
(ii)
To initiate a modified comprehensive plan amendment; or
10528
(iii)
To not initiate a comprehensive plan amendment.
10529 10530 10531 10532 10533
(B)
Approval Procedure Amendments to the comprehensive plan shall be subject to the Type 4 review procedure as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision).
10534 10535 10536 10537 10538
(C)
Approval Criteria The planning commission and city council shall review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision on the amendment based on, but not limited to, consideration of the following criteria:
10539 10540 10541
(1)
Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the adoption of the comprehensive plan;
10542 10543
(2)
Whether the proposed amendment is consistent with the policy foundation of the comprehensive plan;
10544 10545
(3)
Whether and the extent to which the proposed comprehensive plan amendment addresses a demonstrated community need;
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
271
Article 5: DEVELOPMENT PROCEDURES
10546 10547
(4)
Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public;
10548 10549 10550
(5)
Whether the proposed amendment will result in significant mitigation of adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife habitat, water quality, and vegetation;
10551 10552 10553 10554 10555
(6)
Whether the proposed comprehensive plan amendment is compatible with existing and proposed plan context zones as established in the plan, or the proposed amendment will maintain or improve compatibility among context zones and will ensure efficient development within the city; and
10556 10557
(7)
Whether the proposed comprehensive plan amendment will result in a logical and orderly development pattern.
10558 10559
5.5.14 Text and Zoning Map Amendments (A)
Applicability
10560 10561
(1)
10562 10563 10564 10565 10566 10567 10568 10569 10570
(2)
10571 10572 10573 10574 10575
(B)
(C)
This section outlines the procedural requirements for the amendment of the text of this LDC and the official zoning map.
An amendment of the text of this LDC or the official zoning may be initiated by the planning commission or city council, proposed by city staff, or initiated by the property owner or authorized agent of property for which the amendment is sought. Approval Procedure Amendments to text of this LDC or official zoning map shall be subject to the Type 4 review procedure as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision). Approval Criteria The planning commission and city council shall review the necessary submittal requirements, facts, and circumstances of the proposed amendment and make a recommendation and decision on the application based on, but not limited to, consideration of the following criteria:
10576 10577 10578
(1)
The specific policies, goals, objectives, and recommendations of the comprehensive plan and other city plans, including public facilities and the capital improvement plans.
10579 10580
(2)
The purpose and intent of this LDC, or in the case of a map amendment, it meets the purpose and intent of the individual district.
10581
(3)
The adequacy of infrastructure available to serve the proposed action.
10582 10583
(4)
The adequacy of a buffer or transition provided between potentially incompatible districts.
10584 10585 10586 10587
5.5.15 Annexation (A)
Applicability
(1)
City of Northfield, Minnesota DRAFT 1-13-11
This section outlines the procedural requirements for the review of annexation requests submitted by property owners.
Land Development Code
272
Article 5: DEVELOPMENT PROCEDURES
10588 10589 10590 10591
(2)
10592 10593 10594 10595 10596 10597 10598
(3)
(B)
This section does not preclude the city from annexing land by any other method available under Minnesota State Law and for reasons other than the specified request, nor shall it be construed to require the city to annex any land at any time.
The applicant shall submit information for the proposed annexation that will assist in the evaluation of the fiscal and infrastructure impacts to the city. Approval Procedure Annexations shall be subject to the Type 4 review procedure as established in Section 5.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision).
10599 10600 10601 10602 10603
(C)
Approval Criteria The planning commission and city council shall review the necessary submittal requirements, facts, and circumstances of the proposed annexation and make a recommendation and decision on the application based on the cityâ&#x20AC;&#x2122;s annexation policy.
10604
(D)
Effects of the City Councilâ&#x20AC;&#x2122;s Decision
10605 10606 10607
(1)
If , the city council does not approve the proposed annexation, written notice of the decision shall be sent to the applicant stating the reasons for denial.
10608 10609 10610
(2)
If the city council approves annexation of all or part of the land requested to be annexed and the applicant wishes to proceed with the annexation as approved in an orderly annexation proceeding:
10611 10612 10613 10614 10615 10616 10617 10618 10619
(a)
The city council shall direct the staff to negotiate and draft a joint resolution for orderly annexation with the appropriate township board. Joint resolutions for orderly annexation approved under this article shall be subject to statutory and other negotiated conditions applicable to such annexation. Such conditions may include, but are not limited to, timetables for annexation of all or portions of the area covered by the joint resolution and mechanisms for initiating or triggering annexation of particular lands under the joint resolution.
10620 10621 10622 10623 10624
(b)
The joint resolution for orderly annexation shall be presented to the city council and the appropriate township board for approval. Failure of the city council and the township board to reach agreement on a joint resolution for orderly annexation shall terminate the orderly annexation process.
10625 10626 10627 10628 10629 10630 10631
(c)
If the joint resolution for orderly annexation is approved by the city council, appropriate township board, and the Minnesota Office of Administrative Hearings, Municipal Boundary Adjustments, the applicant may pursue development of the land under the terms of the orderly annexation agreement, consistent with the annexation application as approved and other applicable development regulations.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
273
Article 5: DEVELOPMENT PROCEDURES
10632 10633
5.5.16 Variance (A)
Applicability
10634 10635 10636
(1)
10637 10638
(2) (B)
Pursuant to Minnesota Statutes, use variances are prohibited. Approval Procedure
10639 10640 10641
(1)
10642 10643 10644
(2)
(C)
10645 10646
A variance is a request to deviate from the requirements established by this LDC where strict enforcement would prevent full compliance and cause undue hardship because of circumstances unique to the property .
Variances shall be subject to the Type 6 review procedure as established in Section 5.4.9, Type 6 Review Procedure (Quasi-Judicial Decision by the Zoning Board of Appeals).
The zoning board of appeals may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Approval Criteria
(1)
The following shall be considered and weighed by the zoning board of appeals in reviewing variances:
10647 10648 10649
(a)
The strict enforcement of the literal provisions of this LDC would cause undue hardship because of circumstances unique to the individual property under consideration;
10650 10651
(b)
The granting of a variance would be in keeping with the spirit and intent of this LDC;
10652
(c)
Undue hardship means:
10653 10654
(i)
The property in question cannot be put to a reasonable use if used under conditions allowed by this LDC; or
10655 10656
(ii)
The plight of the landowner is due to circumstances unique to the property not created by the landowner; or
10657 10658
(iii)
The variance, if granted, will not alter the essential character of the locality; or
10659
(iv)
Inadequate access to direct sunlight for solar energy systems.
10660 10661
(d)
Economic considerations alone shall not constitute an undue hardship if reasonable uses exist under the terms of this LDC;
10662 10663 10664
(e)
Variances shall be granted for earth shelter construction as defined in Minn. Stat. ยง216C.06, subd. 14 when in harmony with this LDC;
(2)
10665 10666 10667 10668 10669 10670 10671 10672
Variances in the FP-O district are also subject to the variance regulations of Section 3.12.10(C), Zoning Board of Appeals.
5.5.17 Appeals (A)
Applicability This section sets out the procedure to follow when a person claims to have been aggrieved or affected by an administrative decision of the city planner, city staff responsible for the administration and enforcement of this LDC, or an administrative decision made by the heritage preservation commission.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
274
Article 5: DEVELOPMENT PROCEDURES
10673 10674 10675 10676
(B)
Approval Procedure Appeals shall be subject to the Type 6 review procedure as established in Section 5.4.9, Type 6 Review Procedure (Quasi-Judicial Decision by the Zoning Board of Appeals).
10677 10678 10679 10680 10681 10682
(C)
Approval Criteria An order, requirement, decision, or determination shall not be reversed or modified unless there is competent material, and substantial evidence in the record that the order, requirement, decision, or determination fails to comply with either the procedural or substantive requirements of this LDC, state law, or federal law.
10683
(D)
Provisions Specific to Appeals
10684 10685
(1)
A majority vote of all voting members of the zoning board of appeals shall be required to overturn a decision.
10686 10687 10688
(2)
The zoning board of appeals shall make its determination concerning any matter within 60 days of complete submission of the matter to the zoning board of appeals.
10689 10690
(3)
A copy of the decision of the zoning board of appeals shall be sent by mail to the applicant seeking the appeal.
10691 10692 10693 10694 10695 10696 10697
5.5.18
Code Interpretation (A)
Applicability Some terms or phrases within this LDC may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the text of this LDC where other provisions (e.g., Section 1.6, Relationship to Existing Ordinances) do not provide resolution.
(B)
Code Interpretation Procedure
10698 10699 10700
(1)
Requests A request for a code interpretation shall be made in writing to the city planner.
10701 10702 10703 10704 10705 10706 10707 10708
(2)
Decision to Issue Interpretation The city planner shall have the authority to interpret this LDC or refer the request to the zoning board of appeals for its interpretation. The city planner shall advise the person making the inquiry in writing as soon as practicable. Within 14 days after the request is made, the city planner will advise, in writing, to the person making the inquiry of the city plannerâ&#x20AC;&#x2122;s decision on the interpretation or the decision to forward the interpretation request to the zoning board of appeals for review.
10709 10710 10711 10712
(3)
Written Interpretation If the city planner decides or is requested to issue a written interpretation, it shall be mailed or delivered to the person requesting the interpretation. The written interpretation shall be issued within 14 days of the request.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
275
Article 5: DEVELOPMENT PROCEDURES
10713 10714 10715 10716 10717 10718 10719 10720 10721 10722
(4)
(C)
Procedure Initial code interpretations shall be subject to the Type 1 review procedure as established in Section 5.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review). If the city planner decides to forward the request to the zoning board of appeals for interpretation, such review shall be subject to a Type 6 review procedure as established in Section 5.49, Type 6 Review Procedure (Quasi-Judicial Decision by the Zoning Board of Appeals)).
Interpretations on File The city shall keep on file a record of all written code interpretations.
10723
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
276
Article 6: Definitions
10724 10725
6.1
Rules of Construction and Interpretation
10726 10727 10728
6.1.1
Intent
10729 10730 10731 10732
6.1.2
10733 10734 10735 10736 10737
6.1.3
10738 10739 10740 10741 10742
6.1.4
10743 10744 10745
6.1.5
10746 10747 10748 10749 10750
6.1.6
10751 10752 10753
6.1.7
10754 10755 10756
6.1.8
10757 10758
6.1.9
10759 10760 10761 10762
All provisions, terms, phrases, and expressions contained in this LDC shall be construed according to this LDC’s stated purpose and intent.
Lists and Examples Unless otherwise specifically indicated, lists of items or examples that use terms such as including, such as, or similar language are intended to provide examples, and not to be exhaustive lists of all possibilities.
Computation of Time Unless the terms of a specific provision state otherwise (e.g., some provisions specify “business days”), periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays, and other non-business/working days; however, if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded.
References to Other Regulations, Publications, and Documents Whenever reference is made to an ordinance, resolution, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, statute, or document or to the relevant successor document, unless otherwise expressly stated.
Public Officials and Agencies All public officials, bodies, and agencies to which references are made are those of the City of Northfield, unless otherwise expressly stated.
Delegation of Authority Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.
Technical Words Technical words and phrases not otherwise defined in this LDC that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Mandatory and Discretionary Terms The word “shall” and “will” are always mandatory, and the words “may” or “should” are always permissive.
Conjunctions Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: (A) (B)
“And” indicates that all connected items, conditions, provisions, or events shall apply; and “Or” indicates that one or more of the connected items, conditions, provisions, or events shall apply.
City of Northfield, Minnesota DRAFT 11-24-10
Land Development Code
277
Article 6: DEFINITIONS
10763 10764 10765 10766
6.1.10 Tense and Usage
10767 10768
6.1.11 Gender
10769 10770 10771
6.1.12 Meaning
10772 10773 10774
6.1.13 Other Terms Not Defined
10775 10776 10777
6.1.14 Additional Definitions within this LDC
10778 10779
6.2
Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular. The masculine shall include the feminine, and vice versa. For the purpose of this LDC, words and phrases shall have the meanings set forth in this article, or, for use categories and use types, as specified in Section 2.8, Use Definitions. Words and phrases not otherwise defined in this LDC shall be construed according to the common and approved usage of American English. There are additional definitions located in Section 2.8, Use Definitions, that are intended to define specific uses of property within this LDC.
Definitions
Abutting or Adjacent The land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement, or street.
Accessory Dwelling Unit A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities that is located as part of a detached garage.
Accessory Structure A subordinate building or other subordinate structure including but not limited to garages, sheds, accessory dwelling units, or swimming pools, the use of which is clearly subordinate to the use of the principal building.
Adult Establishment Any establishment in which an adult use comprises more than ten percent of the floor area of the establishment in which it is located or more than 20 percent of the gross receipts in any month for the entire business operation.
Affordable Housing Owner or renter occupied housing where the annual mortgage or annual rent plus the cost of utilities does not exceed 30% of gross household income.
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. City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
278
Article 6: DEFINITIONS
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, Directional Also known as a panel antenna, means an antenna that transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.
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.
Antenna, Omnidirectional An antenna that transmits and/or receives radio frequency signals in a 360 degree radial pattern. For the purpose of this LDC, an omnidirectional antenna is up to 15 feet in height and up to four inches in diameter.
Antenna, Parabolic Also known as a satellite dish antenna, means any device incorporating a reflective surface that is solid, open mesh, or bar configured and that is a shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern. This definition is meant to include but is not limited to what are commonly referred to as “satellite earth stations”, “TVROs (television receive only)” and “satellite microwave antennas.”
Antenna, Portable Any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.
Antenna, Vertical A vertical-type antenna without horizontal cross sections greater than one-half inch in diameter.
Appeal A request for review of an administrative interpretation or decision made in relation to this LDC.
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.
Arbor A framework, typically made of latticework, supporting climbing plants.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
279
Article 6: DEFINITIONS
Art, Public The term public art properly refers to work of art in any media to improve the public realm and contribute to place, character and identity that has been planned and executed with the specific intention of being sited or staged in the physical public domain, and available to all.
Automated Teller Machine (ATM) An automated device that performs banking or financial functions at a location remote from the controlling bank or financial institution.
Bars, Taverns and Nightclubs Any building or structure devoted primarily to the selling, serving or dispensing and drinking of malt, vinous, or other alcoholic beverages in which the serving of food may occur incidental to the consumption of such alcoholic beverages.
Base The structural elements, design features, and materials associated with the first floor elevation of a building faรงade.
Base Flood The flood having a one percent chance of being equaled or exceeded 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. Also, any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
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.
Building Area Ratio The area of a lot covered by the footprint of a principal building, detached garage, and covered porches, expressed as a percentage of the total lot area.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
280
Article 6: DEFINITIONS
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 Placement The actual location of an existing building on a property.
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 heritage preservation commission which evidences approval of activities proposed for a heritage preservation site.
City City of Northfield, unless otherwise noted.
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 LDC.
Clearcutting The entire removal of a stand of vegetation.
Clinic A building, or part of a building, where persons are cared for on an outpatient basis.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
281
Article 6: DEFINITIONS
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.
Commissioner of Natural Resources The Minnesota Department of Natural Resources Commissioner.
Comprehensive Plan The Comprehensive Plan of Northfield, Minnesota adopted on November 17, 2008.
Construction Drawings Drawings and specifications prepared by a registered engineer showing how a specific improvement, submitted as part of a development review application, is to be constructed.
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, Attached A deck structure attached to the principal structure, and intended for use during the summer months, but does not include a roof and/or walls.
Deck, Detached A freestanding deck that is an accessory use of the principal structure, intended for use during the summer months, but does not include a roof and/or walls.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
282
Article 6: DEFINITIONS
Density The number of dwelling units per gross acre of land. Gross density shall be the total number of dwelling units as divided by the gross area of a site (including public right-of-way, easements, etc.). Net density shall be the total number of dwelling units divided by the gross area of the site minus any land used for easements and/or rights-of-way.
Development Any manmade change to improved or unimproved land, including but not limited to the construction of buildings or other structure, mining, dredging, filing, grading, paving, excavation, or drilling.
Development Agreement A contract entered into between the city council and a subdivider related to subdivisions and related improvements as outlined in Section 3.10.4, Development Agreement Required.
DNR The Minnesota Department of Natural Resources.
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.
Equal Degree of Encroachment A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream and are capable of conveying a proportionate share of flood flows.
Equipment Building, Shelter or Cabinet A cabinet or building used by telecommunication providers to house equipment at a facility.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
283
Article 6: DEFINITIONS
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.
Façade, Primary The front face of a building which faces the front yard and is located nearest the front property line. An attached garage is not a component of the primary façade.
Façade, Recessed That portion of a building which faces the front yard and is set back from the front property line a distance greater than that of the primary façade.
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.
Family A person living alone or any of the following groups living together as single, non-profit, housekeeping unit sharing common living, sleeping, cooking, and eating facilities:
Any number of people related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship. Two unrelated people. Two unrelated people and any children related to either of them. Not more than the number of people who are allowed in a licensed residential facility as provided for in Minnesota statutes.
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, 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. City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
284
Article 6: DEFINITIONS
Flood A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
Flood frequency The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
Flood Fringe That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Northfield.
Flood Plain The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
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 bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
Floor Area, Gross The sum of the gross horizontal areas of 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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
285
Article 6: DEFINITIONS
Frontage, Building The length of an enclosed building facing a public or private street. When a business does not front a public right-of-way, the city planner shall designate the building frontage. In structures with more than one business, the frontage of each business shall be calculated separately in determining its sign area (See Figure 6-1).
Frontage, Street The distance for which the front boundary line of the lot and the street line are coincident (See Figure 61).
Figure 6-1: Illustration of building frontage versus street frontage.
Garage A 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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
286
Article 6: DEFINITIONS
Grid Street Pattern A network of parallel and perpendicular streets intersecting at approximately 90-degree angles, forming rectangular blocks of land (See Figure 6-2).
Figure 6-2: Illustration of Grid Street Pattern
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, 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 Transportation Plan.
Home Business A business, occupation, or profession for financial gain or profit that is incidental to and carried on within a dwelling unit located on a lot by resident occupants of the dwelling unit and which occupation is clearly incidental to and accessory to the residential use of the property.
Housekeeping Unit One or more persons occupying a dwelling unit and living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a bed and breakfast establishment, hotel, or motel.
HPC The City of Northfield Heritage Preservation Commission.
Hub (WET) The center of the rotor that is part of a WET, to which the blades are attached.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
287
Article 6: DEFINITIONS
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.
Levels of Service (LOS) In regard to transportation planning, is a measure of the quality of traffic flow that uses qualitative measures to characterize operational conditions with a traffic stream and their perception by motorists. Six LOS are defined for roadways: A, B, C, D, E, and F with LOS A representing the best operating conditions and LOS F representing the worst.
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.
Live Work A structure or a portion of a structure that combines a commercial activity allowed in the zone with a residential living space for the owner of the commercial business or the ownerâ&#x20AC;&#x2122;s employee and that personâ&#x20AC;&#x2122;s household. The resident owner or employee of the business is responsible for the commercial activity performed within the structure.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
288
Article 6: DEFINITIONS
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 â&#x20AC;&#x153;property line.â&#x20AC;?
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 this LDC.
Lot Width The horizontal distance between the side lot lines as measured in accordance with Section 3.1.4, Lot Width Measurements (See Figure 6-3).
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
289
Article 6: DEFINITIONS
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 6-3)
Figure 6-3: 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 6-3).
Lot, Interior A lot that has a single street frontage, a rear lot line, and at least two side lot lines (See Figure 6-3).
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 6-3).
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. ยง327.31, subd. 6.
Manufactured Home Park Any site, lot, field, or tract of land upon which two or more manufactured homes are located and includes any building, structure, vehicle, or enclosure intended for use as a part of the equipment of such manufactured home park (See also Minn. Stat. ยง327.14, Subd. 3). City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
290
Article 6: DEFINITIONS
Manufactured Home Stand The part of an individual manufactured home lot that has been reserved for placement of the manufactured home, appurtenant structures, or additions.
Maximum Extent Feasible That no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize the potential harm or adverse impacts have been undertaken. Economic considerations may be taken into consideration.
Medium-Scale Wind Energy Turbine (MWET) Wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, whose total height is between 75 feet and 130 feet above natural grade. MWETs shall have a rated capacity in excess of 60 KW, be intended primarily to produce energy for on-site power consumption and reduce the need to purchase utility power from the grid, and have the ability to sell power back to the grid.
Menu Board Any signage pertaining to items, goods, or services offered by a drive-through business.
Metes and Bounds 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.
Minor Subdivision Lot division or consolidation which results in three or less parcels as described in Section 5.5.11, Minor Subdivision or Lot Consolidation.
Miscellaneous Adult Use Any establishment, business, or service whose products or services are substantially or significantly distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
Mixed Use A building or tract of land developed or used for two or more different uses, including but not limited to, residential, office, manufacturing, retail, public, entertainment, or other uses.
Mobile Home See definition of â&#x20AC;&#x153;Manufactured Home.â&#x20AC;?
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
291
Article 6: DEFINITIONS
Modified Grid Street Pattern A network of streets that is similar to a grid street pattern, except that it is modified to incorporate curves or offsets in roadways, diagonally directed streets. This pattern may be used in areas where the roadway design must be sensitive to topography, existing development, other pre-existing constraints, or other planned non-residential features of the subdivision such as parks or open spaces (see Figure 6-4).
Figure 6-4: Illustration of a Modified Grid Street Pattern
Modular Home A structure not built on-site, but which is placed on a permanent foundation and meets the state building 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.
Open Space Open areas, including parks, nature areas, playgrounds, and trails. This does not include holding ponds, streets, driveways, or parking areas.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
292
Article 6: DEFINITIONS
Ornamental Shrub A deciduous shrub with visual appeal through flowers, fruit, leaf color, or fall colors.
Ornamental Tree A small to medium tree with an 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 or Furnaces 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.
Pergola A horizontal trellis or framework, supported on posts, that carries climbing plants and may form a covered walk. 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.
Porch A one-story, enclosed or unenclosed entrance to a building, with a separate roof, that is not used for livable space.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
293
Article 6: DEFINITIONS
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 2.8.7, 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 state building code that provides access to a building.
Reach A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
Recreational Vehicle A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this division, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.
Regional Flood A flood that is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
294
Article 6: DEFINITIONS
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.
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 sun’s rays with each pass of a rotor blade.
Shed A detached accessory building used primarily for storage purposes.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
295
Article 6: DEFINITIONS
Shoreland Land located within the following distances from public waters: ď&#x201A;ˇ ď&#x201A;ˇ
1,000 feet from the ordinary high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances and when approved by the commissioner of natural resources.
Sidewalk A pedestrian walkway within a right-of-way of a public street but not on the street surface.
Sign Any letter, figure, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise and painted, printed, or constructed and displayed in any manner whatsoever out-of-doors for recognized advertising purposes. However, this shall not include any official court or public notices nor the flag, emblem, or insignia of a government, school, or religious group when displayed for official purposes.
Sign Area The entire area within a continuous perimeter enclosing the limits of the sign message and background, or sign message in the case of individual letters and symbols (See Section 3.7.4, Computations).
Sign Copy Any graphic, word numeral, symbol, insignia, text, sample, model, device or combination thereof which is primarily intended to advertise, identify, or notify.
Sign Face The area or display surface used for the message.
Sign Height The vertical distance measured from the lowest adjacent grade to the highest point of the sign or sign structure.
Sign, Awning A sign that is painted on or attached to an awning. An awning is defined as a canopy or covering structure projecting from and attached to a building.
Sign, Billboard Any sign that advertises or otherwise directs attention to an activity not on the same lot where the sign is located.
Sign, 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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
296
Article 6: DEFINITIONS
Sign, Inflatable Any sign or inflatable device of more than two cubic feet in capacity designed to be filled with air or gas lighter than air, used singly or in clusters, displayed to attract the attention of the public. This definition shall include balloons and balloon signs. Inflatable signs may contain an advertised message. Sign, Kiosk A sign of a permanent nature that provides public service information such as: maps; location of buildings; restrooms; telephones, walkways and other facilities; hours of operation; or other information of a similar nature.
Sign, Nonconforming A sign constructed before March 20, 1969, or amendment of this division that does not meet the requirements of this division or its amendments.
Sign, Project A sign that identifies a new residential subdivision or a major real estate development project.
Sign, Projecting A sign, other than a wall sign, which projects perpendicularly from, and is supported by, a wall of a building or structure.
Sign, Promotional A sign used to promote a special private or public event that does not normally occur more than four times per year.
Sign, Pylon A sign erected upon freestanding shafts, posts, or similar material where no portion of the sign is less than eight feet above the ground.
Sign, Roof Any sign erected or constructed as an integral or essentially integral part of a normal roof structure, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space more than six inches.
Sign, Sidewalk A temporary sign that can be placed on the sidewalk to advertise for the applicable property and is removed on a daily basis.
Sign, Snipe A sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects and which is located within the public right-of-way.
Sign, Temporary A banner, pennant, poster, or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard, inflatable device, or other like materials that identify symbols or messages related to the use or event, and intended to be displayed for a limited period of time.
Sign, Wall A sign affixed directly to, painted on, or otherwise inscribed on an exterior wall and confined within the limits thereof of any building.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
297
Article 6: DEFINITIONS
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.
Site A parcel of land or portion thereof devoted to or intended for use or occupied by a structure or a group of structures.
Small-Scale Wind Energy Turbine (SWET) A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, whose total height is between zero and 75 feet above natural grade. SWETs shall have a rated capacity of not more that 60 KW, be intended primarily to produce energy for on-site power consumption and reduce the need to purchase utility power from the grid, and have the ability to sell power back to the grid.
Solar Energy System A structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.
Stacking Lane A waiting area for motorists who remain in their vehicles awaiting service at a drive-through establishment.
Story That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined in this section for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this section at any point, such basement, cellar or unused abovefloor space shall be considered as a story.
Street A public right-of-way which affords primary means of access to abutting property, and also includes an avenue, highway, road, or way, or however otherwise designated. Streets are further classified by functional classification and street type as defined in Section 3.11.3, Streets.
Street Width The width of the street surface measured at right angles from face of curb to face of curb.
Street, Primary Street, primary 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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
298
Article 6: DEFINITIONS
Structural Alteration Any change, other than incidental repairs, which would prolong or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
Structure Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 3.12.9(C) of this division and other similar items.
Structure, Nonconforming Any structure lawfully existing on the effective date of this LDC, or any amendment to it rendering such structure nonconforming, which does not comply with all of the standards and regulations of this LDC or any amendment thereto.
Structure, Principal The principal building on a parcel of land.
Structure Ridgeline The line along the top of a roof or top of a structure, if it has no roof.
Subdivider Any person commencing proceedings under this article to effect a subdivision of land under this LDC for himself/herself or for another.
Subdivision The separation of an area, parcel, or tract of land into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial or other use or any combination thereof, except those separations: ď&#x201A;ˇ ď&#x201A;ˇ ď&#x201A;ˇ
Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses. Creating cemetery lots. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.
Substantial Damage Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 75 percent of the market value of the structure before the damage occurred.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
299
Article 6: DEFINITIONS
Substantial Improvement Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 75 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: ď&#x201A;ˇ ď&#x201A;ˇ
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this division, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.
Surfaced A road, driveway, approach, or parking lot which consists of gravel, crushed rock, limerock, bituminous surface, concrete surface, or other similar material.
Telecommunication Facility A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals and telecommunication towers or similar structures supporting the equipment, equipment buildings, parking areas, other accessory development and related equipment.
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.
Telecommunication Facility, Commercial A telecommunication facility that is operated primarily for a business purpose or purposes.
Telecommunication Facility, Multiple-user A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only.
Telecommunication Facility, Non-commercial A telecommunication facility that is operated solely for a non-business purpose.
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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
300
Article 6: DEFINITIONS
Tower Height The height as measured from the base of the tower at the foundation to the top of the monopole 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 (Area) 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, Height Measurement, Limits and Exceptions). Where this ordinance refers to Traffic Safety Visibility Area this term is meant to mean Traffic Safety Visibility Triangle. Where this ordinance to Traffic Safety Visibility Triangle this term is meant to mean Traffic Safety Visibility Area.
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 a 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 LDC or any amendment thereto rendering such use nonconforming, which does not comply with all of the regulations of this LDC 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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
301
Article 6: DEFINITIONS
Variance A modification or variation of the requirements of this LDC, authorized by the zoning board of appeals, 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.
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.
Workshop A detached accessory building used for the creation of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items. 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 LDC. 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 LDC.
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.
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
302
Article 7: APPENDIX A
Article 7: Appendix A
10780
10781
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
303
Article 7: APPENDIX A
10782 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
304
Article 7: APPENDIX A
10783 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
305
Article 7: APPENDIX A
10784 City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
306
Article 8: INDEX A Accessory Uses and Structures, 51, 63, 85, 195, 239 Adult Uses, 28, 38 Alleys, 90, 92, 105, 184, 264 Annexation, 208, 229, 259 Appeals, 6, 152, 214, 215, 229, 231, 232, 233, 236, 237, 238, 240, 250, 261, 265, 287 Arterial Roads, 180, 185
B Bicycle Parking, 153, 155
C Certificate of Appropriateness, 20, 229, 250, 267 City Council, 3, 5, 6, 19, 39, 149, 168, 173, 181, 189, 190, 191, 212, 214, 215, 216, 218, 219, 221, 222, 223, 226, 227, 228, 229, 233, 236, 237, 240, 242, 248, 249, 254, 255, 256, 257, 258, 259, 267, 269, 270 City Engineer, 16, 48, 84, 89, 96, 97, 98, 123, 127, 155, 159, 162, 163, 164, 168, 170, 171, 172, 173, 174, 175, 176, 183, 184, 185, 187, 188, 191, 192, 218, 229, 241, 242, 256, 267 City Planner, 15, 20, 23, 41, 50, 62, 64, 67, 68, 70, 73, 76, 81, 82, 83, 85, 86, 89, 92, 96, 97, 98, 99, 108, 113, 124, 125, 126, 134, 135, 138, 139, 142, 143, 146, 148, 149, 151, 152, 156, 157, 158, 160, 161, 162, 163, 164, 165, 167, 177, 193, 199, 200, 203, 204, 205, 208, 209, 212, 213, 217, 218, 219, 222, 223, 224, 225, 226, 228, 229, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 246, 247, 248, 252, 253, 256, 257, 258, 261, 262, 267, 271 Collector Roads, 180, 182, 183 Conditional Use, 22, 194, 250, 251, 252 Conditional Use Permit, 251 Construction Drawings, 229, 241, 253, 256
D Development Review Committee (DRC), 155, 164, 217, 218, 229, 231, 232, 233, 235, 237, 238, 246, 247, 248 Drive‐Through Establishments, 31, 41
E Enforcement and Penalties, 3, 203, 204, 205, 208, 217, 219, 241, 243, 244 Environmental Review, 225
F Fees, 175, 222, 223 Flood Regulations, 194, 199, 200, 201, 202, 208, 242, 271
H Height, 62, 63, 86, 87, 88, 90, 91, 93, 97, 101, 117, 122, 128, 142, 143, 266, 281, 286 Heritage Preservation, 7, 8, 19, 20, 145, 207, 273 Historic Preservation Committee (HPC), 20, 95, 143, 216, 217, 218, 229, 232, 240, 248, 249, 250, 261, 267, 273 Home Business, 65, 67, 68
I Interpretations, 6, 193, 216, 217, 229, 261, 262, 263 City of Northfield, Minnesota DRAFT 11-24-10
Land Development Code
307
Article 8: INDEX
L Landscaping, 32, 42, 52, 58, 120, 121, 123, 124, 125, 127, 128, 129, 133, 134, 139, 273 Lighting, 45, 53, 100, 101, 102, 103, 120, 147, 166, 231, 238, 274, 278 Loading, 165
M Manufactured Homes, 7, 8, 10, 11, 17, 24, 28, 44, 45, 153, 199, 201, 276, 277 Map and Text Amendments, 229, 246, 258, 287
N Noise, 41, 59, 103 Nonconformities, 18, 78, 79, 80, 207
O Outdoor Storage, Display, and Sales, 100, 120, 133
P Parking, 158, 160 Parking and Loading, 24, 31, 32, 40, 41, 43, 45, 50, 52, 58, 66, 67, 73, 75, 98, 102, 119, 120, 121, 127, 128, 129, 130, 131, 133, 149, 151, 152, 153, 155, 156, 157, 158, 159, 160, 161, 162, 164, 165, 166, 167, 239, 274, 278 Plan Commission, 41 Planning Commission, 16, 23, 49, 64, 68, 90, 108, 113, 200, 206, 207, 214, 215, 217, 218, 221, 224, 225, 226, 227, 228, 229, 233, 235, 236, 248, 249, 250, 251, 255, 257, 258, 259, 261, 278 Private Streets, 90, 92, 105, 184
S Shoreland, 6, 7, 8, 18, 281 Sidewalks and Paths, 45, 140, 163, 168, 169, 171, 176, 184, 281, 282 Site Development Standards, 9, 10, 11, 12, 13, 14, 21, 86, 89, 90, 92, 93, 95, 96, 179, 209 Site Plan, 16, 52, 119, 229, 240, 247 Street Trees, 164, 171 Subdivision, 12, 28, 167, 168, 169, 170, 176, 177, 200, 201, 229, 253, 254, 276, 284
T Temporary Use Permit, 99, 229, 240 Temporary Uses and Structures, 73, 74, 75, 99, 229, 240, 241, 286 Type 1 Procedure, 252 Type 4 Procedure, 234 Type 5 Procedure, 248
V Variance, 76, 176, 204, 205, 212, 229, 243, 244, 260, 287
W Wind Energy Turbines, 65, 72, 88, 274, 276, 283, 287
Z Zoning Board of Appeals (ZBA), 6, 152, 193, 215, 217, 218, 224, 225, 229, 231, 232, 237, 238, 240, 243, 250, 260, 261, 262, 287
City of Northfield, Minnesota DRAFT 1-13-11
Land Development Code
308