Northfield, Minnesota Land Development Code

Transcription

1 Northfield, Minnesota Land Development Code August 2, 2011 Revised April 17, 2012 Revised June 19, 2012 Revised April 16, 2013 Revised November 19, 2013 Revised April 7, 2015

2 Table of Contents Article 1: General Provisions 1.1 Purpose of the Land Development Code (LDC) Title Code Authority Code Jurisdiction Repeal of Existing Ordinances Relationship to Existing Ordinances Relationship to Third-Party Private Agreements Relationship to Comprehensive Plan Conformance to this Land Development Code Transitional Rules Ordinance Severability Use of Tables, Graphics, Illustrations, Figures, and Cross-References Article 2: Zoning Districts and Use Regulations 2.1 Official Zoning Map Establishment of Zoning Districts Base Zoning Districts Special Base Zoning Districts Overlay Zoning Districts Floating Zoning Districts Permitted Principal Uses Use Definitions Use-Specific Standards Accessory Uses and Structures Temporary Uses and Structures Nonconformities Pre-Existing Uses Article 3: Development Standards 3.1 Measurements, Computations, and Exceptions Site Development Standards General Development Standards Neighborhood Compatibility Standards Landscape, Screening, and Buffering Standards Off-Street Parking, Loading, and Mobility Pedestrian Access and Circulation Article 4: Floodplains, Wetlands and Shorelands 4.1 Development Standards for the FP-O District Development Standards for the WS-O District City of Northfield, Minnesota Land Development Code i

3 Article 5: Subdivision of Land 5.1 Basic Subdivision Requirements Subdivision Design Standards Article 6: Signage 6.1 Purpose and Intent Scope Zoning Certificate and Compliance Required Computations Exemptions Multiple-Use Buildings Liability for Damages Prohibited Signs Design Guidelines Standards for Permanent Signs by Zoning District Temporary Signs Nonconforming Signs Abandoned Signs Maintenance and Repair Repair or Removal by City Planner Interpretation Board of Appeals Article 7: Administration 7.1 Purpose General Provisions for all Administrative Bodies and Boards City Council Planning Commission (PC) and Zoning Board of Appeals (ZBA) Heritage Preservation Commission (HPC) City Planner and Code Enforcement Officer Development Review Committee (DRC) Enforcement and Penalties Article 8: Development Procedures 8.1 Purpose Applicability Common Development Review Requirements Summary of Application and Review Procedure Types Specific Development Review Procedure Requirements Article 9: Definitions Article 10: Appendix A City of Northfield, Minnesota Land Development Code ii

4 Article 1: General Provisions 1.1 Purpose of the Land Development Code (LDC) Title Code Authority Code Jurisdiction Repeal of Existing Ordinances Relationship to Existing Ordinances Relationship to Third-Party Private Agreements Relationship to Comprehensive Plan Conformance to this Land Development Code Transitional Rules Ordinance Severability Use of Tables, Graphics, Illustrations, Figures, and Cross-References Purpose of the Land Development Code (LDC) The City of Northfield carries out the policies of the comprehensive plan by classifying and regulating the uses of land and structures within the city. This Land Development Code is adopted to protect and promote the public health, safety, morals, and general welfare of the city. More specifically, the purpose of these regulations is to: Maintain and enhance the community s distinct small town character Preserve and protect the area s natural, historic, and cultural resources while providing for improved methods of integrating these resources in the community Encourage growth in infill locations as the desired location of development with expansion on the edge of the city a secondary priority Create residential community areas with strong neighborhood qualities including pedestrianfriendly streets, community gathering spaces, and basic commercial needs within walking distance Encourage the development of neighborhoods that incorporate a variety of housing types to serve the needs of a diverse population Allow for places with a mixture of uses that are distinctive and contribute to the city s overall vitality Provide standards and guidelines for continuing strategic growth and sustainable development Provide for the expansion and diversification of the economic base to assure a strong economy Promote an ethic of sustainability in all activities to ensure that proposed development and redevelopment will, at a minimum, conserve energy and natural resources Improve and promote connectivity to better serve residents and to improve the function of the overall street network Ensure that proposed development is of human scale, primarily pedestrian-oriented to the extent appropriate, and designed to create exceptional streetscapes and pedestrian spaces. City of Northfield, Minnesota Land Development Code 1-1 3/11/2015

5 Article 1: GENERAL PROVISIONS Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented development, compact community form, safe and effective multi-modal traffic circulation (e.g., pedestrian, bicycle, and vehicular), and adequate on- and off-street parking facilities Protect the rural character of certain areas of the community as identified in the comprehensive plan Encourage vibrancy in the downtown core and fringe areas Ensure compatibility between different types of development and land uses Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities. 1.2 Title This Land Development Code shall be known and may be cited as the Land Development Code of the City of Northfield, Minnesota, the Land Development Code, or just this LDC. 1.3 Code Authority 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. Stat , , 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. 1.4 Code Jurisdiction This LDC shall apply to all land and land development within the incorporated area of the City of Northfield, Minnesota. 1.5 Repeal of Existing Ordinances This LDC and the referenced Official Zoning Map hereby replace Chapter 34, Land Development Regulations, of the Northfield Municipal Code. 1.6 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 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. 1.7 Relationship to Third-Party Private Agreements 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 1-2 Land Development Code City of Northfield, Minnesota 3/11/2015

6 Article 1: GENERAL PROVISIONS city be obligated to enforce the provisions of any easements, covenants, or agreements between private parties where the city is not a party to the easement, covenant, or agreement. 1.8 Relationship to Comprehensive Plan The Comprehensive Plan for the City of Northfield or comprehensive plan as referenced in this 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 shall prevail. 1.9 Conformance to this Land Development Code Except as specified herein, no land shall be subdivided, no building, structure, premises, or part thereof shall be used, occupied, located, moved, erected, constructed, reconstructed, converted, extended, enlarged, or altered except in conformity and full compliance with the regulations herein specified for the district in which it is located Transitional Rules Effective Date This LDC was enacted by Ordinance No. 922, adopted by the Northfield City Council on August 2, 2011, and shall become effective on September 6, Violations Continue 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 Nonconformities Continue (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. (B) 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 Approved Projects (A) 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. (B) 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 City of Northfield, Minnesota Land Development Code 1-3 3/11/2015

7 Article 1: GENERAL PROVISIONS development may be constructed, completed, or occupied only in compliance with this LDC. (C) 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 Approved Subdivisions 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 be reviewed by the city planner, the planning commission and city council, as applicable. This review will consider the subdivision with respect to its for conformance to this LDC by considering whether the existing grading, installed water or sewer infrastructure, or predetermined street connections at the site and any nonconforming aspects of the subdivision therein can reasonably be brought into compliance with this LDC Ordinance Severability 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 Use of Tables, Graphics, Illustrations, Figures, and Cross- References Where a conflict may occur between the text of this LDC and any graphic, illustration, or figure, the text shall control In some instances, cross-references between articles, sections, and subsections are provided that include the article, section, or subsection number along with the name of the reference following the numerical reference. Where a conflict may occur between the given cross-reference number and name, the name shall control Cross-references to tables and figures include the main section number as the first part of the number for purposes of identifying the location of the table. 1-4 Land Development Code City of Northfield, Minnesota 3/11/2015

8 Article 2: Zoning Districts and Use Regulations 2.1 Official Zoning Map Establishment of Zoning Districts Base Zoning Districts Special Base Zoning Districts Overlay Zoning Districts Floating Zoning Districts Permitted Principal Uses Use Definitions Use-Specific Standards Accessory Uses and Structures Temporary Uses and Structures Nonconformities Pre-Existing Uses Official Zoning Map Map and Land Development Code All land within Northfield is placed into zoning districts as shown on the Official Zoning Map. The Official Zoning Map, along with all notations, references, and other information, are hereby adopted as part of this 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) 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. (B) 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 The Official Zoning Map, with any amendments made thereon, shall be identified by the signatures of the mayor and city clerk under the following words: Official Zoning District Map, Northfield, Minnesota: This is to certify that this is the Official Zoning Map referenced by Section 2.1, Official Zoning Map, of the Land Development Code. Adopted by the City Council, Northfield, Minnesota. Date Date Mayor City Clerk City of Northfield, Minnesota Land Development Code

9 Article 2: Zoning Districts and Use Regulations Zoning District Boundary 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: (A) Where zoning district boundary lines are indicated as approximately following a center line of a street or highway, alley, railroad easement, or other right-of-way, or a river, creek, or other watercourse, such centerline shall be the zoning district boundary. In the event of a natural change in the location of such streams, rivers, or other water courses, the zoning district boundary shall be construed as moving with the channel centerline. (B) Where zoning district boundary lines are indicated as approximately following a lot line, such lot line shall be the zoning district boundary. (C) Where zoning district boundary lines are indicated as approximately being parallel to a centerline or a property line, such zoning district boundary lines shall be parallel to a centerline or a property line and, in the absence of a specified dimension on the map, at such scale and distance as indicated on the Official Zoning Map. (D) Whenever any street, alley or other public way is vacated by official action of city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district or districts. (E) The boundary for the Floodplain Overlay (FP-O) district has been taken from the flood insurance study dated April 2, 2003, for the City of Northfield, prepared by the Federal Emergency Management Agency (FEMA) and others as may be referenced in this LDC or the Northfield Municipal Code. (F) The boundary for the Wild and Scenic River/Shoreland/Public Waters Overlay (WS- O) district has been established by the Department of Natural Resources (DNR). (G) When the actual street, right-of-way, property line boundary or other existing ground condition is in conflict with that shown on the Official Zoning Map, the 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 , Appeals Legend and Use of Color or Patterns There shall be provided on the Official Zoning Map a legend that shall list the name and symbol for each zoning district. In lieu of a symbol, a color or black and white pattern may be used on the Official Zoning Map to identify each zoning district as indicated in the legend. 2.2 Establishment of Zoning Districts Districts Established The districts in Table are hereby established to encourage sustainable development practices, to carry out the purposes of this LDC, and to assist in implementing the comprehensive plan. 2-2 Land Development Code City of Northfield, Minnesota 3/8/2016

10 Article 2: Zoning Districts and Use Regulations Table 2.2-1: Zoning Districts Abbreviation District Name BASE ZONING DISTRICTS R1 Low Density Residential District R2 Medium Density Residential District [Fixed-Boundary [1] R3 High Density Residential District [Fixed-Boundary] [1] R4 Manufactured Home Park District N1 Neighborhood General 1 District [Fixed-Boundary] [1] N2 Neighborhood General 2 District C1 Downtown District C2 Highway Commercial District I1 Industrial District SPECIAL BASE ZONING DISTRICTS [2] A-S Agricultural District PB-S Public Benefit District CD-S College Development District PI-S Public Institutional District OVERLAY ZONING DISTRICTS FP-O Floodplain Overlay District WS-O Wild and Scenic River/Shoreland/Public Waters Overlay District H-O Historic Overlay District PD-O Planned Unit Development Overlay District [DISCONTINUED] [1] FLOATING ZONING DISTRICTS NC-F Neighborhood Center Floating District ED-F Economic Development District NOTES: [1] Fixed-Boundary 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, Fixed-Boundary 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 S in the abbreviation Relationship of Overlay Districts to Base, Special, and Floating Districts (A) Where land is classified into an overlay zoning district, the regulations governing development in the overlay district shall apply in addition to the regulations governing the underlying base, special, or floating zoning district unless otherwise noted in the district specific standards of Section 2.3, Base Zoning Districts, 2.4, Special Base Zoning Districts, Section 2.5, Overlay Zoning Districts, or Section 2.6, Floating Zoning Districts. In the event of an express conflict between the standards of the overlay zoning district and the base, special, or floating zoning district, the standards governing the overlay district shall control. (B) 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 Land Development Code

11 Article 2: Zoning Districts and Use Regulations 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 identifies how each of the previous district classifications were renamed for this LDC. This section shall only be used for comparison purposes Fixed-Boundary Districts Fixed-Boundary districts are districts that are currently located on the zoning map but which may not be applied to other locations. The intent of a Fixed-Boundary district is to allow existing uses to remain and to expand under the development standards for that particular zoning district. Certain districts have fixed boundaries because the preferred future development pattern is described in districts that do not have fixed boundaries. Zoning Districts in the Land Development Code Effective Prior to September 6, 2011 Table 2.2-2: District Transition Table Zoning Districts in the Land Development Code Effective After September 6, 2011 Abbreviation District Name Abbreviation District Name BASE DISTRICTS R-1 One-Family Residential District One- and Two-Family Residential R-2 District R1 Low Density Residential District Low to Medium Density Residential R-3 District Medium Density Residential R-4 Medium Density Residential District R2 District High Density Residential R-5 High Density Residential District R3 District Manufactured Home Park R-6 Manufactured Home Park District R4 District --- No Existing District N1 Neighborhood General 1 District --- No Existing District N2 Neighborhood General 2 District C-1 Downtown District C1 Downtown District C-2 Downtown Fringe District C-3 Gateway Commercial District C2 Highway Commercial District LI Light Industrial District I1 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 WS Wild and Scenic River/Shoreland/Public Waters District WS Wild and Scenic River/Shoreland/Public Waters Overlay District --- Downtown Historic District H Historic Overlay District 2-4 Land Development Code City of Northfield, Minnesota 3/8/2016

12 Article 2: Zoning Districts and Use Regulations Table 2.2-2: District Transition Table Zoning Districts in the Land Development Code Effective Prior to September 6, 2011 Zoning Districts in the Land Development Code Effective After September 6, 2011 Abbreviation District Name Abbreviation District Name PUD Planned Unit Development PD Planned Unit Development Overlay District FLOATING DISTRICTS --- No Existing District NC-F Neighborhood Center Floating District --- No Existing District ED-F Economic Development Floating District 2.3 Base Zoning Districts Residential District (R1) (A) Purpose (1) The R1 district should generally apply to those areas designated as Neighborhood Central on the framework map of the comprehensive plan. (2) The Residential (R1) 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 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. (B) Neighborhood Compatibility Requirement Due to the developed character and context of existing development in the R1 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 3.4, Neighborhood Compatibility Standards. (C) Site Development Standards See Section 3.2.2, Residential Site Development Standards, and Table for the site development standards that apply to the R1 district. (D) Other Development Standards In addition to the standards established for the R1 district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards. City of Northfield, Minnesota Land Development Code

13 Article 2: Zoning Districts and Use Regulations Medium Density Residential District (R2) [Fixed-Boundary District] (A) Purpose The purpose of the Medium Density Residential (R2) 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. (B) Fixed-Boundary District The R2 district is a Fixed-Boundary district and is maintained in this LDC to minimize the creation of nonconformities (See Section 2.2.4, Fixed-Boundary Districts). Applications for amendments to the Official Zoning Map for the R2 district shall be prohibited after the effective date of this LDC. (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 district. (D) Other Development Standards In addition to the standards established for the R2 district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards High Density Residential District (R3) [Fixed-Boundary District] (A) Purpose The purpose of the High Density Residential (R3) 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. (B) Fixed-Boundary District The R3 district is a Fixed-Boundary district and is maintained in this LDC to minimize the creation of nonconformities (See Section 2.2.4, Fixed-Boundary Districts). Applications for amendments to the Official Zoning Map for the R3 district shall be prohibited after the effective date of this LDC. (C) Site Development Standards See Section 3.2.2, Site Development Standards, and Table for the site development standards that apply to the R3 district. (D) Other Development Standards In addition to the standards established for the R3 district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards Manufactured Home Park District (R4) (A) Purpose (1) The R4 district should generally apply to those existing manufactured home park areas designated as Neighborhood General 1 on the framework map of the comprehensive plan. 2-6 Land Development Code City of Northfield, Minnesota 3/8/2016

14 Article 2: Zoning Districts and Use Regulations (2) The purpose of the Manufactured Home Park (R4) 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 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. (B) Site Development Standards See Section , Manufactured Home Parks, Section 3.2.2, Residential Site Development Standards, and Table for the site development standards that apply to the R4 district. (C) Other Development Standards In addition to the standards established for the R4 district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards Neighborhood General 1 District (N1) [Fixed-Boundary District] (A) Purpose (1) The N1 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. (2) The Neighborhood General 1 (N1) district is applied to existing residential neighborhoods of the city that are found outside the R1 district. The N1 district is characterized by primarily single family homes, or attached housing, on parcels that are generally larger than those found in the R1, and that are located on streets more curvilinear and less connected than traditional urban development patterns. The essential, existing character of the N1 district should be reinforced with any infill or redevelopment of properties. When feasible, infill or redevelopment in the N1 district should also create a more pedestrian-friendly, walkable development pattern with a mixture of housing types. (B) Fixed-Boundary District The N1 district is a Fixed-Boundary district and is maintained in this LDC to minimize the creation of nonconformities (See Section 2.2.4, Fixed-Boundary Districts). Applications for amendments to the Official Zoning Map for the N1 district shall be prohibited after the effective date of this LDC. (C) Site Development Standards See Section 3.2.2, Residential Site Development Standards, and Table for the site development standards that apply to the N1 district. (D) Other Development Standards In addition to the standards established for the N1 district in this article, all development shall be subject to all other applicable standards in Article 3: Development Standards. City of Northfield, Minnesota Land Development Code

15 Article 2: Zoning Districts and Use Regulations Neighborhood General 2 District (N2) (A) Purpose (1) The N2 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 those areas designated as Neighborhood General 1 on the framework map of the comprehensive plan and Neighborhood General 2 on the Zoning Map. (2) The Neighborhood General 2 (N2) 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 district will create a pedestrian-friendly environment, such as found in the R1 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 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. (B) Site Development Standards See Section 3.2.2, Residential Site Development Standards, and Table for the site development standards that apply to the N2 district. (C) Other Development Standards In addition to the standards established for the N2 district in this article, all development shall be subject to all other applicable standards in Article 3. (D) Mixture of Dwelling Unit Types (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 based on the size of the subdivision. This dwelling unit type mixture shall be distributed throughout the subdivision, not clustered in one area. (2) Final plats for all phases of any residential subdivision shall adhere to the dwelling unit mixture requirements as specified in Table 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 Not Applicable 2 unit types % 3 unit types Lots 20% 4 unit types 100 or More Lots 25% 4 unit types 2-8 Land Development Code City of Northfield, Minnesota 3/8/2016

16 Article 2: Zoning Districts and Use Regulations Downtown District (C1) (A) Purpose (1) The C1 district applies to those areas designated as Core, Center and, in part, Corridor on the Framework map of the Comprehensive Plan. (2) The C1 district, which includes Northfield s historic town square, the Cannon River, Northfield s original flour mill, and historically preserved commercial center, creates Northfield s brand and a unique sense of place. (3) The purpose of the Downtown (C1) district is to sustain the historic central business district, make the Highway 3 corridor a more integral and attractive part of Downtown, provide design transitions to surrounding zoning districts, provide a strong relationship to the Cannon River and thus enhance the beauty, appreciation and benefits of the river, and to augment and increase Downtown viability and prosperity. (4) The C1 District aims to provide a compact, pedestrian friendly, active mix of land uses including business, hospitality, offices and services, housing, arts and culture, government, public gathering places and points of interest for residents and visitors alike. (5) The design standards of this district reflect the character of the historic downtown and will help create a sense of arrival and center by locating buildings close to the sidewalk or road, providing compatible facades along the Cannon River, building intimate places for people to gather outdoors, or minimizing negative effects on residential neighborhoods. (B) Sub-Districts The C1 District has three sub-districts, each with slightly different standards: (1) The Historic District Sub-District Properties in the National Register Historic District (2) The East of Highway 3 Sub-District Properties east of Highway 3 excluding the Historic District Sub-District (3) The West of Highway 3 Sub-District Properties located west of Highway 3 Specific standards for the C1 District and its sub-districts are located in Section 3.2.3, C1 District Site Development Standards. (C) Additional Site Development Standards In addition to the standards established for the C1 district, all development shall be subject to all other applicable standards in Article 3: Development Standards. (D) Relationship to the Comprehensive Plan Refer to Appendix A for a description of the relationship between the C1 District regulations or standards and the Northfield Comprehensive Plan. City of Northfield, Minnesota Land Development Code

17 Article 2: Zoning Districts and Use Regulations Highway Commercial District (C2) (A) Purpose (1) Provide locations for retail and service businesses that benefit from access to and visibility from the highway (2) Provide for a wider range of commercial building and site sizes than may be possible in other zoning districts. (3) Provide locations for mixed-uses within buildings and sites. (4) Support efficient use of the limited highway commercial land supply, attract and retain businesses that contribute to economic growth and job creation, and enhance the economic vitality of the district and of Northfield. (5) Provide locations for businesses that rely on easy auto access and parking plus visibility from the highway while providing safe and attractive routes to businesses for pedestrians and bicyclists from neighboring sites and the rest of the city. (6) Create buildings and sites that are visually attractive and that can be adapted to changing business and community needs. (7) Enhance the sense of gateway and arrival along Highway 3. (8) Minimize the negative effects of commercial site development on housing in adjacent residential zoning districts. (B) Site Development Standards See Section 3.2.4, C2 District Site Development Standards and Guidelines, for the site development standards that apply to the C2 district. (C) Additional Site Development Standards In addition to the standards established for the C2 district, all development shall be subject to all other applicable standards in Article 3: Development Standards. (D) Relationship to the Comprehensive Plan Refer to Appendix A for a description of the relationship between the C2 District regulations or standards and the Northfield Comprehensive Plan Land Development Code City of Northfield, Minnesota 3/8/2016

18 Article 2: Zoning Districts and Use Regulations Industrial District (I1) (A) Purpose (1) The I1 district should generally apply to those areas designated as District on the Framework map of the comprehensive plan. (2) The purpose of the Industrial (I1) district is to provide an area to accommodate manufacturing uses, general businesses, offices, service and repair businesses, warehousing and office showroom uses in a functional, attractive manner that does not unduly affect the development or use of nearby property. Limited and incidental retailing shall be allowed in this 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. (3) Amendments to the Official Zoning Map to expand the I1 district shall be limited to areas immediately adjacent to an area currently zoned I1. Expansion into areas not currently abutting the I1 district shall be prohibited. (B) Site Development Standards See Section 3.2.5, I1 District Site Development Standards, for the site development standards that apply to the I1 district. (C) Additional Site Development Standards In addition to the standards established for the I1 district, all development shall be subject to all other applicable standards in Article 3: Development Standards. (D) Relationship to the Comprehensive Plan Refer to Appendix A for a description of the relationship between the I1 District regulations or standards and the Northfield Comprehensive Plan. City of Northfield, Minnesota Land Development Code

19 Article 2: Zoning Districts and Use Regulations 2.4 Special Base Zoning Districts Agricultural District (A-S) (A) Purpose The purpose 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. (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. (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 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, particularly adjoining residential and commercial districts. Development near the edges of the campus referred to as the Perimeter Transition Area (PTA), which adjoins existing and/or planned residential and commercial districts, will utilize a wider process of dialog and input to facilitate compatibility between the campus and adjoining districts. (B) Applicability (1) The CD-S district should generally apply to those areas designated as an educational district on the framework map of the comprehensive plan. (2) The CD-S district shall include regulations applicable to two separate sub-zones referred to as the Internal Development Area (IDA) and the Perimeter Transition Area (PTA). (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 Land Development Code City of Northfield, Minnesota 3/8/2016

20 Article 2: Zoning Districts and Use Regulations (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-ofway 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. PTA procedures and standards shall be applicable where the PTA adjoins all districts except areas zoned agricultural and industrial. Areas adjacent to property zoned agricultural and industrial may develop consistent with the IDA standards and procedures. (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. (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 8.4.5, Type 2 Review Procedure, City Planner Decision with Development Review Committee Review). (2) For development proposed in the PTA sub-zone, except as specifically noted in (B)(2)(b) above, 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 8.4.7, Type 4 Review Procedure, Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision ). (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 3.6.5, Off-Street Parking Space Requirements and Table The parking study shall include at a minimum the following data and information: (a) Background of study and description of study methodology; (b) Existing supply and demand analysis including existing supply, existing demand by user type including faculty, staff, student and visitor parking demand; (c) Parking occupancy and adequacy analysis; (d) Future demand analysis; (e) Future planned parking facility expansion; (f) Conclusions and recommendations. City of Northfield, Minnesota Land Development Code

21 Article 2: Zoning Districts and Use Regulations Public Benefit District (PB-S) (A) Purpose The purpose of the Public Benefit District (PB-S) is to distinguish city owned parks 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. (B) 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. (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. All development and building that is to occur in areas zoned PB-S shall be subject to the development review procedures found in Article 8: Development Procedures of this LDC as outlined in the Type 2 review procedure (See Section 8.4.5, Type 2 Review Procedure, City Planner Decision with Development Review Committee Review) Public Institutional District (PI-S) (A) Purpose (1) The PI-S district can potentially apply to any land in any category on the framework map of the comprehensive plan. (2) 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. (B) Additional Site Plan Review Requirements In addition to the requirements established for site plan review in Section 8.5.6, 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 Land Development Code City of Northfield, Minnesota 3/8/2016

22 Article 2: Zoning Districts and Use Regulations (C) Other Development Standards (1) More than one principal building may be located on a single lot. (2) In addition to the standards established for the PI-S district, all development shall be subject to all other applicable standards in Article 3: Development Standards. 2.5 Overlay Zoning Districts 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 (1) The development standards for the underlying base zoning district shall apply unless otherwise modified by the FP-O district. (2) Additional standards for the FP-O district are located in Section 4.1, Development Standards for the FP-O District. (C) 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) 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. (2) 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. (3) 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. (D) Establishment of Subdistricts (1) Subdistricts There are hereby established the following three subdistricts of the FP-O district: (a) The Floodway (FW) subdistrict shall include those areas designated as floodway on the flood insurance rate map referred to in Section 4.1.2, General Provisions. City of Northfield, Minnesota Land Development Code

23 Article 2: Zoning Districts and Use Regulations (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 4.1.2, General Provisions. (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 4.1.2, General Provisions. (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: (E) Amendments (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 4.1.9, Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles. (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 , Nonconforming Uses. (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 4.1, Development Standards for the FP-O District. (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. (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 tenday 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 Land Development Code City of Northfield, Minnesota 3/8/2016

24 Article 2: Zoning Districts and Use Regulations 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 (WS- O) 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 (1) The development standards for the underlying base zoning district shall apply unless otherwise modified by the WS-O district. (2) Additional standards for the WS-O district are located in Section 4.2, Development Standards for the WS-O District. (C) 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: (1) Spring Creek, general development. (2) Heath Creek, general development. (3) Rice Creek (Spring Brook), natural environment. (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. (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): (1) Governmental campgrounds; (2) Other governmental open space recreational uses; (3) Government resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; accessory roads; (4) Public access to rivers and streams; and (5) Public access, road access type with boat launching facilities. City of Northfield, Minnesota Land Development Code

25 Article 2: Zoning Districts and Use Regulations (E) 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: (1) Private campgrounds. (2) Other private open space recreational uses. (3) Utility transmission lines, subject to the conditions of all applicable state rules. (4) Public roads, subject to the conditions of all applicable state rules. (5) Sand and gravel extraction, subject to the conditions of all applicable state rules. (6) Canoe rental establishments, subject to the conditions of all applicable state rules, except that inner tube rentals shall be prohibited Historic Overlay District (H-O) (A) Purpose (1) The city council declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects having special historical interest or value is a public necessity and is required in the interest of the health, safety, welfare and prosperity of the people. (2) Additionally, this overlay district has the purpose to: (a) Safeguard the heritage of the city by preserving sites and structures which reflect elements of the city's cultural, social, economic, political, visual or architectural history; (b) Protect and enhance the city's appeal to residents, visitors and tourists and serve as a support and stimulus to business and industry; (c) Foster civic pride in the beauty and notable accomplishments of the past; and, (d) Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the city. (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. (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 8.5.8, 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 Land Development Code City of Northfield, Minnesota 3/8/2016

26 Article 2: Zoning Districts and Use Regulations Planned Unit Development Overlay District (PD-O) [Fixed-Boundary 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. (B) Fixed-Boundary District The PD-O district is a Fixed-Boundary 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. (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. (D) Amendments Amendments to any approved plans as part of a planned unit development shall be reviewed pursuant to Section 8.5.5, Amendments to the PD-O District. City of Northfield, Minnesota Land Development Code

27 Article 2: Zoning Districts and Use Regulations 2.6 Floating Zoning Districts Neighborhood Center Floating District (NC-F) (A) Purpose (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. (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 that will create minimal traffic and noise impacts on the surrounding neighborhood. (B) Development Standards (1) All buildings shall be subject to the neighborhood compatibility standards of Section 3.4, Neighborhood Compatibility Standards. (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 5.2.3, Streets. (C) 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 (1) The ED-F district should generally apply to those areas designated as District on the framework map of the comprehensive plan. (2) 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 city 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. (B) 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. (C) Other Development Standards 2-20 Land Development Code City of Northfield, Minnesota 3/8/2016

28 Article 2: Zoning Districts and Use Regulations 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. 2.7 Permitted Principal Uses General Provisions Table 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 organizes the uses by use categories and use types. (1) Use Categories The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, mixed-use, commercial, etc.). The use classifications then organize land uses and activities into specific use types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. (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. (3) Use Categories and Use Types Defined Use categories and use types are defined in Section 2.8, Use Definitions. (B) Symbols in Table The symbols used in Table are defined as follows: (1) Permitted Uses (P) A P in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final use-specific standards column of Table Permitted uses are subject to all other applicable standards of this LDC, including those set forth in Article 3: Development Standards. (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 and approval of a conditional use permit in accordance with Section 8.5.9, Conditional Use Permit are subject to all other applicable standards of this LDC, including those set forth in Article 3: Development Standards. City of Northfield, Minnesota Land Development Code

29 Article 2: Zoning Districts and Use Regulations (C) 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) or conditionally allowed (C) in the district. Unless otherwise specifically provided, designated pre-existing uses are not nonconforming uses subject to the limitations of Section 2.12, Nonconformities, and may continue in accordance with Section 2.13, Pre-existing Uses. Pre-existing uses shall register with the city through the zoning certificate process (See Section 8.5.1(B)(1), Type 1 Review Procedure). (D) Prohibited Uses A cell with a --" or a blank cell indicates that the listed use type is prohibited in the respective zoning district. (E) Use-Specific Standards The use-specific standards column of Table 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. (F) 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. Table 2.7-1: Permitted Principal Uses Special Base Base Zoning Districts Zoning Districts Use Category and Use Type * Fixed-Boundary Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table R1 R2 [1] R3 [1] R4 N1 [1] N2 C1 [3] C2 [4] I1 [1] A-S CD-S [2] PB-S PI-S Floating Zoning Districts NC-F ED-F Use-Specific Standards in Section: Agricultural Use Category Agricultural Buildings P P Crop Raising C P P -- P -- P Commercial Solar Farm C Community Solar Garden C Stables and Raising of Livestock P P Wholesale or Commercial Plant Nurseries P PE P P Group Living Use Category Residential-Care, Licensed In-Home for six or Fewer Persons P P P P P P P Residential-Care, Licensed for More than six Persons C P P -- P P P C Land Development Code City of Northfield, Minnesota 3/8/2016

30 Article 2: Zoning Districts and Use Regulations Table 2.7-1: Permitted Principal Uses Special Base Base Zoning Districts Zoning Districts Use Category and Use Type * Fixed-Boundary Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table R1 R2 [1] R3 [1] R4 N1 [1] N2 C1 [3] C2 [4] I1 [1] A-S CD-S [2] PB-S PI-S Floating Zoning Districts NC-F ED-F Use-Specific Standards in Section: Specialized Care Facilities -- P P P -- P P Residential Use Category Bed & Breakfast Establishments P P P -- P P P P P Dwelling, Multi-Family (Apartment Building with nine or more units) PE P P -- P P P P P (A)(2) Dwelling, Multi-Family (Apartment House with four to eight units) PE P P -- P P P P P (A)(3) Dwelling, Multi-Family (Rowhouse) -- P P -- P P -- P P (A)(4) Dwelling, Single-Family, Two-Family, Three-Family P P P -- P P PE P P P -- Live-Work P P P P Live-Work /Rowhouse P P P P Manufactured Home Park -- C C P C C C Mixed Use Commercial/Residential P P Commercial Use Category Adult Uses P Animal Hospital/Veterinary Clinics C P Auto Service Stations PE PE P P P Banks or Financial Institutions P P P P Bars, Taverns, Nightclubs, Banquet Halls P P P Brewpub P P Brewer Taproom P P P Cocktail Room P P P Commercial Truck Storage and Parking P Convenience Stores C -- P P C C Day Care Facilities -- P P P P P P P P C C Day Care Facilities, In-Home P P P -- P P P P Drive-Through Establishments C P Farm Implement Sales and Service P P P Firearms Dealers P Funeral Homes PE PE P P P P Gasoline Station (Fuel Sales) PE PE P P Greenhouses, Garden, and Landscaping Sales and Service P P P P Hotel, Motel, Extended Stay Establishments P P P Kennels P P P Medical Clinic P P City of Northfield, Minnesota Land Development Code

31 Article 2: Zoning Districts and Use Regulations Table 2.7-1: Permitted Principal Uses Use Category and Use Type * Fixed-Boundary Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table R1 R2 [1] R3 [1] Base Zoning Districts R4 N1 [1] N2 C1 [3] C2 [4] I1 [1] A-S Special Base Zoning Districts CD-S [2] PB-S PI-S Floating Zoning Districts NC-F ED-F Use-Specific Standards in Section: Microbrewery C P P Microdistillery C P P Neighborhood-serving Commercial P P Offices, Business P P P Parking Lots or Ramps C/ P P P P -- P Personal Services P P P C Private Clubs P P Recreational Vehicle Parks C Restaurant P P P C Restaurant, Drive-through C P C Restaurant, Limited Service PE C -- P P C C Retail Sales and Service P P P P C P Theaters P P P Vehicle, Boat or Recreational Sales & Service P P Vehicle Rental P P P Industrial, Manufacturing, Research, and Wholesale Use Automobile or truck repair, including body work PE P P C Bulk Storage of Liquids C C Distribution Facilities P P Industrial Uses (Indoors) C -- P P Industrial Uses with Outdoor/Open storage of Parts, Products, or Fuels P P Lumberyards and Construction Material Sales P P Mining, Extraction, and Aggregate Processing C C C Mini-Warehouses P Recycling of Aggregate Material P P Warehouses and Yards P P Wholesale Commercial Uses P P Public Facilities, Telecommunication, Utilities Use Category Essential Services P P P P P P P P P P P P P P P Telecommunication Facilities and Antennae C C C C C C -- C P P P C P -- P Public, Institutional, or Recreational Use Category Campgrounds C C P -- P Cemeteries P -- P P Land Development Code City of Northfield, Minnesota 3/8/2016

32 Article 2: Zoning Districts and Use Regulations Table 2.7-1: Permitted Principal Uses Special Base Base Zoning Districts Zoning Districts Use Category and Use Type * Fixed-Boundary Zoning District P = Permitted Use C = Conditional Use PE = Pre-Existing Use [#] Reference to Notes at Bottom of the Table R1 R2 [1] R3 [1] R4 N1 [1] N2 C1 [3] C2 [4] I1 [1] A-S CD-S [2] PB-S PI-S Floating Zoning Districts NC-F ED-F Use-Specific Standards in Section: College Related Offices P Cultural Facilities C C C C C C P P P C P -- Dormitories / Residence Halls PE P Golf Courses P -- P P Hospitals P P P -- P Open Space, Urban (Plazas), Conservation Areas P P P -- P P P P P P P -- 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 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 Education College, Seminary, or University) PE [5] C C -- P P/ C School (Nursery or Kindergarten) C C C -- C C C C C C -- C School (Trade, Business, or Other) C C C NOTES: [1] Fixed-Boundary Zoning District [2] College-related uses are permitted uses in the IDA portion of the CD-S district and in parts of the PTA that adjoin all districts except residential and commercial districts. College-related uses are conditional uses in parts of the PTA adjacent to residential and commercial districts. [3] Within the C1 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 District, miniature golf facilities are allowed as a Permitted Use. [5] The property at 320 3rd Street E. designated as PE may be used for any college-related use other than residential. Any collegerelated PE in the R1 district that is subject to a conditional use permit must continue to meet the conditions of the conditional use permit unless otherwise approved by the City. Other college-related uses in existence in the R1 district prior to the effective date of this code, unless designated as PE, are nonconforming uses in the R1 district. City of Northfield, Minnesota Land Development Code

33 Article 2: Zoning Districts and Use Regulations 2.8 Use Definitions Agricultural Use Category The agricultural use category is comprised of uses characterized by general active and on-going agricultural uses, activities, and related uses. An agricultural use, in general, means the use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income. (A) Agricultural Buildings Any building or structure, existing or erected, which is used primarily for agricultural purposes, with the exception of dwelling units. (B) Commercial Solar Farm A facility that converts sunlight into electricity whether by photovoltaic action (PV), concentrating solar thermal devices (CST), or other conversion technology for the sale to an electric utility company. (C) Community Solar Garden A solar electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off site from the location of the solar energy system, under the provisions of Minnesota Statutes 216B.1641 or successor statute. (D) Crop Raising The growing and harvesting of legal agricultural crops or produce for commercial agricultural purposes. (E) 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. (F) 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 Group Living Use Category Residential uses characterized by a group of unrelated persons living in a group setting where there are shared bedroom, kitchen, and/or bathroom facilities and where the group is not living as a single housekeeping unit. (A) Dormitories/Residence Halls A building used principally to provide rooms for sleeping accommodations at Schools, Institutions of Higher Education (College, Seminary, or University) for 20 occupants or more, which may also include common kitchen, sanitary, and social gathering rooms. (B) Residential-Care, Licensed In-Home for Six or Fewer Persons 2-26 Land Development Code City of Northfield, Minnesota 3/8/2016

34 Article 2: Zoning Districts and Use Regulations 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. (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, group homes, residential programs, supportive living residences for functionally impaired adults, or schools for children with developmental disabilities. (D) 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 9. City of Northfield, Minnesota Land Development Code

35 Article 2: Zoning Districts and Use Regulations Household Living Use Category Residential uses characterized by a family or group of unrelated persons living together as a single housekeeping unit. (A) Bed & Breakfast Establishments An owner-managed and owner-occupied residential structure used as a lodging establishment where rooms are rented on a nightly basis and in which breakfast is the only meal and is included as part of the basic compensation. All uses related to a boardinghouse and/or rooming house and/or a group residential facility shall be strictly prohibited as bed and breakfast establishments. (B) 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. (C) 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. (D) 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. (E) Dwelling, Single-Family Housing located on individual lots, physically unconnected with any adjacent homes, occupied by a single housekeeping unit. (F) 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. (G) Dwelling, Three-Family A building designed or intended for occupancy by three housekeeping units, each dwelling unit to be totally separated from the other by a wall or a ceiling. (H) 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. (I) Live/Work-Rowhouse A structure that includes a group of at least four attached dwellings separated by fire walls, in which each residence has at least one separate exterior entrance with no internal access to adjacent dwelling units where each dwelling is located on an individual lot that also combines a commercial activity allowed in the district where the occupant of the attached dwelling is owner of the commercial business or the occupant of the attached dwelling is an employee of the owner of the business Land Development Code City of Northfield, Minnesota 3/8/2016

36 Article 2: Zoning Districts and Use Regulations (J) 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 , subd. 6. (K) 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 , Subd. 3). (L) Mixed Use Commercial/Residential A structure in which commercial activity is located on the ground floor and residential living spaces are located above on the second or third floors, or behind the commercial unit on the first floor 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 9.2, Definitions): (1) 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. (2) 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. (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. (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. City of Northfield, Minnesota Land Development Code

37 Article 2: Zoning Districts and Use Regulations (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. (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. (7) 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. (8) 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. (9) 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. (10) 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. (11) Adult Mini-Motion Picture Theater Any building or portion of a building with a capacity of fewer than 50 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. (12) Adult Miscellaneous 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 Land Development Code City of Northfield, Minnesota 3/8/2016

38 Article 2: Zoning Districts and Use Regulations (13) Adult Modeling Studio An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (14) Adult Motion Picture Arcade 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 one-time presentation of such material. (15) Adult Motion Picture Theater 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. (16) Novelty Business A business that has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (17) Sauna A sauna that excludes minors because of age or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (18) Steam Room/Bathhouse Facility 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, including facilities with offices and/or laboratories for operation and/or functioning of a research and development facility. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. City of Northfield, Minnesota Land Development Code

39 Article 2: Zoning Districts and Use Regulations (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. (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. (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. (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. (G) Brewpub Brew pub is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in section 340A.24, subdivision 2. (H) Brewer Taproom A facility on the premises of or adjacent to the premises owned by a brewer, licensed under Minn. Stat. 340A.301, intended for the on-sale consumption and limited off-sale of beer produced on site by the brewer as authorized by Minn. Stat. 340A.26. (I) Cocktail Room A facility on or adjacent to the premises of a microdistillery licensed under Minn. Stat. 340A.22, which has been issued a cocktail room license for the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. (J) Commercial Truck Storage and Parking A lot or building used for the storage or temporary parking of commercial vehicles. (K) 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 gasoline station Land Development Code City of Northfield, Minnesota 3/8/2016

40 Article 2: Zoning Districts and Use Regulations (L) 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. (M) Day Care Facilities, In-Home A day care facility licensed under rules and statutes of the State of Minnesota serving and providing care to 14 or fewer children or adults. (N) 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. (O) 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. (P) 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. (Q) 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. (R) Gasoline Station (Fuel Sales) A facility for the retail sales of leaded, unleaded and diesel gasoline. (S) 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. (T) 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. (U) 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. (V) Medical Clinics A facility providing medical, psychiatric, or surgical service for sick or injured persons on an outpatient basis, including emergency treatment, diagnostic service, training, administration, and related services to outpatients, employees or visitors. City of Northfield, Minnesota Land Development Code

41 Article 2: Zoning Districts and Use Regulations (W) Microbrewery A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on-sale and off-sale alcohol in compliance with Minn. Stat. 340A.26. (X) Microdistillery A distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year and licensed under Minn. Stat. 340A.22. (Y) 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 N2 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 vehicle-based customer trips, are better located in commercial districts. (Z) Offices, Business Establishments providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, contractor, employment, advertising, design, engineering, accounting, and similar uses. (AA) Parking Lots or Ramps Land that is surfaced in accordance with Section 3.6, Off-Street Parking, Loading and Mobility and used for the temporary parking of vehicles. (BB) Personal Services Establishments that are primarily engaged in providing services generally involving the care of the person or person s possessions. Personal services may include, but are not limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios. (CC) 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. (DD) 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 Land Development Code City of Northfield, Minnesota 3/8/2016

42 Article 2: Zoning Districts and Use Regulations (EE) 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. (FF) 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. (GG) Restaurant, Limited Service A small-scale restaurant that serves a limited menu that may include cafes, coffee shops, and small specialty restaurants. (HH) 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. (II) Theaters A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. (JJ) 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. (KK) Vehicle, Motor Sales and Rental Facilities where new or used vehicles, in operational condition, are sold, leased, or rented to customers 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. (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. (B) Bulk Storage of Liquids A use associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids. (C) Distribution Facilities A use where goods are received and/or stored for delivery to the ultimate customer or user at remote locations. (D) 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. These uses include the incidental storage of bulk liquid and materials subject to local, state and federal regulations. City of Northfield, Minnesota Land Development Code

43 Article 2: Zoning Districts and Use Regulations (E) Industrial Uses with Outdoor/Open Storage of Parts, Products, or Fuels (1) Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials and also uses engaged in the operation, parking, and maintenance of vehicles, cleaning of equipment or work processes involving solvents, recycling establishments, truck terminals, public works yards, and container storage. (2) 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. (F) 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. (G) Mining, Extraction, and Aggregate Processing (1) Mining means the extraction of sand, gravel, rock, soil or other material from the land and either the removing thereof from the site or processing the extracted materials. The only exclusion from this definition shall be removal of materials associated with construction of a building (e.g. removal of soil and rock for footings and basements), provided such removal is an approved item in the building permit. (2) 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 resulting conditions, including but not limited to gravel pits and not including the impacts of such operation. (H) Mini-Warehouses A building or group of buildings in a controlled access compound that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer s goods or wares. Such facilities do not include sales, service, or storage of hazardous materials. (I) Recycling of Aggregate Material A facility or site used to recycle aggregate materials such as concrete, asphalt, and other composite materials. (J) 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. (K) 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 Land Development Code City of Northfield, Minnesota 3/8/2016

44 Article 2: Zoning Districts and Use Regulations 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 call boxes, 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. (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. (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. (C) College Related Office A building or a group of rooms in a building where professional activities engaged in the academic, administrative, financial and programmatic activities of a college, seminary or university. College related office activities involve limited interaction with the public outside of the college faculty, alumni, staff and student population. (D) College-related Uses See definition for Schools, Institutions of Higher Education (College, Seminary, or University) (E) 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 theaters. (F) 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 Land Development Code

45 Article 2: Zoning Districts and Use Regulations (G) Hospitals An institution licensed by the state providing health care services and medical or surgical care to persons, primarily inpatient, suffering illness, disease, injury, and other physical and mental conditions. Hospitals shall include, as an integral part of the facility, related activities such as laboratories, outpatient facilities or training facilities. (H) Open Space and Conservation Areas Parks or open spaces where there is no grading of the land, the construction of facilities, lighting, or development of ball fields with the exception that passive parks, recreational facilities, and conservation areas may include the development of trails and sidewalks. (I) Open 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. (J) 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. (K) Public and Semipublic Buildings Buildings containing public or civic uses of special significance to residents, employees, or visitors. Public and semipublic buildings are used for the following purposes: community services, day care, education, government, places of worship, or social services. Public and semipublic buildings do not include retail buildings, residential buildings, or buildings with private offices. (L) 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. (M) 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. (N) 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 Land Development Code City of Northfield, Minnesota 3/8/2016

46 Article 2: Zoning Districts and Use Regulations (O) 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. (P) 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, research, recreational, and other college-related uses such as dormitories, administration facilities, classrooms, laboratories, greenhouses, cultural facilities, theaters, chapels, stadiums, gymnasiums, field houses and playing fields, outdoor and indoor tracks, open space and conservation areas, gardens, urban open space, public access to rivers and streams, public and semi-public buildings and grounds, dining rooms, restaurants and stores open to the public, heating plants, power generation facilities, water towers, radio antennae, garages, workshops, warehouses, parking lots and parking structures, and other college-related facilities. Such schools must either: (1) Offer general academic instruction equivalent to the standards prescribed by the state board of education, or (2) Confer degrees as a college or university, junior college or community college with undergraduate or graduate standing, or (3) Conduct research, or (4) Give religious instruction. This definition does not include schools, academies or institutions, incorporated or otherwise, which operate for profit, nor does it include commercial, trade or business schools, college related office buildings and uses, or college related residential uses (See Section 2.8.7(C), College Related Office). (Q) 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). (R) 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. 2.9 Use-Specific Standards Purpose and Applicability (A) This section provides site planning, development, and/or operating standards for certain land uses that are permitted or conditionally permitted in Table (B) 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. City of Northfield, Minnesota Land Development Code

47 Article 2: Zoning Districts and Use Regulations Adult Uses (A) Findings and Purpose Studies conducted by the Minnesota Attorney General, the American Planning Association, and the Texas City Attorneys Association and cities such as St. Paul, Minnesota; Indianapolis, Indiana, Hopkins, Minnesota, Ramsey, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los Angeles California; Seattle, Washington; St. Croix County, Wisconsin; Adams County and the City of Denver, Colorado have studied the impacts that adult establishments have in those communities. These studies have concluded that adult establishments have adverse impacts on the surrounding neighborhoods. These impacts include increased crime rates, lower property values, increased transience, neighborhood blight, and potential health risks. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult establishments increases. Based on these studies and findings, the city council concludes: (1) Adult establishments have adverse secondary impacts of the types set forth above on the neighborhoods surrounding them, which is distinct from the impact caused by other commercial uses. (2) The adverse impacts caused by adult establishments tend to diminish if adult establishments are governed by geographic, licensing, and health requirements. (3) It is not the intent of the city council to prohibit adult establishments from having a reasonable opportunity to locate in the city. (4) Many members of the public perceive areas within which adult establishments are located as less safe than other areas that do not have such uses. (5) A reasonable licensing procedure is an appropriate mechanism to place the burden of reasonable regulation on the owners and the operators of the adult establishment. A licensing procedure will place an incentive on the operators to see that the adult establishment is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the residents of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult establishment, fully in possession and control of the premises and activities occurring therein. (6) The fact that an applicant for an adult establishment license has been convicted of a sexually-related crime is rationally related to the legitimate concern that the applicant may engage in similar criminal conduct in the future. (7) The barring of individuals with sexually-related criminal convictions from the management of adult establishments for a period of time serves as a deterrent to future criminal conduct. (8) The general health, safety, and welfare of the community are promoted by prohibiting nudity in adult establishments. This prohibition is based on concerns of potential adverse effects such as prostitution, the transmission of sexually-transmitted diseases, exposure to minors, obscenity and unsanitary conditions in public places. (9) Smaller cities throughout Minnesota experience many of the same adverse impacts of adult establishments that are present in larger metropolitan communities Land Development Code City of Northfield, Minnesota 3/8/2016

48 Article 2: Zoning Districts and Use Regulations (10) The public health, safety, morals and general welfare will be promoted by the city adopting regulations governing adult establishments. (11) The city council finds the characteristics of the city are substantially similar to those of the cities cited when considering the effects of adult establishments. (12) The city council finds, based upon the report and the studies cited, that adult uses may have adverse secondary effects upon certain preexisting land uses within the city, and that the public health, safety, and general welfare will be promoted if the city adopts regulations regarding adult uses. (13) The city council finds that the adverse secondary effects tend to diminish if adult uses in the city are regulated by locational and licensing requirements. (B) Permitted Location for Adult Uses Only one adult use establishment is allowed per free-standing building. Adult use establishments shall be located at least 500 feet (500) as measured in a straight line, from the main public entrance of the adult establishment to the nearest boundary line of the following: (1) Any residential zoning district, existing residential use within or outside of city limits, or any PD-O district (2) Any daycare center; (3) Any school; (4) Any youth organization facility; (5) Any establishment with a liquor license; (6) Library; (7) Any public park; (8) Any religious institution; (9) Any public playground or other public recreational facility, not including trails or walkways; (10) Nearest lot line of any other adult use; (11) From the right of way of Highways #3 and #19 (See Table 2.7-1) City of Northfield, Minnesota Land Development Code

49 Article 2: Zoning Districts and Use Regulations Bed and Breakfast Establishments Bed and breakfast establishments are subject to the following standards: (A) The owner shall reside on the property. (B) 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. (C) The establishment shall conform to state health and building code requirements and shall show proof of inspection or proof of proper operating licenses by the state and/or county. (D) Only overnight guests shall be served unless otherwise authorized as part of a conditional use permit. (E) The facility shall be limited to no more than four guestrooms with a maximum guest capacity as determined by fire and building regulations. (F) A minimum of one off-street parking space for each guestroom and two off-street parking spaces for the resident owner-manager shall be required. All parking areas for four or more vehicles shall meet the standards of Section 3.6, Off-Street Parking, Loading, and Mobility, and shall be set back a minimum of ten feet from all property lines, and shall be screened from adjacent residential uses and public streets. (G) On-premises advertising for any bed and breakfast establishment shall comply with the city s sign regulations in Section 6, Signage. The content of any such sign shall be limited to identifying not more than the name and address of the facility. No sign shall be internally illuminated. (H) No external vending machines shall be allowed Bulk Storage of Liquids The bulk storage of liquids shall be subject to all applicable local, state, and federal laws Commercial Solar Farms or Community Solar Gardens (A) Uses 1) Commercial solar farms and community solar gardens with a nameplate capacity greater than 100 kw AC are allowed as a Conditional Use in the (A-S) Agricultural district. 2) Non-commercial solar farms, community solar gardens with a nameplate capacity 100KW or less, and other non-community solar energy systems are allowed as Accessory Uses and regulated according to Table and Section (K). (B) Site Plan Review The compliance of commercial solar farms and community solar gardens with the standards set forth in this section shall be reviewed through the site plan review process established in Section (C) Setbacks Structures included within commercial solar farms and community solar gardens shall comply with the following front, interior side, corner street side, and rear setback requirements: Front = Fifty (50) feet 2-42 Land Development Code City of Northfield, Minnesota 3/8/2016

50 Article 2: Zoning Districts and Use Regulations Interior side = Fifteen (15) feet Corner street side = Fifty (50) feet Rear = Fifteen (15) feet Panels shall not encroach into the setbacks in any manner at maximum tilt. (D) Height Ground-mounted solar energy systems shall not exceed twenty (20) feet in height. (E) Coverage Notwithstanding anything in the LDC to the contrary, the modules and racking equipment included within commercial solar farms and community solar gardens shall not constitute impervious surfaces for purposes of calculating lot coverage for such systems. (F) Fencing Security fencing may be installed around commercial solar farms and community solar gardens. Security fencing installed around commercial solar farms and community solar gardens shall be exempt from the ban on barbed wire fences set forth in Section 3.3.2(B)(4) and may be of chain link construction. (G) Support Structures Support structures shall be constructed with quality materials and properly maintained to avoid signs of deterioration, rust or weathering. (H) Landscaping, Screening, and Buffering All commercial solar farms and community solar gardens shall be subject to the requirements of Section 3.5, Landscaping, Screening, and Buffering Standards. The components of commercial solar farms and community solar gardens do not constitute ground-mounted mechanical equipment, as such term is used in Section (B). Landscaping shall be installed and maintained along the portions of the project boundaries for commercial solar farms and community solar gardens that are adjacent to (a) public roadways, and (b) properties zoned for residential, commercial or public use for the purpose of mitigating visual impacts to the extent reasonably feasible considering the technological requirements of the systems and the solar access required for the systems. (I) Feeder Lines Any electric lines accompanying a commercial solar farm or community solar garden, other than those attached to on-site structures by leads, shall be buried within the interior of the project footprint of the commercial solar farm or community solar garden, unless there are existing lines in the area to which the lines accompanying a solar energy system can be attached. (J) Glare Commercial solar farms and community solar gardens shall be located and installed so as to not create or cause unreasonable glare on aircraft, other property, or public roadways. For purposes of the LDC, unreasonable glare shall mean a public safety hazard as determined by the city council or the appropriate roadway authority. City of Northfield, Minnesota Land Development Code

51 Article 2: Zoning Districts and Use Regulations (K) Building Codes All commercial solar farms and community solar gardens shall conform to the requirements of the Minnesota State Building Code, the Minnesota Electrical Act, and the National Electrical Code. (L) Certifications Components of commercial solar farms and community solar gardens shall be certified by Underwriters Laboratories, Inc., and solar thermal systems shall be certified by the Solar Rating and Certification Corporation or other appropriate certification(s) as reasonably determined by the city. (M) Utility Connection All grid inter-tie solar energy systems shall have an agreement with a local utility company prior to receiving a building permit. Off-grid solar energy systems are exempt from this requirement. (N) Wetlands Commercial solar farms and community solar gardens shall comply with all federal and state wetland regulations and mitigation requirements. (O) Permits No commercial solar farm or community solar garden shall be erected and maintained in the city without first securing a building permit from the city. Additionally, commercial solar farms and community solar gardens with a nameplate capacity greater than 100 kw AC shall also require the issuance of a conditional use permit in accordance with the requirements of the LDC. (P) Abandonment If a commercial solar farm or community solar garden remains nonfunctional or inoperative for a continuous period longer than one year, and is thereafter not brought into operation within the time specified by the city, the system shall be presumed to be abandoned and shall constitute a public nuisance. The owner of the real property on which the commercial solar farm or community solar garden is located shall remove the abandoned system at the owner s expense after a demolition permit has been obtained from the city. Removal of the commercial solar farm or community solar garden shall include removal of all modules and racking equipment and all structures erected in connection with the system. As a condition for the city s issuance of a conditional use permit for a commercial solar farm or community solar garden with a nameplate capacity greater than 100 kw AC, the applicant shall either (i) provide evidence to the City that an escrow or other financial guarantee has been or will be created to secure the payment of the solar energy system removal costs, or (ii) furnish to the city a financial guarantee, in one of the forms listed in Section (E)(4), in the amount of the solar energy system removal costs, which financial guarantee must remain in full force and effect until removal of the commercial solar farm or community solar garden has been completed in accordance with the requirements of this section. (Q) CUP Termination If a commercial solar project is not built as per the timeline set in a Conditional Use Permit or is built and abandoned, then any Conditional Use Permit issued will terminate Land Development Code City of Northfield, Minnesota 3/8/2016

52 Article 2: Zoning Districts and Use Regulations Day Care Facilities (A) Day care facilities shall be subject to all standards of this LDC and requirements imposed by the State of Minnesota. (B) Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area Drive-Through Establishments The following standards shall apply to businesses that contain a drive-through establishment, regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine). (A) General Standards (1) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 300 feet of any residential dwelling unit, and shall not be audible at levels greater than those established in Section 3.3.5(I), Noise. (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. (3) A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential district. (B) 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. (C) Stacking Space and Lane Requirements (1) The number of required stacking spaces shall be as provided for in Table Table 2.9-1: Stacking Space Requirements Activity Minimum Measured Stacking Spaces From: (per lane) Bank, Financial Institution or Automated Teller Machine (ATM) 3 Teller or Window Restaurant 6 Pick-Up Window Full Service Car/Truck Wash 6 Outside of Washing Bay Self-Service or Automated Car/Truck Wash 2 Outside of Washing Bay Fuel or Gasoline Pump Island 2 Pump Island Other As determined by the City Planner City of Northfield, Minnesota Land Development Code

53 Article 2: Zoning Districts and Use Regulations (2) Stacking lanes shall be provided for any use having a drive-through establishment and shall comply with the following standards: (a) Drive-through stacking lanes shall have a minimum width of ten feet. (b) When stacking lanes are separated from other stacking lanes, bypass lanes or from other site areas, the separation shall be by means of a raised concrete median, concrete curb, or landscaping. (c) Stacking lanes shall be set back 25 feet from rights-of-way Firearms Dealers (A) Firearms dealers shall be located at least 500 feet from residential dwellings, religious institutions, schools (Grades K through 12), child care centers, residences, family or group family day cares, libraries, or parks. (B) No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from any public right-of-way. (C) Firing ranges shall be prohibited. (D) The use shall meet all applicable standards mandated by Minnesota statutes 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). (B) Pump Canopies 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. (1) 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 City of Northfield, Minnesota 3/8/2016

54 Article 2: Zoning Districts and Use Regulations (2) 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. (3) 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. (C) 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 shall adhere to the following use specific standards in addition to all standards found in Section 3.2.3, C1 District Site Development Standards. (A) 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. (B) 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 district. Indoor uses may be located on any floor either above or below grade meeting all other code requirements. (C) All vertical and horizontal separation requirements of the building code shall be strictly applicable to industrial uses indoors located in the C1. (D) The performance standards found in Section 3.3.5, Performance Standards of this LDC shall be strictly applicable to industrial uses indoors that are located in the CI district Live / Work (A) The residential portion of a live/work use shall not occupy more than 50 percent of the entire square footage of the structure. (B) 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 façade is a commercial use and commercial façade. (C) 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. (D) Work units are subject to Section 3.3.5, Performance Standards. (E) Signage regulations for live/work units shall adhere to Article 6, Signage, except that pylon and internally lit ground signs are prohibited. Signage shall be externally lit and downcast. (F) The following are business activities that are prohibited as work units: (1) Automotive and other vehicle repair and service; (2) Construction contractor facilities and storage (an office-only use is allowed) and other outdoor storage; (3) Dismantling, junk, or scrap yards; City of Northfield, Minnesota Land Development Code

55 Article 2: Zoning Districts and Use Regulations (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; (5) Welding and machine shop operations; (6) Wood cutting businesses; or (7) Other similar uses as determined by the city planner Mixed Use Commercial/Residential (A) Purpose The purpose of mixed use commercial and residential in the C1 district is to allow for rental and ownership opportunities in the second and third floors above, or on the first floor behind, commercial spaces throughout the downtown. (B) General Standards (1) Residential units may be located in the floors above or in the space commercial spaces throughout the C1 district. The residential portion, if located on the ground floor, shall be completely located behind the commercial portion of the building such that the ground floor street façade is a commercial use and commercial façade. (2) The residential portion of the mixed use shall have at least one entrance that exits to grade and is separate from any commercial entrance or commercial portion of the structure. (3) Signage regulations for mixed use units shall adhere to Section 6.10 (B), Signage for C1 districts Manufactured Home Parks (A) Public Health Standards Public health standards for manufactured home parks shall be as follows: (1) The condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion shall be subject to unpredictable and/or sudden flooding. (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. (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. (B) Streets in the R4 District (1) All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads. Each manufactured home lot shall be provided access by a system of private streets, driveways, or other means of access within the park Land Development Code City of Northfield, Minnesota 3/8/2016

56 Article 2: Zoning Districts and Use Regulations (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. (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: (a) All streets shall meet the street width requirements for a local street (residential) as defined in Section 5.2.3, 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. (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. (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. (C) Sidewalks (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. (b) Streets within 50 feet of an intersection shall be at right angles. (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. (1) 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. (2) 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. (D) Other Design Standards (1) Lighting in an R4 district shall be subject to the standards of Section 3.3.4, Outdoor Lighting Standards. (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 3.6, Off-Street Parking, Loading, and Mobility. (3) A properly landscaped area shall be adequately maintained around each manufactured home park. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. City of Northfield, Minnesota Land Development Code

57 Article 2: Zoning Districts and Use Regulations (4) All manufactured home parks shall be subject to the landscaping and screening requirements of Section 3.5, Landscape, Screening, and Buffering Standards. (E) Manufactured Home Stands (1) The general design standards for manufactured home stands are as follows: (a) Each park may have up to 200 manufactured home stands. (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. (c) Access to the manufactured home stand shall be kept free of trees or other immovable obstructions. (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. (e) Manufactured home stands shall not occupy an area in excess of one-third of the respective manufactured home space. (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 tie downs of the manufactured home. Ground anchors shall meet manufacturer s recommendations and applicable administrative rules of the State of Minnesota. (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. (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. (2) The dimensional requirements for manufactured homes and manufactured home stands shall be as follows: (a) There shall be a minimum lot width of 35 feet. (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-ofway of a public street. (c) There shall be a minimum setback of 20 feet from all other manufactured homes or principal buildings in the park Land Development Code City of Northfield, Minnesota 3/8/2016

58 Article 2: Zoning Districts and Use Regulations (d) The setback between manufactured homes and accessory buildings shall be five feet. (F) Structures Every structure in the manufactured home park shall be developed and maintained in a safe, approved, and substantial manner. A building permit shall be required for all structures and shall conform to the state building code. The exterior of every such structure shall be kept in good repair. Portable fire extinguishers rated for electrical and liquid fires shall be kept in all service buildings and other locations conveniently and readily accessible for use by all occupants. All structures shall also require a smoke detector. (G) Community Buildings (1) Each manufactured home park shall have one or more central community buildings with central heating that must be maintained in a safe, clean, and sanitary condition. The building shall be constructed in such a manner as to provide safe conditions during storms. (2) All manufactured home parks shall have an area set aside for long-term storage for such items as boats, boat trailers, hauling trailers, and other equipment not generally stored within each manufactured home and/or utility building on the manufactured home lot. This storage area shall be screened with a fence or enclosure so as to not be visible. (H) Park Management Management of the manufactured home park shall be in accordance with the following: (1) The operator of a manufactured home park shall operate the park in compliance with this section and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. (2) The operator shall notify park occupants of all applicable subsections of this section and inform them of their duties and responsibilities under this Section. (3) The operator of every manufactured home park shall maintain a registry in the office of the manufactured home park indicating the name and address of each permanent resident. Each manufactured home site shall be identified by number, letter or both. (4) No public address or loudspeaker system shall be permitted. (I) Exemptions Nothing in this article shall have the effect of altering the existing densities, lot size requirements, or manufactured setback requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density lot size and setback requirements, if any 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 Land Development Code

59 Article 2: Zoning Districts and Use Regulations (B) Scope The following operations shall be covered by this section: (1) The removal, crushing, washing, refining, borrowing or processing of material. (2) In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone, and the storing or stockpiling of such products on the site. (3) The manufacture of concrete building blocks or other similar blocks, if conducted on the site, the production or manufacture of lime products, the production of ready-mixed concrete and any similar production or manufacturing processes that might be related to the mining operations. (C) Performance Standards For such operations approved after the effective date of this LDC, the following are required: (1) The cutting of vegetation and construction, maintenance and operation of equipment shall be in accordance with the following: (a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to minimize seeding on adjacent property. (b) All equipment used for mining and extraction operations shall be constructed, maintained and operated in such a manner as to minimize, as far as is practicable, noises, dust and vibrations adversely affecting the surrounding property. (2) The mining and extraction operation shall be conducted in such a manner as to minimize interference with the surface water drainage outside of the boundaries of the mining operation. (3) Safety fencing may be required around all or portions of the mining operation. (4) The intersection of mining access roads with any public roads shall be selected such that traffic on the access roads will have a sufficient distance of public roads in view so that any turns onto the public road can be completed with a margin of safety as determined by the city engineer. (5) To minimize problems of dust and noise and to shield mining operations from public view, a screening barrier may be required between the mining site and adjacent properties. A screening barrier may also be required between the mining site and any public road located within 500 feet of any mining or processing operations. (6) Mining operations shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street, road or highway, except that excavating may be conducted within such limits in order to reduce the elevation thereof in conformity to the existing or platted street, road or highway. (7) All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. (8) All access roads from mining operations to public highways, roads or streets or to adjoining property shall be paved or surfaced to minimize dust considerations Land Development Code City of Northfield, Minnesota 3/8/2016

60 Article 2: Zoning Districts and Use Regulations (9) Mining operations within the WS-O district shall be conducted in accordance with the following: (a) Commercial manufacturing of sand and gravel byproducts shall be a prohibited use. (b) Mining operations shall not take place within 300 feet of the Cannon River. This distance does not apply to water pumps needed for mining operations. However, appropriation of water from the river shall require a permit from the Minnesota Department of Natural Resources (c) No sand and gravel operation shall be conducted on parcels of land or a combination of parcels less than 20 acres. (D) (10) Stormwater and process water runoff from the site shall be treated so as not to degrade received waters. Land Rehabilitation All mining sites shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be complete within one year. The following standards shall apply: (1) Within three months after the final termination of a mining operation or within three months after abandonment of such operation for a period of six months or within three months after expiration of a mining permit, all buildings and structures incidental to such operation shall be dismantled and removed by, and at the expense of, the mining operator last operating such buildings and structures. A temporary extension may be granted by the planning commission for one year, after which the buildings, structures, and machinery shall be removed. (2) The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a gently rolling topography, not exceeding 18 percent in grade, in substantial conformity to the land area immediately surrounding. (3) Reclamation shall begin after the mining of 25 percent of the total area (planned for mining) or the first four acres of area is mined, whichever is less. Once these areas have been depleted of the mine deposit, they shall be sloped and seeded as per the mining plan approved through the conditional use permit process. (4) Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least six inches. The topsoil shall be seeded, or planted with legumes and grasses. Trees and shrubs may also be planted, but not as a substitute for legumes and grasses Multi-Family Dwellings (A) Standards in the N2 District (1) General Standards (a) Standards for building location for multi-family buildings are found in Table (b) All multi-family dwellings shall be oriented so that a primary entrance faces the street from which the building is addressed. City of Northfield, Minnesota Land Development Code

61 Article 2: Zoning Districts and Use Regulations (c) Side façades shall incorporate a minimum of 15 percent façade area glazing. (d) Garages serving multi-family buildings shall be located to the side or rear of such buildings. (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 (B)(4)). (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: (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; (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. (2) Apartment Building with Nine or More Units (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. (b) Wall offsets shall have a minimum depth of two feet. (c) Each apartment unit at grade shall have a separate entrance. (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: (i) Be located a distance of 25 feet from the front yard property line rather than 15 feet; or (ii) Incorporate a courtyard as regulated in subsection (e), below; or (iii) The height of the building above 40 feet shall be set back five feet from the building façade. (e) If an apartment building has a courtyard, the courtyard shall be constructed with the following standards: (i) Courtyards shall be designed to provide a central courtyard along the front yard. (ii) Minimum courtyard dimensions shall be 30 feet wide and 30 feet deep. (iii) Building wings facing the courtyard shall be constructed at the front building location as shown in Table (iv) Courtyards shall be connected to the public right-of-way by a minimum five foot wide sidewalk. (v) The main entrance to each ground floor apartment unit shall be directly off the courtyard or directly from the street Land Development Code City of Northfield, Minnesota 3/8/2016

62 Article 2: Zoning Districts and Use Regulations (vi) The courtyard shall be enclosed with a fence or garden wall so that the building street face will be viewed as continuous. (3) Apartment House with Four to Eight Units (a) Apartment houses may have common interior entries or separate exterior entries to each individual unit. (b) Apartment houses shall be given the appearance of a large single-family detached home through the use of porches, pillars, bay windows, dormer windows, cupolas, roof line changes, parapets, multiple windows, and similar architectural treatments. (4) Rowhouse (a) Each rowhouse unit shall include a front stoop that may encroach into the building setback (See Figure 2-2). (b) Patios facing streets shall be enclosed with fencing or a similar barrier. Figure 2-2 Illustration of a front stoop required for each rowhouse unit Neighborhood-serving Commercial (A) A neighborhood-serving commercial shall be allowed in the N2 district provided it is located at least one half mile from other neighborhood-serving commercial uses. (B) 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. (C) Development subject to requirements of this section shall comply with the following standards: (1) Site Plan Review The standards of this section shall be reviewed through the site plan review process established in Section 8.5.6, Site Plan Review. (2) Site Layout (a) Off-Street Parking City of Northfield, Minnesota Land Development Code

63 Article 2: Zoning Districts and Use Regulations (i) The total amount of off-street parking shall be as specified in Section 3.6, Off-Street Parking, Loading, and Mobility. (ii) Off-street parking shall be established in one of the following locations (listed in priority order): (b) Landscaping/Screening (i) 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. 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. Screening shall not interfere with public sidewalks or improved pedestrian connections. (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 , Screening Requirements). (c) Outdoor Lighting (i) Outdoor lighting shall: Have a maximum height of 15 feet; (ii) Be fully-shielded; (iii) Be configured so that the source of illumination is not visible; (iv) Be directed down and away from adjacent residential lots; and (v) The requirements of Section 3.3.4, Outdoor Lighting Standards, shall also apply. (d) Signage regulations for neighborhood serving commercial uses shall adhere to Article 6, Signage, except that pylon and ground signs are prohibited Recreational Facilities, Outdoor Outdoor recreational facilities may only be considered for a conditional use permit in the R1, R2, R3, N1, N2, C1, I1 and A-S districts when it is accessory to a school Retail Sales and Service Retail sales and service may be permitted in the I1 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 Telecommunication Facilities and Antennas (A) Purpose 2-56 Land Development Code City of Northfield, Minnesota 3/8/2016

64 Article 2: Zoning Districts and Use Regulations In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the city council finds that this section is necessary in order to: (1) Facilitate the provision of telecommunication services to the residents and businesses of the city; (2) Minimize adverse visual effects of towers through careful design and siting standards; (3) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and (4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas. (B) Exemptions The following telecommunication facilities and antennas, included but not limited to, shall be exempt from the requirements of this section. (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; (2) A ground- or building-mounted citizens band radio antenna, including any mast, if the height (post and antenna) does not exceed 35 feet; (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 (H)(1), Amateur Radio Antennas; (4) A ground- or building-mounted receive only radio or television satellite dish antenna (TVRO) subject to the requirements of Section (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; (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; (6) Mobile services providing public information coverage of news events of a temporary nature; (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; (8) City-government-owned and operated towers supporting receive and/or transmit antennas, including supporting structures, for all public safety and service purposes; (a) 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; City of Northfield, Minnesota Land Development Code

65 Article 2: Zoning Districts and Use Regulations (b) Such tower shall be installed in accordance with the instructions furnished by 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 manufacturer s specifications; and (c) Such towers shall be exempt from the requirements of subsections (F) to (I), (K) and (L). (C) Towers in the R1, R2, R3, R4, A-S, or CD-S Districts The construction of commercial towers and antennas in a R1, R2, R3, R4, 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: (a) Church sites, when camouflaged as steeples or bell towers. Antennas and all other associated structures shall also be camouflaged; (b) Park sites, when compatible with the nature of the park, provided that the requirements of Section (F)(2) are met; and (c) Government, school, utility and institutional sites. (2) No tower supporting commercial antennas, the construction of which is permitted as a conditional use by this section, shall exceed 120 feet in height. (3) Towers supporting commercial antennas shall be set back from all property lines abutting property zoned or used for residential purposes or adjacent to the Cannon River no less than 50 percent of the tower height. Towers shall be set back from all property lines abutting nonresidential property no less than 25 percent of the total tower height. (4) Equipment buildings, shelters or cabinets shall comply with the accessory building setbacks for the residential zoning district in which it is located. (D) Towers in C1 and C2 Districts (1) Towers supporting commercial antennas are prohibited in the C1 district. (2) Towers supporting commercial antennas and conforming to all applicable sections of this article shall be allowed in the C2 district as a conditional use. (3) The maximum height of any tower, the construction of which is permitted by this section, including all antennas and other attachments, shall not exceed 150 feet in height or 180 feet in height in the I1 district. (4) Towers shall be set back from all property lines no less than 25 percent of the tower height, with a minimum setback of 20 feet. Towers shall be set back from all property lines abutting property zoned or used for residential purposes or adjacent to the Cannon River no less than 50 percent of the total tower height. (5) Equipment buildings, shelters or cabinets shall comply with the principal building setbacks for the commercial zoning district in which it is located. (E) Towers in the I1 and ED-F Districts 2-58 Land Development Code City of Northfield, Minnesota 3/8/2016

66 Article 2: Zoning Districts and Use Regulations (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. (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. (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. (4) Equipment buildings, shelters or cabinets shall comply with the principal building setbacks for the industrial zoning district in which it is located. (F) 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: (a) Place antennas and towers on sites where other public facilities are located or planned. (b) Place antennas and towers on private institutional property and structures. (c) Place antennas on other appropriate existing structures such as buildings, communications towers, water towers and smoke stacks. (d) Place antennas on new towers on other private property. (2) Collocation Towers shall be collocated as follows: (a) A proposal for a new commercial wireless telecommunication tower shall not be approved unless the city finds that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius from the point of the proposed tower for towers in excess of 100 feet in height, within a one-half-mile search radius for towers of 80 to 100 feet in height, and within a one-quarter-mile search radius for towers 80 feet and lower in height, due to one or more of the following reasons: (i) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (ii) The planned equipment would cause interference materially impacting the feasibility of other existing or planned equipment at the tower or City of Northfield, Minnesota Land Development Code

67 Article 2: Zoning Districts and Use Regulations building, as documented by a qualified and licensed professional engineer approved by the city, and the interference cannot be prevented at a reasonable cost. (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. (iv) Other unforeseen reasons exist that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower or building. (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. (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. (d) The applicant shall allow the city access to the tower for city-governmentowned and -operated receive and/or transmit antennas for all public safety and service purposes to enhance communications for such purposes, provided that any attached communication equipment does not interfere with the applicant's equipment. (e) As a condition of approval, the applicant shall make available unutilized space for collocation of other telecommunication facilities, including space for those entities providing similar competing services. A good-faith effort in achieving collocation shall be required of the host entity. (f) Requests for utilization of facility space shall be made to the community development department. Collocation will not be required when the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it becomes necessary for the host to go off line for a significant period of time. (g) The host is entitled to reasonable compensation from any co-locator for the use of its facility. Such compensation would include reimbursement for the cost of constructing the facility as it relates to any co-locator as well as a proportionate share of any rents paid by the host. (G) General Location Standards for Telecommunication Facilities All telecommunication facilities, except exempt facilities as identified in Section (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 (B), Exemptions: (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; 2-60 Land Development Code City of Northfield, Minnesota 3/8/2016

68 Article 2: Zoning Districts and Use Regulations (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; (3) No commercial telecommunication facility that is readily visible from off-site shall be installed closer than one-half mile from another readily visible uncamouflaged 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 (H) (4) No commercial telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the city is submitted showing a clear need for the facility and the unfeasibility of collocating it on one of the existing sites. Roads and Parking All telecommunication facilities, except exempt facilities as identified in Section (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 (B), Exemptions: (1) Existing roads shall be used for access, whenever possible, and shall be upgraded the minimum amount necessary to meet standards specified by the fire chief and 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. (2) Existing parking areas shall, whenever possible, be used. (3) Any new parking areas constructed shall comply with the parking standards established in Section 3.6, Off-Street Parking, Loading, and Mobility of this section. (I) Landscaping and Screening All telecommunication facilities, except exempt facilities as identified in Section (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 (B), Exemptions: (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 City of Northfield, Minnesota Land Development Code

69 Article 2: Zoning Districts and Use Regulations 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. (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: (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; (b) Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited in landscaped areas; and (c) All underground lines shall be routed such that a minimum amount of damage is done to the tree's essential root systems. (3) 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. (4) 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 (5) 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. (J) 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 (B), Exemptions: (1) Potential adverse visual impacts which might result from project-related grading or road construction shall be minimized; (2) Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized; and (3) Drainage, erosion, and sediment controls shall be required as necessary to abate soil erosion and sedimentation of waterways. Structures and roads on slopes of ten percent or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading. Natural vegetation and topography shall be retained to the extent feasible. (K) 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: 2-62 Land Development Code City of Northfield, Minnesota 3/8/2016

70 Article 2: Zoning Districts and Use Regulations (1) Outdoor noise-producing construction activities shall only take place on weekdays (Monday through Friday, non-holiday) between the hours of 7:30 a.m. and 5:30 p.m. unless allowed at other times as a condition of the conditional use permit; (2) Backup generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within 100 feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least an Ldn of 60 db at the property line and an interior noise level of 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 (3) Traffic, at all times, shall be kept to an absolute minimum, but in no case more than two round trips per day on an average annualized basis once construction is complete. (L) Visual Compatibility All telecommunication facilities, except exempt facilities as identified in Section (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 (B), Exemptions: (1) Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community; (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; (3) Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner; and (4) 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. (M) Construction Requirements Construction requirements shall be as follows: (1) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging treatment, except when 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. City of Northfield, Minnesota Land Development Code

71 Article 2: Zoning Districts and Use Regulations (2) Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by federal or state authorities. When incorporated into the design of the tower, light fixtures, such as streetlights, are permitted. (3) The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. (4) Sufficient anti-climbing measures must be incorporated into the facility, as needed, to reduce potential for trespass and injury. (5) All towers, masts and booms shall be made of noncombustible material, and all hardware, such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion must be protected either by galvanizing or sheradizing after forming. (N) Abandoned or Unused Towers or Portions of Towers Abandoned or unused towers or portions of towers shall be removed as follows: (1) All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city planner. If the tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the cost of removal assessed against the property owner. (2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new application and/or request for variance if applicable. (O) 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. (P) Review Procedure Procedures for reviewing a permit are as follows: (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 8.5.1, Zoning Certificate). (2) If a conditional use permit is required for a requested tower, the requirements of Section 8.5.9, Conditional Use Permit shall apply. (3) Site plan review will be required for all towers that are listed as a permitted use in the applicable zoning district (See Section 8.5.6, Site Plan Review). (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 Land Development Code City of Northfield, Minnesota 3/8/2016

72 Article 2: Zoning Districts and Use Regulations (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 Vehicle Rental For those properties zoned C1, the maximum number of vehicles for rent stored on the property shall not exceed five Accessory Uses and Structures Purpose 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 General Provisions (A) Fencing and walls will not be subject to the requirements of this section. Standards for fencing and walls are established in Section 3.3.2, Fencing and Walls. (B) 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. (C) 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. (D) Accessory structures will only be constructed concurrent with or after the construction of the principal building on the same site. (E) 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. (F) 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. (G) 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 , Standards for Specific Accessory Uses and Structures. (1) Setbacks (a) An accessory structure will not be located within a front yard. (b) An accessory structure will maintain a front and corner side setbacks at least as great as the setback of the principal building, except that an existing non-conforming detached residential garage may be replaced or expanded to a distance of at least 3 feet to the interior side or rear yard property line. City of Northfield, Minnesota Land Development Code

73 Article 2: Zoning Districts and Use Regulations (c) An accessory structure shall maintain at least a 5 foot separation from other accessory structures and the principal building. (2) Size and Height Limits (a) With the exception of sheds and detached garages, the maximum height of a detached accessory structure will be 10 feet. (b) Detached sheds on residential properties shall not be larger than 200 square feet, and cannot exceed an 8 foot sidewall and a peak height of 13 feet from grade. (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. (d) Detached garages will not exceed 18 feet in height, or 24 feet in height if the structure includes an accessory dwelling unit. (3) Maximum Number and Building Area Ratio (a) 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 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. (b) Detached garages are included in the building area ratio requirements in Table (H) 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 , Standards for Specific Accessory Uses and Structures: (1) Setbacks One half of the required setback for the principal building, but in no instance less than 10 feet except for properties zoned C1. (2) Height limits The maximum height shall be 20 feet. (3) Maximum size The maximum size shall be no greater than 50 percent of the building area of the principal building. (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 Permitted Accessory Uses (A) The symbols used in Table are defined as follows: (1) Permitted Uses (P) A P in a cell indicates that the accessory use or structure is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final use-specific standards column of Table Land Development Code City of Northfield, Minnesota 3/8/2016

74 Article 2: Zoning Districts and Use Regulations (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 and approval of a conditional use permit in accordance with Section 8.5.9, Conditional Use Permit. (3) Prohibited Uses A cell with a --" indicates that the listed use type is prohibited in the respective zoning district. (4) Use-Specific Standards The use-specific standards column of Table cross-references standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated. (B) Unlisted Uses If an application is submitted for an accessory use or structure that is not listed in Table , 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. City of Northfield, Minnesota Land Development Code

75 Article 2: Zoning Districts and Use Regulations Table : Permitted Accessory Uses and Structures Use Category and Use Type * Fixed-Boundary Zoning District P = Permitted Use C = Conditional Use R1 R2* Base Zoning Districts R3* R4 N1* N2 C1 C2 I1* A-S Special Base Zoning Districts CD-S PB-S PI-S Floating Zoning Districts NC-F ED-F Use-Specific Standards in Section: Accessory Uses Crop Raising P P P P P P P Accessory Dwelling Units P P P P P P P (B) Home Businesses [1] P P P P P P P P (E) In-Home Day Care P P P P P P P P -- Keeping of Chickens (on less than five acres) P P P P P P P (C) Accessory Structures Accessibility Ramps P P P P P P P P P P P -- P P P (A) Amateur Radio Towers P P P P P P P P P P P -- P P P (I)(2) Detached Garages P P P P P P P P P P P -- P P P ; Table Detached Sheds, and other Similar Structures P P P P P P -- P P P P -- P P P Outdoor Wood Fire Boilers/Furnaces C (F) Porches, Gazebos and Detached Decks P P P P P P P P -- P P P (G) Satellite Dishes P P P P P P P P P P P -- P P P (I)(2) Building-Mounted Solar Energy P P P P P P Systems P P P P P -- P P P (J) Freestanding Solar Energy Systems P P P P P P P P P P P -- P P P (J) Swimming Pools, Hot Tubs, and Spas P P P P P P C P P -- P P (H) Tennis and Other Recreational Courts P P P P P P C P P -- P P (D) Telecommunications Antennas and Facilities C P P P -- P (I)(2) Micro Wind Energy conversion Systems P P P P P P P P P P P P P P P (K) Non-Commercial Wind Energy Conversion Systems C P P P (K) Commercial Wind Energy Conversion Systems C C C (K) Workshops P P P P P P (L) Note: 1. Home business that employs people who do not reside at the home may be permitted with a conditional use permit Land Development Code City of Northfield, Minnesota 3/8/2016

76 Article 2: Zoning Districts and Use Regulations 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 , General Provisions, as applicable. (A) Accessibility Ramps Ramps that provide access to buildings for the disabled are permitted in all zoning districts and may encroach in all setbacks but shall not encroach on a public right-ofway. (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. (1) Accessory Dwelling Unit Development Standards (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 (b) There shall be a minimum lot area of 8,000 square feet. (c) An accessory dwelling unit shall be located as part of a detached garage. (d) An accessory dwelling unit shall contain separate kitchen and bathroom facilities. (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 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 3.6, Off-Street Parking, Loading, and Mobility. (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. (g) An accessory dwelling unit shall be separated from the principal dwelling by a minimum distance of ten feet. (2) 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. (C) Chickens (1) Property owners are permitted to raise and keep chickens on all properties of five acres or more in size without complying with the requirements of this section. (2) For properties that are less than five acres, the keeping of six adult chickens is permitted provided that: (a) The principal use of the lot is as a dwelling; (b) No person shall keep any rooster; City of Northfield, Minnesota Land Development Code

77 Article 2: Zoning Districts and Use Regulations (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 (d) No enclosure shall be located closer than 25 feet to any residential structure on an adjacent lot. (D) Courts, Tennis and Other Noncommercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use, shall comply with the following requirements: (1) No court shall be located within a required setback, or within five feet of a lot line; (2) Court fencing shall comply with Section 3.3.2, Fencing and Walls; and (3) Court lighting shall require a zoning certificate approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward and shall only illuminate the court. (E) Home Businesses The following standards for home businesses are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home business, or the surrounding neighborhood, where allowed by this section. (1) Prohibited Home Businesses The following are business activities that are prohibited as home businesses: (a) Animal hospitals and boarding facilities; (b) Automotive and other vehicle repair and service; (c) Construction contractor facilities and storage (an office-only use is allowed) and other outdoor storage; (d) Dismantling, junk, or scrap yards; (e) Medical clinics or laboratories; (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; (g) Uses that require explosives or highly combustible or toxic materials; (h) Welding and machine shop operations; (i) Wood cutting businesses; or (j) Other similar uses as determined by the city planner. (2) Operating Standards Home businesses shall comply with all of the following operating standards: 2-70 Land Development Code City of Northfield, Minnesota 3/8/2016

78 Article 2: Zoning Districts and Use Regulations (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; (b) The home business shall be clearly secondary to the full-time use of the property as a residence; (c) Home business activities shall not occupy more than 50 percent of the gross floor area of the dwelling unit; (d) The use shall not require any exterior modification to the structure not customarily found in a dwelling; (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; (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; (g) No home business activity shall create nuisances as described in Section 3.3.5, Performance Standards beyond those normally associated with a residential use, as determined by the city planner; (h) There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home business; (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 8.5.9, Conditional Use Permit); (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.; (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 (l) No utility service to the dwelling shall be modified solely to accommodate a home business, other than as required for normal residential use. (3) 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. City of Northfield, Minnesota Land Development Code

79 Article 2: Zoning Districts and Use Regulations (F) Outdoor Wood Fire Boilers or Furnaces (1) Zoning Certificate Required A zoning certificate shall be required prior to the installment or erection of an outdoor wood boiler or furnace (See Section 8.5.1, Zoning Certificate). (2) Development Standards (a) Outdoor wood boilers or furnaces shall only be permitted as an accessory use on lots with a minimum lot area of five acres. (b) Outdoor wood furnaces shall be set back: (i) A minimum of 200 feet from all lot lines; (ii) A minimum of 300 feet from the boundaries of all recorded subdivisions with lots less than five acres in size; and (iii) A minimum of 500 feet from all residential dwellings not located on the property where the outdoor wood furnace will be situated. (c) The boiler or furnace shall have a permanent chimney that extends at least 15 feet above the ground surface. (d) Only boilers or furnaces certified by the U.S. Environmental Protection Agency as Phase 2 qualified models are allowed. (3) Permitted and Prohibited Fuels (a) Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturer s instructions such as fuel oil, natural gas, or propane backup. (b) The following fuels are strictly prohibited in new or existing outdoor wood furnaces: (i) Grass clippings and other landscaping or vegetative refuse; (ii) Wood that has been painted, varnished or coated with similar material and/or has been pressure-treated with preservatives and contains resins or glues as in plywood or other composite wood products. (iii) Rubbish or garbage, including but not limited to food wastes, food packaging, or food wraps. (iv) Any plastic materials, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers. (v) Rubber, including tires or other synthetic rubber-like products. (vi) Any other items not specifically allowed by the manufacturer or this section. (G) 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 not encroach into the setback and build to requirements with Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines Land Development Code City of Northfield, Minnesota 3/8/2016

80 Article 2: Zoning Districts and Use Regulations (H) Swimming Pools, Hot Tubs, and Spas (1) No swimming pool, hot tub, or spa shall be constructed, altered, or renovated without first obtaining a zoning certificate (See Section 8.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review). (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. (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: (a) Interior side or rear property line: five feet. (b) Corner side property line: 15 feet. (4) All private swimming pools, hot tubs, and spas shall be surrounded at all times by a barrier that is designed to be insurmountable and impenetrable by young children. The city hereby adopts, by reference, the United States Consumer Product Safety Commission s guidelines for safety barriers for swimming pools to apply to all permanent or temporary swimming pools and hot tubs and spas. (I) Telecommunication Facilities and Antennas (1) 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: (a) (Facilitate the provision of telecommunication services to the residents and businesses of the city; (b) Minimize adverse visual effects of towers through careful design and siting standards; (c) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and (d) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas. (2) Exemptions. The following telecommunication facilities and antennas shall be exempt from the requirements of this section. (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; antenna height is measured from the average nearby ground level to the top of the receiving apparatus; (b) A ground- or building-mounted citizens band radio antenna, including any mast, if the height (post and antenna) does not exceed 35 feet; (c) A ground-, building-, or tower-mounted antenna operated by a City of Northfield, Minnesota Land Development Code

81 Article 2: Zoning Districts and Use Regulations federally licensed amateur radio operator as part of the Amateur Radio Service, existing on July 17, 2000 subject to the requirements of Section (H)(1), Amateur Radio Antennas; (d) A ground- or building-mounted receive only radio or television satellite dish antenna (TVRO) subject to the requirements of Section (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; (f) Mobile services providing public information coverage of news events of a temporary nature; (g) 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; (h) City-government-owned and -operated towers supporting receive and/or transmit antennas, including supporting structures, for all public safety and service purposes; (i) (ii) 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; Such tower shall be installed in accordance with the instructions furnished by 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 manufacturer's specifications; and (iii) Such towers shall be exempt from the requirements of subsections (F) to (I). (3) Prohibited Areas. Wireless telecommunication towers shall not be allowed in the following areas: (a) The R1, R2, R3, R4, A-S, or CD-S districts, except for a few exceptions outlined in Sections 2 (d) and (e), above, which do not exceed 120 feet in height. (b) The C1 district (c) Any 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; (d) 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 2-74 Land Development Code City of Northfield, Minnesota 3/8/2016

82 Article 2: Zoning Districts and Use Regulations 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; (4) Permitted Areas. Towers supporting commercial antennas and conforming to all applicable sections of this article shall be allowed as a permitted use in the following areas. (a) In the I1 and ED-F districts (b) On publicly owned property, as approved by the City Council (5) Conditional Uses. Towers supporting commercial antennas and conforming to all applicable sections of this article shall be allowed in the following cases as a conditional use subject to the procedure established in Section of this Chapter: (a) Church sites, when camouflaged as steeples or bell towers. Antennas and all other associated structures shall also be camouflaged; (b) Park sites, when compatible with the nature of the park, provided that the requirements of Section (F)(2) are met; and (c) Government, school, utility and institutional sites. (d) In the C2 district (6) Location Requirements. All commercial, wireless telecommunication facilities erected, constructed, or located within the city shall comply with the following requirements: (a) 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: (i) (ii) Place antennas and towers on sites where other public facilities are located or planned. Place antennas and towers on private institutional property and structures. (iii) Place antennas on other appropriate existing structures such as buildings, communications towers, water towers and smoke stacks. (iv) Place antennas on new towers on other private property. City of Northfield, Minnesota Land Development Code

83 Article 2: Zoning Districts and Use Regulations (b) Collocation. Towers shall be collocated as follows: A proposal for a new commercial wireless telecommunication tower shall not be approved unless the applicant submits a letter of denial for collocation for all existing or approved towers or buildings within a onemile 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 80 to 100 feet in height, and within a one-quarter-mile search radius for towers 80 feet and lower in height, due to one or more of the following reasons: (i) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (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. (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. (iv) Other unforeseen reasons exist that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower or building. (c) The applicant shall allow the city access to the tower for citygovernment-owned and -operated receive and/or transmit antennas for all public safety and service purposes to enhance communications for such purposes, provided that any attached communication equipment does not interfere with the applicant's equipment. (d) The host is entitled to reasonable compensation from any colocator for the use of its facility. Such compensation would include reimbursement for the cost of constructing the facility as it relates to any co-locator as well as a proportionate share of any rents paid by the host Land Development Code City of Northfield, Minnesota 3/8/2016

84 Article 2: Zoning Districts and Use Regulations (7) Tower Standards. Wireless telecommunication towers shall comply with the following standards unless the City Council grants a variance as necessary to reasonably accommodate the wireless telecommunication tower. (a) Tower and Accessory Structure Height In the following districts where the construction of a tower supporting commercial antennas is permitted as an allowed or conditional use, the tower shall not exceed the designated height limit: (i) In the R1, R2, R3, R4, A-S, or CD-S Districts, the tower shall not exceed 120 feet in height. (ii) In the C1 and C2 Districts, the tower shall not exceed 150 feet in height. (iii) In the I1 and ED-F Districts, the tower shall not exceed 180 feet in height. (b) Tower and Accessory Structure Setback: 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. (c) Tower and Accessory Structure Design. 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. To that end the following measures shall be implemented for all telecommunication facilities, except exempt facilities: (i) (ii) 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; Materials employed in the design of the tower and antenna 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. (iii) 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. (iv) The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. City of Northfield, Minnesota Land Development Code

85 Article 2: Zoning Districts and Use Regulations (v) (vi) Sufficient anti-climbing measures must be incorporated into the facility, as needed, to reduce potential for trespass and injury. 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. (vii) All towers 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. (viii) 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. (8) Landscaping and Screening. All telecommunication facilities, except exempt facilities as identified in Section (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 (B), Exemptions: (a) 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: (i) (ii) Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited in landscaped areas; and All underground lines shall be routed such that a minimum amount of damage is done to the tree's essential root systems Land Development Code City of Northfield, Minnesota 3/8/2016

86 Article 2: Zoning Districts and Use Regulations (b) 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. (c) 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 (d) 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. (9) 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 (B), Exemptions: (a) Potential adverse visual impacts which might result from project-related grading or road construction shall be minimized; (b) Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized; and (c) 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. (10) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers or portions of towers shall be removed as follows: (a) 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 facilities shall constitute a public nuisance that may be removed by the City and the costs thereof certified as a special assessment against the owner of the property on which the abandoned tower and associated facilities were located. (b) 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. City of Northfield, Minnesota Land Development Code

87 Article 2: Zoning Districts and Use Regulations (11) Review Procedure. Procedures for reviewing a permit are as follows: (a) It shall be unlawful for any person to erect, construct, place, reerect, replace, or repair any tower without first making application for a zoning certificate prior to applying for a building permit (See Section 8.5.1, Zoning Certificate). (b) If a conditional use permit is required for a requested tower, the requirements of Section 8.5.9, Conditional Use Permit shall apply. (c) Site plan review will be required for all towers that are listed as a permitted use in the applicable zoning district (See Section 8.5.6, Site Plan Review). (d) 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. (e) 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. (f) In addition to the above requirements, the applicant shall submit: (i) (ii) An inventory of available structures in the subject area to the city. A landscape plan 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. (iii) 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; 2-80 Land Development Code City of Northfield, Minnesota 3/8/2016

88 Article 2: Zoning Districts and Use Regulations (J) Solar Energy Sources and Systems (1) Placement and Design Standards Northfield encourages the installation of productive solar energy systems and recognizes that a balance must be achieved between character and aesthetic considerations and the reasonable desire of building owners to harvest their renewable energy resources. Roof and ground-mounted solar energy systems that meet the provisions of Section (b) below are permitted accessory uses in all districts where buildings are permitted. Pursuant to Minnesota Statutes, Section , subd. 6(2), solar energy systems that cannot satisfy the standards set forth in subparagraphs (a) through (e) below and receive adequate access to direct sunlight shall satisfy the practical difficulties standard applicable to variance applications under Section of this Chapter 34. (a) Height Solar energy systems must meet the following height requirements: (i) Building mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. (ii) Freestanding solar energy systems shall not exceed 20 feet in height in any zoning district when oriented at maximum tilt. (b) Setback Solar energy systems must meet the following setback requirements: (i) Building mounted solar energy systems The collector surface and mounting devices for building mounted solar energy systems shall not extend beyond the required setbacks of the building on which the system is mounted. (ii) Freestanding solar energy systems Freestanding solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt. (c) Coverage Freestanding solar energy systems are not allowed in a front yard. (i) (d) Visibility They may cover no more than 35% of a rear yard, and no more than 3 freestanding accessory solar structures are allowed on lots with one-and two- family dwellings. (i) (ii) Building-mounted solar energy systems shall be designed to be flush- mounted with the roof when facing the public right-of-ways other than alleys. The color of the solar collector is not required to be consistent with other roofing materials. Building-integrated Photovoltaic Systems: Buildingintegrated photovoltaic systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required City of Northfield, Minnesota Land Development Code

89 Article 2: Zoning Districts and Use Regulations setback and land use standards for the district in which the building is located. (e) Historic Buildings - Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) will require a conditional use permit and the accompanied Historic Preservation Committee review. (2) General Standards (a) Feeder lines - Any electric lines accompanying a solar energy system, other than those attached to on- site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying an solar energy system can be attached. (b) Commercial - All solar energy systems shall be limited to the purpose of on- site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator s regular electrical service provider in accordance Minnesota Statute 216B.164 or successor statute. (c) Northfield encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Statutes, Section (3) Abandonment A solar energy system that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the city, shall be presumed abandoned and shall constitute a public nuisance that may be removed by the City and the costs thereof certified as a special assessment against the owner of the property on which the abandoned solar energy system was located. (K) Wind Energy Conversion Systems (WECS) (1) Established Wind Resource All WECS shall only be installed where there is an established wind resource. An established wind resource can be documented in the following ways: (a) The planned turbine site has a minimum 11 MPH average wind speed at the designed hub height, as documented on the Minnesota Department of Commerce statewide wind speed maps. (b) The planned turbine has a minimum hub height of 80 feet and the blade arc is 30 feet higher, on a vertical measurement, than all structures and trees within 300 feet of the tower. (2) Height (a) The maximum total height from grade for non-commercial and commercial WECS shall be four hundred feet (400 ). (b) For micro-wecs, the maximum total height shall be seventy feet (70 ) Land Development Code City of Northfield, Minnesota 3/8/2016

90 Article 2: Zoning Districts and Use Regulations (3) Setback (a) Micro-WECS shall be located as follows: (i) (ii) Free-standing micro-wecs shall be setback from all property lines by a minimum of the height of the tower plus 10 feet. Freestanding tower height is measured from the base of the tower to the top of the WECS mechanism. Building mounted micro-wecs shall be setback from property lines by a distance equal to the tower height as measured from the base of the tower to the top of the WECS mechanism. (b) Non-commercial and commercial WECS: (i) (ii) Shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the visibility of the WECS or would lessen the negative impacts of such a WECS on nearby properties. Shall not be installed in a Fresnel zone where the proximity of the WECS to existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception in violation of FCC regulations (iii) Shall have a minimum setback distance from the base of the monopole of 1.5 times the WECS height from any property line, public right-of-way, electric substation, transmission line or other WECS. WECS height is measured from the base of the tower to the top of the WECS mechanism. (c) In addition, commercial WECS shall abide by the following guidelines: (i) (ii) Shall have a minimum setback distance from the base of the monopole of 1.5 times the WECS height to any occupied structure or public use area. WECS height is measured from the base of the tower to the top of the WECS mechanism including the blades. Shall have a minimum setback distance from the base of the WECS monopole of 600 feet from any property used or guided as park or public open space in the City s Comprehensive Plan. (iii) No portion of a WECS blade shall extend within 50 feet of the ground. No blades may extend over parking areas, driveways (except driveways used exclusively for servicing the WECS) or sidewalks. City of Northfield, Minnesota Land Development Code

91 Article 2: Zoning Districts and Use Regulations (4) Design All WECS shall meet the following standards: (a) All WECS shall be designed with a tubular, monopole type tower without a guy wires support structure. (b) No lights shall be installed on the tower, unless required to meet FAA regulations. (c) Any ladder, step bolts, rungs, or other features used for tower access shall not extend within eight feet of the ground. (d) One sign, not to exceed four square feet, shall be posted at the base of a WECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator. All other signs shall be prohibited on the units. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels. (e) All WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 mph or greater) (f) The WECS shall be white or light gray in color. Other neutral colors may be allowed at the discretion of the city council. The surface shall be nonreflective. (g) Batteries or other energy storage devices shall be designed consistent with the Minnesota Electric Code and Fire Code. (h) All electrical lines associated with the WECS shall be located underground. (i) All WECS shall comply with Minnesota Rules 7030 governing noise, or shall not exceed fifty (50) db(a) when measured from the outside of the nearest residence, business, school, hospital, religious institution, or other inhabited structure. (j) Historic Buildings - WECS within designated historic districts or on locally designated historic buildings will require a conditional use permit and the accompanied Historic Preservation Committee review. (5) Avoidance and Mitigation of Damages to Public Infrastructure by Commercial WECS (a) Roads Applicants for commercial WECS shall identify all county, city or township roads to be used for the purpose of transporting WECS substation parts, cement, and/or equipment for construction, operation or maintenance of the WECS and or substation and obtain applicable weight and size permits from impacted road authority(ies) prior to construction. (b) At the request of the road authority, the applicant shall post bonds or other financial assurance, subject to approval of the city council, sufficient to restore the road(s) to pre-construction conditions. (c) Drainage System The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS Land Development Code City of Northfield, Minnesota 3/8/2016

92 Article 2: Zoning Districts and Use Regulations (d) Green Infrastructure The applicant shall meet the most recent version of the Minnesota Department of Natural Resources Guidance for Wind Projects for siting wind energy facilities and mitigation of risk to natural resources. (6) Abandonment A WECS shall be considered abandoned after one year without energy production, unless a plan is developed and submitted to the Zoning Administrator outlining the steps and schedule for returning the WECS to service. An abandoned WECS shall constitute a public nuisance that may be removed by the City and the costs thereof certified as a special assessment against the owner of the property on which the abandoned solar energy system was located. All WECS and accessory facilities shall be removed to ground level within 80 days of abandonment. (7) Review Procedure (a) Approval or denial of an application for a conditional use permit to allow construction of a WECS shall be made by the city council as outlined in Section Conditional Use Permit of this section. (b) An application for a WECS shall be made on the forms provided by the city planner and shall be accompanied by the following: (i) (ii) A site plan, showing the following a. Location of proposed tower and setback from property lines; b. Location and full dimensions of all buildings existing on the property including exterior dimensions, height of buildings and all uses on property; c. Location and dimensions of any other natural or manmade features within 350 of the property such as trees, above ground utility lines, water bodies, buildings, roadways, or bridges. Drawings, to scale, of the structure, including the tower, base, and footings. The drawings shall show the proposed height of the structure. (iii) Engineering certification that turbine, foundation, and tower design are within accepted professional standards, given local soil and climate conditions. For noncommercial and micro-wecs, certification can be demonstrated by the manufacturer s engineer or another qualified engineer. (iv) (v) Evidence from the manufacturer or dealer that the WECS has been successfully operated in atmospheric conditions and is warranted against any system failures under reasonably expected severe weather operating conditions. If the WECS is proposed to be interconnected to a public utility, provide a letter of intent to interconnect, which has been signed by the utility company. City of Northfield, Minnesota Land Development Code

93 Article 2: Zoning Districts and Use Regulations (vi) Evidence that the proposed WECS will comply with applicable FAA regulations. (vii) The application for commercial WECS shall also include a shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a residentially zoned property may be acceptable if the flicker does not exceed 30 hours per year; and the flicker will fall more than 100 from an existing residence; or the traffic volumes are less than 500 vehicles (ADT). The shadow flicker model shall: a. Map and describe within a 1,000 foot radius of the proposed dispersed wind energy system the topography existing residences and location of their windows, location of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed; b. Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations. c. Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting WECS, a change in the operation of the WECS, or grading or landscaping mitigation measures. (viii) A site specific written statement from a qualified telecommunications/broadcast engineer describing the extent of expected interference from the WECS with respect to existing services within the electromagnetic spectrum, the methods that will be used to avoid or minimize the potential interference before and during construction, and the methods that will be used to mitigate signal degradation or interference after construction (ix) An analysis conducted by a certified wind energy installer or site assessor (North American Board of Certified Energy Professional, NABCEP, or equivalent) that includes estimates of wind speed at turbine height based on measured data, estimated annual production, and compliance with the turbine manufacturer s design wind speed Land Development Code City of Northfield, Minnesota 3/8/2016

94 Article 2: Zoning Districts and Use Regulations (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 Temporary Uses and Structures Purpose This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or 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 of Allowed Temporary Uses and Structures Table summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited. Table : Temporary Uses and Structures Allowable Duration (per Temporary Use or Structure Permit Required site) Commercial Businesses Construction Dumpster Construction Trailer 180 days per calendar year Until issuance of a certificate of occupancy Until issuance of a certificate of occupancy Zoning Certificate (Type 1 Review) No Zoning Certificate (Type 1 Review) Additional Requirements (E)(1) (E)(3) (G) (A) (B) Farmer s Market 180 days per calendar year No (E)(3) Garage/Yard Sales Maximum of three consecutive days, three No (C) times per calendar year Gravel Surface Parking Lots Until issuance of a certificate of occupancy No Real Estate Sales/Model Homes Seasonal Agricultural Sales Temporary Storage in a Portable Container Temporary Structure for Institutional Uses Until 85% occupancy of the phase is reached 180 days per calendar year Zoning Certificate (Type 1 Review) Zoning Certificate (Type 1 Review) (D) (E) 30 days per site No (F) three years Zoning Certificate (Type 1 Review) (G) City of Northfield, Minnesota Land Development Code

95 Article 2: Zoning Districts and Use Regulations General Standards for Temporary Uses and Structures Temporary uses or structures shall: (A) Obtain a zoning certificate (See Section 8.4.4, Type 1 Review Procedure, City Planner Decision without Development Review Committee Review) from the city planner, where applicable as shown in Table ; (B) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; (C) Be compatible with the principal uses taking place on the site; (D) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods; (E) Not include permanent alterations to the site; (F) Not maintain temporary signs associated with the use or structure after the activity ends; (G) Not violate the applicable conditions of approval that apply to a site or use on the site; (H) Not interfere with the normal operations of any permanent use located on the property; and (I) Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement Specific Regulations for Certain Temporary Uses and Structures (A) Construction Dumpster Temporary trash receptacles or dumpsters shall comply with the following standards: (1) Be located outside public rights-of-way to the extent possible; (2) Be located to the side or the rear of the site, to the maximum extent practicable; (3) Be located as far as possible from lots containing existing development; (4) Not be located within a floodplain or otherwise obstruct drainage flow; (5) Not be placed within five feet of a fire hydrant; and (6) Not be placed within a required landscaping area where it may destroy landscaped materials. (B) Construction Trailer Construction trailers may be permitted on a construction site provided that the trailer is: (1) Located on the same site or in the same development as the related construction; (2) Not located within a required open space set-aside or landscaping area; and (3) Associated with development subject to a valid building permit Land Development Code City of Northfield, Minnesota 3/8/2016

96 Article 2: Zoning Districts and Use Regulations (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. (D) Real Estate Sales Office/Model Home One temporary real estate sales office or model home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development, provided that the use: (1) Is located on a lot approved as part of a development agreement; (2) Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping; (3) Is operated by a developer or builder active in the same phase or section where the use is located; and (4) Is removed or the model home is converted into a permanent residential use once 85 percent occupancy in the section or phase of the development is reached. (E) Seasonal Agricultural Sales Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards: (1) Location (a) The property contains an area 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. (b) The sale of goods shall not occur within the public right-of-way. (c) On property where the owner of the property has provided permission for the seasonal sale of agricultural products. (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. (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 Land Development Code

97 Article 2: Zoning Districts and Use Regulations (F) Temporary Storage in a Portable Shipping Container Temporary storage in a portable shipping container shall be allowed to serve a permitted use provided it is placed on a paved surface and is, to the maximum extent practicable, located in the side or rear yards. (G) Temporary Structures Temporary structures serving public, institutional, or recreational uses shall comply with the following standards: (1) Location (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. (b) The structure shall be permitted within the building envelope but not within required rights-of-way, off-street parking, open space set-aside, or required landscaping areas. (2) Standards (a) Under skirting or other materials shall be used to prevent unauthorized access underneath the structure. (b) Parking shall be provided for the temporary structure in conformance with Section 3.6, Off-Street Parking, Loading, and Mobility. (c) The use shall not be required to be compatible with the existing principal structure exterior colors or materials. (3) 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 Nonconformities Purpose 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 General Provisions (A) Authority to Continue Any lawfully existing nonconformity including nonconforming uses, structures, and lots of records, but excluding adult establishments, may be continued so long as it remains otherwise lawful Land Development Code City of Northfield, Minnesota 3/8/2016

98 Article 2: Zoning Districts and Use Regulations (B) Determination of Nonconformity Status The burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located. (C) Ordinary Repair and Maintenance Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use or structure. (D) Nonconformities and Variances (1) The granting of a variance for a lot or structure that would otherwise comply with this LDC shall not create a nonconformity upon the approval of the variance. (2) When a property owner or authorized agent is granted a variance for a nonconforming structure or lot that addresses all nonconformities, the structure or lot shall no longer be considered nonconforming (See Section , Variance) Nonconforming Uses (A) Change in Use (1) Unless a use is identified as a pre-existing use in Table 2.7-1, a nonconforming use of land or of a structure shall not be changed to any use other than to a use permissible in the applicable zoning district. (2) When such nonconforming use has been changed to a permissible use, it shall only be thereafter used for a use permissible in the applicable zoning district. (3) For purposes of this subsection, a use shall be deemed to have been changed when an existing nonconforming use has been terminated and the permissible use has commenced and continued for a period of one month. (B) Extensions or Expansions (1) Nonconforming uses shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activity shall include: (a) 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. (b) 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. (c) 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. (d) New construction, reconstruction, or structural alteration. City of Northfield, Minnesota Land Development Code

99 Article 2: Zoning Districts and Use Regulations (C) Relocation No structure that is devoted in whole or in part to a nonconforming use shall be relocated in whole or in part to any other location on the same or any other lot, unless the entire structure and the use of the structure after its relocation conform to all the regulations of the district in which the structure and use are located after being so relocated. (D) Abandonment or Discontinuance 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. (E) Damage or Destruction (1) In the event that any non-conforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated fair market value as indicated in the records of the county assessor at the time of damage and no building permit has been applied for within 180 days of when the property is damaged, the non-conforming use may be continued, but the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on an adjacent property or water body. (2) Any such damaged non-conforming use may be repaired, replaced, restored and/or 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 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 (1) In the event that any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 50 percent of the assessed fair market value of such structure immediately prior to such damage, and no building permit has been applied for within 180 days of when the structure is damaged, the nonconforming structure may be required and/or reconstructed, but the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on an adjacent property or water body. (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 diligently pursued to completion within 12 months of the date of such damage Land Development Code City of Northfield, Minnesota 3/8/2016

100 Article 2: Zoning Districts and Use Regulations (C) Damage or Destruction in the WS-O District When a non-conforming structure in the WS-O district (See Section 4.2, Wild and Scenic River/Shoreland/Public Waters Overlay District) that is located closer to the ordinary high water mark than 50 percent of the required setback is destroyed by fire or other peril to a degree greater than 50 percent of its estimated fair market value as indicated in the records of the county assessor, a permit may be issued to repair the structure and such structure shall be required to be set back from the ordinary high water mark a greater distance, if practicable, and reasonable conditions may be placed on a zoning or building permit to mitigate impacts on adjacent property or the water body. (D) 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. (E) 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. (F) 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 Non-Conforming Lots of Record (A) Nonconforming Lots of Record in Residential Zoning Districts (1) Authority to Use for Single-Family Residence In any district in which single-family detached dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this 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: (a) Has less than the prescribed minimum lot area, width and depth, or any of them; (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 (c) Has remained in separate and individual ownership from adjoining tracts of land continuously since. (2) Regulations for Single-Family Use of Nonconforming Lots (a) The dwellings shall be placed on the lots so as to provide a yard on each side of the dwelling; City of Northfield, Minnesota Land Development Code

101 Article 2: Zoning Districts and Use Regulations (b) The sum of the widths of the two side yards on such lots shall not be less than the smaller of: (i) 25 percent of the width of the lot; or (ii) The minimum total for both side yards prescribed by the building envelope standards of said zoning district; and (iii) No side yard shall be less than three feet. (B) Nonconforming Lots of Record in the C2 District For any nonconforming lot of record in the C2 district, development may be authorized through a conditional use permit pursuant to Section 8.5.9, Conditional Use Permit. (C) Nonconforming Lots of Record in the I1 District For any nonconforming lot of record in the I1 district, development may be authorized through a conditional use permit pursuant to Section 8.5.9, Conditional Use Permit. (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, lot width, or other code provision below that required in the applicable zoning district shall not render the structure or use nonconforming 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 Pre-Existing Uses Purpose A Pre-Existing use identified in Table with a PE is not a nonconforming use and may continue whether or not the use is a permitted or conditional use in a particular district under this code. However, if a major amendment or change to the use is proposed to be made (as defined in Section 8.5.9(E), Amendments to an Approved Conditional Use Permit, of this code), such proposal shall be reviewed using the procedures and criteria of Section 8.5.9, Conditional Use Permit. A major amendment means an increase in floor space by 20 percent or more or a change in the type of use (e.g., residential to commercial). The conditions imposed by any pre-existing conditional use permit shall continue to apply unless otherwise approved by the City. Unless otherwise specifically provided by this code (e.g rd Street E.), pre-existing college-related office uses in a residential district shall be treated as nonconforming uses subject to Section 2.12, Nonconformities, rather than as pre-existing uses under this section Abandonment or Discontinuance In the event that a pre-existing use is abandoned or discontinued, only a use classified as the same as the abandoned pre-existing use may be reestablished 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 Land Development Code City of Northfield, Minnesota 3/8/2016

102 Article 2: Zoning Districts and Use Regulations Damage or Destruction 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 within the same footprint of the previous structure and shall not exceed the height of the previous structure. City of Northfield, Minnesota Land Development Code

103 Article 3: Site Development 3.1 Measurements, Computations, and Exceptions Site Development Standards General Development Standards Neighborhood Compatibility Standards Landscape, Screening, and Buffering Standards Off-Street Parking, Loading, and Mobility Pedestrian Access and Circulation Measurements, Computations, and Exceptions Percentages and Fractions 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: (1) A vehicular or non-vehicular access easement through the parcel; (2) An easement for an open drainage course, whether a ditch, natural channel or floodway; and (3) Other easements restricting the use of the property. (B) For nonconforming lots, see Section , Nonconforming Lots of Record. (C) With the exception of governmental acquisition of land as provided for in Section (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 Land Development Code 3-1 3/8/2016

104 Article 3: Site Development Lot Width Measurements Lot width is the distance between the side lot lines measured at the point of the front building line where a build-to line is established or between the side lots lines measured 30 feet from the front lot line where a minimum front yard setback is required (See Figure 3-1). Figure 3-1: This image shows a building that has 60 percent of the front building façade built to the build-to-line. In this case, the lot width is measured at the build-to-line Build-to-Line and Setback Requirements and Exceptions (A) Build-to Lines (1) Where a build-to-line is established, the front façade of the principal building shall be constructed along that build-to-line for the minimum percentage required (See Figure 3-1). (2) Eaves and other projections may encroach into the front yard, past the build-toline, in accordance with Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines. (3) The city planner may waive build-to line requirements for a project with more than one building, where the project street frontage is occupied by one or more buildings in compliance with applicable build-to line requirements and secondary buildings are placed on the site to the rear of the front buildings. (4) No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section. 3-2 Land Development Code City of Northfield, Minnesota 3/8/2016

105 Article 3: Site Development (B) Setbacks (1) Setback standards provide open areas around structures for visibility and traffic safety, access to and around structures, access to natural light, ventilation and direct sunlight, separation between potentially conflicting activities, and space for privacy, landscaping, and recreation. (2) Each structure shall comply with the front, interior side, corner street side, and rear setback requirements of the applicable zoning district, except: (a) Where a front or street-side build-to line requirement is established by the applicable zoning district, in which case a proposed structure shall instead comply with the build-to line requirement; (b) Where a setback requirement is established for a specific land use type in Section 2.9, Use-Specific Standards; (c) In the case of development near a waterway, which shall comply with the setback requirements established by the WS-O district, where applicable; and (d) As otherwise provided by this section. (3) No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section. (C) Exemptions from Setback and Build-to Line Requirements The minimum setback requirements and build-to line requirements of this LDC do not apply to the following: (1) A building feature that encroaches into a required setback as allowed by Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines; (2) A fence or wall that is allowed pursuant to Section 3.3.2, Fencing and Walls; (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; (4) A sign in compliance with Article 6, Signage; or (5) A retaining wall less than 30 inches in height above finished grade. (D) Measurement of Setbacks and Build-to Lines Setbacks shall be measured as follows, unless otherwise established elsewhere in Section 3.1, Measurements, Computations, and Exceptions, or in instances where the city planner may require different setback measurement methods because an unusual parcel configuration makes the following requirements infeasible or ineffective (See Figure 3-2). (1) General Requirements (a) A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel to the nearest point of the wall of the structure, except as provided for in this subsection. The front property line is the narrowest dimension of a lot adjacent to a street. City of Northfield, Minnesota Land Development Code 3-3 3/8/2016

106 Article 3: Site Development Figure 3-2: Setback locations and traffic safety visibility triangle (b) If the city has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback, or build-to line, shall be measured from the line shown on the plan. (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. (2) Corner Lots (a) The front setback or build-to line shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the city planner. (b) For the purposes of accessory uses, the rear yard shall be the setback that is on the opposite side of the lot from the front setback (front yard) from the street on which the building faces (See rear setback location on Figure 3-2). (c) The side setback or side build-to-line on the street side of a corner parcel shall be measured from whichever of the following points results in the greatest setback from an existing or future roadway: 3-4 Land Development Code City of Northfield, Minnesota 3/8/2016

107 Article 3: Site Development (i) The nearest point on the side property line bounding the street; (ii) The inside edge of the sidewalk; or (iii) The boundary of a planned future right-of-way established as described in Section 3.1.5(D) (1), General Requirements. (3) Double-frontage Lots (a) A double-frontage lot is considered to have two front lot lines and a required front setback or build-to-line shall be provided from both front lot lines (See Figure 3-3). Figure 3-3: Illustration of a double frontage lot, related lot lines, and related yards. (b) 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 façade faces the higher volume street. (c) 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. (d) For the purposes of accessory uses and structures, the rear yard shall be considered the yard that is behind the front, or principal, façade of the building. (e) See Section 5.2.2(G), Double Frontage Lots, regarding the limited circumstances where new double frontage lots are allowed. (f) Reverse frontage on double frontage lots shall be regulated by Section 3.3.1, Reverse Frontage. City of Northfield, Minnesota Land Development Code 3-5 3/8/2016

108 Article 3: Site Development (4) Side Setbacks The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks (See Figure 3-2). (5) Rear Setbacks (a) The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest part of the structure, establishing a setback line parallel to the rear property line (See Figure 3-2). (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. (E) Limitations on the Use of Setbacks for Structures A required setback area shall not be occupied by structures other than: (1) The fences and walls permitted by Section 3.3.2, Fencing and Walls; (2) Accessory uses permitted in the established yard per Section 2.11, Accessory Uses and Structures; and (3) The projections into setbacks allowed by Section 3.1.5(F), Allowed Encroachments into Setbacks and Build-to Lines, and the applicable zone. (F) 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 (See also Figure 3-4). These requirements do not apply to accessory structures, which are instead subject to Section 2.10, Accessory Uses and Structures. Table 3.1-1: Allowed Projections and Encroachments Allowed Encroachment Projecting/Encroaching Feature Front or Street Side Side Setback Setback Attached deck, landing, porch, stoop, or stairway that is uncovered, unenclosed, and less than 18 inches above grade Balcony, attached deck, landing, porch, stoop, or stairway that may be roofed but is otherwise unenclosed Balcony, attached deck, landing, porch, stoop, or stairway that is covered and enclosed Balcony, attached deck, landing, porch, stoop, or stairway that is uncovered and unenclosed that is 18 inches or more above grade 25% of setback to a maximum of five feet. 25% of setback to a maximum of five feet. Rear Setback May project to property line 20% of side setback [1] 20% of rear setback [1] Not allowed in setbacks. Must meet the minimum setback/build-to line requirements of applicable zoning district five feet 36 inches [1] five feet [1] Bay window or similar projecting feature 36 inches 20% of setback [1] 36 inches Chimney, fireplace (six feet wide or less in breadth) 24 inches 24 inches [1] 24 inches [1] 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. 3-6 Land Development Code City of Northfield, Minnesota 3/8/2016

109 Article 3: Site Development Figure 3-4: Allowed projections and encroachments. (G) Setback Requirements for Specific Structures A detached deck, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of 18 inches above the surrounding grade at any point, shall comply with the setback requirements of this LDC for detached accessory structures in Section 2.10, Accessory Uses and Structures Height Measurement, Limits, and Exceptions (A) The height of each structure shall not exceed the height limit established for the applicable zoning district (See Section 3.2, Site Development Standards) except as otherwise provided by this subsection. (B) 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. Figure 3-5: Maximum allowable height. City of Northfield, Minnesota Land Development Code 3-7 3/8/2016

110 Article 3: Site Development (C) Where specified in feet, building height shall be measured as the vertical distance from grade at the base of the structure to (See Figure 3-6): (1) The highest point of a flat roof; (2) The deck line of a mansard roof; or (3) The mean height between the eaves and highest point on gable, hip, or gambrel roofs. Figure 3-6: The height of a structure is measured based on the roof type. (D) Exceptions to Height Limits The following structures and structural features may exceed the height limits of this LDC as noted: (1) Architectural features including a chimney, cupola, monument, mechanical equipment, or vent may exceed the height limit by a maximum of three feet. A spire, theater scenery loft, tower, or other uninhabitable feature may exceed the height limit by 25 feet for nonresidential uses. (2) The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with Section , Telecommunication Facilities and Antennas. (3) The height of wind energy turbines shall comply with Section (K), Wind Energy Turbines (WET). (E) 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 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). (1) A traffic safety visibility area, which may include private property and/or public right-of-way, is a triangle area defined by measuring 35 feet from the intersection of the extension of the front and side street curb lines (or the right- 3-8 Land Development Code City of Northfield, Minnesota 3/8/2016

111 Article 3: Site Development of-way lines where there is no curb) and connecting the lines across the property (See Figure 3-7). Figure 3-7: Traffic safety visibility triangle for intersecting streets. (2) For intersections of streets and driveways, the traffic safety visibility area shall be created by measuring 25 feet from the edge of the driveway along the street and 20 feet along the driveway, perpendicular from the street (See Figure 3-8). Figure 3-8: Traffic safety visibility triangle for driveway and street intersections. (3) The city planner, in consultation with the city engineer, may reduce the distance requirement where it determines a narrow parcel frontage would excessively reduce buildable area. (4) No structure, sign, or landscape element shall exceed 30 inches in height, measured from the top of the curb, within the traffic safety visibility area, unless approved by the city engineer. (5) An exception to this requirement shall be for existing trees where the canopy is trimmed to a minimum of eight feet above grade. City of Northfield, Minnesota Land Development Code 3-9 3/8/2016

112 Article 3: Site Development 3.2 Site Development Standards Purpose 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) 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 Land Development Code City of Northfield, Minnesota 3/8/2016

113 Article 3: Site Development (B) Principal Building Placement Table and present the dimensional regulations for placing principal buildings in the residential districts. Permitted Density Table 3.2-1: Residential District Site Development Standards R1 R2 R3 R4 N1 [5] Permitted Density Controlled by Lot Width and Lot Depth 8.1 to 15 units per acre (Gross) 15.1 to 25 units per acre (Gross) See Section 12(E) Controlled by Lot Width and Lot Depth Build-to Line Front See (B) (2) Not Applicable Not Applicable Not Applicable See (C) (1) Side Street See (B) (2) Not Applicable Not Applicable Not Applicable 15 feet Building Area Ratio Building Area Ratio 25% Not Applicable Not Applicable Not Applicable 30% Building Setbacks Front Average of adjacent to within 5 See Note [1] See Note [1] See (C) (1) Side 5 feet See Note [1] See Note [1] See Section Dev. Agr. or 5 Corner Side 15 See Note [1] See Note [1] (E) Dev. Agr. or 15 Rear 25 Feet See Note [1] See Note [1] Dev. Agr. or 30 Between Buildings Not Applicable 10 Feet 10 Feet Not Applicable Lot Depth Max. Lot Depth 150 Feet Not Applicable Not Applicable Not Applicable None Minimum and Maximum Lot Width Single-Family Dwelling Feet Not Applicable [2] Not Applicable [2] Min.: 50 feet or Dev.Agr. [3] Two-Family Dwelling Feet Not Applicable [2] Not Applicable [2] Three-Family Dwelling Feet Not Applicable [2] Not Applicable [2] See Section (E) Multi-Family Dwellings Not Applicable Not Applicable [2] Not Applicable [2] Not Applicable Other Forms Maximum Building Height Parking Lot Setbacks As determined by Planning Commission in CUP review Not Applicable [2] Not Applicable [2] Building Height See See Note [4], See Note [4], Not Applicable Parking Lot Setbacks Ten feet along property lines and public rights of way Ten feet along property lines and public rights of way See Section (E) See Section (E) Not Applicable Min.: 60 feet or Dev. Agr. Min.: 80 feet or Dev. Agr. Min.: 105 feet or Dev. Agr. As determined by Planning Commission in CUP review 30 feet Not Applicable NOTES: 1 Building placement requirements for one, two, and three unit residential structures are found in Section 3.4.4, Standards for Development in R1, R2, R3, N1. Building setback requirements for four or more unit residential structures are 30 feet from any property line except for internal property lines between platted condominium apartment or rowhouse units. 2 Minimum and maximum lot widths for lots zoned R2 and R3 shall be the lot widths as part of the official lot of record. 3 Lot widths of 40 feet shall be allowed on lots where access is provided by an alley as permitted in Section 5.2.3(B)(12), Alleys and Private Streets or for single family lots with shared driveways. 4 Building height requirements for one, two, and three unit residential structures are found in Section 3.4.4, Standards for Development in R1, R2, R3, N1. 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. 5 Setbacks for N1 should follow the development agreement on file; if there is no official development agreement on file, follow the setbacks as shown in the table above. City of Northfield, Minnesota Land Development Code /8/2016

114 Article 3: Site Development Front Setback Side, Interior [3] 1, 2 or 3 Residential Units 20 Table 3.2-2: Site Development Standards for N2 District [1] Four to 9 or More Rowhouse Live- Live-Work Eight Residential Work Rowhouse Residential Units Units Building Placement Local Street: Arterials, collectors, alleys: [5] Local streets: 5-15 Arterials, collectors, alleys: Not Applicable Local streets: 5-15 Arterials, collectors, alleys: 5 Neighborhood- Serving Commercial Civic Uses [2] Not Applicable Rear [3] Side, Corner 15, or equal to front setback of an adjacent house facing side street Local streets: Arterials, collectors, alleys: Local streets: 5-15 Arterials, Collectors, alleys: Local streets: 5-15 Arterials, Collectors, alleys: Building Area Ratio Max. Lot Depth Minimum Lot Width Maximum Lot Width 30% 150 1: 40 2: 60 3: 75 Not Applicable Not Applicable 25 Corner: 45 Not Applicable Building Area Ratio Not Not Applicable Applicable Lot Depth Not Applicable Not Applicable Not Not Applicable 150 Not Applicable Not Applicable Applicable Minimum and Maximum Lot Width Not Applicable Objective: Achieve 4 to 6 dwelling units per net acre in the N2 District. Net = total minus wetlands, streams, ponds, parks, undevelopable slopes and arterial ROW. Not Applicable 50 Not Applicable 60 Not Applicable Not Applicable Building Height 60 Min 100 Max Not Applicable Not Applicable Not Applicable Not Applicable Building Height Driveway Allowed on which street type [6] 30 (Maximum) Collector or local streets or alleys 40 (Max) 40 (Max) [5] Collectors or locals, or alleys Collectors or locals, or alleys 40 (Max) 30 (Maxi) 40 (Max) Street Type Collectors or locals, or alleys Collectors or locals, or alleys Collectors or locals, or alleys 20 (Min) 30 (Max) Arterials, collectors or locals, or alleys 50 (Max) Arterials, collectors or locals, or alleys NOTES: 1 Unless otherwise noted, building placement requirements are a minimum and maximum distance from a property line. All measurements are in feet. 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 5.2.3(B)(12), 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. 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 , Multi-Family Dwellings. 6. Refer to Table of the Transportation chapter of the Northfield comprehensive Plan for a map of streets by type Land Development Code City of Northfield, Minnesota 3/8/2016

115 Article 3: Site Development (C) Garage Placement and Size in the Residential Districts Table presents the dimensional regulations for garages in the residential districts. (a) Purpose and Intent The intent of regulations on the setback, width and relative proportion of attached or detached garages is: (i) To ensure that there is a physical and visual connection between the living area of the home and the street; (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; (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; (iv) Provide for a more pleasant pedestrian environment by preventing garages from dominating the views of the neighborhood from the sidewalk; and (v) Enhance public safety by preventing garages from blocking views of the street from inside the home. (b) Dimensional Regulations Dimensional regulations for attached and detached garages for 1-, 2- and 3-family buildings are presented in Table City of Northfield, Minnesota Land Development Code /8/2016

116 Article 3: Site Development Table 3.2-3: Garage Regulations for One-, Two- and Three-Unit Buildings Garage Front Setback (min.) Exemptions: See Note 1. May be forward if on platted lot and consistent with 50 % of others in the subdivision R1 N1 N2 If 1 or 2 stalls wide: 4 behind primary façade Even with the primary façade* if there is a covered porch along at least 10 feet of the front façade of the house. If three stalls wide, the third stall must be set back an additional 2. If 3 stalls wide, must include one of these: Windows in the vehicle entrance doors One or more windows above the vehicle entrance door Other architectural treatment that diminishes the visual impact of the garage door If the garage is turned or angled, the garage may be even with the primary façade if the side facing the street has windows or other features that mimic the living portion of the house. The garage may be forward of the primary façade if a variance is granted. Attached Garages 30 If the lot is less than 65 wide: Garage may be forward 12 And if 3 stalls wide: Third stall must be set back an additional 2 Garage must include one of these: Windows in the vehicle entrance doors One or more windows above the vehicle entrance door Other architectural treatment that diminishes the visual impact of the garage door If the lot is 65 or wider and: If 1 or 2 stalls wide: 4 behind the primary façade Even with the primary façade if there is a covered porch along at least 10 feet of the front façade of the house. If 3 stalls wide, the third stall must be set back an additional 2 If 3 stalls wide, must include one of these: Windows in the vehicle entrance doors One or more windows above the vehicle entrance door Other architectural treatment that diminishes the visual impact of the garage door Interior Side Setback Corner Side Setback Regardless of lot width, if the garage is turned or angled, the garage may be set forward if the side facing the street has windows or other features that mimic the living portion of the house or the same as the front setback of an adjacent house facing that side street Rear Setback Width Floor Area Max. (sq. ft.) Driveway Max Width at Curb Line Maximum: - 32 and - 50 % of the width of the entire building Storage area without a vehicle entrance door but with a façade that matches the house will not be counted as garage width or the same as the front setback of an adjacent house facing that side street Maximum: - 32 and - 55 percent of the width of the entire building A storage area without a garage door but with a façade that matches the house will not be counted as garage width 3-14 Land Development Code City of Northfield, Minnesota 3/8/2016

117 Article 3: Site Development Table 3.2-3: Garage Regulations for One-, Two- and Three-Unit Buildings Front Setback Interior Side Setback Corner Side Setback R1 N1 N2 Detached Garages Same as attached garages 30 Same as attached garages or the same as the front setback of an adjacent house facing that side street Rear Setback Width 32 No maximum width or the same as the front setback of an adjacent house facing that side street Floor Area Max. (sq. ft.) Exemptions: Setbacks for N1 should follow the development agreement on file; if there is no official development agreement on file, follow the setbacks as shown in the table above. 2. Primary façade means the plane that runs through the most forward insulated wall facing the street, not counting minor projections less than 8 feet wide. City of Northfield, Minnesota Land Development Code /8/2016

118 Article 3: Site Development C1 District Site Development Standards Table 3.2-4: Dimensional Standards for the C1 District (in feet from property line) Setbacks Principal Building Front Setback [1] [2] [3] Minimum Maximum From Highway 3 right-of-way Minimum Maximum Historic District Sub-District 0 0 Not Applicable East of Highway 3 Sub-District 0 10 West of Highway 3 Sub-District Interior Side Minimum Corner Side Minimum Maximum Rear Adjacent to R District Minimum Adjacent to Non-Residential Min. Setbacks Accessory Building Front Interior side Rear Setbacks Parking or Internal Driveway To Rear of Building To Rear of Building To Rear of Building 5 5 Minimum front, side or rear Building Height Minimum [4] Maximum [5] 2 stories 50 feet 2 stories 50 feet 2 stories 50 feet [1] When a building abuts more than one public road right-of-way, the priority for determining which rightof-way is considered the front of the parcel shall be: (1) the City public street that runs north-south including all of Division Street, (2) Second or Bridge Square Streets, if applicable, (3) Highway 3, then (4) other streets. [2] In the Historic Sub-District, buildings located on a corner lot shall be constructed to meet the minimum and maximum setback line at the corner and extend at least 40 feet in each direction from the corner, depending on the width of the building. At least 80 percent of the front building wall and 30 percent of the corner side wall shall be constructed at the minimum-maximum setback line. Buildings shall be parallel to the street that they front unless an alternate orientation is compatible with existing adjacent buildings. [3] In the Historic District Sub-District, any lot edge along a front or corner side setback line that does not have a building wall shall be demarcated by a low masonry wall, decorative metal fence, dense hedge, decorative plaza open to the public or elevated deck. [4] An exception to the minimum building height requirement in Table to allow a one-story building may be permitted if the development proposal involves the rehabilitation, modification, or addition to an existing one-story building. [5] A commercial or mixed-use building that faces across a public street to housing in an R1 District shall have a maximum height of 3 stories. The maximum height may be exceeded only under the provisions of Section 8.5.9, Conditional Use Permit Land Development Code City of Northfield, Minnesota 3/8/2016

119 Article 3: Site Development Table 3.2-5: Site Development Standards for the C-1 District Building Appearances Exterior Building Materials Walking Historic District Sub-District 1. Buildings must be consistent with the design guidance of the City of Northfield Downtown Historic Preservation Design Guidelines and the Secretary of Interior s Standards for Rehabilitation, and receive a Certificate of Appropriateness from the HPC. 1. Materials must be consistent with the design guidance of the City of Northfield Downtown Historic Preservation Design Guidelines and the Secretary of Interior s Standards for Rehabilitation, and receive a Certificate of Appropriateness from the HPC. 1. All sidewalks are in the public right-ofway. 2. A pedestrian walkway is allowed along an interior side setback area. East of Highway 3 Sub-District West of Highway 3 Sub-District 1. Each visible side of a building shall have a similar appearance in terms of materials and general design. 2. Principal buildings shall have an entrance that faces the public street 3. Buildings shall have a base and a top to their architecture. 4. Building tops and elevations shall be articulated to reduce their apparent size and to undulate their facades. 5. Blank, unadorned exterior walls visible to the street are prohibited. Exterior walls should be visually divided into smaller sections of 20 to 40 feet through changes in color, material, depth or fenestration. 6. Clear non reflective windows at least 5 feet in height shall comprise at least 50 percent of the horizontal length of the front and corner ground floor building facades, and at least 25 percent of the horizontal length of the upper floor front and corner building facades that face a public street. 7. Buildings on sites that abut Highway 3 shall include windows on the wall that faces the highway. 8. Architectural elevations for all new or modified buildings shall include design, massing, materials, shape and scale that are compatible with nearby buildings. 9. Buildings shall be architecturally individual and shall not be of corporate architecture, including roof patterns, corporate colors, architectural elements or similar treatments. 10. The HPC will be asked to comment on applications but does not have authority outside of the Historic District. Allowable Primary Materials: 1. Easily-maintained materials that are durable and have a pattern, texture and detailing that are compatible with those in the Historic District Sub-District. 2. Brick, stone, stucco or colored and textured pre-cast concrete. 3. Metals with matte finish and with neutral or earth tone colors; metals that are used for exterior walls should have visible corner moldings and trim. Metal wall finishes should be secondary to masonry and pre-cast finishes. 4. Transparent glass. 5. Canvas awnings. 6. Wood as an accent material or in elements that are integrated with other desirable materials. Prohibited Primary Materials: 1. Non-durable siding materials such as plywood, corrugated metal, fiberglass, asphalt or fiberboard siding, or other materials that decay rapidly when exposed to the elements. 2. Materials that have no pattern or relief, especially when those materials are applied to large wall surfaces. 3. Vinyl. 4. Mirrored glass. 5. Materials that represent corporate colors, patterns or trademarks (except for signs). 6. Brightly colored metal roofing or canopies. 7. Concrete that is not enhanced as indicated under Allowable Materials, especially pre-cast, tilt-up walls.. 1. There shall be a public sidewalk along the street; the responsibility for sidewalk installation and maintenance will be as determined by City policy existing at the time. 2. If the property abuts a public sidewalk, an obvious walkway shall be provided from the public sidewalk to the main entrance of the principal structure. City of Northfield, Minnesota Land Development Code /8/2016

120 Article 3: Site Development Historic District Sub-District East of Highway 3 Sub-District West of Highway 3 Sub-District Parking Landscaping, Fences and Buffering 1. No parking shall be located between the front of the principal structure and the front lot line. 2. No parking shall be located on corner lots at the point of street intersections. 3. Off-street parking is allowed only by Conditional Use Permit in this subdistrict. 1. As needed to buffer parking along a public street. 2. Any lot edge along a front or corner side setback line that does not have a building wall shall be demarcated by a low masonry wall, decorative metal fence, dense hedge, decorative plaza open to the public or elevated deck. 3. Berms are not allowed. 1. No parking shall be located between the front of the principal structure and the front lot line. 2. No more than half of the parking shall be located to the side of the building; the rest must be to the rear of the building. 3. Parking should not be located on corner lots at the point of street intersections. If so, other techniques shall be used to make a positive visual statement at the corner and visually buffer the parking. 4. On-site parking is not required in the East of Highway 3 Sub- District. 1. A consistent landscaped edge, using plants and/or decorative hardscape, shall be constructed between parking and streets. 2. The edges of sidewalks and paths shall be reinforced with street trees, plantings, pedestrian-scaled street lights or similar amenities. 3. Any lot edge that is not occupied by a building shall have a landscaped setback, low masonry wall, decorative metal fence, decorative plaza or elevated deck. 4. Plantings along pedestrian corridors shall have a consistent character throughout the sub-district. 5. The periphery of all parking lots shall be landscaped and screened in compliance with Section Shade trees shall be planted in all parking islands. At least one tree shall be planted in each island and one tree shall be planted for each 100 square feet of island. 7. Ponding shall be landscaped in a park-like character. 8. Existing major trees shall be maintained to the extent practical. 9. Berms are allowed only for surface water management. Private Open Space Loading Trash Handling 1. All portions of a site not covered by buildings, parking, driveways, walkways, plazas, decks or seating shall be landscaped. 1. Loading areas and truck docks shall be located only on the rear side of the principal building 2. Plantings or building design shall be used to minimize the visual effect of loading docks and areas. 1. Trash and recycling storage shall be screened with a sturdy, four-sided enclosure. Lighting 1. As regulated under Section Signs 1. Off-premise advertising signs ( billboards ) are not allowed Table 3.2-6: Site Development Standards for Special Treatment Locations the C-1 District Historic District Sub-District East of Highway 3 Sub-District West of Highway 3 Sub-District Buildings along the Cannon River 1. Buildings with frontage on a public street and the Cannon River shall have primary façade features on both sides. 2. Buildings shall make active use of the Cannon River frontage through windows, entrances, patios, balconies, terraces or decks. Not applicable Commercial Buildings that Face across a Street to Housing in an R1 District Setbacks from Highway 3 1. Maximum height: 3 stories 2. Parking location priority: 1: behind the building, 2: adjacent to lot lines abutting a non-residential building, 3: on the corner side of a lot. 3. Off-street parking may be located adjacent to lot lines that abut housing only if there is no alternative and the parking will be screened from view. Buildings along Highway 3 shall not have parking areas between themselves and the highway. If this is judged to be impractical, a variance application may be submitted and other means should be used to create a visual edge along the highway such as plantings and/or a low masonry wall or decorative metal fence. The intention is to create a visual edge to the corridor through a combination of private and public improvements Land Development Code City of Northfield, Minnesota 3/8/2016

121 Article 3: Site Development C2 District Site Development Standards and Guidelines Table presents the site development dimensional standards for buildings in the C2 district. (A) Dimensional Standards Table 3.2-7: Dimensional Standards for the C2 District (in feet) Feature Building Setback - Principal Public Street [1] Interior Side Building less than 25 in height Building 25 or greater in height Rear Building Setback Accessory Front Interior Side Rear Dimension Same as principal building 5 5 Setback from Highway 3 Maximum 100 Parking Setback Public Street Interior Side [2] Building Height 50 Building Footprint Maximum [3] 75,000 [1] For a development site with a property line abutting a Local or Collector public street, the principal building on the site should have a wall located within 25 feet of that property line. The length of that wall should be equal to or greater than 25 percent of the length of that property line. [2] May be reduced for shared parking lots and similar public benefits. [3] Additional square footage may be allowed by Conditional Use Permit Development Intensity Land Uses Relationship of Buildings to Streets (B) Site and Building Design Guidelines Table 3.2-8: Site and Building Design Guidelines for the C2 District 1. Development should be compact; each site should be used efficiently. This means that the size of the each building should be maximized while the amount of off-street parking should be the minimum practical. Vertical or horizontal mixtures of differing types of development such as business and housing may be used to make full use of sites. 1. Retail and service businesses should be the primary uses of land in the C2 District, as listed in Table Multiple-family housing may be included as part of a mixed use development or may be appropriate as a stand-alone use in certain locations. 1. Whenever practical, at least one side of each building should be located in close proximity (without intervening parking) to one or more of the adjacent local or collector public streets such as Jefferson Road, Jefferson Parkway, Heritage Drive or Honeylocust Drive. On corner sites, the building should be located near the corner. The intention of this guideline is to add a sense of enclosure to the street and to help pedestrians walk from the street sidewalk to the building entrance. The rear or service side of the building should not be used for this purpose. 2. The primary entrance of buildings shall be oriented toward a public street or, if in the interior of a development and none of the facades has frontage on a public street, toward a driveway. 3. Site entrances should be located along the local or collector public streets and separated from other driveways or public street intersections according to the access management guidelines of the Transportation Plan chapter of the Northfield Comprehensive Plan. City of Northfield, Minnesota Land Development Code /8/2016

122 Article 3: Site Development Pedestrian and Bicyclist Access Building Primary Materials Building Facades and Massing 1. Site and building design shall include site improvements that create a system of pedestrian and bicycle circulation on site from parking areas to plazas, open space, other pedestrian pathways and to adjoining building. Existing and proposed pedestrian and/or bicycle circulation systems and easements shall be integrated into site design. 2. There should be a concrete sidewalk at least 5 feet wide in the street right-of-way along each public street abutting the site except for the Highway 3 frontage. 3. There shall be an obvious, designated walkway from the public sidewalk along the street to the front door of the building. 4. Bicycle parking is encouraged for every building. Bicycle parking facilities shall be provided according to Section Allowable Primary Materials: 1. Easily-maintained materials that are durable and have a pattern, texture and detailing that are compatible with those in the Historic District Sub-District. 2. Brick, stone, stucco or colored and textured pre-cast concrete. 3. Metals with matte finish and with neutral or earth tone colors; metals that are used for exterior walls should have visible corner moldings and trim. Metal wall finishes should be secondary to masonry and pre-cast finishes. 4. Transparent glass. 5. Canvas awnings. 6. Wood as an accent material or in elements that are integrated with other desirable materials. Prohibited Primary Materials: 1. Non-durable siding materials such as plywood, corrugated metal, fiberglass, asphalt or fiberboard siding, or other materials that decay rapidly when exposed to the elements. 2. Materials that have no pattern or relief, especially when those materials are applied to large wall surfaces. 3. Vinyl. 4. Mirrored glass. 5. Materials that represent corporate colors, patterns or trademarks (except for signs). 6. Brightly colored metal roofing or canopies. 7. Concrete that is not enhanced as indicated under Allowable Materials, especially pre-cast, tilt-up walls. 1. 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 should have a similar appearance in terms of materials and general design. 2. Building design should help create an environment conducive to walking and viewing by using generously-sized first-floor windows, doors, materials, articulation, canopies, awnings or other architectural elements. 3. Buildings shall be divided into increments by articulating the façade. This can be achieved through a combination of the following techniques and others that may meet the objective: (a) Stepping back or extending forward a portion of the façade. (b) Vertical divisions using different textures or materials (c) Division into storefronts with separate display windows and entrances (d) Variation in roof lines by alternating dormers, stepped roofs, gables or other roof elements to reinforce the modulation or articulation interval (e) Variations in color (e) Arcades, awnings, window bays, arched windows and balconies at intervals equal to the articulation interval (f) Providing a lighting fixture, trellis or similar landscape feature with each articulation interval. 4. Walls that face a public street shall have one or more windows or glass doors. The primary façade of each building should consist of a base, a body and a cap. The cap should consist of at least one of the following architectural features: a cornice, parapet, awning, canopy, or eaves. The base and cap should be clearly distinguishable from the body through changes in color, material, pattern, profile, or texture. Building facades visible from a public street should use materials and design features similar to those of the front façade. 5. Buildings over 100 feet in length should be at least 1-1/2 stories in height for at least 30 percent of their length. 6. When flat roofs are used, parapet walls with three-dimensional cornice treatments should conceal them Land Development Code City of Northfield, Minnesota 3/8/2016

123 Article 3: Site Development Windows Customer Entrance Design Landscaping Properties near the Cannon River 1. The primary street level façade of large retail or office establishments (over 25,000 square feet) that face a public street or walkway shall be transparent between the height of 3 and 8 feet above sidewalk grade for at least 40 percent of the horizontal length of the building façade. 2. The primary street level façade of smaller retail or office establishments (25,000 square feet or less) shall be transparent for at least 50 percent of the horizontal length of the building façade, between the height of 3 and 8 feet above sidewalk grade, at minimum. 1. Buildings should have clearly-defined, easily visible customer entrances that include at least three of the following features: (a) Canopies or porticos above the entrance; (b) Roof overhangs above the entrance; (c) Entry recesses or projections; (d) Arcades that are physically integrated with the entrance; (e) Raised corniced parapets above the entrance; (f) Gabled roof forms or arches above the entrance; (g) Outdoor plaza adjacent to the entrance having seating and a minimum depth of 15 feet; (h) Display windows that are directly adjacent to the entrance; (i) 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 (j) 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. 3. Areas not used for buildings or parking should be generously and intensively landscaped consistent with the standards of Section The following shall apply to interior landscaping in the C2 district: a. Landscape islands shall be located at the end of each parking row with a minimum size of 135 square feet for single loaded parking rows, and a minimum size of 270 square feet for double loaded rows (Figure 3-10). 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 (a) above (Figure 3-10). 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 (Figure 3-10). d. Each individual landscaped island shall include a minimum of one tree and two shrubs. e. The landscaped medians required in paragraph (c) above shall be planted with one deciduous tree every 20 lineal feet. 1. 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 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. City of Northfield, Minnesota Land Development Code /8/2016

124 Article 3: Site Development Figure 3-10: Illustration of conceptual parking lot landscape design Land Development Code City of Northfield, Minnesota 3/8/2016

125 Article 3: Site Development I1 District Site Development Standards (A) Dimensional Standards Minimum Table 3.2-9: Minimum Dimensional Standards for the I1 District Feature Lot area Dimension (feet) 40,000 square feet Lot width 150 Front yard setback 20 Side yard setback [1] 20 Height (maximum) [2] 50 Parking lot From a property line From a street right-of-way Or 20 feet from a street unless a greater setback distance is required by the state building code or other regulation. 2. Unless a greater height is authorized by a conditional use permit. (B) Transitions and Appearances Table : Transition and Appearance Standards for the I1 District Buffering and Screening Adjacent to other Districts Exterior Materials Buffering and screening requirements must be followed when bordering other zones, as described in Table 3.5-3, Buffer Areas, and Table 3.5-4, Planting Requirements. Construction of any building that is within 150 feet of the property line adjacent to Highway 3, Highway 19, or any non-industrial zoning district shall comply with the C2 Site Development Standards found in Section 3.2.4, not the I1 Site Development Standards found in Section The exterior walls of principal buildings shall consist primarily of face brick, stone, glass, stucco, synthetic stucco, architectural metal, approved architectural concrete, cast in place or pre-cast panels, or decorative block. The exterior walls of accessory buildings shall be complementary to those of the principal buildings in terms of materials and colors A-S District Site Development Standards (A) 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. (B) The minimum front yard setback is 70 feet. (C) The minimum rear yard setback shall be: (1) 50 feet for nonagricultural structures; (2) 100 feet for structures used to house livestock; and (3) Ten feet for accessory buildings. (D) The minimum side yard setback shall be: (1) 15 feet for nonagricultural structures; (2) 100 feet for structures used to house livestock; and (3) Ten feet for accessory buildings. (E) The maximum height of principal buildings shall be 50 feet except for agricultural structures such as, but not limited to, silos and barns. City of Northfield, Minnesota Land Development Code /8/2016

126 Article 3: Site Development PB-S Public Benefit Site Development Standards (A) Minimum Lot/Parcel Size - 43,560 square feet (B) Minimum Lot Width 40 feet (C) Minimum Front Yard Setback - 20 feet, except that in areas zoned C1 the front yard setback is 0 feet (D) Minimum Interior Lot Side yard setback - 10 feet (E) Minimum Corner Lot side yard setback - 15 feet (F) Minimum Rear yard setback - 20 feet (G) Parking requirements - Parking shall be constructed in compliance with Table CD-S District Site Development Standards (A) IDA Sub-zone and PTA Sub-zone Adjoining Agricultural or Industrial Zones (1) The minimum lot size - no minimum. (2) The minimum lot width - 0 feet (3) The minimum front yard setback - 0 or as required by state building code. (4) The minimum side yard setback 0 or as required by state building code. (5) The maximum height No maximum (6) Parking Requirement - See Table (7) Multiple Buildings - More than one principal building may be permitted on a single lot (B) PTA Sub-zone Adjoining All Other Zones Except Agricultural or Industrial Zones (1) Maximum lot coverage 40% including all buildings, other structures, and impervious surfaces (2) Multiple Buildings More than one principal building may be permitted on a single lot (3) Other Development Standards - All other development standards shall be as governed by the Conditional Use Permit process and approval criteria provided for in Section 8.5.9, Conditional Use Permit, of this Land Development Code. (C) 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 Fences and Walls, Section Outdoor Lighting, and Section Performance Standards as applicable ED-F District Site Development Standards (A) The minimum lot size shall be 20,000 square feet. (B) The minimum lot width shall be 100 feet. (C) The front build-to line shall be within 30 to 65 feet of a lot line that is adjacent to a street. (D) The front building façade shall have a relationship with the street that creates a pedestrian environment and frames the street. (E) The minimum side yard setback shall be ten feet from a lot line or 20 feet from a side street. (F) The maximum height shall be 50 feet unless authorized by a conditional use permit. (G) More than one principal building may be located on a single lot Land Development Code City of Northfield, Minnesota 3/8/2016

127 Article 3: Site Development 3.3 General Development Standards Reverse Frontage (A) Reverse Frontage Prohibited (1) Except for areas exempted in accordance with Section 3.3.1(B), Exemptions and Alternatives, residential lots with a reverse frontage shall be prohibited. (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. (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 5.2.3(B)(11)). (4) 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. (B) Exemptions and Alternatives (1) Residential structures on lots in the following locations may have reverse frontage: (2) Existing platted lots in residential subdivisions or lots subject to the PD-O district approved prior to the effective date of this LDC; (3) Residential lots where there is a minimum of 50 feet of open space between the street and the homes; and (4) Lots that provide a buffer A in Table in accordance with Section 3.5.8(D), Perimeter Landscaping Requirements. NO NO NO YES Figure 3-11: The image on the left demonstrates appropriate screening for reverse frontage lots. Fences or walls without landscape are inappropriate Fencing and Walls (A) Applicability (1) The requirements of this section shall apply to all fences and walls unless otherwise stated. (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 planner s office shall require a zoning certificate, and shall comply with all requirements of the city engineer in addition to the requirements of this section. City of Northfield, Minnesota Land Development Code /8/2016

128 Article 3: Site Development (3) 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. (B) General Requirements These requirements apply to fences in all zoning districts: (1) The finished side of a fence shall face the adjacent property. (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). (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. (4) Razor wire fencing, concertina, and above ground electrical fences are prohibited. Barbed wire is allowed to be used as part of security fencing only in the Industrial and Agricultural zone districts and only above six feet in height. (5) Fences used to enclose an outdoor pool shall meet the requirements of Section (G), Swimming Pools, Hot Tubs, and Spas. (6) All fences shall be maintained in good repair. Any fence that is potentially dangerous or in disrepair shall be removed or repaired. (7) No temporary fence, such as a snow fence or erosion control fence, shall be permitted on any property for a period in excess of 30 days unless approved by the city engineer. (8) The city planner may authorize temporary fencing that is necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. Such fencing shall be removed upon completion of construction. (9) Fencing may be allowed in drainage and utility easement areas in side and rear yards. 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. (C) Height (1) Fences shall be measured from grade to the height of the fence (not the support structures). (2) All fences more than six feet in height require a building permit. (3) Fences around dog kennels shall be limited in height to eight feet in height. (4) Fences in residential zoning districts shall be limited to four feet in height in front yards and corner side yards. Fences in side and rear yards shall be limited to six feet in height, except for dog kennels. (5) 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. (D) 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). (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 3-26 Land Development Code City of Northfield, Minnesota 3/8/2016

129 Article 3: Site Development 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. (2) Any retaining wall shall be approved by the city planner, in consultation with the city engineer, who will review the retaining wall s effects on drainage and erosion on the property and the neighboring properties. Figure 3-12: Retaining walls shall be benched, or terraced, so that no individual wall exceeds a height of six feet Outdoor Dining, Display, and Storage (A) Outdoor Dining Areas Outdoor dining areas on a private property shall be regulated as follows: (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 3.6, Off-Street Parking, Loading, and Mobility. (2) Outdoor dining areas shall be designated on the site plan. (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. (4) Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard. (5) Enclosing an outdoor dining area either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a zoning certificate. (B) Outdoor Sales and Storage of Goods and Materials (1) Seasonal Agricultural Sales Seasonal agricultural sales are regulated in Section (E), Seasonal Agricultural Sales. City of Northfield, Minnesota Land Development Code /8/2016

130 Article 3: Site Development (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 and C2 districts upon compliance with the following provisions: (a) Outdoor sale and display areas are prohibited on vacant lots unless approved in advance by the city planner as a temporary use. (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. (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. (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 3.3.3(B)(4), Outdoor Storage of Goods. (e) Temporary outdoor sales and display areas may be authorized in a parking lot under the following provisions: (i) The maximum time the temporary outdoor sales and display areas shall be authorized is for 90 days per year; (ii) Temporary outdoor sales and display areas shall only be authorized with a Temporary Use Permit pursuant to Section 8.5.2, Temporary Use Permit; and (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. (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. (4) Outdoor Storage of Goods Outdoor storage areas may be permitted where such storage areas comply with the following regulations: (a) Outdoor storage of goods shall be prohibited on vacant lots. (b) Outdoor storage shall comply with all applicable state and federal regulations. (c) Outdoor storage of goods may be permitted provided that the storage areas are located in the side or rear yard. In no cases shall the outdoor storage of goods be permitted between a principal building and a street. (d) Storage of any goods or materials shall not exceed six feet in height unless the storage is fully screened by a six foot high fence or wall that is architecturally compatible with the main structure in material type and color (See Figure 3-25 in Section (D), Fence or Wall Screens) 3-28 Land Development Code City of Northfield, Minnesota 3/8/2016

131 Article 3: Site Development 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 (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 8.4.5, Type 2 Review Procedure). (2) The lighting plan shall be prepared by a certified professional either an architect, landscape architect or lighting designer. (3) The applicant must provide a plan that identifies the location, height and type of luminaries and shows how the applicant intends to comply with this section. (4) A photometric plan of the site and fixture data sheets must be submitted with the site plan in order to determine the effect of the luminaries on surrounding properties. (C) Outdoor Lighting Standards (1) 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 parking lot lighting shall be modified to overcome these conflicts and shall be interpreted as being in compliance with lighting standards. (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. (3) The maximum height of a light fixture, either mounted on a pole or on a structure, is established in Table Table 3.3-1: Maximum Height of a Light Fixture Maximum Height of 90 O Cutoff District Lighting (See Figure 3-13) R1, R2, R3, R4, N1, N2, A-S, and 12 feet [1] NC-F districts C1, C2, I1, CD-S, PI-S, and ED-F 20 feet [2] districts 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. City of Northfield, Minnesota Land Development Code /8/2016

132 Article 3: Site Development Figure 3-13: Cutoff lighting. (4) Illumination Standards (a) Outdoor lighting shall not be designed or located in such a way as to shine directly into an adjacent dwelling unit, regardless of the applicable zoning district. (b) The maximum illumination permitted in each district type, as demonstrated by a photometric drawing, shall be as shown in Table below: District R2, R3, R4, N1, N2, and NC-F districts C1, C2, I1, CD-S, PI-S, and ED-F districts Table 3.3-2: Maximum Illumination Level at the Property Line Maximum Illumination across the Property or Area (average foot-candles) Maximum Illumination at the Property Line (foot-candles) Parking lots of six spaces or more 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 (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 (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. (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 Land Development Code City of Northfield, Minnesota 3/8/2016

133 Article 3: Site Development (6) Nonconforming Outdoor Lighting (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. (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 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. (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. (C) Air Emissions No gasses, or smoke shall be emitted, except as necessary for the heating or cooling of structures. (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. (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. (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. (G) Light and Glare Outdoor lighting shall comply with the requirements of Section 3.3.4, Outdoor Lighting Standards. (H) Liquid Waste No liquid, including dewatering waste, shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable local and state regulations. (I) Noise (1) It shall be unlawful to make, continue or cause to be made or 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. City of Northfield, Minnesota Land Development Code /8/2016

134 Article 3: Site Development (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 at the time and place and for the duration then mentioned shall be deemed to be a violation of the section, but any enumeration in this subsection shall not be deemed to be exclusive: Table 3.3-3: Maximum Decibels by District Duration of Sound 7:00 a.m.--6:00 p.m. (All districts) 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 (3) In determining whether a particular sound exceeds the maximum permissible sound level in Table 3.3-3: (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. (b) During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in column entitled 6:00 p.m. 7:00 a.m. (Residential Districts) of Table (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 and Section (5) Sounds emanating from lawful and proper activities at school grounds, playgrounds, parks or places wherein athletic contests take place are exempt from this section. (J) Odor No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site. (K) Radioactivity, Electrical Disturbance or Electromagnetic Interference 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 Land Development Code City of Northfield, Minnesota 3/8/2016

135 Article 3: Site Development (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: (1) Exterior Surfaces All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches and trim shall be maintained in good repair. Exterior wood surfaces, other than decay resistant materials, shall be protected from the elements and decay by painting or other protective coverage or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repaired. All siding and masonry joints shall be maintained weather resistant and watertight; (2) Exterior Walls Exterior walls of buildings shall be maintained free from holes, breaks, loose or rotting materials, and graffiti; and shall be maintained weatherproof and properly surface coated as needed to prevent deterioration. (3) Roofs Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and 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. (4) Windows All glass areas, including those in windows and doors shall be fully supplied and maintained as per the development plan. (5) Grounds (a) All landscaped areas as defined in the approved development plan shall be maintained and kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, and other such material and equipment. (b) All driveway, parking, loading and outside storage areas shall be maintained as per the approved development plan; and (c) All fences, walls, lighting, signs, storage structures, and other visual physical improvements or appurtenances as per the approved development plan shall be maintained in a safe, working order and in good appearance and free of graffiti. City of Northfield, Minnesota Land Development Code /8/2016

136 Article 3: Site Development 3.4 Neighborhood Compatibility Standards Purpose and Intent The purpose of the neighborhood compatibility standards is to protect the character of existing residential neighborhoods in instances where there is a proposed infill development, 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) Except where exempted by Section 3.4.3, Exemptions, these standards shall apply to the development, expansion, or redevelopment of structures in the R1, R2, R3, N1, and NC-F districts. In the PTA sub-zone, these standards shall be used as guidelines and not absolute standards. (B) The city desires to protect the quality of its surface waters, including the Cannon River and its creek tributaries. (C) Definitions: For the purposes of these standards: (1) Building Placement shall mean the actual location of an existing building on a property (See Section 3.1); and (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 (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 Exemptions The following forms of development shall be exempt from the standards of this section: (A) Accessory buildings; (B) Development subject to an approved master plan, development agreement, variance, or planned unit development protected by a PD-O district; (C) Existing nonresidential or mixed-use development lawfully established prior to the effective date of this LDC; (D) A change of use, with no structural changes, that is permitted in the base zoning district Standards for Residential Development (A) Development subject to these neighborhood compatibility standards shall comply with the standards of this subsection. (B) Design Standards for One, Two and Three Family Dwellings in R1, R2 and R3 (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: (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 Land Development Code City of Northfield, Minnesota 3/8/2016

137 Article 3: Site Development (b) Proposed new development or building expansion in the front yard shall be placed within five feet of 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 3-14). If there are fewer than four structures on the same side of the street, the lower number of structures is used in the calculation. Figure 3-14: 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. (c) For corner lots, proposed new development or building expansion shall be compared to the average of the two adjacent structures on both streets, except those structures no more than 50 feet or no less than 15 feet from their front yard line (see Figure 3-15). If there are less than two structures on either street, the lesser number of structures is used in the calculation. City of Northfield, Minnesota Land Development Code /8/2016

138 Article 3: Site Development Figure 3-15: Building placement for corner lot conditions. (2) Building Placement (a) 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 3-14, to within five feet. (b) Side yard. The minimum side yard setback shall be 5 feet. (c) Rear yard. The minimum rear yard setback shall be 30 feet. (d) 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 3-15), to within five feet. (3) Building Height and Massing (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 3-14 or Figure 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 Land Development Code City of Northfield, Minnesota 3/8/2016

139 Article 3: Site Development (b) No principal building shall be constructed where the primary façade is more than five feet wider or narrower than the average width of the two adjacent buildings on either side of the subject property. However, the width of the façade may be increased by more than five feet beyond the average width of the two adjacent buildings if the building has a recessed façade which is set back at least six feet back from the primary façade. Figure 3-16: The above detached dwelling exhibits compatibility with the surrounding dwellings in regard to design, scale, and building placement. (C) (D) Design Standards for One, Two and Three Family Dwellings in N1 (1) Building Placement (a) Front Yard. Proposed new development or building expansion in the front yard shall be placed within five feet of the setback established in the official development agreement on file for that property, but in no case may be closer than 15 feet to the front property line. If no development agreement exists, the front setback shall be feet. (b) Side Yard. Proposed new development or building expansion in the side yard shall comply with the setback established in the official development agreement on file for that property. If no development agreement exists, the minimum side yard setback shall be 5 feet. (c) Rear Yard. All new development or expansion of an existing building shall comply with the rear yard setback established in the official development agreement on file for that property. If no development agreement exists, the rear yard setback shall be 30 feet. (d) Corner Yard. Proposed new development or building expansion on a corner lot shall comply with the setback established in the official development agreement on file for that property. If no development agreement exists, the corner side yard setback shall be 15 feet. Maximum Amount of Paving Allowed on Single-Family Dwelling Lots (1) Paving shall be limited to no more than 30 percent of the front or street side setback areas. (a) Increases in the maximum amount of allowable paving may be approved by the city planner where, if necessary, to provide safe ingress and egress for the site. City of Northfield, Minnesota Land Development Code /8/2016

140 Article 3: Site Development (b) No parking shall be allowed in the landscaped areas. (c) 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. (d) No vehicles shall be parked in the front and/or street side setback areas other than on a paved driveway Standards for Development in the NC-F District Development subject to requirements of this section shall comply with the following standards in addition to the other requirements of this section: (A) Site Plan Review The standards of this section shall be reviewed through the site plan review process established in Section 8.5.6, Site Plan Review. (B) Use Limitations The following uses or features shall be prohibited as principal or accessory uses in the NC-F district: (1) Drive-through establishments; (2) Public address/speaker systems; (3) Outdoor storage; and (4) Uses providing delivery services via automobile or truck. (C) Site Layout (1) Off-Street Parking (a) The total amount of off-street parking shall not exceed the required minimum specified in Section 3.6, Off-Street Parking, Loading and Mobility, and may be reduced by 20 percent in the NC-F district. (b) Off-street parking shall be established in one of the following locations (listed in priority order): (i) Adjacent to off-street parking lots serving nonresidential uses on abutting lots; (ii) Adjacent to lot lines abutting nonresidential development; (iii) On a lot s corner side; (iv) Behind the building. (c) Off-street parking may be established adjacent to lot lines abutting residential uses or in front of the building only if the applicant can demonstrate that there is no other alternative location for the parking. (2) Landscaping/Screening (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. (b) Screening shall not interfere with public sidewalks or improved pedestrian connections Land Development Code City of Northfield, Minnesota 3/8/2016

141 Article 3: Site Development (c) Mechanical equipment shall be fully screened from adjacent residential uses by a fence, wall, landscaping, or combination of these features (See Section , Screening Requirements). (3) Outdoor Lighting (D) Operation (a) Outdoor lighting shall: (i) Have a maximum height of 15 feet; (ii) Be fully-shielded; (iii) Be configured so that the source of illumination is not visible; and (iv) Be directed down and away from adjacent residential lots. (b) The requirements of Section 3.3.4, Outdoor Lighting Standards shall also apply. (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. (2) Loading or unloading activities shall take place only between the hours of 7:00 a.m. and 7:00 p.m. 3.5 Landscape, Screening, and Buffering Standards 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: (A) Preserve the variety and extent of the city s urban forest as an integral part of this city s identity and infrastructure. (B) Protect privacy and provide buffering between land uses of differing intensities; (C) Aid in noise, glare and heat abatement; (D) Contribute to the process of air purification, ground water recharge, and control of ground water runoff; (E) Preserve large trees, natural wet lands, and/or other natural features; (F) Prevent tree loss by eliminating or reducing compaction, filling or excavation near tree roots; (G) Prevent or reduce soil erosion and sedimentation and stormwater runoff; (H) Enhance energy and water conservation; (I) Control the urban heat island effect; (J) Increase and maintain property values; and (K) 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. City of Northfield, Minnesota Land Development Code /8/2016

142 Article 3: Site Development Compliance and Maintenance Required (A) Where landscaping is required, no building permit shall be issued until the required landscaping portion of the site plan or zoning certificate application has been submitted and approved. (B) See Section , Installation, for installation timing requirements. (C) Steep slope areas (those in excess of 12 percent slope) shall be landscaped to maximize opportunities for native vegetation restoration in compliance with this section, 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 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 (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. (b) To conserve water, the installation of native and/or drought-tolerant plants and landscape materials is strongly encouraged. (c) Artificial plants are prohibited. (2) Quality (a) Plants shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. No label shall be removed until after the final inspection by the city is completed. (b) Trees of species whose roots are known to cause damage to public roadways or other public improvements shall not be planted closer than 15 feet to such public improvements. The city s approved plant list may include lists of prohibited street trees Land Development Code City of Northfield, Minnesota 3/8/2016

143 Article 3: Site Development (3) Existing Vegetation (a) Existing healthy, well-formed canopy and understory trees as well as healthy shrubs shall be credited toward the requirements of this section, provided the vegetation is protected before and during development of the site and maintained thereafter in a healthy growing condition and meets the applicable regulation. (4) Species Variety To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the diversity standards of Table Table 3.5-1: Species Diversity Number of Trees Required on Site Maximum Percentage of Trees that may be of a Single Species % % 40 or more 33% (5) Vegetation Size and Quality Requirements (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. (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. (c) Evergreen trees shall be a minimum of four feet in height for potted or ball and burlap trees at the time of planting. (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. (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. (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. (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. City of Northfield, Minnesota Land Development Code /8/2016

144 Article 3: Site Development (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. (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. (j) Ground cover may be supplemented with decorative rocks, pebbles, sand, or similar materials, when used for decorative purposes. (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. (l) Where landscaping is required, good quality soil must be provided and shall not include substandard fill, gravel, sand or highly alkaline soil material. (B) Earth Berms (1) Berms shall be physical barriers which block or screen a view in a manner similar to a hedge, fence or wall. (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. (3) Where berms are to be mowed, the maximum permitted slope is 3:1 (See Figure 3-17). Figure 3-17: Illustration of a permitted berm slope. (C) Walls and Fences Walls and fences shall comply with the standards of Section 3.3.2, 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. (B) Protective Curbing Where landscaping is installed in areas that are designed to manage storm water run-off, 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. (C) Safety Requirements Landscape materials shall be located so that at maturity they do not: (1) Interfere with safe sight lines for bicycle, pedestrian, or vehicular traffic; 3-42 Land Development Code City of Northfield, Minnesota 3/8/2016

145 Article 3: Site Development (2) Conflict with overhead lights, utility lines, or walkway lights; or (3) Block bicycle or pedestrian ways Tree and Woodland Preservation (A) Tree Inventory Required (1) As part of a submittal application for site plan review or a major subdivision, the applicant shall submit a tree inventory or professionally prepared tree survey (as appropriate) that clearly depicts the following: (a) Lot lines of the parcel(s) involved; (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 (c) Recommendations of which trees, or stands of trees, should be retained and protected. (2) 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. (B) Tree Protection Requirements Unless exempted pursuant to Section 3.5.6(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 (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 3.5.4, General Landscaping Material Standards) shall be credited, and the applicant shall be responsible for demonstrating how retained trees meet the standards of this LDC. (b) Existing viable trees with a minimum DBH of two inches, meeting all other minimum requirements for new plantings, which 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 3.5.8(D), Perimeter Landscaping Requirements. (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. (2) 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 3.5.6(D), Exemptions, the city planner shall allow the removal of protected trees only if the landowner demonstrates all of the following standards are met: (i) The site is otherwise in compliance with this subsection; (ii) The protected tree is an obstacle to access on the lot or site and no alternative exists for relocating such access; and (iii) Replacement tress shall be provided in accordance with Table City of Northfield, Minnesota Land Development Code /8/2016

146 Article 3: Site Development Table 3.5-2: Replacement Tree Requirements Caliper of Original Tree Replacement Trees Required 12 to 17 inches DBH One replacement tree for each protected tree removed 18 to 23 inches DBH Three replacement trees for each protected tree removed 24 to 35inches DBH Six replacement tree for each protected tree removed 36 to 47 inches DBH Ten replacement trees for each protected tree removed 48+ inches DBH Twelve replacement trees for each protected tree removed (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. (v) Replacement trees shall not be used to meet any other landscape requirements. (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. (b) 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. (c) 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. (d) 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. (e) Cutting, Removal, or Harm Prohibited Except as allowed by Section 3.5.6(B)(2), Removal and Replacement of Protected Trees, protected trees shall not be cut, removed, pushed over, killed, or otherwise harmed. (f) 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 Land Development Code City of Northfield, Minnesota 3/8/2016

147 Article 3: Site Development (3) Tree Protection during Construction (a) Owner s Responsibility During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed trees from damage both during and after construction in accordance with the standards of this subsection. (b) Tree Protection Fencing (i) All protected trees and trees intended for use as credit towards the landscaping standards of this section shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins. Fencing shall extend at least five feet from the edge of the drip line (See Figure 3-18 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 3-18: Illustration of protective fence placement for trees. (ii) All fencing required by this subsection shall be four feet in height and secured using appropriate posts. (4) Encroachments into Root Zones (a) Encroachments within the root zones of trees protected in accordance with this subsection shall occur only in rare instances. (b) If such an encroachment is anticipated, written verification by a qualified arborist shall be required documenting the tree s condition before and after the encroachment, including preventive measures that shall be employed prior to, during, and after the encroachment to insure the viability of the tree. (C) Monitoring, 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. (D) Exemptions (1) The following tree removal activities are exempt from the standards of this section: (a) Removal of trees that are dead or dying based on an analysis and report by a qualified arborist; City of Northfield, Minnesota Land Development Code /8/2016

148 Article 3: Site Development (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; (c) Removal of trees prohibited by the city as established in Section 3.5.4(A), Plants; and (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. (e) 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) At least one street tree shall be properly installed for each 40 foot length of right-of-way. This requirement may be modified depending on the chosen tree species and its typical spread at maturity. (B) Trees required for parking lot perimeter landscaping in Section 3.5.8(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. (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) Parking Lots Adjacent to Streets (a) A parking area for a nonresidential use or a multi-family residential use adjacent to a public street shall be designed to provide a ten foot landscaped planting strip between the street right-of-way and any parking area. (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). (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. (d) Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area Land Development Code City of Northfield, Minnesota 3/8/2016

149 Article 3: Site Development (2) Parking Lots Adjacent to Side or Rear Property Lines (a) Parking areas for nonresidential uses shall provide a perimeter landscape strip at least six feet wide (inside dimension) where the parking area adjoins a side or rear property line. (b) The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. (c) Shade trees shall be provided at the rate of one for each 30 linear feet of landscaped area. (3) Non-Residential Parking Lots Adjacent to Residential Uses (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. (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. (c) Shade trees shall be provided at the rate of one for each 30 linear feet of landscaped area. (C) Large Parking Lots Each required parking lot of 15 spaces or more in all zones, with the exception of the C2 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. (a) Landscaping shall be provided throughout the parking lot and consist of combination of ground cover, shrubs, and trees. (b) Areas containing plant materials may require a protective curbing pursuant to Section 3.5.5(B), Protective Curbing. (D) Perimeter Landscaping Requirements All surface parking areas shall be screened from streets and adjoining residential properties, and the open areas between the property line and the public street right-of-way shall be landscaped. (a) Parking Lots Adjacent to Streets (b) A parking area for a nonresidential use or a multi-family residential use adjacent to a public street shall be designed to provide a ten foot landscaped planting strip between the street right-of-way and any parking area. City of Northfield, Minnesota Land Development Code /8/2016

150 Article 3: Site Development Figure 3-19: Perimeter landscaping required between a parking lot and a street. (c) 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 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). (d) 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. (e) Shade trees shall be provided at a minimum rate of one for every 30 linear feet of landscaped area. (f) Shade trees should be strategically planted/located to provide the maximum possible shade to vehicles and paved areas. (g) 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). Figure 3-20: Illustration of parking lot perimeter screening. (2) Parking Lots Adjacent to Side or Rear Property Lines (a) Parking areas for nonresidential uses shall provide a perimeter landscape strip at least six feet wide (inside dimension) where the parking area adjoins a side or rear property line Land Development Code City of Northfield, Minnesota 3/8/2016

151 Article 3: Site Development (b) The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. (c) Shade trees shall be provided at the rate of one for each 30 linear feet of landscaped area. (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: (a) A four-foot high solid decorative masonry wall or fence. (b) Shade trees shall be provided at the rate of one tree for each 30 linear feet. (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. (E) Interior Parking Lot Landscaping (1) Amount of Landscaping (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. (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. (2) Landscaping Location Landscaping shall be evenly dispersed throughout the parking area, as follows. (a) Landscaped islands shall have a minimum width of nine feet as the narrowest dimension. (b) Shade trees planted using an orchard-style planting (the placement of trees in uniformly-spaced rows) is encouraged for larger parking areas. (c) The trees shall comply with the species diversity requirements of Table such that no more than 33 percent of the required shade trees are of the same species. Shade trees shall create a shade canopy and have an unobstructed cross visibility between two and six feet. (d) The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel, or mulch. (e) Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including at a minimum, specimen trees, flowering plants, or enhanced paving. City of Northfield, Minnesota Land Development Code /8/2016

152 Article 3: Site Development (3) 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 Surface Water Management Land Development Code City of Northfield, Minnesota 3/8/2016

153 Article 3: Site Development Buffering Between Zoning District (A) General (1) Development shall provide a buffer between land uses in accordance with this section. The buffer shall have the width as provided in Table 3.5-3, an amount of vegetation as provided in Table and other features to properly mitigate the negative effects of contiguous incompatible uses. (2) Development in the C1 and A-S districts shall be exempt from these requirements. Table 3.5-3: Minimum Width of Required Buffer Areas Proposed Use: R1 or N1 (Residential Uses) R1 or N1 (Nonresidential Uses) R2, R3, or R4 C2 I1 PI-S ED-F Adjacent to: R1 or N1 (Residential Uses) X 18 Feet Planting Buffer A 18 Feet Planting Buffer B 25 Feet Planting Buffer C 40 Feet Planting Buffer D 18 Feet Planting Buffer B 25 Feet Planting Buffer C R1 or N1 (Nonresidential Uses) 18 Feet Planting Buffer A X None 18 Feet Planting Buffer B 25 Feet Planting Buffer C 18 Feet Planting Buffer B 18 Feet Planting Buffer B R2, R3, or R4 18 Feet Planting Buffer B None X 18 Feet Planting Buffer B 25 Feet Planting Buffer C None X C2 25 Feet Planting Buffer C None 25 Feet Planting Buffer C X 18 Feet Planting Buffer B None None I1 40 Feet Planting Buffer D None 40 Feet Planting Buffer D None X 18 Feet Planting Buffer B None CD-S None None 18 Feet Planting Buffer B 18 Feet Planting Buffer B 25 Feet Planting Buffer C None 18 Feet Planting Buffer B PI-S None None None 18 Feet Planting Buffer B 25 Feet Planting Buffer C X 18 Feet Planting Buffer B NC-F None None None None 18 Feet Planting Buffer B None 18 Feet Planting Buffer B ED-F 25 Feet Planting Buffer C None 25 Feet Planting Buffer C 18 Feet Planting Buffer B None X City of Northfield, Minnesota Land Development Code /8/2016

154 Article 3: Site Development (B) Locational Standards (1) Buffer areas shall be located between the uses for which they are required to buffer or screen. (2) When the same property owner owns and is developing adjoining parcels, the required buffer area may be placed on either parcel. (3) When a different property owner owns the adjacent property, the buffer area shall be placed on the property being developed. (C) Structures No structure shall be permitted within a required buffer other than a wall, fence, or earth berm. Parking areas and driveways shall not encroach upon buffer areas. (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 3.5-4: Required Buffer Area Table 3.5-4: Minimum Planting Requirements Minimum Trees (Deciduous or Ornamental) per 100 lineal feet Minimum Evergreen Trees per 100 lineal feet Minimum Shrubs per 100 lineal feet A 3 None 10 B C D 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: (1) Large waste receptacles (dumpsters or grease collection containers) and refuse collection points (including large recycling containers); (2) Loading and service areas; (3) Outdoor storage areas (including storage tanks) not subject to the outdoor storage requirements of Section 3.3.3, Outdoor Dining, Display, and Storage; and (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. (5) Building walls, parapets, and/or roof systems shall be designed to conceal all roofmounted mechanical equipment from view from adjacent properties and public rightsof-way (See Figure 3-21) Land Development Code City of Northfield, Minnesota 3/8/2016

155 Article 3: Site Development Figure 3-12: Example of how parapet walls are utilized to screen roof mounted mechanical equipment. (C) Screening Requirements (1) All screening shall be approved during zoning certificate or site plan review. (2) All items to be screened shall be shielded from view from public roads and adjoining property. (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 3.5.4, 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. (4) All plant materials used for required screens around service areas shall be of an evergreen variety. (5) 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. (D) Fence or Wall Screens (1) Fences or walls shall be compatible with the architectural materials and patterns of the principal structure. (2) Under no circumstances shall a wall be constructed of unfinished concrete or cinder block. City of Northfield, Minnesota Land Development Code /8/2016

156 Article 3: Site Development Figure 3-13: Use of a wall and fencing for screening that is architecturally compatible with the principal building Changes to Approved Landscape Plans The city planner may authorize minor changes from the requirements of this section. (A) For purposes of this subsection, minor changes shall be defined as changes to the landscaping plans that are not visible and do not affect the theme or character established for the subject development project. (B) A revised landscape plan shall be submitted to the city planner for review Installation (A) 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 , Statement of Surety. (B) Landscaping and irrigation systems shall be installed in compliance with the approved plans before final building inspection. (C) 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 , Statement of Surety. (D) 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 Statement of Surety When a surety is required, such surety shall be in the form of cash, letter of credit, performance bond, or instrument of credit, in an amount equal to 110 percent of the total value of all plant materials, irrigation, installation, and maintenance and shall be posted with the city for a two-year period in compliance with Section 5.1.4(E)(4), Forms of Financial Guarantees Land Development Code City of Northfield, Minnesota 3/8/2016

157 Article 3: Site Development Maintenance of Landscape Areas (A) Maintenance Required (1) All landscaping (e.g., ground cover, hedges, lawns, shrubs, and trees) shall be maintained in a healthful and thriving condition at all times. (2) The landscaping shall regularly be kept clean and free of debris, litter, and weeds. (3) All dead or decaying material shall be replaced with new material within 30 days upon notice of the city planner. (B) 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. 3.6 Off-Street Parking, Loading, and Mobility 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: (1) Prevent and alleviate the congestion of public streets; (2) Promote the efficient use of land; (3) Integrate pedestrian and non-motorized transportation by emphasizing pedestrian circulation, and establishing requirements for bicycle parking; (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 city s Parks, Open Space and Trail System Plan. (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. (6) 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. (B) The parking regulations will implement the following objectives (as paraphrased) from the 2008 Comprehensive Plan. (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; (2) Encourage a compact development pattern and support infill, redevelopment and land intensification as articulated in land use objective LU3 in the comprehensive plan; (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; (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 City of Northfield, Minnesota Land Development Code /8/2016

158 Article 3: Site Development land use objective LU6, environmental resource objectives ER3, ER9 and ER10 in the comprehensive plan; (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; (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 Applicability (A) New Uses The parking and loading requirements of this section shall apply to a site plan review as established in Section 8.5.6, Site Plan Review, or zoning certificate application as established in Section 8.5.1, Zoning Certificate, for the construction of a new building or use in any district. (B) Expanded Uses (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. (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. (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 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. (C) Change of Use No change of use shall be authorized unless the new use meets the minimum number of parking spaces required by this section. (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. (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 Land Development Code City of Northfield, Minnesota 3/8/2016

159 Article 3: Site Development 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 8.5.1, Zoning Certificate, or site plan review as established in Section 8.5.6, Site Plan Review. (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. (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. (D) Outdoor Parking and Storage of Vehicles (1) 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. (2) Parking and Storage of Vehicles in Residential Districts (a) Parking and Storage in the Front or Side Yard (i) Operable and licensed automobiles, motorcycles, or trucks of one-ton capacity or less, in regular use, may be parked on a driveway in the front yard. (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. (iii) No other motorized vehicle parking shall be located within an unpaved surface in the front or side yard. (b) Parking and Storage in the Rear Yard Parking and storage of motorized vehicles in the rear yard shall be prohibited. (c) 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. (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. (F) General Access and Circulation Requirements (1) The traffic generated by any use, whether vehicular or pedestrian shall be channeled and controlled in a manner that will avoid: City of Northfield, Minnesota Land Development Code /8/2016

160 Article 3: Site Development (a) Congestion on the public streets; (b) Traffic hazards including obstacles to safe pedestrian and bicycle access; and (c) Excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure its safe and orderly flow. (2) Traffic into and out of business areas shall, to the maximum extent possible, be forward moving with no backing into streets 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. (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. (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. (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. (E) Gasoline Stations Spaces at the pump at a gas station may count toward the minimum parking space requirements. (F) Occupancy- or Capacity-Based Standards (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. (2) In hospitals, bassinets shall not be counted as beds. (3) 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. (G) Unlisted Uses (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. (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) Land Development Code City of Northfield, Minnesota 3/8/2016

161 Article 3: Site Development (3) The city planner s decision regarding parking requirements for a specific use is appealable to the zoning board of appeals as established in Section , Appeals. (H) 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. (I) Parking Areas within a Structure No parking area located within the interior of a structure shall be counted in meeting the offstreet 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) Tables and Table define the number of parking spaces required for each use within the city. (B) The applicant may vary from the required number of parking spaces in accordance with Section 3.6.8(A), Modification of Required Number of Spaces. (C) The minimum number of parking spaces for all zoning districts is stated in Table Table states the required number of spaces for use categories. The standards of Table and Table apply unless specifically superseded by other portions of this LDC. (D) See Section 3.6.7, Bicycle Parking for off-street parking requirements for bicycles. Table 3.6-1: Minimum Required and Maximum Allowed Parking Spaces by Zoning District Zoning District Requirement A-S, R1, R2, R3, R4, N1, and N2 C1 Minimum is Standard A in Table Maximum is Standard B in Table 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] C2 Minimum is Standard A in Table Maximum is Standard B in Table CD-S Minimum is Standard A in Table PI-S Minimum is Standard A in Table Maximum is Standard B in Table NC-F Minimum is Standard A in Table Maximum is Standard B in Table ED-F Minimum is Standard A in Table Maximum is Standard B in Table Hotels, Motels, and Extended Stay Establishments shall be subject to the minimum and maximum parking standards in Standard A and Standard B in Table City of Northfield, Minnesota Land Development Code /8/2016

162 Article 3: Site Development Table 3.6-2: Parking Spaces by Use (Refer to Table to determine which standard applies) Use Categories Specific Uses Standard A Minimum Standard B - Maximum Minimum Bicycle Parking Requirement Residential Uses 1-, 2- and 3-Family Dwellings 2 off-street spaces per dwelling unit including the space in the driveway. Two operable, licensed vehicles plus 1 per licensed driver living in the dwelling unit. None Townhouse, 4-, 6- and 8- Family Buildings A minimum of 2 off-street spaces per dwelling unit for residents' use counting the private driveway plus a minimum of 0.5 off-street shared space per dwelling unit for visitors' use. If the housing is located along a public street, some credit may be given by the City Council for visitors' parking available on the adjacent street. 4 off-street plus 1 shared space 10 percent of Standard A (covered according to Section (G)) Apartment Building 1.5 spaces per dwelling unit plus at least 0.5 space per unit in common for visitors. 2 per unit plus 1 per unit for visitors. 10 percent of Standard A (covered according to Section (G)) Housing for the elderly Independent living, assisted living or memory care Total spaces for residents, staff and visitors: Independent: 1 per unit Assisted or memory: 0.4 per unit None 5 spaces (covered according to Section (G)) At least 35 percent of the spaces must be provided in a surface lot so that they can be shared among visitors and staff. Group living Includes residential care facilities and specialized care facilities 1 space per employee on the maximum shift plus 0.10 shared per dwelling unit for visitors. On street spaces may be counted for visitors with Council approval. None Live / Work 1 space per living unit, plus 1 per employee 2 spaces per living unit, plus 1 per employee 3 spaces Commercial Use Hotel, Motel, Extended Stay Establishments 1 space per room or suite 1.25 spaces per room or suite 10 percent of Standard A Neighborhoodserving Commercial 1 space per 500 square feet of floor area. Adjacent onstreet parking may be included in the minimum requirement 1 space per 350 square feet of floor area. Adjacent onstreet parking may be included in the minimum requirement 5 spaces Office 1 space per 500 square feet of floor area 1 space per 250 square feet of floor area 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. (Section (G)) 3-60 Land Development Code City of Northfield, Minnesota 3/8/2016

163 Article 3: Site Development Table 3.6-2: Parking Spaces by Use (Refer to Table to determine which standard applies) Use Categories Restaurants (not fast food) and bars Restaurant, fast food Retail Sales and Service Warehouses and Yards Specific Uses Includes retail, personal services and repair-oriented businesses Includes distribution facilities Standard A Minimum 15 spaces per 1,000 square feet or 1 space for each 4 seats, whichever is greater 8 spaces per 1,000 square feet 4 spaces per 1,000 square feet Industrial 1 space per 5,000 square feet; mixed-use structures shall also be based on other use requirements Standard B - Maximum 20 spaces per 1,000 square feet or 1 space for each 4 seats, whichever is greater 15 spaces per 1,000 square feet 6 spaces per 1,000 square feet None Minimum Bicycle Parking Requirement 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 (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 Section (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 (G)) Public, Institutional, or Recreational Uses Golf Courses 5 spaces per green 8 spaces per green 5 spaces (covered according to Section (G)) Hospital Recreational Facilities Public and Semipublic Buildings School (Institutions of Higher Education) Includes cultural facilities Colleges and college related facilities Number of spaces as required per a parking study 2 spaces per 1,000 square feet 3 spaces per 1,000 square feet 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 parking study. On street parking adjacent to property owned by a college may be counted towards meeting the parking requirement. Number of spaces as required per a parking study 4 spaces per 1,000 square feet 5 spaces per 1,000 square feet None 10 spaces(covered according to Section (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 (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 (G)) 25% of Standard A. (covered according to Section (G)) City of Northfield, Minnesota Land Development Code /8/2016

164 Article 3: Site Development Disabled Parking Requirements Parking spaces required for the disabled shall be provided in compliance with all the applicable state and federal requirements. All spaces for the disabled shall be located so that: (A) The spaces provide easy access from the closest parking area to the major entrance of the use for which they are provided; (B) The disabled individual is not compelled to wheel or walk behind parked cars other than his or her own; (C) 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) Those areas of the C1 district that do not require vehicle parking are not required to provide bicycle parking. However, bicycle parking is still encouraged in those areas. (B) The number of required bicycle parking spaces is found in Table 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: (1) If more than ten bicycle parking spaces are required, at least 50 percent of those spaces shall be sheltered by overhangs or covered walkways. (2) Each bicycle parking space shall be accessible without moving another bicycle, usually by allowing 2½ feet by six feet for each bicycle parking space. (C) 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. (D) A sign shall be posted at the main building entrance indicating the location of large bicycle parking areas. (E) Bicycle parking areas shall be well-lit for theft protection, personal security, and accident prevention. (F) The following standards are applicable to bicycle racks: (1) Bicycle racks shall be securely anchored, maintained, and accessible during all seasons (i.e. free of debris and snow). (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. (3) Bicycle racks shall be located within 50 feet of the main entrance within view of passersby, retail activity or office windows but should not block pedestrian traffic. (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 3-23) Land Development Code City of Northfield, Minnesota 3/8/2016

165 Article 3: Site Development U Style Wave Style Bollard Style Figure 3-14: Examples of acceptable bicycle racks (G) Bicycle parking shelter requirements shall include: (1) A permanent free standing structure of sufficient size to protect the bicycle from exposure to snow or rain; or (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. (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. (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. Figure 3-15: Examples of bicycle parking shelters Modification of Parking Requirements (A) Modification of Required Number of Spaces For all uses except single-, two-, and three-family dwellings, the number of parking spaces required in Table and Table 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 City of Northfield, Minnesota Land Development Code /8/2016

166 Article 3: Site Development (1) Providing More Parking Spaces than the Required Number of Spaces An applicant may request additional spaces beyond those required in Table and Table but shall be required to provide the following information: (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). (b) Number of full-time and part-time employees. (c) Number and approximate timing of deliveries. (2) Providing Fewer Parking Spaces than the Required Number of Spaces Ten percent of the spaces required in Table and Table 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): (a) off-site parking spaces, or (b) shared parking spaces, or (c) shadow parking spaces as provided for in this subsection, or (d) on-street parking. (B) Modification of Bicycle Parking The city planner may waive or reduce the required number of bicycle parking spaces in those instances 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) Number of customers, employees, patients, residents, visitors, or other patrons of the proposed use. (2) 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). (C) 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 3-25): (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. (2) At no time shall any portion of the required parking area that is so designated for future construction be used for the construction of any structure or paved surface with the exception that pervious pavers may be used to provide temporary parking provided that the pavers allow for grass and other vegetation to grow through the material. (3) At no time shall any portion of the required parking or loading that is so designated for future construction, as provided herein, be counted as open space or other non-paved areas required by other provisions of this section Land Development Code City of Northfield, Minnesota 3/8/2016

167 Article 3: Site Development (4) The owner shall initiate construction of the approved "future" parking area(s), as identified on the approved parking plan, within three months of the receipt of a certified letter or a letter through normal postal service (in the event that the certified letter is not accepted) sent to the owner of record from the city planner, identifying that such parking is determined to be necessary. Figure 3-16: Illustration of shadow parking concept. (D) 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 3.6.8, Modification of Parking Requirements. (1) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities. (2) The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request. Shared parking may be approved if: (a) A sufficient number of spaces is provided to meet the highest demand of the participating uses; (b) Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the city planner, documenting the nature of uses and the times when the individual uses will operate so as to demonstrate the lack of potential conflict between them. (c) The shared parking spaces will not be located in excess of 500 feet from the further most point of the space to the front door, or other viable building entrance as approved by the city planner, of the use they are intended to serve; City of Northfield, Minnesota Land Development Code /8/2016

168 Article 3: Site Development (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. (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. (f) No zoning certificate will be issued until proof of recordation of the agreement is provided to the city planner. (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 3.6.8, Modification of Parking Requirements. (1) Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, hospitals, bars (if not incidental to a restaurant), or convenience stores and other convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility. (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. (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. (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. (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. (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. (7) No zoning certificate will be issued until proof of recordation of the agreement is provided to the city planner Location of Parking (A) Generally (1) Unless otherwise stated, parking spaces shall be located on the same lot as the principal use they serve unless the spaces meet the requirements of Section 3.6.8(D), Shared Parking or Section 3.6.8(E), Off-Site Parking Land Development Code City of Northfield, Minnesota 3/8/2016

169 Article 3: Site Development (2) Parking is prohibited in any required screening or landscaping buffering areas as may be required in Section 3.5, Landscape, Screening, and Buffering Standards. (B) 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. (C) Setbacks (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. (2) All setbacks near intersections of public streets shall be determined by the city engineer 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 5.2.3(B)(7), Access. (1) Parking areas shall provide suitable maneuvering area so that vehicles enter from and exit to a public street in a forward direction only. (2) Parking lots shall be designed to prevent access at any point other than at designated access drives. (3) Single dwellings and multi-family dwellings units (up to a maximum of four units) are exempt from this requirement. (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 3-26). Figure 3-17: Non-impeded access driveway. (5) A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles within nonresidential developments. City of Northfield, Minnesota Land Development Code /8/2016

170 Article 3: Site Development (6) Surfacing (a) Within all zoning districts, driveways shall be paved and permanently maintained with asphalt, concrete, or approved paving units. (b) Within the R1, N1, and N2 districts, driveways may have a grass median separating the driveway parking area (see Figure 3-27). The paved driveway strips shall be at least 12 inches in width. Figure 3-18 : Example of grass median separating driveway parking area. (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. (d) A driveway with a slope of ten percent or greater shall be paved with rough surface concrete in all cases. (B) Access to Adjacent Sites (1) Nonresidential Developments (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. (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. (2) Shared pedestrian access between adjacent residential developments is strongly encouraged but not required. (C) Parking Space Dimensions (1) Each parking space, driveway, and other parking lot features shall comply with the minimum dimensions in Table as illustrated in Figure Land Development Code City of Northfield, Minnesota 3/8/2016

171 Article 3: Site Development Angle of Parking (degrees) One-Way Maneuvering Aisle Width (Feet) A Table 3.6-3: Parking Space and Aisle Dimensions Two-Way Maneuvering Aisle Width (Feet) A Parking Stall Width (Feet) Parking Stall Length (Feet) B C Compact Compact Full Size Size Size Full Size 0 o Parallel o 53 o o 75 o o 90 o Figure 3-19: Parking space and aisle requirements based on angle of parking. (2) When the length of a parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot. (3) The required length of a parking space shall not provide for a vehicle overhanging a landscaped area or walkway. The entire length shall be composed of a surfacing material in compliance with Section (F), Grading, Surface, and Maintenance. (D) Use of Compact Vehicle Spaces (1) This subsection provides for the establishment of compact vehicle spaces as an alternative to full sized spaces. (2) For parking lots with 50 or more spaces, a minimum of five percent of the total spaces shall be designed for compact vehicle spaces. (3) A maximum of 20 percent of spaces in any single parking lot may be dedicated to compact parking spaces. (4) Compact spaces shall be clearly labeled for compact cars and grouped together in one or more locations or at regular intervals so that only compact vehicles can easily maneuver into the space. City of Northfield, Minnesota Land Development Code /8/2016

172 Article 3: Site Development (5) Existing nonresidential developments that wish to utilize this section to create additional parking spaces (e.g., either by adding land area to an existing parking lot or modifying an existing parking lot to gain more spaces) shall first apply for site plan review. (6) Design techniques (e.g., use of lampposts and/or extra landscaped areas at the front of compact spaces) shall be incorporated into the parking lot plan to preclude the parking of standard size vehicles in compact vehicle spaces, subject to the approval of the city planner. (7) The minimum off-street parking dimensions for compact vehicle spaces shall be as identified in Table (8) When the length of a compact parking space abuts a column, fence, wall, or other obstruction, the required width of the entire parking space shall be increased by at least one foot. (E) Striping and Identification (1) Parking spaces shall be clearly outlined with four-inch wide lines painted on the parking surface. (2) The striping shall be continuously maintained in a clear and visible manner in compliance with the approved plans. (3) The color of the striping shall be white, yellow, or other color as approved by the city planner unless required by state law (e.g., parking for the disabled). (F) Grading, Surface, and Maintenance (1) All grading plans relating to the parking facilities shall be reviewed and approved by the city engineer before any work can commence. (2) All parking plans are subject to the surface water management standards in Chapter 22, Article VI Surface Water Management. (3) All off-street parking facilities shall be properly graded and drained so as to dispose of all surface water accumulated within the area of the parking lot. (4) In no instance shall a storm drainage facility be designed to allow the flow of water into abutting property without an approved easement. (5) All parking spaces and maneuvering areas shall be designed to accommodate parking based on the land use, but shall be surfaced with not less than two inches of asphalt, 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. (G) 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: (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. (2) If protection of landscaped areas, trees, buildings and safety are not issues, the preference is flat curbing. (3) 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 Land Development Code City of Northfield, Minnesota 3/8/2016

173 Article 3: Site Development (H) Curb Cuts Access to an off-street parking lot shall not be allowed to occur through the use of a continuous curb cut (e.g., where most or the entire street frontage is provided as a curb cut for access purposes). Curb cuts shall be designed according to the city s engineering standard specifications approved by the city engineer. (I) Entrance or Exit Adjacent to Side Property Line Prohibited (1) For residential uses, no entrance or exit, including driveways, to off-street parking areas shall be situated closer than three feet from a side property line, except in the case of a shared driveway, which shall be subject to the approval of the city planner. (2) 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. (J) Parking Lot Landscaping Requirements for parking lot landscaping are found in Section 3.6.8, Parking Lot Landscaping Requirements. (K) 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 who demonstrates that the parking layout is a viable alternative and is consistent with the purpose of this section Internal Sidewalks and Pedestrian Access (A) A pedestrian connection shall be constructed from the building to the public right of way. (B) The pedestrian connection shall have a minimum width of eight feet. Figure 3-20: 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 3-29). City of Northfield, Minnesota Land Development Code /8/2016

174 Article 3: Site Development (D) 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 and to other internal sidewalks Loading Space Requirements (A) Applicability The application of these loading requirements shall be limited to the same applicability as defined in Section 3.6.2, Applicability. (B) Loading Spaces Prohibited Loading spaces are prohibited in all residential zoning districts and the C1 district. (C) Number of Off-Street Loading Spaces Required (1) Off-street loading spaces shall be provided in accordance with the schedule set forth in Table and shall not conflict or overlap with any areas used for parking. Table 3.6-4: Off-Street Loading Requirements Gross Floor Area of Structure (square feet) Number of Required Loading Spaces 0-10, ,001-50, , , , , , ,000 4 Each additional 200,000 1 (2) The requirements of Table 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. (D) General Design Standards Every loading space shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below: (1) Location of Required Loading Spaces (a) Loading spaces shall be: (i) As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible; (ii) Situated to ensure that the loading facility is screened from adjacent streets; (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; (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; (v) Situated so that trucks parking in them will not encroach onto the public right-ofway or into required parking spaces or driveways. Loading spaces designed for 3-72 Land Development Code City of Northfield, Minnesota 3/8/2016

175 Article 3: Site Development larger trucks shall have appropriately larger access to allow maneuvering without encroaching into landscaped areas; and (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. (b) Loading spaces or loading docks shall not be permitted to face a public street. (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. (3) Access (a) Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that will create the least possible interference with traffic movement and parking lot circulation. The city planner shall approve access to and from loading spaces. (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. (c) Loading spaces shall be designed with sufficient apron area to accommodate truckturning movements and to prevent backing of trucks onto any street right-of-way. (4) Screening (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. (b) The screening material shall satisfy the buffer requirements of the most restrictive adjacent zoning district as outlined in Section 3.5.9, Buffering Between Zoning District. (5) Lighting Loading areas shall have lighting capable of providing adequate illumination for security and safety; lighting shall also comply with the requirements of Section 3.3.4, Outdoor Lighting Standards. (6) Striping (a) Loading spaces shall be striped and identified for "loading only." (b) The striping and "loading only" notations shall be continuously maintained in a clear and visible manner in compliance with the approved plans. 3.7 Pedestrian Access and Circulation Purpose 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. City of Northfield, Minnesota Land Development Code /8/2016

176 Article 3: Site Development Internal Sidewalks and Pedestrian Access Site Design Requirements (A) 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. (B) The pedestrian connection shall have a minimum width of eight feet. (C) 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). (D) 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 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. Emphasis should be placed on implementing the Northfield Parks, Open Space, and Trail System and the Greater Northfield Area Greenway System, including making connections to the system Improvements Required at Subdivision (A) 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 3.7.3(B) above. (B) 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 Trail System Plan or where by reasons of steep topography, such sidewalks are not feasible from a grading standpoint as verified by the city engineer. (C) Construction of both sidewalks and trails shall be as specified in the city s engineering standard specifications. (D) Sidewalks along streets shall have a minimum width of five feet or wider as specified in Section 5.2.3, Streets and Table (E) 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. (F) 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. (G) 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. (H) All sidewalks and trails shall comply with applicable standards of the Americans with Disabilities Act Land Development Code City of Northfield, Minnesota 3/8/2016

177 Article 3: Site Development Pedestrian Connections Required Outside of New Subdivisions (A) 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. (B) 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) 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. (B) 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) 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 5.2.2(L), Blocks. (B) 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 3-30). Trails used to comply with these standards shall conform to all of the following criteria: (1) Multi-use trails shall be no less than eight feet wide and located within a 20-foot-wide right-of-way or easement that allows for drainage and access for maintenance and emergency vehicles; (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 (3) The city may require landscaping within the trail easement/right-of-way for screening and the privacy of adjoining properties. Figure 3-21: Cul-de-sac trail connection. City of Northfield, Minnesota Land Development Code /8/2016

178 3-76 Land Development Code City of Northfield, Minnesota 3/8/2016

179 Article 4: Floodplains, Wetlands and Shorelands 4.1 Development Standards for the FP-O District Development Standards for the WS-O District Development Standards for the FP-O District Applicability This section shall apply to all lands within the jurisdiction of Northfield shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain subdistricts (designated as the FP-O district on the official zoning map) General Provisions The official zoning map is incorporated herein by reference. The official zoning map shall be on file in the office of the city clerk and the city planner. The materials attached to the official zoning map shall include the following: (Revised by Ordinance 923, October 18, 2011) (A) The Flood Insurance Study, Rice County, Minnesota and Incorporated Areas and the flood insurance rate maps with panel numbers 27131C0154D, 27131C0158D, 27131C0159D, 27131C0161D,27131C0162D,27131C0170D, all of these documents being prepared by the Federal Emergency Management Agency and dated April 3, 2012; and (B) The Federal Emergency Management Agency s Letter of Map Revision (LOMR) for the City of Northfield (case # P), having an effective date of October 2, 2012; and (C) The Flood Insurance Study, Dakota County, Minnesota and Incorporated Areas and the flood insurance rate maps with panel numbers 27037C0480 E, 27037C0481 E, and 27037C0482 E, all of these documents being prepared by the Federal Emergency Management Agency and dated December 2, Interpretation (A) In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (B) 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 City of Northfield, Minnesota Land Development Code 4-1 3/11/2015

180 Article 4: Article 4: Floodplains, Wetlands and Shorelands elevations that existed on the site at the time the city adopted its initial flood plain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain, if earlier, 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. (C) 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. (D) This section does not imply that areas outside the floodplain districts or land uses permitted within such subdistricts will be free from flooding or flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder Development Standards for the Floodway Subdistrict (FW) (A) Permitted Uses (1) Permitted uses shall include fences, parks, loading areas, parking areas, lawns, gardens, play areas, trails, and buried utility transmission lines, subject to the additional standards in this section. (2) All other uses, including those permitted or conditionally permitted in underlying base zoning districts, shall be prohibited. (3) Standards for floodway permitted uses shall be as follows and as determined by engineering studies required by the city as part of the application: (a) (b) The use shall have a low flood damage potential. The use shall be permissible in the underlying zoning district. (B) (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. 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 4.1.4(A), Permitted Uses, above and the uses listed below: (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. (2) Storage yards for equipment, machinery, and materials. (3) Railroad, streets, bridges, pipelines, and above grade utility transmission lines. (4) Recreational vehicles on individual lots of record. 4-2 Land Development Code City of Northfield, Minnesota 3/11/2015

181 Article 4: Article 4: Floodplains, Wetlands and Shorelands (C) Standards for Conditional Uses in the Floodway Subdistrict (1) No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) All floodway conditional uses shall be subject to the procedures and standards contained in this Section 4.1, Development Standards for the FP- O District, and Section 8.5.9, Conditional Use Permit. (3) The conditional use shall be permissible in the underlying zoning district. (4) Fill and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (5) Accessory Structures (a) (b) (c) (d) (e) Accessory structures shall not be designed for human habitation. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the state building code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: (i) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (ii) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and (iii) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not City of Northfield, Minnesota Land Development Code 4-3 3/11/2015

182 Article 4: Article 4: Floodplains, Wetlands and Shorelands less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (6) Storage of Materials and Equipment (a) (b) 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. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city. (7) Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of 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. (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 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 4.1.5(E), Standards for All Flood Fringe Uses. (B) Standards for flood fringe permitted uses shall be as follows: (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection 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. (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 4.1.4(C)(5)(c). (3) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (4) The provisions of Section 4.1.5(E), Standards for All Flood Fringe Uses. 4-4 Land Development Code City of Northfield, Minnesota 3/11/2015

183 Article 4: Article 4: Floodplains, Wetlands and Shorelands (C) (D) Conditional Uses Any structure that is not elevated on fill or flood proofed in accordance with Section 4.1.5(B)(1) and Section 4.1.5(B)(2) or any use of land that does not comply with the standards in Section 4.1.5(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) and (E) below, Section (D) and Section 8.5.9, Conditional Use Permit. Standards for Flood Fringe Conditional Uses: (1) 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: (a) (b) (i) (ii) The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in City of Northfield, Minnesota Land Development Code 4-5 3/11/2015

184 Article 4: Article 4: Floodplains, Wetlands and Shorelands the state building code and shall be used solely for building access, parking of vehicles or storage. (2) Basements, as defined by Article 9: Definitions, of this LDC, shall be subject to the following: (a) (b) Residential basement construction shall not be allowed below the regulatory flood protection elevation. Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 4.1.5(D)(3) below. (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. (4) Storage of materials and equipment: (a) (b) 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. 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. (E) (5) The provisions of Section 4.1.5(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: (1) New Principal 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. 4-6 Land Development Code City of Northfield, Minnesota 3/11/2015

185 Article 4: Article 4: Floodplains, Wetlands and Shorelands (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. (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. (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 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. (5) Flood Plain Developments 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. (6) Recreational Vehicles Standards for recreational vehicles are contained in Section 4.1.9, Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles. (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. City of Northfield, Minnesota Land Development Code 4-7 3/11/2015

186 Article 4: Article 4: Floodplains, Wetlands and Shorelands 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). (1) The uses listed in Section 4.1.4(A), Permitted Uses shall be permitted uses. (B) (2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 4.1.6(B) below. Section 4.1.4, Development Standards for the Floodway Subdistrict (FW), shall apply if the proposed use is in the floodway subdistrict and Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF), shall apply if the proposed use is in the flood fringe subdistrict. Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District (1) Upon receipt of an application for a flood development permit or other approval within the general flood plain subdistrict, the applicant shall be required to furnish such of the following information as is deemed necessary by the city planner for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe subdistrict: (a) (b) (c) (d) (e) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. A conditional letter of map revision (CLOMR) from FEMA and a flood plain map that result in FEMA approval. (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 subdistrict and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 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 4-8 Land Development Code City of Northfield, Minnesota 3/11/2015

187 Article 4: Article 4: Floodplains, Wetlands and Shorelands hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) (b) (c) Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (3) The city planner shall present the technical evaluation and findings of the designated engineer or expert to the council, who must formally accept the technical evaluation and the recommended floodway and/or flood fringe subdistrict 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 subdistrict 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 4.1.4, Development Standards for the Floodway Subdistrict (FW) and Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF) of this LDC. City of Northfield, Minnesota Land Development Code 4-9 3/11/2015

188 Article 4: Article 4: Floodplains, Wetlands and Shorelands 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: (A) (B) (C) Review Criteria No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. Floodway/Flood Fringe Determinations in the General Flood Plain District In the general flood plain district, applicants shall provide the information required in Section 4.1.6(B), Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District, to determine the 100-year flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site. 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 multistructure 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. (D) The provisions of this section are in addition to the requirements of the city s subdivision regulations of the Northfield Municipal Code Public Utilities, Railroads, Roads, and Bridges (A) 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. (B) Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Section 4.1.4, Development Standards for the Floodway Subdistrict (FW), and Section 4.1.5, 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 Land Development Code City of Northfield, Minnesota 3/11/2015

189 Article 4: Article 4: Floodplains, Wetlands and Shorelands (C) On-site Sewage Treatment and Water Supply Systems Where public utilities are not provided: (1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and (2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or containment during times of flooding. Any sewage treatment system designed in accordance with the State s current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles (A) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 4.1.7, Subdivision Requirements in the FP-O District. (B) 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 4.1.5, 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 4.1.5(E)(1), New Principal Structures, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city. (C) 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. (D) 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 4.1.9(D)(2) below and further they meet the following criteria: (a) (b) (c) Have current licenses required for highway use; Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it; and The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. City of Northfield, Minnesota Land Development Code /11/2015

190 Article 4: Article 4: Floodplains, Wetlands and Shorelands (2) Areas exempted for placement of recreational vehicles include: (a) (b) (c) Individual lots or parcels of record. Existing commercial recreational vehicle parks or campgrounds. Existing condominium type associations. (3) Recreational vehicles exempted in Section 4.1.9(D)(2) lose this exemption when development occurs on the parcel exceeding $ for a structural addition to the recreational vehicle or exceeding $ 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 4.1.4, Development Standards for the Floodway Subdistrict (FW) and Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF). There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur. (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: (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 4.1.5(E)(1), New Principal Structures. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood. (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 (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 4.1.9(D)(1)(a) and 4.1.9(D)(1)(b) will be met Administration (A) The city planner shall administer and enforce the provisions of this section. If the city planner finds a violation of the provisions of this section, the city planner shall notify the person responsible for such violation in accordance with the procedures stated in Section , Penalties for Violation of These Standards Land Development Code City of Northfield, Minnesota 3/11/2015

191 Article 4: Article 4: Floodplains, Wetlands and Shorelands (B) Permit Requirements (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. (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. (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. (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. (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 7.8, Enforcement and Penalties. (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. City of Northfield, Minnesota Land Development Code /11/2015

192 Article 4: Article 4: Floodplains, Wetlands and Shorelands (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. (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. Stat., Ch. 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). (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. (C) Zoning Board of Appeals (1) Variances should be reviewed according to the provisions of Section , 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 Board of Adjustments shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. The following additional variance criteria of the FEMA must be satisfied: (a) (b) 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. Variances shall only be issued by the city upon: (i) (ii) A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (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 Land Development Code City of Northfield, Minnesota 3/11/2015

193 Article 4: Article 4: Floodplains, Wetlands and Shorelands (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) The city planner shall notify the applicant for a variance that: (a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $ of insurance coverage; and (D) (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. 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. The Board of Adjustments shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (1) 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. (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. (3) Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts: (a) (i) (ii) 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: 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 Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. City of Northfield, Minnesota Land Development Code /11/2015

194 Article 4: Article 4: Floodplains, Wetlands and Shorelands (b) (c) Transmit one copy of the information described in paragraph (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (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 Standards, and: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) The danger to life and property due to increased flood heights or velocities caused by encroachments. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The importance of the services provided by the proposed facility to the city. The requirements of the facility for a waterfront location. The availability of alternative locations not subject to flooding for the proposed use. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The safety of access to the property in times of flood for ordinary and emergency vehicles. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. Such other factors which are relevant to the purposes of this section. (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 4-16 Land Development Code City of Northfield, Minnesota 3/11/2015

195 Article 4: Article 4: Floodplains, Wetlands and Shorelands purposes of this section. Such conditions may include, but are not limited to, the following: (a) (b) (c) (d) Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy, and operation. Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (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 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) (D) 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'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 , Development Standards for the Floodway Subdistrict (FW), or Section , 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. City of Northfield, Minnesota Land Development Code /11/2015

196 Article 4: Article 4: Floodplains, Wetlands and Shorelands (E) 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 , Development Standards for the Floodway Subdistrict (FW), Section , Development Standards for the Flood Fringe Subdistrict (FF), or Section , 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. (F) If a substantial improvement occurs (See definition in Article 6: Definitions) from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by paragraph (B) above) and the existing nonconforming building must meet the requirements of Section , Development Standards for the Floodway Subdistrict (FW), or Section , 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 Annexations Flood plain land that will be annexed into Northfield shall be subject to the provisions of this section upon annexation. Determination of the floodway and flood fringe within the general flood plain shall be made as provided in Section (B), Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District Penalties for Violation of These Standards (A) Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by this LDC and the law. (B) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected ordinance violation, the city planner may utilize the full array of enforcement actions available including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an ordinance violation is either discovered by or brought to the attention of the city planner, the city planner shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency (FEMA) Regional Office along with the city's plan of action to correct the violation to the degree possible Land Development Code City of Northfield, Minnesota 3/11/2015

197 Article 4: Article 4: Floodplains, Wetlands and Shorelands (3) The city planner shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the city planner may order the construction or development immediately halted until a proper flood development permit or approval is granted by the city, or may order it removed if permits are denied. If the construction or development is already completed, then the city planner may either: (a) (b) (c) 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; Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days; or Order it removed. (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. 4.2 Development Standards for the WS-O District Site Development Standards 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: (a) (b) Without public sewer: 100 feet. With public sewer: 75 feet. (2) Minimum building setback from ordinary high water mark: (a) (b) Without public sewer: 75 feet. With public sewer: 50 feet. (3) Maximum building height: 35 feet, except buildings used primarily for agricultural purposes and buildings within the boundaries of the C1district where the maximum height shall be that of the underlying base zoning district. (4) The maximum total lot area covered by impervious surface shall be 30 percent. This requirement applies only to the portion of the lot within the WS-O district, 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 City of Northfield, Minnesota Land Development Code /11/2015

198 Article 4: Article 4: Floodplains, Wetlands and Shorelands (B) upstream of the intersection of St. Olaf Avenue with the Cannon River if development plans incorporate any reasonable methods to decrease sediment and pollutants from the runoff from the impervious surfaces. Section 11 and the south side of the river to the southern boundary of Babcock Park and the shoreland of all natural environment waters: (1) Minimum shoreline and building lot line width: (a) (b) Without public sewer: 200 feet. With public sewer: 125 feet. (2) Minimum building setback from ordinary high water mark: (a) (b) Without public sewer: 200 feet. With public sewer: 150 feet. (3) Maximum building height: 35 feet, except buildings used primarily for agricultural purposes where the maximum height shall be that of the underlying base zoning district. (4) The maximum total lot area covered by impervious surface shall be 30 percent. This requirement applies only to the portion of the lot within the WS-O district. (5) Septic tank and drainfield system setback from the ordinary high water mark: 150 feet. (C) Where development exists on both sides of a proposed building site in the WS-O district, structural setbacks may be altered to be equal to the average of the setbacks of the development on both sides of the proposed building 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) Clearcutting shall be prohibited, except as necessary for placing public roads, utilities, structures and parking areas. (2) Natural vegetation shall be restored insofar as feasible after any construction project. (B) (3) Selective cutting of trees and underbrush shall be allowed as long as sufficient cover is left to screen motor vehicles and structures when viewed from the water. The cutting provisions in Section 4.2.2(A) shall not be deemed to prevent the following: (1) The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards Land Development Code City of Northfield, Minnesota 3/11/2015

199 Article 4: Article 4: Floodplains, Wetlands and Shorelands (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 Clearcutting Clearcutting anywhere in the designated WS-O district on the Cannon River is subject to the following standards and criteria: (A) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning authority to be fragile and subject to severe erosion and/or sedimentation. (B) Clearcutting shall be conducted only where clear-cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain. (C) The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary. (D) Where feasible all clear-cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring 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: (1) The smallest amount of bare ground is exposed for as short a time as feasible. (2) Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. (3) Methods to prevent erosion and to trap sediment are employed. (4) Fill is established to accepted city s engineering standard specifications. City of Northfield, Minnesota Land Development Code /11/2015

200 Article 4: Article 4: Floodplains, Wetlands and Shorelands 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 Utility Transmission Lines All utility transmission crossing of land within the Cannon River WS-O district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of applicable state statutes Public Roads 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 Land Suitability No land shall be subdivided which is determined by the city council to be unsuitable because of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community Notification of Proposed Zoning Amendments, Variances and Inconsistent Plats 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: (1) The final decision taken by the city has previously received certification of approval from the commissioner of natural resources; (2) The city receives certification of approval after its final decision; 4-22 Land Development Code City of Northfield, Minnesota 3/11/2015

201 Article 4: Article 4: Floodplains, Wetlands and Shorelands (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 (4) The commissioner of natural resources certifies approval within 30 days after conducting a public hearing. (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. (6) The hearing will be held within 60 days of the demand and after at least two weeks' published notice. (7) The hearing will be conducted in accordance with applicable law. (8) The commissioner of natural resources shall either certify approval or disapproval of the proposed action within 30 days of the hearing. (D) 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 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 8.5.9, Conditional Use Permit and as follows: (A) 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. (B) 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 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. City of Northfield, Minnesota Land Development Code /11/2015

202 Article 5: Subdivision of Land 5.1 Basic Subdivision Requirements Subdivision Design Standards Basic Subdivision Requirements Purpose and Applicability (A) The city hereby adopts subdivision regulations, the authority of which is provided for in Minn. Stat The intent of these regulations is to protect and provide for the public health, safety, morals, and general welfare of the city and its people, and specifically to achieve the following purposes: (1) To implement the comprehensive plan; (2) To ensure that subdivisions are consistent with all applicable provisions of all applicable plans (See Section 8.2.4), laws and regulations; (3) To establish standard requirements, conditions, and procedures for the design and review of subdivisions; (4) To provide for the orderly subdivision of land and to ensure proper legal descriptions and monumentation of subdivided land; (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; (6) To ensure that adequate public infrastructure, facilities and services are available concurrent with development; (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; (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; (9) To prevent problems associated with inappropriately subdivided lands, including excess subdivision, partial or incomplete subdivision, or scattered subdivision; (10) To assure that new subdivisions will contribute toward an attractive, orderly, stable, livable, and safe community; and (11) To provide adequate utility systems to support the future needs of the system. (12) To implement the city s Surface Water Management Plan, protect and improve surface water quality, promote ground water recharge, enhance wildlife through proper management of surface water, and minimize public expenditures needed to protect water quality problems. City of Northfield, Minnesota Land Development Code 5-1 3/11/2015

203 Article 5: Subdivision of Land (13) To implement the policies and objectives found in adopted plans of the city including but not limited to: (a) (b) (c) (d) (e) The Comprehensive Sanitary Sewer Plan; The Comprehensive Water Plan; The Greater Northfield Area Greenway System Action Plan; The Natural Resources Inventory; The Parks, Open Space, and Trail System Plan; and (f) Subdivision Approval Required (A) Applicability The Comprehensive Transportation Plan Update. Subdivision approval, in compliance with the provisions of this section shall occur as follows: (1) Minor Subdivision where a lot division or consolidation results in three or less parcels under certain conditions as described in Section , Minor Subdivision or Lot Consolidation. (B) (2) Major Subdivisions where a lot division creates two or more parcels, lots, or tracts under single ownership 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 as described in Section , Major Subdivisions. Exemptions (1) Subdivision approval is not required for those separations where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2) Subdivision approval is not required for separations creating cemetery lots; and (C) (3) Subdivision approval is not required for separations resulting from court orders or the adjustment of a lot line by the relocation of a common boundary. Prohibition Related to Building Permits (1) No lot, parcel, or tract created after the effective date of this code shall be issued a building permit unless the lot, parcel or tract has been created in compliance with the subdivision regulations of the city. (2) No building permits shall be issued for a habitable structure proposed to be located on an outlot. 5-2 Land Development Code City of Northfield, Minnesota 3/11/2015

204 Article 5: Subdivision of Land Energy Conservation Design (A) The developer of each subdivision shall consider opportunities for energy conservation such as including passive or natural heating or cooling opportunities, in compliance with the following, where feasible: (1) Lots shall be largely oriented in an east-west direction. (2) Proposed lots shall be oriented to maximize the potential for solar energy access and, to the greatest extent possible, provide for structures to be aligned east and west to take advantage of solar exposure and prevailing breezes 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. 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 city 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: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Streets; Sanitary sewer; Watermain; Surface water facilities (pipes, ponds, rain gardens, and similar improvements); Grading and erosion control; Sidewalks/trails; Street lighting; Street signs and traffic control signs; Street trees; Tree preservation; Wetland mitigation and buffers; Monuments required by Minnesota Statutes; and Miscellaneous facilities or other elements defined by the guiding documents. City of Northfield, Minnesota Land Development Code 5-3 3/11/2015

205 Article 5: Subdivision of Land (C) (2) Other Improvements The subdivider shall arrange for the installation of private utilities including but not limited to telecommunications cabling, electrical and natural gas service following the backfilling of the curb and gutter. Installation of Basic Improvements (1) The subdivider shall arrange for the installation of all required improvements in the development subject to the development agreement. All of the city s expenses incurred as the result of the required improvements shall be paid to the city by the subdivider including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of the development agreement, review of construction plans and documents, and all costs and expenses incurred by the city in monitoring and inspecting development of the plat. The subdivider shall reimburse the city for costs incurred in the enforcement of the development agreement, including engineering and attorneys' fees. (2) The city council reserves the rights 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. (3) Unless separate written approval has been given by the city as provided for in Section (B)(3)(a), within the plat or land to be platted, the subdivider may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings within the plat or land to be platted until all the following conditions have been satisfied: (a) (b) (c) (d) (e) The development agreement has been fully executed by both parties and filed with the city clerk; The necessary security has been received by the city; The plat has been filed with the county recorder's office; The construction plans have been approved and signed by the city engineer; and The city has issued a letter that all conditions have been satisfied and that the subdivider may proceed. (4) The improvements shall be installed in accordance with this LDC, city standard specifications for utilities and street construction, and the city 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 city s standards and approved plans. (5) 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 5-4 Land Development Code City of Northfield, Minnesota 3/11/2015

206 Article 5: Subdivision of Land (D) 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: (a) (b) (c) (d) Where weather precludes completion; For street lighting; For landscaping; and For the wearing course of streets. (2) Where weather precludes completion, the timeline for completion of the improvements may be extended an additional six months. (3) The subdivider shall complete street lighting within two years following the initial commencement of work on the required basic improvements. (4) The subdivider shall complete landscaping by 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. (E) (5) Neither curb and gutter nor bituminous pavement shall be installed between November 15, and April 15. The final wear course on streets shall be installed between May 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 (1) Subsequent to execution of the development agreement but prior to approval of a signed final plat for recording, the subdivider shall provide the city with a financial guarantee in the form of a letter of credit from a bank, cash escrow, or other form of security acceptable to the city. A letter of credit or cash escrow shall be in an amount as determined by the city engineer. (2) It shall be the responsibility of the subdivider to insure that a submitted financial guarantee shall continue in full force and effect until the city engineer has approved and the city council has accepted all of the required improvements. The city engineer thereby is authorized to release the guarantee or reduce the amount of the guarantee as provided in Section 5.1.4(G), Approval and Acceptance of Basic Improvements. City of Northfield, Minnesota Land Development Code 5-5 3/11/2015

207 Article 5: Subdivision of Land (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. (4) Forms of Financial Guarantees (a) Letter of Credit If the subdivider posts a letter of credit as a guarantee, the credit shall: (b) (i) Be irrevocable; (ii) Be from a bank approved by the city; (iii) Be in a form approved by the city; (iv) Be for a term sufficient to cover the completion, maintenance and warranty periods identified in this section; and (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. Cash Escrow If the subdivider posts a cash escrow as a guarantee, the escrow instructions approved by the city shall provide that: (c) (i) The subdivider will have no right to a return of any of the funds except as provided in Section 5.1.4(G), Approval and Acceptance of Basic Improvements; and (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. 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. 5-6 Land Development Code City of Northfield, Minnesota 3/11/2015

208 Article 5: Subdivision of Land (5) Amounts of Financial Guarantees The subdivider shall submit either a financial guarantee in one of the forms listed in Section 5.1.4(E)(4), Forms of Financial Guarantees, for an amount determined by the city engineer in accordance with the following: (a) Subdivider Installed Improvements For basic improvements to be installed by the subdivider, the required financial guarantee shall include all of the following fixed or estimated costs: (i) Costs of the basic improvements identified in Section 5.1.4(B)(1), Basic Improvements. (ii) Engineering, to include subdivider s design, construction management, surveying, inspection, and drafting. (iii) Twenty-five percent contingency or add-on to the costs in paragraphs (i) and (ii) above; and (iv) Estimated cost of energy for street lights for the first two years of operation. (b) City Installed Improvements For basic improvements to be installed by the city, the required financial guarantee shall be the sum of the following fixed or estimated costs: (i) A cash deposit in an amount equal to 25 percent of the estimated cost of installing the specified public improvements as determined by the city engineer, which costs would include charges incurred by the city for legal, planning, engineering and administration associated with the installation project(s). The deposit shall be applied to the costs of such installations, with the remainder of the costs specially assessed, in the manner provided by Minnesota Statutes, over a period of five years together with interest thereon. (ii) In lieu of the cash deposit, the subdivider may elect to have the city provide 100 percent of the cost of such installations, which costs shall be assessed over a period of five years. In such event, the subdivider shall post a letter of credit for 60 percent of the cost of assessments, which letter of credit shall be released after the subdivider pays the principal and interest on said assessments for two years and which letter of credit shall be separate from any other letters of credit associated with the subdivider s project. (F) Other Cash Requirements The subdivider will be responsible for additional cash requirements which must be furnished to the city at the time of final plat approval. The subdivider shall not proceed with any improvements until these cash requirements have been paid to the city. The cash requirements may include: (1) Park dedication fees (See Section 5.2.6, Parks, Trails, and Open Space Dedication); City of Northfield, Minnesota Land Development Code 5-7 3/11/2015

209 Article 5: Subdivision of Land (2) Utility charges and fees. This may include sewer availability charges (SAC), water availability charges (WAC), and trunk fees; (3) Special assessments including interest; (4) The city s legal, engineering administration, and construction observation fees; (5) Costs associated with traffic control and street signs to be installed in the plat by the city; (6) Map upgrade fee; and (G) (7) Other charges or fees as determined by the city. Approval and Acceptance of Basic Improvements (1) Upon receipt of proof satisfactory to the city engineer that work has been completed and financial obligations to the city have been satisfied, with city engineer approval the security may be reduced from time to time by 90 percent of the financial obligations that have been satisfied. Ten percent of the amounts certified by the subdivider's engineer shall be retained as security. Reductions in the 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. (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 the entire financial guarantee is released by the city engineer. No financial guarantee shall be released in full until the following has occurred: (a) (b) (c) (d) (e) All improvements have been completed and public improvements have been accepted by the city engineer. Iron monuments for lot corners have been installed. All financial obligations to the city have been satisfied. Reproducible record plans of all public improvements as required by the city engineer have been furnished to the city by the subdivider. Such record plans shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. A warranty/maintenance guarantee has been provided as described in Section 5.1.4(H), Warranty/Maintenance Guarantee. (H) (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. 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. 5-8 Land Development Code City of Northfield, Minnesota 3/11/2015

210 Article 5: Subdivision of Land (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. (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 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. (3) The required warranty period for trees and landscaping is one growing season following installation. (I) (4) The required warranty period for erosion control will be as established in the development agreement. Insurance The subdivider shall take out and maintain or cause to be taken out and maintained until six months after the city has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of subdivider's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for the coverage shall be in accordance to the city s current requirements. The city shall be named as an additional insured on the policy, and the subdivider shall file with the city a certificate evidencing coverage prior to the city signing the plat. The certificate shall provide that the city must be given ten days advance written notice of the cancellation of the insurance. 5.2 Subdivision Design Standards General Standards (A) Applicability Each subdivision shall be designed in compliance with the standards of this section, unless an exception is granted in compliance with Section , Variance. (B) (C) (D) Public Access to Public Resources Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs, if they are adjacent to the subdivision. Sidewalks, Pathways, and Trails Sidewalk, pathways, trails, and other pedestrian connections shall be required in accordance with Section 3.7, Pedestrian Access and Circulation. Monuments (1) Official permanent monuments shall be placed as required by Minn. Stat (as may be amended). (2) All monument markers shall be correctly in place upon final grading and installation of utilities. City of Northfield, Minnesota Land Development Code 5-9 3/11/2015

211 Article 5: Subdivision of Land (3) The city will not issue building permits for a lot within a plat until monuments have been placed for that lot. (E) (F) (G) (H) (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. Subdivision Names The proposed name of the subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the city or county. The city shall have final authority to designate the name of the subdivision. Street Names Street names shall be designated by the city s Administrative Program for Assigning Roadway Names and Addresses. The city planner shall have discretion to alter the city street naming system, when appropriate, in order to avoid confusion to the traveling public. 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. Open Space and Natural Features (1) Natural features (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. (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. (3) Public access and visibility to creeks and the separation of residences and other uses from creeks shall be provided through the use of singleloaded 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. (4) Development adjacent to parks or other public open spaces shall be designed so that not more than 50 percent of the park perimeter abuts private property. The intention is to make at least half of the park perimeter open and visible to the neighborhood Land Development Code City of Northfield, Minnesota 3/11/2015

212 Article 5: Subdivision of Land Lot and Block Design (A) Lot Dimensions (1) All lot dimensions shall comply with the 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. (See Tables 3.2-1, and 3.2-3) (B) (C) (D) (E) (F) (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. 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)(see Table 3.2-2, Note [4]). 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. Street Frontage Required Each proposed parcel shall have frontage on a public street. The frontage width shall be the lot width required by the applicable zoning district. Side Lot Lines Side lines of lots shall be substantially at right angles to street lines and substantially radial to curved street lines, unless an alternative layout will result in a better street or lot plan. Corner Lots (1) Corner lots shall be of sufficient width and depth to comply with the minimum building setback or build-to line requirement from both streets and to comply with the minimum driveway setback from the intersection, as established in this LDC. (G) (2) See the provisions related to corner lots in Section 3.1.5(D)(2), Corner Lots. Double Frontage Lots (1) No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of topographical or other physical conditions or where access from one of the roads is prohibited. An alley is not considered a street for the purposes of this section. City of Northfield, Minnesota Land Development Code /11/2015

213 Article 5: Subdivision of Land (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 façade 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. (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. See the provisions related to corner lots in Section 5.2.2(F)(1). (H) (4) See the provisions related to double frontage lots in Section 3.1.5(D)(3), Double-frontage Lots. Panhandle Lots (1) Panhandle lots are prohibited except as may be necessary due to topography, configuration of land, existing road layouts or other special circumstances. (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). (3) The stacking of multiple panhandle lots shall be prohibited (See Figure 5-1). Figure 5-1: The stacking of multiple panhandle lots is prohibited Land Development Code City of Northfield, Minnesota 3/11/2015

214 Article 5: Subdivision of Land (I) 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: (a) (b) (c) Access is limited to streets other than an arterial or collector; Access is provided jointly with other lots; or Access is ultimately to be provided from a planned frontage road. (J) (2) Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on arterial or collector roadways. Lots Abutting Water (1) If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the shoreline of the water body among the fees of adjacent lots. The city may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the shoreline of the water body is so placed that it will not become a city responsibility. (K) (L) (2) 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 4.1, 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 plan for future lots and for the opening of major streets and the ultimate extension of adjacent streets and utilities. Blocks (1) A block shall normally be so designed as to provide two tiers of lots, unless it adjoins a railroad, arterial or collector street, lake, wetland, park, stream, or other natural feature, where it may have a single tier of lots. (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 700 feet nor be less than 300 feet, except where topography or a block design feature justifies a departure from that standard. (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 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 district. City of Northfield, Minnesota Land Development Code /11/2015

215 Article 5: Subdivision of Land Streets (A) Purpose Northfield views the street system as an integral element of the public realm that is designed in coordination with the Land Use Principles found in the Northfield Comprehensive Plan. A well designed street system creates a lasting image of the City. Therefore, these regulations are proposed to insure: (1) a high degree of connectivity, (2) provide for a pleasant experience while moving throughout the city, (3) linkage to the various residential and commercial neighborhoods, (4) an accessible multi-modal system, and (B) (5) a system with a high degree of safety and convenience for the movement of people, goods and services. General Requirements (1) Gated Communities Prohibited Gated communities and similar residential developments (developments that contain a gate or other barrier placed across an access road, or that are designed to appear or function as walled-off areas disconnected and isolated from the rest of the community) are prohibited. (2) Grid Street Network New subdivisions shall be based on a grid or modified grid street system to the maximum extent feasible. (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. (4) Topography and Arrangement (a) (b) The arrangement, character, extent, width, and location of all streets shall be considered in relation to existing and planned streets, shall provide for reasonable traffic circulation and traffic calming, and shall be appropriately located in relation to topography, run-off of 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. Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external 5-14 Land Development Code City of Northfield, Minnesota 3/11/2015

216 Article 5: Subdivision of Land to the subdivision, to provide multiple routes for multi-modal circulation, emergency access, and trips from, to, and within the subdivision. Where street connections cannot occur due to topography, design constraints or some other feature beyond the control of the developer, sidewalks and/or trails shall be extended to connect with other pedestrian access improvements. (c) In commercial and industrial developments, the streets and other accessways shall be planned in connection with the location of buildings, rail facilities, truck loading and maneuvering areas, and sidewalks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic. (5) Grading and Improvement Plan The full width of the street right-of-way shall be graded and improved in conformance with the city s engineering standard specifications and the construction plans submitted as part of the final plat application. (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. (7) Access (a) (b) (c) Vehicle access shall be prohibited from a stub street to adjoining lots until such time as the stub street is extended into an adjoining tract, or unless a temporary turn around feature is provided. When a proposed plat contains or borders on the right-of-way of an existing or planned principal or minor arterial roadway, the city may require dedication and installation of a street approximately parallel to and on each side of such right-ofway for adequate protection of properties and to afford a separation of local and through traffic. Such streets shall be located at a distance from the major roadway suitable for the appropriate use of any intervening land. Such distance shall also be determined with due regard for the requirements of approach connections, future grade separations, and lot depths. The subdivider shall provide access to all lots via local streets. When a proposed plat contains or borders on the right-of-way of a principal arterial, vehicle access points shall be restricted in accordance with the city s 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 City of Northfield, Minnesota Land Development Code /11/2015

217 Article 5: Subdivision of Land 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. (d) Driveway access shall comply with Table Table 5.2-1: Driveway Access Standards Driveway Dimensions Residential Nonresidential Driveway Access Width 11 to 22 feet 16 feet to 32 feet (16 feet is desired) (32 feet is desired) Minimum Corner Clearance from a Collector street 60 feet 80 feet [1] NOTE: [1] At the discretion of the city engineer this standard may be modified. (e) Access to minor and major collector streets shall be in compliance with Table Table 5.2-2: Access Spacing for Collector Roadways in Northfield [1] Type of Access by Land Use Type Major Collector Minor Collector Private Access Not Permitted [2] As Needed [3] Single-Family, Two-Family, and Three-Family Dwellings Minimum Corner Clearance 660 Feet 300 feet from a Collector Street Commercial, Industrial, Private Access Not Permitted [2] As Needed [3] Institutional, and Multi- Minimum Corner Clearance Family Residential 660 Feet 660 feet from a Collector Street NOTES: [1] These guidelines apply to city streets only. Rice and Dakota Counties and Mn/DOT have access authority for roadways under their jurisdiction. Please refer to Rice and Dakota Counties minimum access spacing guidelines identified in their current transportation 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 Land Development Code City of Northfield, Minnesota 3/11/2015

218 Article 5: Subdivision of Land (8) Signs, Traffic Signs and Lights, and Street Lights (a) (b) (c) (d) 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). Traffic control signs pursuant to Minn. Stat and the Comprehensive Transportation Plan Update, where applicable, shall be installed at locations within the subdivision as designated by the city engineer. Turn lanes and traffic lights shall be installed at the expense of the subdivider when required as a result of the proposed subdivision. Street lights shall be installed at all intersections and at other locations, as required by the city engineer. All street lights within new subdivisions shall be on street light poles meeting the standards of the city and shall be equipped with underground electrical service, and shall conform 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 time period is less. (9) Sidewalks and Trails Sidewalks and trails required by Section 3.7, Pedestrian Access and Circulation and Section 5.2.6, Parks, Trails, and Open Space Dedication, shall be installed at the time a street is constructed. (10) Street Trees Required At least one street tree shall be properly installed at the time of street construction for each 40 foot length of right-of-way. This requirement may be modified depending on the chosen tree species and its typical spread at maturity. (11) Dead-End Streets, Stub Streets, and Cul-de-Sac Streets (Permanent and Temporary) (a) (b) (c) Dead-end streets shall be prohibited, except as stub streets. Stub streets shall be installed to permit future street extensions into adjoining tracts, where appropriate. Barricades shall be installed at the end of stub streets and signage may be provided indicating a future street connection. Stub streets shall not exceed 150 feet in length. Where required by the city engineer a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider. Permanent cul-de-sac streets are prohibited except as may be installed where absolutely necessary due to topography, configuration of land, existing road layouts or other special circumstances. The closed end of the cul-de-sac shall have a pavement width of 80 feet in diameter and the overall length of the road shall not exceed 600 feet in length as measured City of Northfield, Minnesota Land Development Code /11/2015

219 Article 5: Subdivision of Land from the centerline of the nearest intersection to the closed end of the cul-de-sac. (d) In those instances where a street is terminated pending future extension in conjunction with future platting and its terminus is located 150 feet or more from the nearest intersection, a temporary cul-de-sac with a pavement width of 70 feet in diameter shall be provided at the closed end. Any portion of a temporary cul-de-sac not located within the street right-of-way shall be placed in a temporary roadway easement extending at least ten feet beyond the curb line of the temporary cul-de-sac in all directions. No building permit shall be issued for any properties containing or adjacent to a temporary cul-de-sac or roadway easement. (12) Alleys and Private Streets (a) (i) Alleys may be established in the city under the following conditions: The alleys are publicly owned and maintained; (ii) The alleys shall be made of concrete, asphalt, pervious pavers, or other similar non-graveled surfaces; (iii) No home shall be oriented to face the alley; and (iv) Alleys are permitted as a secondary access when the lots front on an arterial or collector street as identified in Table (C) (b) Private streets are prohibited except in the R4 district. Street Design Standards (1) In order to provide for streets of suitable location, width, and general improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, all streets shall be subject to the standards of this section. (2) Street types shall be regulated by Table and the design standards established in the Northfield comprehensive transportation plan update as shown in Appendix A. (3) Street Surfacing and Improvements After the subdivider has installed sewer and water, the subdivider shall construct poured-in-place concrete sidewalks, curbs and gutters and shall surface streets to the width prescribed in this section. Curbs and gutters shall only be installed to the degree where necessary to accommodate the street design standard. The designer is encouraged to include techniques that will direct surface water drainage to off-street areas. Types of pavement shall be as prescribed in the city 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 or planted with other acceptable materials as approved by the city engineer. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications in the city s engineering 5-18 Land Development Code City of Northfield, Minnesota 3/11/2015

220 Article 5: Subdivision of Land standard specifications and shall be incorporated into the construction plans required to be submitted by the subdivider for final plat approval. (4) Grading (a) (b) (c) Streets shall be graded with at least 0.5 percent slope from the centerline to the curb to maintain drainage. Arterial and collector streets shall have a maximum running grade of five percent. All other streets shall have a maximum running slope of seven percent, or as determined by the city engineer. (5) Street Intersection, Tangent, Deflection and Other Design Standards (a) (b) (c) (d) Street Intersections shall intersect at right angles and in no instance shall the angle formed by the intersection be less than 60 degrees. Street intersections having more than four corners shall be prohibited and the curb line at street intersections shall have a radius not less than 15 feet. Street tangents of at least 150 feet shall be designed between reverse curbs on collector streets and 100 feet on all local streets. When connecting street lines deflect from each other at a point of more than 10 degrees, they shall be connected by a curve with a radius adequate to insure a site distance of no less than 500 feet for arterials, 300 feet for collectors, and 100 feet for local streets. Half streets and any corresponding right-of-way for half streets shall be prohibited. City of Northfield, Minnesota Land Development Code /11/2015

221 Table 5.2-3: Street Types and Requirements

222 Article 5: Subdivision of Land Sanitary Sewer, Water, and Other Utilities (A) The subdivider shall install adequate sanitary 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 ). (B) 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. (C) The subdivider shall extend sewer and water mains to the lot lines of abutting sites that do not have public water service. (D) All utility facilities, including but not limited to telecommunications cabling, 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. (E) 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. (F) Easements shall be dedicated on the plat instrument for the required use Surface Water, Drainage, Water Quality, and Erosion Control (A) Purpose These regulations are intended to result in the effective management of surface water run-off by ensuring compliance with the adopted Surface Water Management Plan of the City of Northfield and also the requirements found in Chapter 22, Article VI of the Northfield Municipal Code. The City of Northfield supports a regional approach to surface water management or any similar innovative approach to managing surface water that protects and improves surface water quality, promotes ground water recharge, enhances wildlife through proper management of surface water, and minimizes public expenditures needed to protect water quality problems. (B) Subdivider Responsibilities The subdivider is responsible for compliance with the overall objectives and expectations as stated in the Surface Water Management Plan and shall install needed improvements or pay to the City fees and or charges that have been established to ensure compliance with surface water management requirements as established by the City. 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. City of Northfield, Minnesota Land Development Code /11/2015

223 Article 5: Subdivision of Land (C) Nature of Surface Water Facilities (1) Location The city may require the subdivider to carry away by pipe any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-ofway where feasible, or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance the city s engineering standard specifications. (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. (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. (a) (b) The subdivider shall mitigate increased runoff due to development in accordance with the city s surface water management plan. 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. (4) Floodplain Areas The city may, when it deems it necessary for the health, safety or welfare of the present or future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of a property that lies within the floodplain of any stream or drainage course in accordance with the provisions of this LDC. (D) Dedication of Drainage Easements (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. (2) Drainage Easements (a) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road 5-22 Land Development Code City of Northfield, Minnesota 3/11/2015

224 Article 5: Subdivision of Land rights-of-way, the subdivider shall provide perpetual, unobstructed easements at least 20 feet in width for drainage facilities across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities. (b) (c) When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat. The subdivider shall dedicate by a drainage easement, land on each side of the centerline of any wetland, body of water, watercourse or drainage channel, whether or not shown on the city s comprehensive plan, to a sufficient width to: (i) Provide proper protection for water quality; (ii) Provide retention of surface water runoff; and (iii) Provide for the installation and maintenance of storm sewers Parks, Trails, and Open Space Dedication (A) Purpose, Nexus, and Proportionality (1) Purpose These requirements are established for the purpose of assisting with the implementation of the Parks, Open Space and Trail System Plan of the City of Northfield by providing for the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the city. The Parks, Open Space and Trail System Plan promotes a balanced and systematic approach to acquiring park and open space resources that include active park facilities, an interconnected trail system, areas of natural and ecological significance emphasizing the Cannon River corridor that is available to residents of the city and the broader region. As a means to accomplish these goals, each developer shall be required to dedicate land, or at the discretion of the city, pay an equivalent cash payment in lieu of land dedication for parks and open space acquisition and development. The policy of the city is to acquire and manage larger parcels of park and open space land resources; therefore, as a result of this policy, it is likely that a cash payment in lieu of land dedication will be the method by which this requirement will be accomplished in most instances, although not to the complete exclusion of a land dedication requirement. (2) Nexus The city council finds that there is a rational nexus between the demands created by the subdivision and related development of land and the need for parks, trails, open space areas, public art, and facilities. City of Northfield, Minnesota Land Development Code /11/2015

225 Article 5: Subdivision of Land (3) Proportionality Further, the city council herein establishes requirements for the dedication and/or development of park land, trail improvements, and open space land that is roughly proportionate to the demands created by the subdivision and development of land resulting from such subdivision approval. (B) (C) Authority It is found and declared that, pursuant to Minn. Stat , 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 5.2.6(D), Land Dedication Required. Waiver of Requirements Upon a request by the developer, the city council, may waive or reduce the requirements of this section for development in the C1 (Downtown), ED-F (Economic Development) or N2 (Neighborhood General) districts where the city council finds: (1) That the vitality resulting from development or redevelopment occurring in areas zoned C1 district is of greater benefit to the city in comparison to parks, trail and open space improvements; (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 parks, trail, or open space improvements; (3) That development in areas zoned N2 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 parks, trail, or open space improvements; or (D) (4) That city-assisted development or redevelopment projects achieve public objectives. Land Dedication Required (1) In every plat, replat, or subdivision of land allowing development for residential, commercial, industrial, or other uses or any combination thereof, or where a waiver of platting is granted, but excluding adjacent parcel land conveyances (See Section , Adjacent Parcel Land Conveyance) that do not create additional lots, a reasonable portion of such land shall be set aside and dedicated by the applicant to the public for park, trail, or open space purposes. (2) The park and recreation advisory board may recommend to the city council that the applicant may be required to dedicate other parcels of property that are separate and distinct from the property proposed for subdivision that are owned or acquired by the applicant that more effectively accomplish the goals of systematically developing park and open space resources as outlined in the Parks, Open Space and Trail System Plan. Where the applicant is not able to dedicate or acquire such alternate property, the applicant shall be required to make cash payment 5-24 Land Development Code City of Northfield, Minnesota 3/11/2015

226 Article 5: Subdivision of Land in lieu of land dedication as set forth in Section 5.2.6(K), Dedication or Cash-in-Lieu of Requirements, of this LDC. (3) Pursuant to Minn. Stat , subd. 2b, it is reasonable to require a portion of buildable land to be dedicated to the public for parks, recreational facilities, playgrounds, trails, wetlands or open space purposes. The land to be used for the purposes previously stated shall be determined to be suitable at the sole discretion of the city and the city shall not be required to accept land that is not usable for the stated purposes. (4) The land required to be dedicated by the applicant for parks, recreational facilities, playgrounds, public art, trails, wetlands or open space is a recreational and open space resource available for the benefit of the public. The amount and type of park and open space resource dedicated is intended to be proportionate to the users of the park and open space resource that result from the subdivision of the land. (5) The amount of land required to be dedicated by the applicant for stated purposes in (1) above shall be based upon the net area (gross area minus area required for public streets, trails, and stormwater ponding) of the land to be subdivided which could be developed for residential, commercial, industrial or other purposes. The area shall be determined at the time of the preliminary plat and shall be calculated as follows: (a) Residential Development Dwelling Units per Net Acre Percent of Net Land Dedicated 0 to to or more 6 (E) (b) Commercial Development Five percent of the gross area subdivided. (c) Industrial Development Two percent of the gross area for the purpose of trails only. (6) This dedication shall be in addition to the land dedicated for streets, alleys, stormwater ponds or other public purposes. (7) Such dedication shall be in an amount based on the schedule of dedication requirements adopted by city council and maintained outside of this LDC. Land Suitability Requirement (1) Land dedicated for parks, trails, and open space shall be reasonably suitable as advised by the parks and recreation advisory board for its intended use and shall be at a location convenient to the people to be served. (2) Factors used in evaluating the adequacy of a proposed park, trail, or open space dedication shall include: City of Northfield, Minnesota Land Development Code /11/2015

227 Article 5: Subdivision of Land (a) (b) (c) (d) (e) (f) (g) (h) Future park needs pursuant to the Parks, Open Space, and Trail System Plan; Size (that is consistent with the city s policy of wanting more large parks and fewer small parks); Shape; Topography; Geology; Hydrology; Tree Cover; and Access and location. (3) Parks, trails, or open space land to be dedicated shall be above the ordinary high water mark of any lake, river or stream. (4) Areas of slope exceeding 12 percent shall be deemed unsuitable for dedication and not included as part of areas to meet the dedication requirements. (5) Land with trash, junk, pollutants, and/or unwanted structures are not suitable. (6) The city shall not be required to accept land which will not be useable for parks, trails or open space or which would require extensive expenditures on the part of the city. (F) (G) (H) (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. Conformance with the Comprehensive Plan Land dedicated under this division shall conform to the city's comprehensive plan and Parks, Open Space, and Trail System Plan, wherever possible. If the comprehensive plan or Parks, Open Space and Trail System Plan for the parcel of land to be subdivided calls for public property in excess of that required by Section 5.2.6(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. Dedication of Excess Land If the city requires parks, trails or open space dedication in excess of the amount of land required by Section 5.2.6(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 excess amount that would otherwise be dedicated for parks, trail and open space under this section shall be due at the time of final plat approval. 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 5-26 Land Development Code City of Northfield, Minnesota 3/11/2015

228 Article 5: Subdivision of Land 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. (I) (J) Trail Construction When the city's comprehensive plan or Parks, Open Space, and Trail System Plan identifies a trail to be constructed in the land to be subdivided, this trail segment shall be interpreted by the city as basic infrastructure and, therefore, the developer shall be required to pay for the construction of the trail improvements. This trail construction requirement shall be in addition to the required land dedication as set forth in Section 5.2.6(D), Land Dedication Required, or set forth in Section 5.2.6(K) Dedication or Cash Payment in Lieu of Requirements. The construction specifications of trails shall be determined by the city engineer and whenever possible, trails shall connect with existing trails and/or sidewalks. Credit for Private Open Space, Recreational Areas and Trails 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 5.2.6(D), Land Dedication Required, may be given, provided that the following conditions are met: (1) Such land area is not occupied by non-recreational buildings and is available for the use of all residents of the proposed subdivision. (2) Required setbacks shall not be included in the computation of such private open space. (3) The use of the private open space is restricted for park, recreational and trail purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be eliminated without the consent of the city. (4) Credit for private trail improvements shall be given by the city only when the private trail system connects to a public trail or walkway system. (5) 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. (K) (6) The proposed private open space reduces the demand for public recreational facilities to serve the development. Dedication or Cash-in-Lieu of Requirements The city may elect to accept a cash payment in lieu of land dedication for parks, recreational facilities, playgrounds, trails, wetlands or open space purposes. In such cases the applicant shall be required to make such payment to the city s dedicated park fund based on the Estimated Market Value as indicated in the records of the County Assessor that is equivalent to a land dedication requirement as follows: City of Northfield, Minnesota Land Development Code /11/2015

229 Article 5: Subdivision of Land (1) Residential Development Dwelling Units per Net Acre Percent of Land Dedication Equivalent 0 to to or more 10 (L) (M) (N) (2) Commercial Development Five percent of the gross area subdivided. (3) Industrial Development Two percent of the gross area subdivided. Time of Performance Land Dedication or Cash Payment In Lieu Of The dedication of land or the payment of cash in lieu of land dedication by the applicant shall occur as a condition prior the city council approval of the final plat. Park Tree Requirements The subdivider or developer shall preserve existing trees on any land to be dedicated under this section in accordance with Section 3.5.6, Tree and Woodland Preservation. Other Conditions Prior to Deeding Prior to dedicating land for parks, trails, or open space, the land shall meet the following conditions: (1) Grading in the parks shall conform to the grading plan as approved by the city engineer. (2) Rocks that are four inches or greater in diameter shall have been removed from the land. If possible, any boulders or glacial erratic should remain and be incorporated for landscaping interest in parks and open spaces. (3) A minimum of four inches of topsoil shall have been provided by the developer dependent on subsoil material as determined by the city engineer (4) The surface should be planted with low maintenance vegetation to ensure the immediate stabilization of the exposed soils. The park and recreation advisory board should be consulted to determine which areas should become turf and which should be planted with non-turf vegetation. Areas of turf shall be seeded in the amount of percent Kentucky bluegrass and percent perennial ryegrass, or other quick establishing crop to prevent soil erosion Land Development Code City of Northfield, Minnesota 3/11/2015

230 Article 5: Subdivision of Land (O) (P) 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. City of Northfield, Minnesota Land Development Code /11/2015

231 Article 6: Signage 6.1 Purpose and Intent Scope Zoning Certificate and Compliance Required Computations Exemptions Multiple-Use Buildings Liability for Damages Prohibited Signs Design Guidelines Standards for Permanent Signs by Zoning District Temporary Signs Nonconforming Signs Abandoned Signs Maintenance and Repair Repair or Removal by City Planner Interpretation Board of Appeals Purpose and Intent Regulating the location, size, placement, and physical characteristics of signs is necessary to enable the public to locate goods, services, and facilities and to receive a wide variety of other messages, commercial and noncommercial, without difficulty and confusion, to encourage the general attractiveness of the community, to enhance public safety, and to protect property values. Accordingly, this section establishes regulations governing the display of signs that will: (A) Promote and protect the public health, safety, comfort, morals, and convenience; (B) Enhance the economy and the business and industry of the city by promoting the reasonable, orderly, and effective display of signs and, thereby, encourage increased communication with the public; (C) Restrict signs and lights that will increase the probability of traffic congestion and accidents by distracting attention or obstructing vision; (D) Reduce conflict among signs and light and between public and private information systems; and (E) Promote signs that are compatible with their surroundings. 6.2 Scope (A) 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. (B) The owner of any sign which is allowed by this sign ordinance may substitute noncommercial 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 City of Northfield, Minnesota Land Development Code 6-1 3/11/2015

232 Article 6: Signage provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other noncommercial message. This section prevails over any more specific section to the contrary. 6.3 Zoning Certificate and Compliance Required (A) Unless otherwise provided by this section, all signs shall require a zoning certificate and a payment of fees. Exceptions to the certificate requirement are as follows: (1) If any sign is removed and replaced on the same supports, provided the size or type of sign is not changed. (2) No zoning certificate is required for the maintenance of a sign or for a change of copy on changeable copy signs. (3) Signs identified in Section 6.5, Exemptions. (4) General maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change or copy change, on a nonchangeable copy sign, is made that results in anything more than a minor modification. (B) The relocation of a sign from one area of a lot to another location on the same lot shall require a zoning certificate (See Section 8.5.1, Zoning Certificate). (C) The alteration or enlargement of any sign shall require a zoning certificate. (D) All wiring, fittings, and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the State Electrical Code in effect. (E) No sign of any classification shall be installed, erected, or attached to a structure in any form, shape, or manner that is in violation of Northfield s or the state s building or fire codes. 6.4 Computations The following principles shall control the computation of sign area and sign height: (A) The area of a sign face, which is also the sign area of a wall sign or other sign with only one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that shall encompass the extreme limits of the writing, representation, emblem, or other display. This does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the regulations of this LDC and is clearly incidental to the display itself (See Figure 6-1). (B) The sign area for a sign with more than one face (multi-faced signs) shall be computed by adding together the sign area of all sign faces. Even in cases where two identical sign faces are placed back-to-back, the sign area shall be computed by adding together the sign area of each sign face. (C) The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. (D) Unless otherwise specifically stated, when a calculation is based on street frontage, the longest single street frontage shall be used and not the total of all street frontages. 6-2 Land Development Code City of Northfield, Minnesota 3/11/2015

233 Article 6: Signage Figure 6-1: Illustration of how sign area is calculated. 6.5 Exemptions The following types of signs are exempted from all the requirements of this section, except for construction and safety regulations and the requirements set forth: (A) Public Signs Public signs with a noncommercial message, erected by or on the order of a public officer in the performance of his/her public duty, such as traffic signs, trespassing signs, memorial plaques, signs of historic interest and the like. (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. (C) Private Traffic Direction (1) Signs directing traffic movement onto premises or within 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 6.9 (E), Illumination. Horizontal directional signs on and flush with paved areas are exempt from these standards. (2) Private traffic direction signs that contain a commercial message shall not be exempt. (D) Vehicle Signs Signs on vehicles of any kind, provided the sign is painted or attached permanently or magnetically 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 6.6.8, Prohibited Signs. (E) Flags Flags identifying the emblem of government, school, or religious organization shall be exempt from this section with the exception that Section 6.10(B)(1) and Section 6.9(E), Illumination shall apply in all zoning districts. (F) Window Signs Signs that are painted or attached to the inside of a window that do not cover more than 50 percent of the window shall be exempt. (G) Temporary Signs Temporary signs as allowed in Section 6.11, Temporary Signs. City of Northfield, Minnesota Land Development Code 6-3 3/11/2015

234 Article 6: Signage 6.6 Multiple-Use Buildings Any building that is designed to contain multiple principal uses and/or multiple tenants shall be considered a multiple-use building for the purposes of these sign regulations. (A) Any property owner who owns a multiple-use building shall be required to submit a signage plan for each such building. (B) 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. (C) Such plan shall be filed with the city planner prior to any sign permit review. (D) Only one pylon sign is allowed for each multiple-use building. 6.7 Liability for Damages This section shall not be construed to relieve or to limit in any way the responsibility or liability of any person who erects or owns any sign, for personal injury or property damage caused by the sign, nor shall this section be construed to impose upon the city, its officers, or its employees any responsibility or liability because of the approval of any sign under this section. 6.8 Prohibited Signs All signs are prohibited which are described as follows: (A) 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. (B) 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. (C) Signs, that are not temporary, that move in any manner or have a major moving part. (D) 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. (E) Signs that are temporarily placed or attached on any part of a relatively stationary vehicle. (F) Portable changeable-copy signs, unless used as a temporary promotional sign, as allowed under Section 6.11, Temporary Signs. (G) Signs that are placed upon trees, public property, or utility poles. (H) Signs that display obscene language or actions. (I) Searchlights. (J) Inflatable signs. (K) Snipe signs. (L) Any sign attached to a roof that does not meet the definition of a roof sign in Article 9: Definitions. (M) Vehicles whose primary purpose is advertising. 6-4 Land Development Code City of Northfield, Minnesota 3/11/2015

235 Article 6: Signage 6.9 Design Guidelines The following standards are intended to direct the design elements of signage outside the downtown historic district. Each guideline shall be applied for each sign application based upon review by the city planner: (A) Neon lights are permitted for messages and symbols, but shall not flash. (B) Signs on multiple-use buildings must be coordinated in the use of colors, materials, and shapes. (C) Landscaping Area Required (1) Ground and pylon signs shall have plantings at and around the base that serve to: (a) Screen the sign base and/or any lighting installed at ground level; and (b) Tie such signage to the principal use by using plantings that are similar to those used on the rest of the site. (2) Such plantings shall be of the type and size specified in Section 3.5.4, General Landscaping Material Standards. (3) A landscape plan indicating the location and type of plantings to be used in screening the base of the sign must be submitted prior to the issuance of a sign permit by the city. (4) A certified check or irrevocable letter of credit in favor of the city and in 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. (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. (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. (D) Changeable-Copy Signs (1) Generally (a) 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. (b) Changeable-copy signs may include signs that are manually changed by a person or electronic/digital changeable-copy signs. Electronic/digital changeable-copy signs, where permitted, shall be static and shall not flash or move. Such copy may be changed as often as every 30 minutes. (2) Public and Institutional Uses (a) 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. (b) 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. City of Northfield, Minnesota Land Development Code 6-5 3/11/2015

236 Article 6: Signage (c) Electronic/digital changeable-copy signs shall not be permitted immediately adjacent to residential uses.. (3) Theaters (a) A maximum of two manual or electronic/digital changeable-copy signs are permitted. (b) The total changeable-copy signage shall not exceed 50 percent of the total signage allowed. (4) Signs Associated with Gasoline Stations (E) Illumination (a) One price information sign is permitted per building frontage. Each sign shall not exceed 12 square feet per face and shall have no more than two faces. (b) Each sign must be permanently installed. (1) 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. (2) Section (1) above shall not apply to the following: (a) Lighting systems owned or controlled by any public agency for the purpose of directing of traffic or for highway or street illumination; (b) Aircraft warning lights; or (c) Temporary lighting used for repair or construction as required by governmental agencies Standards for Permanent Signs by Zoning District (A) Signs in the R1, R2, R3, R4, N1, and N2 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: (a) Signs may be permitted, at each development entrance along a city, county or state road; (b) The signs shall be setback 15 feet from the public right-of-way and five feet from any adjacent property lines; (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; (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; (e) No such sign or any portion of the structure shall exceed five feet in height; and (f) Only concealed external light illumination may be permitted. (2) Signage for permitted uses on residential lots may not exceed six square feet and may not exceed two sides. Signage shall be setback 5 feet from the public right-of-way and from adjacent property lines. 6-6 Land Development Code City of Northfield, Minnesota 3/11/2015

237 Article 6: Signage (3) Public and institutional uses may have one wall sign and one ground-mounted sign totaling a maximum of 60 square feet in area. (a) The signs shall be setback 15 feet from the public right-of-way and five feet from any adjacent property lines; (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; (c) No such sign or any portion of the structure shall exceed five feet in height; and (d) Only concealed external light illumination may be permitted. (4) Larger signs for public and institutional uses may be considered as part of a conditional use permit. (5) 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 6.10(C), Standards for the C1, C2 and NCF District, below. (B) General Requirements for Signs in the C1, C2, I1, NC-F, and ED-F Districts (1) No pylon sign shall exceed 20 feet in height above the average 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. Non-commercial flags are exempt from this height limit. (2) Illumination of signs is permitted, but in accordance with the restrictions stated under Section 6.9 (E), Illumination. (3) Sidewalk Signs (a) Sidewalks signs are permitted in the C1 and C2 districts only. (b) All sidewalk signs shall be limited to two feet in width and three and one-half feet in height, including the support members. (c) No sign shall have more than two faces. (d) The sign shall be placed only in front of the business without significantly limiting the normal pedestrian use of the sidewalk. (e) One sign is permitted for each business, and it shall be removed from the sidewalk at the end of each business day. (f) No sidewalk sign shall be illuminated. (g) No zoning certificate shall be required. (C) Standards for the C1, C2, and NC-F Districts (1) Size (a) A total of one and one-half square feet of signage for each lineal foot of building frontage shall be permitted. One additional square foot of signage shall be permitted for each lineal foot of land frontage. (b) If a building has multiple frontages, one additional square foot of signage (for the total allotted sign area) shall be permitted for each lineal foot of building frontage, not to exceed 100 square feet except as limited by paragraphs (c) and (d) below. (c) Not more than ten percent of each façade in the C1-B, C2-B, or NC-F districts may be used for wall signage. The facade area shall be determined by multiplying the total building width by the height of the wall or surface area (See Figure 6-2). City of Northfield, Minnesota Land Development Code 6-7 3/11/2015

238 Article 6: Signage Figure 6-2: Calculation of maximum wall sign area. (d) Either one pylon or one ground sign may be permitted for each building frontage and shall not exceed 100 square feet per face and shall not have more than two faces. (e) The total area of all signs shall not exceed allotted sign area. (f) Freestanding signs in the NC-F district shall be limited to one ground sign with a maximum height of three feet and a maximum square footage of 12 square feet. (2) Location (a) Signs may be wall signs and located anywhere on the wall surface of the building. Signs may be projecting signs and may project not more than 36 inches beyond the face of the building and must have a minimum clearance of eight feet above a sidewalk and 15 feet above driveways or alleys. (b) A pylon or ground sign may be located anywhere back of the street right-of-way lines, subject to other restrictions in this section. (c) Signs may be on the vertical faces of awnings and may project below the lower edge of the awning not more than 12 inches. The bottom of awning signs shall be no less than eight feet above the sidewalk or grade at any point. No point of the sign shall project above the vertical awning face. (3) Pylon and Ground Mounted Signs Adjacent to Residential Uses (a) 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 property. Only the letters and business image may be of a lighter color. (b) 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. (D) Signs in the I1 and ED-F Districts (1) Size (a) For each industrial property, a maximum of one square foot for each lineal foot of building frontage or one-half square foot for each lineal foot of land frontage is permitted, whichever is greater, as a total allotted sign area. 6-8 Land Development Code City of Northfield, Minnesota 3/11/2015

239 Article 6: Signage (b) No wall sign shall exceed 200 square feet per wall. (c) One ground or pylon 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. (d) The total area of all signs shall not exceed the allotted sign area. (2) Location (a) Signs may be wall signs and located anywhere on the surface of the building. Signs may be pylon or ground signs. Signs may be projecting signs and may project no more than 36 inches beyond the face of the building and must have a minimum clearance of eight feet above a sidewalk and 25 feet above driveways or alleys. (E) Signs in the CD-S and PI-S Districts (1) Height (2) Size (a) Ground and kiosk signs may not exceed eight feet in height above the center line of the street in front of the property. (b) Pylon signs are prohibited. (a) Square footage for ground and kiosk signs shall be approved pursuant to an approved signage plan. A ground sign shall not exceed 100 square feet per face and shall not have more than two faces. A kiosk sign shall not exceed 20 square feet per face and shall not have more than four faces. Not more than ten percent of the building elevation area may be used for wall signage. (3) Signage Plan for the CD-S District (a) 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 8.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review) and all other applicable provisions of this section. (4) Location (a) Signs may be wall signs located anywhere on the surface of the building. (b) Signs may be projecting signs and may project not more than 36 inches beyond the face of the building, and must have a minimum clearance of eight feet above a sidewalk and 15 feet above a driveway or alley. (c) Signs may be ground or kiosk signs. (d) With written permission from staff, signs may be placed within the boulevard or on other public property provided they do not present a public safety hazard and are not placed adjacent to a residential use. (e) 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). City of Northfield, Minnesota Land Development Code 6-9 3/11/2015

240 Article 6: Signage (F) Signs in the H-O District and on Heritage Preservation Sites (1) This subsection applies to the H-O district and other sites that have been designated as heritage preservation sites. (2) Sign computations shall follow the guidelines for the base zoning district. (3) Signage shall be designed to enhance and complement the historic character of buildings within the downtown historic district. (4) Prior to issuance of a zoning certificate, the applicant shall be required to apply for, and receive, a Certificate of Appropriateness for the sign. (5) Heritage Preservation Commission shall review the sign permit application in accordance with the following guidelines: (a) All sign permits for property within the H-O shall comply with both the requirements of this section. (b) Whenever possible, sign review shall be guided by the use of historic photographs or visual records of the building or site. (c) Temporary signs meeting the requirements of this section do not require review by the Heritage Preservation Commission and can be approved by the City Planner. (d) Pylon signs are prohibited. (6) 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: (a) At or above the horizontal lintel, cornice, or beltcourse, or above the storefront windows; (b) Projecting from the building; (c) Applied to or painted on canvas awnings; or (d) In areas where signs were historically attached (See Figure 6-3) Land Development Code City of Northfield, Minnesota 3/11/2015

241 Article 6: Signage (7) Sign Shape Figure 6-3: Illustration of where signs are historically attached to buildings in the downtown historic district. 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. (8) Colors Sign colors shall coordinate with the building façade 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. (9) 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. (10) 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. (11) 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 Land Development Code /11/2015

242 Article 6: Signage (12) Illumination External illumination of signs is permitted by incandescent or fluorescent light, but shall emit a continuous white light that prevents direct shining onto the ground or adjacent buildings. Exposed neon signs shall be permitted when installed inside windows or the interior of the building. The use of internally lit signs, such as but not limited to backlit plastic, is not permitted. Exceptions to this guideline shall be allowed for public service, time/temperature and theater signs. (13) Historic Building Names Permanent historic names on buildings shall be reviewed by the heritage preservation commission when changed or painted. These signs are not subject to the standard sign area requirement. (G) Signs in the PD-O District Signs approved as part of a 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 Temporary Signs The following signs shall be permitted anywhere within the city provided they meet the established standards: (A) 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: (1) Signs in commercial and industrial districts shall have a maximum sign area of 64 square feet (equivalent to one double sided 4 ft. by 8 ft. sign) and a maximum height of 8 feet. (2) Signs in all other zoning districts shall have a maximum sign area of 12 square feet and a maximum height of five feet. (3) Such signs shall be removed within seven days of the sale, rental, or lease or within two years, whichever occurs first. (B) Temporary Signs with Noncommercial Speech Temporary signs that have no commercial message are permitted in all districts as follows: (1) Zoning certificates and fees shall not be required; and (2) Signs shall be setback a minimum of 12 feet from the edge of pavement on any street to provide for visibility. (C) Project Signs (1) Project signs are allowed up to a total of one-half square foot for every lineal foot of land frontage along a public right-of-way up to a maximum of 250 square feet. Onesided signs only are allowed. Location shall be generally parallel to the public right-ofway and shall be on the tract they identify. Project signs must be removed when 75 percent of the tract is sold or leased or after ten years has elapsed from erection of the sign, whichever shall come first. (2) Temporary signs may be permitted during the construction of a development under the following provisions: 6-12 Land Development Code City of Northfield, Minnesota 3/11/2015

243 Article 6: Signage (a) The owner of the property where the sign will be located applies for and receives a zoning certificate for the sign; (b) There shall be a limit of one sign per premises and such sign shall not exceed 32 square feet per side with a maximum of two sides; and (c) The temporary sign may be posted during construction and/or development of the subject property without a specific time limit. The sign shall be removed within 14 days of completion of construction or development. (D) Promotional Signs (1) Signage for promoting events shall be permitted for a period not to exceed fourteen days prior to the event and shall be removed within 24 hours after the event. The sign may be allowed for a maximum of 28 days within any single 12-month period. (2) Promotional signs shall require a Zoning Certificate (See Section 8.5.1, Zoning Certificate). (E) Garage/Yard Sale Signs (1) On-site garage or yard sale signs shall not exceed six square feet and be located at least five feet from the sidewalk or street in the absence of a sidewalk. (2) Such signs may be erected up to three days before and up to one day after the dates of the garage or yard sale. (F) Other Temporary Signs (1) Other temporary signs intended to be used until a permanent sign may be obtained and erected can be approved by the city planner for a period not to exceed 30 days. (2) Such sign shall not exceed the sign area permitted within the appropriate zone. (3) Such sign shall require a zoning certificate (See Section 8.5.1, Zoning Certificate) Nonconforming Signs Standards for nonconforming signs are as follows: (A) A legal nonconforming sign shall immediately lose that status if the sign is altered in any way in structure or copy, except for changeable-copy signs and normal maintenance, which makes the sign comply less with the requirements of this section than it did before the alteration. (B) 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. (C) Nonconforming sign areas shall be governed by the area requirements of the zoning district into which they would normally be placed. (D) 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 which increases its nonconformity, the sign shall lose its legal nonconforming status. City of Northfield, Minnesota Land Development Code /11/2015

244 Article 6: Signage 6.13 Abandoned Signs (A) 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. (B) 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. (C) An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the property Maintenance and Repair (A) 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. (B) 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 Repair or Removal by City Planner (A) 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. (B) All notices mailed by the city planner shall be sent by certified mail to the property owner. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail. (C) Notwithstanding subsections (A) and (B) above, in an emergency the city planner may cause the immediate repair or removal of a dangerous or defective sign that poses a hazard to public safety, without notice. (D) The notice given by the city planner shall state the remedial action required to be taken and that, if such action is not taken within the time limits set forth in this section, the city may do the work and assess the cost thereof against the property on which the sign is located, together with an additional five percent of the cost of the remedial action for inspection and incidental costs, and an additional ten-percent penalty for the cost of collection, which shall be collected in the same manner as real estate taxes against the property. (E) If the owner of the property shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate or remove the sign declared to be unlawful, they may be prosecuted for violation of this section. (F) 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 6-14 Land Development Code City of Northfield, Minnesota 3/11/2015

245 Article 6: Signage 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. (G) 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. (H) 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 Interpretation When there is any ambiguity or dispute concerning the interpretation of this division, the decision of staff shall prevail, subject to appeal as provided in Section Board of Appeals The Board of Appeals for this Section shall be the Zoning Board of Appeals, and as directed in Appeals. City of Northfield, Minnesota Land Development Code /11/2015

246 Article 7: Administration 7.1 Purpose General Provisions for all Administrative Bodies and Boards City Council Planning Commission (PC) and Zoning Board of Appeals (ZBA) Heritage Preservation Commission (HPC) City Planner and Code Enforcement Officer Development Review Committee (DRC) Enforcement and Penalties Purpose The purpose of this article is to identify the authority of the review and decision-making bodies in the development review procedures established within this LDC. It also describes how the provisions of this LDC are to be enforced. 7.2 General Provisions for all Administrative Bodies and Boards Meetings All meetings and hearings of the city council, planning commission, zoning board of appeals, and heritage preservation commission shall be scheduled and conducted in compliance with bylaws as established by the individual board or commission, and with other applicable laws 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. 7.3 City Council Powers and Duties In addition to any other authority granted to the city council by charter, ordinance, or state law, city council shall have the following powers and duties related to this 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 Land Development Code 7-1 4/9/2015

247 Article 7: Administration (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 5.2.6(C), Waiver of Requirements, upon application by the property owner, or designated representative as provided for in this LDC. 7.4 Planning Commission and Zoning Board of Appeals Created There is hereby established a planning commission, a single board that serves as both the planning commission and zoning board of appeals for the city in accordance with Minn. Stat Title and Citations This board shall be referenced and cited in this LDC as the planning commission unless the specific citation relates to the board s role as the zoning board of appeals, in which case, the board shall be referenced and cited as the zoning board of appeals Length of Members Terms Members of the planning commission and zoning board of appeals shall be appointed for terms of three years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his/her predecessor was appointed shall be appointed only for the remainder of such term. Upon the expiration of the member s term of office, a member shall continue to serve until his/her successor is appointed. Members who serve three consecutive terms, not including a partial term due to appointment to fill a vacancy, shall be ineligible for reappointment for one year following the completion of their third term 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: (A) (B) (C) (D) 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. 7-2 Land Development Code City of Northfield, Minnesota 4/9/2015

248 Article 7: Administration 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 (D) To interpret the Zoning District boundaries as provided for in Section 2.1.4, Interpretation of Zoning District Boundaries. 7.5 Heritage Preservation Commission (HPC) Created There is hereby established a heritage preservation commission in accordance with Minn. Stat , subd Members The membership of the heritage preservation commission shall be as outlined in the heritage preservation commission bylaws, subject to the requirements of the Minn. Stat , subd. 5 and the city council s authority as outlined in Section 4.3.1(B). Members of the heritage preservation commission shall be appointed for terms of three years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his/her predecessor was appointed shall be appointed only for the remainder of such term. Upon the expiration of the member s term of office, a member shall continue to serve until his/her successor is appointed. Members who serve three consecutive terms, not including a partial term due to appointment to fill a vacancy, shall be ineligible for reappointment for one year following the completion of their third term 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) 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. City of Northfield, Minnesota Land Development Code 7-3 4/9/2015

249 Article 7: Administration (C) (D) (E) (F) (G) 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 8.5.7, Heritage Preservation Site Designation. 7.6 City Planner and Code Enforcement Officer Appointment The city administrator shall appoint a city planner 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 Administration Powers and Duties In addition to any other authority granted to the city planner by charter, ordinance, or state law, the city planner shall have the following powers and duties: (A) Interpret the meaning and application of this LDC as allowed in Section , Code Interpretation; (B) Issue zoning certificates, temporary use permits, flood plain permits, and other administrative permits or certificates; (C) Review and make decisions on Type 1 Development Review Procedures as provided for in Table 8.4-1; (D) Review and make recommendations on Types 2, 3, 4, 5, 6 and 7 Development Review Procedures as provided for in Table 8.4-1; (E) Serve as administrative staff to the planning commission, zoning board of appeals, and heritage preservation commission; (F) Accept and certify all submitted applications as to completeness; (G) Publicize the agenda for all meetings; (H) Respond to inquiries; (I) Maintain permanent and current records in conformance with the city s records retention/disposition policy; 7-4 Land Development Code City of Northfield, Minnesota 4/9/2015

250 Article 7: Administration (J) (K) Serve as chairperson of the development review committee; Undertake notice requirements as established in this LDC; (L) Provide minutes of all planning commission, zoning board of appeals, and heritage preservation commission meetings; and (M) 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. 7.7 Development Review Committee (DRC) Role The development review committee (DRC) 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) 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. (B) The city council may retain a town architect to serve as a member of the development review committee to enforce the architectural standards of this LDC pursuant to paragraph (A) above Meetings (A) The city planner shall 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. City of Northfield, Minnesota Land Development Code 7-5 4/9/2015

251 Article 7: Administration (B) (C) (D) The City Planner shall notify the chairman of the Historic Preservation Commission (HPC) of applications in the adjacent commercial areas (as defined in the Northfield Downtown Guidelines) outside of the Historic District in the East of Highway 3 Sub-District of the C1 District. The HPC will be asked to provide comments to the City Planner, the City Planning Commission, and the developer on such applications during the normal course of such application reviews. 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 8.3.4, Effect of Preapplication Meetings and Preliminary Review). 7.8 Enforcement and Penalties Enforcement by City Planner and Code Enforcement Officer (A) It shall be the duty of the city planner to enforce this LDC in accordance with these administrative provisions. (B) 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. (C) 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 misdemeanor (Minn. Stat ). Upon conviction, the person, firm, corporation, or other legal entity shall be fined not more than 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) 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. (B) The city and 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. 7-6 Land Development Code City of Northfield, Minnesota 4/9/2015

252 Article 7: Administration 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. City of Northfield, Minnesota Land Development Code 7-7 4/9/2015

253 Article 8: Development Procedures Article 8: Development Procedures 8.1 Purpose Applicability Common Development Review Requirements Summary of Application and Review Procedure Types Specific Development Review Procedure Requirements Purpose The purpose of this Article is to establish standard decision-making procedures that will enable the city, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way. This article outlines the criteria, procedures, and information necessary to obtain development approvals from the city, including permit approval. 8.2 Applicability All land use and development permit applications, except building permits, shall be governed by the procedures contained in this article There are seven different types of procedural reviews with different variations on the review bodies. These seven procedures are defined in Section 8.4, Summary of Application and Review Procedure Types Specific procedures and decision criteria for each type of permit, certificate, and review are contained in Section 8.5, Specific Development Review Procedure Requirements 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. 8.3 Common Development Review Requirements The requirements of this section shall apply to all development review applications and procedures subject to development review under this article, unless otherwise stated Authority to File Applications (A) Unless otherwise specified in this LDC, development review applications may be initiated by: (1) The planning commission or city council, where applicable; or City of Northfield, Minnesota Land Development Code 8-1 3/11/2015

254 Article 8: Development Procedures (2) The owner of the property that is the subject of the application; or (3) The owner s authorized agent. (B) Unless otherwise specified in this LDC, development review application shall be submitted to and filed with the city planner. (C) 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) Applications required under this LDC shall be submitted using the application form established by the city. The materials and quantities to be submitted with each application are listed on each application form. (B) Applications shall be accompanied by a fee as established by the city council and pursuant to Section 8.3.6, Fees. (C) The city planner shall review and make decisions on the completeness of an application as provided for in Minn. Stat , 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 8.4.6(C), Review by the Development Review Committee) Neighborhood Meetings (A) Where an applicant is required to facilitate a neighborhood meeting under this LDC, such meeting shall be held prior to submitting the application for the applicable procedure. (B) 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; (C) The applicant shall conduct the neighborhood meeting within proximity of the location of the proposed development. If it is not possible to hold the meeting in proximity to the location of the proposed development, due to a lack of public facilities, the meeting shall be held in a nearby convenient location; (D) The applicant shall provide the city planner with a written summary or transcript of the meeting as part of their application. This summary or transcript shall include any testimony or written material prepared by representatives from the neighborhood; (E) The applicant shall identify, in writing, the changes made to the plans to address the concerns of the neighboring property owners. Such information shall be required at the time of their application; and 8-2 Land Development Code City of Northfield, Minnesota 3/11/2015

255 Article 8: Development Procedures (F) Fees (A) (B) 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. Establishment of Fees The city council shall establish by resolution a schedule of fees for all permits and applications required by this LDC in amounts necessary to defray administrative costs. In so doing, the city council shall consider the recommendations of the city planner with respect to actual administrative costs. Fees to be Paid No application shall be processed or considered complete until the established fee(s) have been paid. (C) Refund of Fees Application fees are not refundable except where the city planner determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant 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 if not in conflict with state law, followed by state law Public Notice For applications for development review subject to public notice requirements under this LDC or other applicable law, the city planner shall prepare and provide to the public the required notice in compliance with the following requirements: (A) Content Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum: (1) Identify the address or location of the property subject to the application and the name of the applicant or the applicant s agent. (2) Indicate the date, time, and place of the public hearing. (3) Describe the land involved by street address or, legal description, and, if applicable, the nearest cross street and project area (size). (4) Describe the nature, scope, and purpose of the application or proposal. (5) Identify the location (e.g., the offices of the city planner) where the public may view the application and related documents. (6) Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application. (7) Include a statement describing where written comments will be received prior to the public hearing. City of Northfield, Minnesota Land Development Code 8-3 3/11/2015

256 Article 8: Development Procedures (B) (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. Constructive Notice (1) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the 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. (C) (D) (E) (2) 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. 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 8.3.8(A), Content, and state law. Written (Mailed) Notice (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: (a) Written notice for planning commission hearings for environmental review consideration as outlined in Section 8.3.9, Environmental Review Consideration, below, and development review applications as outlined in Section 8.5, Specific Development Review Procedure Requirements, shall be given to property owners within 350 feet of the outer boundaries of the subject property. (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. 8-4 Land Development Code City of Northfield, Minnesota 3/11/2015

257 Article 8: Development Procedures (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. (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. (3) Written notice shall be postmarked no later than ten days prior to the meeting at which the item will be considered Environmental Review Consideration (A) (B) 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). General Provisions (1) No development project shall be approved prior to review by the city planner to determine the necessity for completion of an environmental assessment worksheet (EAW) or environmental impact statement (EIS). The city also may use the Alternative Urban Areawide Review Process (AUAR) as described in Minn. Rules (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. 116D.04 and 116D.04S and specified in Minn. Rules Parts to (C) (3) 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 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) (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. City of Northfield, Minnesota Land Development Code 8-5 3/11/2015

258 Article 8: Development Procedures (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 , as may be amended. (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 , as may be amended. (4) Procedures EAW s shall be subject to the Type 4 review procedure as established in Section 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision). (a) Preparation and Distribution (i) If it is determined that an EAW shall be prepared, the proposer of the project shall submit an application along with the completed data portions of the EAW. The applicant shall agree in writing, as a part of the application, to reimburse the city for all reasonable costs, including legal and consultants fees, incurred in preparation and review of the EAW. (ii) Pursuant to Minn. Rules , 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. (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 city s official newspaper, containing notice of availability of the EAW for public review. 8-6 Land Development Code City of Northfield, Minnesota 3/11/2015

259 Article 8: Development Procedures (b) Neighboring Property Owner Notification Upon completion of the EAW for distribution, the city planner shall provide mailed notice of the availability of the EAW and the information about the planning commission meeting 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 8.3.8, Public Notice. (c) Review by Planning Commission During the 30-day comment period that follows publication of the notice of availability of the EAW in the EQB Monitor, the planning commission shall review the EAW. The 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. (d) Decision by the City Council The city council shall make its decision on the need for an EIS for the proposed project after the close of the comment period. The 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, and in deciding whether a project has the potential for significant environmental effects, shall consider the factors listed in Minn. Rules , subd. 7, as the same may be amended. (e) After the city council s decision on the need for an EIS, notice shall be provided to all persons on the EAW distribution list, to all persons who commented in writing during the 30 day comment period, to the EQB staff for publication of the decision in the EQB Monitor and to any person upon written request. (5) Mitigation Measures Any measures for mitigating that are considered by the city council in making their EIS need decision may be incorporated as conditions for approval of any development review application. (D) Environmental Impact Statement (EIS) (1) Purpose The purpose of an EIS is to provide information for governmental units, the proposer of the project and other persons to evaluate proposed projects which have the potential for significant environmental effects, to consider alternatives to the proposed projects and to explore methods for reducing adverse environmental effects. City of Northfield, Minnesota Land Development Code 8-7 3/11/2015

260 Article 8: Development Procedures (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 , as may be amended. (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. (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 , as may be amended. The costs of preparation of an EIS shall be assessed to the project proposer in accordance with Minn. Rules Parts to , as may be amended. (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. 8.4 Summary of Application and Review Procedure Types General Provisions (A) 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. (B) Applications may be reviewed by the planning commission informally in a regularly scheduled work session prior to the planning commission s required formal meeting as appropriate. Such preliminary reviews and discussions shall be subject to Section 8.3.4, Effect of Preapplication Meetings and Preliminary Review. (C) 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 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. 8-8 Land Development Code City of Northfield, Minnesota 3/11/2015

261 Article 8: Development Procedures City of Northfield, Minnesota Land Development Code 8-9 3/11/2015

262 Article 8: Development Procedures REVIEW PROCEDURES Environmental Review Worksheet Zoning Certificate [1] Temporary Use Permit Construction Drawings Flood Plain Permit Amendment to PUD-O Site Plan Review Heritage Preservation Designation Certificate of Appropriateness Conditional Use Permit Parcel Conveyance Minor Subd. or Consolidate Major Subd. Prelim. Plat Major Subd. -- Final Plat Comp Plan Amendment Rezoning or Text Amend (B) (D) Type 1 City Planner (No DRC) Table 8.4-1: Development Review Procedures Type 2 City Planner (with DRC) Type 3 Heritage Preservation Commission Decision Decision Decision Type 4 Planning Commission (or HPC) and Council Recommend & Decide X (PC) Type 5 City Council Type 6 Zoning Board of Appeals Type 7 Planning Comm.(C2 Only) Decision Decision Decision X X X X X X [2] X X X X X X (HPC & PC) Annexation X (PC) Variance X Appeals X Interpretation X 1. The type of review required for a zoning certificate is dependent on the size and scale of the project. Section 8.5.1, 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 8.5.6, 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. X (PC) X (PC) X (PC) X (PC) X X 8-10 Land Development Code City of Northfield, Minnesota 3/11/2015

263 Article 8: Development Procedures 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. (A) (B) Application Submittal The applicant shall submit an application to the city planner in accordance with Section 8.3, Common Development Review Requirements. Action by the City Planner (1) Within 15 days of the date when an application is certified (See Section 8.3.3(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. (2) The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. (C) 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 , Appeals 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. (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 Land Development Code /11/2015

264 Article 8: Development Procedures (B) (C) Application Submittal The applicant shall submit an application to the city planner in accordance with Section 8.3, Common Development Review Requirements. Review by the Development Review Committee (1) Upon submittal of a certified application (See Section 8.3.3(C)), the city planner shall transmit copies of the application to members of the development review committee for review and comment. (D) (2) 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 (1) The city planner shall make a decision to approve or deny an application in a timely manner, in accordance with state law (See Minn. Stat ). (2) If approved, the city planner shall issue a zoning certificate or letter of approval depending on the specific application. (3) If denied, the city planner shall send a letter to the applicant listing the reasons for the denial. (4) The decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. (E) Appeal The decision by the city planner may be appealed to the zoning board of appeals within 30 days from the date of the action in accordance with Section , Appeals 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 8.5.8, Heritage Preservation Commission s Certificate of Appropriateness. (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 Land Development Code City of Northfield, Minnesota 3/11/2015

265 Article 8: Development Procedures (B) (C) Application Submittal The applicant shall submit an application to the city planner in accordance with Section 8.3, Common Development Review Requirements. Review by the Development Review Committee (1) At the city planner 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 8.3.3(C)). (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. (D) (3) After the development review committee meeting, the city planner shall provide the applicant with comments and suggested changes. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the heritage preservation commission meeting. Preparation of Staff Report (1) The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee, as applicable, in formulating the recommendation. (E) (2) 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 8.5.8, Heritage Preservation Commission s Certificate of Appropriateness. (F) Appeal The decision by the heritage preservation commission is appealable to the zoning board of appeals (See Section , Appeals) 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 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 8.3.8, Public Notice. City of Northfield, Minnesota Land Development Code /11/2015

266 Article 8: Development Procedures (A) (B) Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements. Neighborhood Meeting (1) A neighborhood meeting will be required for any major subdivision that will create 50 or more lots. (2) A neighborhood meeting will be required for any zoning map amendment that encompasses more than 100 acres (3) A neighborhood meeting will be required for all development in the PTA sub-zone as established in Section 2.4.2(C)(2). (C) (4) 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 8.3.5, 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 8.3.4, Effect of Preapplication Meetings and Preliminary Review). At the applicant 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 Land Development Code City of Northfield, Minnesota 3/11/2015

267 Article 8: Development Procedures (D) (E) Application Submittal The applicant shall submit an application to the city planner in accordance with Section 8.3, Common Development Review Requirements. Review by the Development Review Committee (1) At the city planner 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 8.3.3(C)). The development review committee shall include the town architect for development applications proposed in the PTA sub-zone of the CD-S district. (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. (F) (G) (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 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 8.5.3(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 8.3.8, 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 8.3.8, Public Notice. Preparation of Staff Report (1) The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee in formulating the recommendation. (H) (2) 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 (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. (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 , at which time it shall make a recommendation. City of Northfield, Minnesota Land Development Code /11/2015

268 Article 8: Development Procedures (I) (J) (3) 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 8.5.7, Heritage Preservation Site Designation. Action by the City Council (1) After the planning commission s recommendation is made, the city council shall approve the request, approve with conditions (where allowed by law), or deny the request. (2) 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. (3) The city council shall adopt findings and shall act upon the application in accordance with Minn. Stat (K) Appeals The decision by the city council is appealable to the district court within 30 days after receipt of notice of the decision 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. (A) (B) (C) Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements. Application Submittal For minor subdivision and major subdivision final plat review, the applicant shall submit an application in accordance with Section 8.3, Common Development Review Requirements. Review by the Development Review Committee 8-16 Land Development Code City of Northfield, Minnesota 3/11/2015

269 Article 8: Development Procedures (1) The application shall be forwarded to the development review committee for review after the city planner certifies the application is complete (See Section 8.3.3(C)). (2) The development review committee shall review the application and provide comments back to the city planner. (D) (3) After the development review committee meeting, the city planner shall provide the applicant with comments and suggested changes. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the city council meeting. Preparation of Staff Report (1) 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. (E) (2) A written staff report shall be forwarded to city council, and the contact person listed on the application form, at least three days prior to the meeting at which the city council will consider the application. Action by City Council The city council shall approve the request, approve with conditions, or deny the request. (F) Appeals The decision by the city council is appealable to the district court within 30 days after receipt of notice of the decision 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 8.3.8, Public Notice. (A) (B) Application Submittal The applicant shall submit an application in accordance with Section 8.3, Common Development Review Requirements. Review by the Development Review Committee (1) At the city planner 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 8.3.3(C)). City of Northfield, Minnesota Land Development Code /11/2015

270 Article 8: Development Procedures (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. (C) (D) (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. 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 8.3.8, Public Notice). Preparation of Staff Report (1) The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee in formulating the recommendation. (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. (E) (F) (3) In the case of appeals, the city planner shall forward all records related to the appealed decision as part of a staff report and a summary of their findings in the making of the original decision that is being appealed. 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. 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 Land Development Code City of Northfield, Minnesota 3/11/2015

271 Article 8: Development Procedures 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 8.5.1, Zoning Certificate. (A) (B) (C) Preapplication Meeting The applicant shall be required to meet with the city planner prior to submitting an application to discuss the proposal at a preapplication meeting unless such requirement is waived by the city planner. This meeting will provide the applicant an opportunity to meet with the city planner and other members of city staff who can provide initial feedback regarding applicable standards and requirements. Application Submittal The applicant shall submit an application in accordance with Section 8.3, Common Development Review Requirements and all information necessary to indicate compliance with architectural design objectives and standards in Article 3. Review by the Development Review Committee (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 8.3.3(C)). The development review committee shall include the town architect and others as provided for in Section 7.7.3, Membership. (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. (D) (3) The city planner shall provide the applicant with comments and suggested changes. The applicant shall be required to submit revised plans and documents incorporating the required changes prior to the commission meeting. Preparation of Staff Report (1) The city planner shall prepare a staff report providing an analysis of the proposal and a recommendation. The city planner shall consider comments from the development review committee in formulating the recommendation. City of Northfield, Minnesota Land Development Code /11/2015

272 Article 8: Development Procedures (E) (F) (2) 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 8.4.8(D), Preparation of Staff Report through Section 8.4.8(F), Appeals). 8.5 Specific Development Review Procedure Requirements Zoning Certificate (A) (B) Applicability No building or other structure shall be erected, constructed, re-constructed, enlarged, moved or structurally altered, nor shall any land be used, excavated, or improved until a zoning certificate is issued. Approval Procedure The zoning certificate application shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements, and 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 8.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)): (a) Accessory uses regulated by Section 2.10, Accessory Uses and Structures. (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. (c) New single-family and two-family dwellings or additions and modifications of such uses. (d) Additions to nonresidential structures of less than 500 square feet. (e) The city planner may consult with the town architect to be sure the compatibility standards in Section 3.4, Neighborhood Compatibility Standards, have been met. (f) Signs that are not located on a heritage preservation site Land Development Code City of Northfield, Minnesota 3/11/2015

273 Article 8: Development Procedures (g) Registration of pre-existing uses as defined in Section 2.7.2(B)(3), Pre-Existing Uses (PE). (2) Type 2 Review Procedure The following zoning certificate application types shall be subject to the Type 2 review procedure as established in Section 8.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)): (a) New multi-family dwellings of three units or more. (b) Any additions or modifications to multi-family dwellings of three units or more. (c) Additions to nonresidential structures of 500 square feet or more. (d) Parking structures and facilities and parking lots. (3) 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 8.4.6, Type 3 Review Procedure (Heritage Preservation Commission Decision). (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 in accordance with Section , Type 7 Review Procedure (Planning Commission Decision). (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 , Appeals. (C) Approval Criteria (1) All of the following criteria shall be considered and met in the review of a zoning certificate application subject to a Type 1 or Type 2 review procedure. (a) The application shall demonstrate full compliance with the applicable requirements of this LDC; (b) Approval of the application must result in safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and (c) Approval of the application must result in safe ingress and egress for emergency services. City of Northfield, Minnesota Land Development Code /11/2015

274 Article 8: Development Procedures (D) (E) (2) 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 8.5.6, Site Plan Review. Effect of Zoning Certificate Approval The zoning certificate must be issued prior to the city s issuance of building permit. Expiration (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. (2) Extensions may be granted if a modified timeline is requested and approved by the city planner Temporary Use Permit (A) Applicability A temporary use permit may be issued for the following reasons: (1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. (2) To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. (B) (C) (3) To allow a use that is reflective of an anticipated long range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses. Approval Procedure Temporary use permit applications shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements and shall be subject to the Type 1 review procedure as established in Section 8.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)). Approval Criteria Criteria (1) and (2) below shall be met and all circumstances applicable to criterion (3) shall be considered in the review of temporary permit applications: (1) The use must be 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. (2) The date or event that will terminate the use must be able to be identified with certainty. (3) The use must not impose additional unreasonable costs on the public Land Development Code City of Northfield, Minnesota 3/11/2015

275 Article 8: Development Procedures (D) Termination A temporary use shall terminate on the happening of any of the following events, whichever occurs first: (1) The expiration date stated in the permit. (2) Upon violation of conditions under which the permit was issued. (3) Upon change in the city s Land Development Code which renders the use nonconforming. (4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. (5) Noncompliance with the removal of the temporary use would make the property owners subject to the penalties listed in Section 7.8, Enforcement and Penalties 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) (C) Approval Procedure: Construction drawings shall be submitted to the city engineer and shall be subject to the Type 1 review procedure as established in Section 8.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)), except that the city engineer will be responsible for review and a decision instead of the city planner. Approval Criteria The city engineer shall consider the following in the review of construction drawings: (1) That the proposed subdivision and related improvements are in full compliance with the provisions of this LDC as it relates to infrastructure, stormwater management, transportation, and other infrastructure improvements; and (D) (2) That the proposed improvements are in full compliance with the city s plans, standards, and specifications of the city 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 Engineer s Decision (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, as provided for in Northfield Municipal Code, Section , has been issued. City of Northfield, Minnesota Land Development Code /11/2015

276 Article 8: Development Procedures (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. (E) (3) 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 (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. (2) Extensions may be granted if a modified timeline is requested and approved by the city engineer Flood Plain Permit (A) Applicability (1) A flood plain permit shall be required prior to the issuance of any building permit and/or zoning certificate in the FP-O district or applicable flood plain/special flood hazard area as determined by the Federal Emergency Management Administration (FEMA). (B) (2) 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 permit applications shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements and shall be subject to the Type 2 review procedure as established in Section 8.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)), modified as follows: (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. (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. (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 7.8, Enforcement and Penalties Land Development Code City of Northfield, Minnesota 3/11/2015

277 Article 8: Development Procedures (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. (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. (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). (C) (7) 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 to a watercourse described in (6) above by submitting a copy of the technical or scientific data. Variances of Flood Plain Permit Requirements Variances of the standards of this section may be heard by the zoning board of appeals pursuant to the variance application procedure established in Section (Variance), 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) 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. (2) Variances shall only be issued by the city upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (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. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. City of Northfield, Minnesota Land Development Code /11/2015

278 Article 8: Development Procedures (D) (4) The city planner shall notify the applicant for a variance that: (a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $ of insurance coverage; and (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. Conditional Uses (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 8.5.9, Conditional Use Permit. (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, which 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 7.8, Enforcement and Penalties. (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. (4) Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts are as follows: (a) The applicant shall submit the following information and additional information to the city planner in accordance with Section 8.3, Common Development Review Requirements and additional information as deemed necessary by the city planner for determining the suitability of the particular site for the proposed use: (i) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and (ii) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (b) Transmit one copy of the information described in Subsection 8.5.4(D)(4)(a) above to a designated engineer or other expert person 8-26 Land Development Code City of Northfield, Minnesota 3/11/2015

279 Article 8: Development Procedures 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. (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. (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: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (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. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the city. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) (j) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. (k) Such other factors that are relevant to the purposes of this LDC. (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: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. City of Northfield, Minnesota Land Development Code /11/2015

280 Article 8: Development Procedures (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 Amendments to the PD-O District (A) Applicability This development procedure describes how to modify any previously approved PUD (See Section 2.5.4, Planned Unit Development Overlay District (PD-O). (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: (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); (b) Change the overall use; or (c) Create changes that will create an increased impact for on- or off-site improvements as determined after development review committee review. (2) Major Amendments Major amendments shall be all proposed amendments that are not classified as a minor amendment above. (C) Approval Procedure (1) Applications for minor amendments shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements and shall be subject to the Type 2 review procedure as established in Section 8.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)). (D) (2) 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 , Text and Zoning Map Amendments) to a different base zoning district that is compatible with the surrounding area. Approval Criteria Criterion (1) below shall be met and criteria (2) and (3) below shall be considered in the review of minor PUD amendments: (1) The amendment must satisfy the definition of minor amendments as established in this section; 8-28 Land Development Code City of Northfield, Minnesota 3/11/2015

281 Article 8: Development Procedures Site Plan Review (A) (2) The amendment must be necessary due to engineering, safety, or some circumstance unforeseen at the time of the original approval; and (3) The amendment must be consistent with this LDC. Applicability Approval of a site plan is required prior to construction for uses as defined in Section 8.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review). (B) (C) Approval Procedure Site plan review shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements and shall be subject to the Type 2 review procedure as established in Section 8.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)). Approval Criteria Criterion (1) below shall be met and criteria (2) through (6) below shall be considered in the review of site plan review applications: (1) That it fully complies with all applicable requirements of this LDC; (2) That it adequately protects residential uses located on the same property from the potential adverse effects of a non-residential use; (3) That it is consistent with the use and character of surrounding properties; (4) That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; (5) That it provides safe ingress and egress for emergency services; and (D) (6) That it complies with the city s plans, standards, and specifications of the city s comprehensive transportation plan update and other infrastructure standards adopted by the city, including, but not limited to the list of plans in Section Amendments to Approved Site Plans (1) After a site plan has been approved, 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 8.4.4, 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 8.4.5, Type 2 Review Procedure (City Planner Decision with Development Review Committee Review)). (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 City of Northfield, Minnesota Land Development Code /11/2015

282 Article 8: Development Procedures lighting, surface water management plan, or similar modifications subject to a Type 2 review procedure (See Section 8.4.5, 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 Heritage Preservation Site Designation (A) Applicability (1) The city may, from time to time, determine that certain places, buildings, structures, properties, or district areas or properties within the community are of 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. (B) (2) 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 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision)) as modified herein. (1) Reports The city council may direct the city planner or other city staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for designation as a heritage preservation site prior to review as established in Section 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision). (2) Review and Recommendation by the Heritage Preservation Commission and Planning Commission (a) The heritage preservation commission shall review the application for designation in accordance with the Type 4 review procedure as established in Section 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision)) and shall make a recommendation to the city council. (b) In addition to the approval criteria as established in Section 8.5.7(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. (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 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission 8-30 Land Development Code City of Northfield, Minnesota 3/11/2015

283 Article 8: Development Procedures Recommendation and City Council Decision) and shall make a recommendation to the city council. (3) Communication with State Historical Society (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. (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. (4) Review and Decision by the City Council (a) The city council shall review and make a decision on a heritage preservation site application in accordance with Section 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision). (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. (c) The city council shall adopt findings in support of any decision to designate a heritage preservation site. (d) The decision of the city council shall be made in the form of an ordinance. (C) Approval Criteria All of the following criteria shall be considered in the review of heritage preservation site designation applications: (1) That 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; or (2) That are associated with events that have made a significant contribution to the broad patterns of our history; or (3) That are associated with the lives of persons significant in our past; or (4) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (5) That have yielded, or may be likely to yield, information important in prehistory or history; or (6) That have a unique location or singular physical characteristics representing established and familiar aspects of a view, vista, site, area or district in the city. City of Northfield, Minnesota Land Development Code /11/2015

284 Article 8: Development Procedures (D) 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 7.8.3, 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. (B) (C) (D) Exemption Building permits for work (electrical, interior structural, etc.) on the interior of the structure shall be exempt from the provisions of this section provided that the work for which the building permit is requested will not alter the external appearance or the gross floor area of the structure. Approval Procedure Certificates of appropriateness shall be subject to the Type 3 review procedure as established in Section 8.4.6, Type 3 Review Procedure (Heritage Preservation Commission Decision), except that the heritage preservation commission shall be responsible for review instead of the planning commission. 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. Criterion (1) below must be met and criteria (2) through (5) shall be considered: (1) That it fully complies with all applicable requirements of this LDC; (2) That the proposed action is in harmony with the intent of the H-O district; (3) That the proposed action would complement other structures within the H-O district; (4) That the proposed action is consistent with the Downtown Preservation Design Guidelines; and (E) (5) 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 commission s decision may be made to the zoning board of appeals in accordance with this LDC and state law Land Development Code City of Northfield, Minnesota 3/11/2015

285 Article 8: Development Procedures Conditional Use Permit (A) (B) 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 Approval Procedure (1) Conditional use permits in all districts shall be subject to the Type 4 review procedure as established in Section 8.4.7, 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 8.5.9(B)(2) below. (C) (D) (2) 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 8.4.7, 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 (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. (2) Criterion (a) below must be met and criteria (b) through (n) shall be considered in the review of conditional use permit applications: (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; (b) The conditional use will be in accordance with the general objectives, or with any specific objective, of the city s comprehensive plan and this LDC; (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; (d) The conditional use will not be hazardous or reasonably disturbing to existing or future neighboring uses; (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; (f) The benefits of the conditional use outweigh the potential negative effects to the surrounding area or community; City of Northfield, Minnesota Land Development Code /11/2015

286 Article 8: Development Procedures (g) The conditional use will not create excessive additional requirements at public cost for public facilities and services; (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; (i) (j) 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. 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. (k) In residential districts, the use is of a similar height, building orientation, massing, setback, and scale as to be compatible with surrounding uses in compliance with Section 3.5, Neighborhood Compatibility Standards. (l) In the Perimeter Transition Area (PTA) within the college development district (CD-S) that abut residential and commercial districts, height, building orientation, massing, setback and scale shall be considered in building renovation and/or new construction in order to maintain compatibility with surrounding areas as described in Section 3.4, Neighborhood Compatibility Standards. These neighborhood compatibility standards are to be administered in order to maintain a harmonious neighborhood environment and absolute compliance with these standards is not intended. (m) Impacts such as noise, hours of activity, and outdoor lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. (n) 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: (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); (ii) Number of full time and part time employees; (iii) Number and approximate timing of deliveries. (3) Conditional uses in the FP-O district are also subject to the conditional use regulations of Section (D), Conditional Uses. (4) Conditional uses in the WS-O district are also subject to the conditional use regulations of Section 4.2.9, Conditional Use Permits Land Development Code City of Northfield, Minnesota 3/11/2015

287 Article 8: Development Procedures (E) Amendments to an Approved Conditional Use Permit Approved conditional use permits may only be amended upon the classification and review of the proposed amendment as follows: (1) Minor Amendments (a) Minor amendments shall include 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. (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 8.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)). (c) The city planner may determine that a proposed minor amendment qualifies as a major amendment, requiring approval in accordance with Subsection (2) below. (2) Major Amendments Major amendments shall include all changes that are not classified as minor amendments above and shall be subject to Type 4 review procedures as established in Section 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision). (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. (F) Effect of City Council Decision (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. (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. (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. (4) Authorizes construction according to the approved construction drawings approved pursuant to Section 8.5.3, Construction Drawings. City of Northfield, Minnesota Land Development Code /11/2015

288 Article 8: Development Procedures Adjacent Parcel Land Conveyance (A) (B) 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. Applicability (1) An adjacent parcel land conveyance occurs when a portion of a platted lot will be conveyed to an adjacent lot. (C) (D) (2) This procedure shall only be utilized when the city planner determines that 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 8.4.4, Type 1 Review Procedure (City Planner Decision without Development Review Committee Review)). Approval Criteria All of the following criteria shall be considered and met in the review of adjacent parcel land conveyance: (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 (2) The land conveyance is in compliance with the requirements of this LDC; and (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 Minor Subdivision or Lot Consolidation (A) Applicability A minor subdivision is a lot division or lot consolidation that meets the following requirements: (1) The subdivision or consolidation shall not result in or create more than three parcels, including the remainder of the original parcel; (2) 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 (B) (3) 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) Minor subdivisions and lot consolidations shall be submitted to the city planner in accordance with Section 8.3, Common Development Review 8-36 Land Development Code City of Northfield, Minnesota 3/11/2015

289 Article 8: Development Procedures Requirements and shall be subject to the Type 5 review procedure as established in Section 8.4.8, Type 5 Review Procedure (Decision by City Council with No Review by Planning Commission). (C) (2) In addition to the review procedure set forth above, all minor subdivision or lot consolidation applications shall be submitted to the state and county highway departments (if adjacent to a state or county highway) prior to submission of an application. A comment letter from these entities shall be required as part of the application. Approval Criteria All of the following criteria shall be considered in the review of minor subdivisions and lot consolidations: (1) The subdivision or consolidation must be in general compliance with the comprehensive plan. (2) The subdivision or consolidation must meet the purpose and intent of this LDC. (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. (4) The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. (5) The subdivider shall comply with the park dedication (See Section 5.2.6, Parks, Trails, and Open Space Dedication), tree preservation (See Section 3.5.6, Tree and Woodland Preservation), and wetland buffer regulations, as required for a major subdivision Major Subdivision (A) Applicability Subdivision applications that do not meet the definition of a minor subdivision (See Section , 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 (a) Preliminary plats shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements and shall be subject to the Type 4 review procedure as established in Section 8.4.7, Type 4 Review Procedure (Planning Commission or Heritage Preservation Commission Recommendation and City Council Decision). (b) In addition to the review procedure set forth above, all major subdivision preliminary plat applications shall be submitted to the park and recreation advisory board and the state and county highway departments (if adjacent to a state or county highway) prior to City of Northfield, Minnesota Land Development Code /11/2015

290 Article 8: Development Procedures submission of an application. A comment letter from these entities shall be required as part of the preliminary plat submission. (c) A subdivision application for a preliminary plat of a major subdivision shall be approved or disapproved by the city within 120 days following the determination that the application is complete as provided for in Section 8.3, Common Development Review Requirements, unless an extension of the review period has been agreed to by the applicant. (2) Approval Criteria The planning commission and city council shall consider the following criteria in the review of a preliminary plat. Criteria (a) and (g) must be met and (b) through (f) shall be considered: (a) The proposed subdivision must be in full compliance with the provisions of this LDC; (b) The proposed subdivision must be in accordance with the general objectives, or with any specific objective, of the city s comprehensive plan, capital improvements program, or other city policy or regulation; (c) 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, must be such that the site is suitable for the type of development or use contemplated; (d) The site must be physically suitable for the intensity or type of development or use contemplated; (e) The design of the subdivision or the proposed improvements must not be likely to cause substantial and irreversible environmental damage; (f) The design of the subdivision or the type of improvements must not be detrimental to the health, safety, or general welfare of the public; and (g) The design of the subdivision or the type of improvement must not conflict with easements on record, unless those easements are vacated, or with easements established by judgment of a court. (3) Effect of the City Council s Decision (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. (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 Land Development Code City of Northfield, Minnesota 3/11/2015

291 Article 8: Development Procedures (4) Expiration of Preliminary Plat Approval (a) Unless the city council specifically approves a different time period as part of the preliminary plat approval, the approval of a preliminary plat shall expire one year from the date it was approved, unless the applicant has filed a complete application for approval of a final plat; or (b) The applicant may request an extension of the expiration date in writing to the city planner. The city council may approve one extension of not more than three years. Such written request shall include the following: (i) An explanation for why a final plat has not been applied for; (ii) An explanation of what, if any, good faith efforts have been made to complete the platting process; (iii) The anticipated completion date; and (iv) A list of any new requirements in this LDC, that the plat is subject to, since the preliminary plat was approved. (C) (D) Construction Drawings Approval Construction drawings shall be submitted to the city engineer and approved as established in Section 8.5.3, Construction Drawings, at the time of the final plat submission. Final Plat (1) Approval Procedure (a) Final plats shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements and shall be subject to the Type 5 review procedure as established in Section 8.4.8, Type 5 Review Procedure (Decision by City Council with No Review by Planning Commission). (b) The application and staff report to be considered by the city council for final approval shall be shared with the planning commission. (c) 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. (d) 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. (e) A subdivision application for a final plat of a major subdivision shall be approved or disapproved by the city within 60 days following the determination that the application is complete as provided for in Section 8.3, Common Development Review Requirements, unless an extension of the review period has been agreed to by the applicant. City of Northfield, Minnesota Land Development Code /11/2015

292 Article 8: Development Procedures (2) Approval Criteria The city council shall consider the following in the review of a final plat. Criteria (a), (b) and (d) below must be met and criterion (c) shall be considered: (a) Construction drawings have been submitted to, reviewed and approved by the city engineer; (b) A development agreement must have been prepared and submitted as part of the final plat application; (c) Whether the final plat is in substantial compliance with the approved preliminary plat and any conditions on the preliminary plat approval, and whether any changes of note were reported to the city council; and (d) The final plat must comply with all other applicable standards in this LDC and state law including Minn. Stat., Ch. 505 as applicable. (3) Effect of City Council 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. (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 Comprehensive Plan Amendment (A) Applicability (1) This section outlines the procedural requirements for the amendment of the comprehensive plan. (2) An amendment of the comprehensive plan may be initiated by the planning commission or city council or proposed by city staff. (3) A resident of Northfield or property owner of land within the city may submit an application to the city planner in accordance with Section 8.3, Common Development Review Requirements to amend the comprehensive plan as follows: (a) The city council will review the request and provide direction to the planning commission as to whether the request warrants further study. (b) The planning commission will consider the request, based on the criteria in Section (C), Approval Criteria, and make one of the following recommendations: (i) To initiate the requested comprehensive plan amendment; 8-40 Land Development Code City of Northfield, Minnesota 3/11/2015

293 Article 8: Development Procedures (ii) To initiate a modified comprehensive plan amendment; or (iii) To not initiate a comprehensive plan amendment. (B) (C) Approval Procedure Amendments to the comprehensive plan shall be subject to the Type 4 review procedure as established in Section 8.4.7, 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 amendment based on, but not limited to, consideration of the following criteria: (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; (2) Whether the proposed amendment is consistent with the policy foundation of the comprehensive plan; (3) Whether and the extent to which the proposed comprehensive plan amendment addresses a demonstrated community need; (4) Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public; (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; (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 (7) Whether the proposed comprehensive plan amendment will result in a logical and orderly development pattern Rezoning or Text Amendments (A) Applicability (1) This section outlines the procedural requirements for the amendment of the text of this LDC and the official zoning map. (2) An amendment of the text of this LDC or the official zoning map 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 by submitting an application to the city planner in accordance with Section 8.3, Common Development Review Requirements. City of Northfield, Minnesota Land Development Code /11/2015

294 Article 8: Development Procedures (B) (C) 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 8.4.7, 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: (1) The specific policies, goals, objectives, and recommendations of the comprehensive plan and other city plans, including public facilities and the capital improvement plans. (2) The purpose and intent of this LDC, or in the case of a map amendment, whether it meets the purpose and intent of the individual district. (3) The adequacy of infrastructure available to serve the proposed action. (4) The adequacy of a buffer or transition provided between potentially incompatible districts Annexation (A) Applicability (1) This section outlines the procedural requirements for the review of annexation requests submitted by property owners. (2) This section does not preclude the city from annexing land by any other method available under Minnesota State Law and for reasons other than the specified request, nor shall it be construed to require the city to annex any land at any time. (B) (C) (3) The applicant shall submit information for the proposed annexation that will assist in the evaluation of the fiscal and infrastructure impacts to the city to the city planner. Approval Procedure Annexation requests shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements, and shall be subject to the Type 4 review procedure as established in Section 8.4.7, 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 annexation and make a recommendation and decision on the application based on the city s annexation policy and applicable state statutes Land Development Code City of Northfield, Minnesota 3/11/2015

295 Article 8: Development Procedures (D) Effects of the City Council s Decision (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. (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, the city shall proceed as follows: (a) If all or a part of the land approved for annexation is subject to a valid joint resolution for orderly annexation with a township of current force and effect, the city shall adhere to the terms, conditions and procedures established in the applicable joint resolution to annex such land. (b) If all or part of the land approved for annexation is not subject to an existing joint resolution for orderly annexation with a township, the city council shall: (i) direct the staff to negotiate and draft a joint resolution for orderly annexation with the appropriate township board in compliance with Minn. Stat , as the same may be amended; or (ii) annex such land by ordinance if permitted by Minn. Stat , as the same may be amended; or (iii) direct staff to pursue annexation of such land by any other mechanism allowed under Minn. Stat. Ch. 414, as the same may be amended. (c) Following an annexation pursuant to a valid and enforceable joint resolution for orderly annexation and Minn. Stat , as the same may be amended, the applicant may pursue development of the annexed land under the terms of the orderly annexation agreement, consistent with the annexation application as approved and other applicable development regulations Variance (A) Applicability A variance is a modification or variation of the provisions of this LDC as applied to a specific piece of property. Pursuant to Minnesota Statutes, use variances are prohibited. (B) Approval Procedure (1) Variance applications shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements, and shall be subject to the Type 6 review procedure as established in Section 8.4.9, Type 6 Review Procedure (Quasi-Judicial Decision by the Zoning Board of Appeals). (2) The zoning board of appeals may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. City of Northfield, Minnesota Land Development Code /11/2015

296 Article 8: Development Procedures (C) Approval Criteria (1) Pursuant to Minn. Stat , Subd 6, as it may be amended from time to time, the zoning board of appeals may only grant applications for variances where practical difficulties in complying with this LDC exist and each of the following criteria are satisfied: (a) The variance is in harmony with the general purposes and intent of this LDC; and (b) The variance is consistent with the Comprehensive Plan; (c) The property owner proposes to use the property in a reasonable manner not permitted by this LDC; (d) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and (e) The variance, if granted, will not alter the essential character of the locality. (2) Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (3) Variances shall be granted for earth shelter construction as defined in Minn. Stat. 216C.06, subd. 14, when in harmony with this LDC. (4) Variances in the FP-O district are also subject to the variance regulations of Section (C), Zoning Board of Appeals 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. (B) (C) (D) Approval Procedure Appeals shall be submitted to the city planner in accordance with Section 8.3, Common Development Review Requirements, and shall be subject to the Type 6 review procedure as established in Section 8.4.9, Type 6 Review Procedure (Quasi-Judicial Decision by the Zoning Board of Appeals). 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. Provisions Specific to Appeals (1) A majority vote of all voting members of the zoning board of appeals shall be required to overturn a decision Land Development Code City of Northfield, Minnesota 3/11/2015

297 Article 8: Development Procedures (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. (3) A copy of the decision of the zoning board of appeals shall be sent by mail to the applicant seeking the appeal Code Interpretation (A) (B) 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. Code Interpretation Procedure (1) Requests A request for a code interpretation shall be made in writing to the city planner. (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 planner s decision on the interpretation or the decision to forward the interpretation request to the zoning board of appeals for review. (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. (4) Procedure Initial code interpretations shall be subject to the Type 1 review procedure as established in Section 8.4.4, 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 8.4.9, Type 6 Review Procedure (Quasi-Judicial Decision by the Zoning Board of Appeals)). (C) Interpretations on File The city shall keep on file a record of all written code interpretations. City of Northfield, Minnesota Land Development Code /11/2015

298 Article 9: Definitions 9.1 Rules of Construction and Interpretation Intent 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 nonbusiness/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: City of Northfield, Minnesota Land Development Code 9-1 3/8/2016

299 Article 9: Definitions (A) And indicates that all connected items, conditions, provisions, or events shall apply; and (B) Or indicates that one or more of the connected items, conditions, provisions, or events shall apply Tense and Usage Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular Gender The masculine shall include the feminine, and vice versa Meaning 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 Other Terms Not Defined Words and phrases not otherwise defined in this LDC shall be construed according to the common and approved usage of American English Additional Definitions within this LDC There are additional definitions located in Section 2.8, Use Definitions, that are intended to define specific uses of property within this LDC. 9.2 Definitions Abutting or Adjacent The land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement, or street. Accessory Dwelling Unit A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities that is 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. 9-2 Land Development Code City of Northfield, Minnesota 3/8/2016

300 Article 9: Definitions Adult Use Any use as defined in Section 2.8.4(A). Any business that: (i) devotes a substantial or significant portion of its inventory, stock-in-trade or publicly displayed merchandise to; or (ii) devotes a substantial or significant portion of its floor area of the business (not including store rooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to; or (iii) derives a substantial or significant portion of its gross revenue from sales of, materials or devices that stimulate human genitals, are designed for sexual stimulation, or that depict or that relate to specified anatomical areas or specified sexual activities. Activities and matters classified as obscene as defined by Minn.Stat are not adult uses and are prohibited in the City. Affordable Housing Owner or renter occupied housing where the annual mortgage or annual rent plus the cost of utilities do 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. 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. City of Northfield, Minnesota Land Development Code 9-3 3/8/2016

301 Article 9: Definitions 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 8: 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 8: 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. 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 façade. 9-4 Land Development Code City of Northfield, Minnesota 3/8/2016

302 Article 9: Definitions 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, within the FP-O District 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. Boarding House A building, excluding a hotel, motel, dormitory or residence hall, where lodging or rooms, or both, are provided for compensation, whether directly or indirectly. Body The remainder of the building visible between the building base and cap. Brewpub Brew pub is a brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in section 340A.24, subdivision 2. Brewer taproom A facility on the premises of or adjacent to the premises owned by a brewer, licensed under Minn. Stat. 340A.301, intended for the on-sale consumption and limited off-sale of beer produced on site by the brewer as authorized by Minn. Stat. 340A.26. 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 3.5, 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 Land Development Code 9-5 3/8/2016

303 Article 9: Definitions Building Height The vertical distance of a building as measured in accordance with Section 3.1.6, Height, Measurement, Limits, and Exceptions. Building-Integrated Solar Energy Systems An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings. Building Mounted Solar Energy Systems An active solar energy system that is mounted to the roof or other part of the building using brackets, stands or other apparatus. 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 or retained to represent the city general civil matters. City Council The City Council of the City of Northfield. City Engineer The licensed engineer employed or retained by the city to manage the engineering department. 9-6 Land Development Code City of Northfield, Minnesota 3/8/2016

304 Article 9: Definitions City Planner The staff person at the city or retained consultant who has the primary responsibility for administering the duties of this LDC. Clear cutting 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. Cocktail room A facility on or adjacent to the premises of a microdistillery licensed under Minn. Stat. 340A.22, which has been issued a cocktail room license for the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. 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 Solar Farm A facility that converts sunlight into electricity whether by photovoltaic action (PV), concentrating solar thermal devices (CST), or other conversion technology for the sale to an electric utility company. 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. Community Solar Garden A solar electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off site from the location of the solar energy system, under the provisions of Minnesota Statutes 216B.1641 or successor statute. Comprehensive Plan The Comprehensive Plan of Northfield, Minnesota adopted on November 17, 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. City of Northfield, Minnesota Land Development Code 9-7 3/8/2016

305 Article 9: Definitions 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. 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 5.1.4, Development Agreement Required. DNR The Minnesota Department of Natural Resources. Drainage Course A watercourse or indenture for the drainage of surface water. 9-8 Land Development Code City of Northfield, Minnesota 3/8/2016

306 Article 9: Definitions 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. 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. City of Northfield, Minnesota Land Development Code 9-9 3/8/2016

307 Article 9: Definitions 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. Up to five 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. Feeder Line Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. 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. 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 Land Development Code City of Northfield, Minnesota 3/8/2016

308 Article 9: Definitions 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 Studies as adopted in this code. 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. Foot-candle 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. Freestanding Solar Energy Systems Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. City of Northfield, Minnesota Land Development Code /8/2016

309 Article 9: Definitions Fresnel Zone (WET) An area within the pattern of electromagnetic radiation that is created by a transmitting station from its antenna to receiving antennas. Frontage, Building The length of an enclosed building facing a public or private street. When a business does not front a public right-of-way, the city planner shall designate the building frontage. In structures with more than one business, the frontage of each business shall be calculated separately in determining its sign area (See Figure 6-1). Frontage, Street The distance for which the front boundary line of the lot and the street line are coincident (See Figure 9-1. Figure 9-1: 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 Land Development Code City of Northfield, Minnesota 3/8/2016

310 Article 9: Definitions Community Solar Garden A solar electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off site from the location of the solar energy system, under the provisions of Minnesota Statutes 216B.1641 or successor statute. Grid Street Pattern A network of parallel and perpendicular streets intersecting at approximately 90-degree angles, forming rectangular blocks of land (See Figure 9-2). Figure 9-2: Illustration of Grid Street Pattern Grid Street Pattern, Modified A network of streets that is similar to a grid street pattern, except that it uses a combination of T intersections and crossroad intersection producing an irregular grid with a large amount of variety. These modifications may incorporate curves or offsets in roadways, diagonally directed streets and similar features that take advantage of focal points and terminal vistas. 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 9-4). Figure 9-3: Illustration of a Modified Grid Street Pattern City of Northfield, Minnesota Land Development Code /8/2016

311 Article 9: Definitions 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. Ground Mounted Solar Energy System A freestanding solar energy system mounted directly to the ground using a rack or pole rather than being mounted on a building. 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. 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. 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 Land Development Code City of Northfield, Minnesota 3/8/2016

312 Article 9: Definitions 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 3.3.4, 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 3.3.4, 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 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. 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. City of Northfield, Minnesota Land Development Code /8/2016

313 Article 9: Definitions Lot A parcel of land designated by metes and bounds, plat, registered land survey, auditor's plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease, or separation thereof. Lot Area The total area within the lot lines, excluding dedicated public rights-of-way. Lot Coverage That portion of a lot that is covered by the principal and accessory building, structures, and surfaces that prevent the passage or absorption of stormwater including paving, driveways, and other impervious surfaces. Lot Depth The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot Line A line of record bounding a lot that divides one lot from another lot, a public right-of-way or any other public or private space. Lot line may also be called a property line. Lot Line, Front That boundary of a lot which abuts an existing or dedicated public street, and for a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the city. Lot Line, Rear That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot line, Side Any lot line other than a front or rear lot line. Lot of Record Any lot which is one unit of a plat designated by metes and bounds, registered land survey, auditor's plot, or other accepted means and separated from other parcels or portions of the description for the purpose of sale, lease or separation thereof that has been recorded in the office of the county recorder prior to the effective date of 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 9-4) Land Development Code City of Northfield, Minnesota 3/8/2016

314 Article 9: 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 9-4) Figure 9-4: 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 6-4). Lot, Interior A lot that has a single street frontage, a rear lot line, and at least two side lot lines (See Figure 6-4). 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 6-4). 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. Luminaire 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. Luminaire shall not include the light pole used to support the luminaire. Manufactured Home A dwelling unit within the FP-O District 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." For areas outside the FP-O District Manufactured Home shall be as specifically defined in Minn. Stat , subd. 6. City of Northfield, Minnesota Land Development Code /8/2016

315 Article 9: Definitions 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 , Subd. 3). 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. Microbrewery A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on-sale and off-sale alcohol in compliance with Minn. Stat. 340A.26. Microdistillery A distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year and licensed under Minn. Stat. 340A.22. 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 , 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 Land Development Code City of Northfield, Minnesota 3/8/2016

316 Article 9: Definitions Mobile Home See definition of Manufactured Home. Modular Home A structure not built on-site, but which is placed on a permanent foundation and meets the state building code standards. Monopole A wireless communication facility which consists of a monopole 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. Nude or Specified Anatomical Areas The showing of the human male or male genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola; or Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 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. Off-Grid Solar Energy System A solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. 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 Land Development Code /8/2016

317 Article 9: 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. Parapet Façade Plane Shall be the front face of the parapet. 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 Land Development Code City of Northfield, Minnesota 3/8/2016

318 Article 9: Definitions 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. Pre-application 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 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. City of Northfield, Minnesota Land Development Code /8/2016

319 Article 9: Definitions Recreational Vehicle A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this division, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. Regional Flood A flood that is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Registered Land Survey A survey map of registered land designed to simplify a complicated metes and bounds description, designating the land into a tract of a registered land survey number. Regulatory Flood Protection Elevation An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Related Equipment All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include but is not limited to cable, conduit and connectors. Renewable Energy System A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window. 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. 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. 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) Land Development Code City of Northfield, Minnesota 3/8/2016

320 Article 9: Definitions 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. Shoreland Land located within the following distances from public waters: 1,000 feet from the ordinary high water mark of a lake, pond or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances and when approved by the commissioner of natural resources. Sidewalk A pedestrian walkway within a right-of-way of a public street but not on the street surface. Sign Any letter, figure, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise and painted, printed, or constructed and displayed in any manner whatsoever out-ofdoors 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 6.4, 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. City of Northfield, Minnesota Land Development Code /8/2016

321 Article 9: Definitions 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. 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 Land Development Code City of Northfield, Minnesota 3/8/2016

322 Article 9: Definitions Sign, Pylon A sign erected upon freestanding shafts, posts, or similar material where no portion of the sign is less than eight feet above the ground. Sign, Roof Any sign erected or constructed as an integral or essentially integral part of a normal roof structure, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space more than six inches. Sign, Sidewalk A temporary sign that can be placed on the sidewalk to advertise for the applicable property and is removed on a daily basis. Sign, Snipe A sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects and which is located within the public right-of-way. Sign, Temporary A banner, pennant, poster, or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard, inflatable device, or other like materials that identify symbols or messages related to the use or event, and intended to be displayed for a limited period of time. Sign, Wall A sign affixed directly to, painted on, or otherwise inscribed on an exterior wall and confined within the limits thereof of any building. Sign, Window A sign that is applied or attached to the interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window. 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 Access A view of the sun, from any point on the collector surface, that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. Solar Collector A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. City of Northfield, Minnesota Land Development Code /8/2016

323 Article 9: Definitions Solar Collector Surface Any part of a solar collector that absorbs solar energy for use in the collector s energy transformation process. Collector surface does not include frames, supports and mounting hardware. Solar Energy Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System A device for converting sunlight into electricity. Solar Energy System, Passive A system that converts sunlight into heat without transforming it to electricity. Solar Energy System Removal Costs The estimated costs, as approved by the city engineer, that will be incurred to decommission and remove all components of a solar energy system from the real property on which it is constructed. Specified Sexual Activities Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast(s); or Excretory functions as part of or in connection with any of the activities set forth in (1) and (2) above. 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 under-floor 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 5.2.3, 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 Land Development Code City of Northfield, Minnesota 3/8/2016

324 Article 9: Definitions Street, Private A street serving as vehicular access to one or more parcels of land and which is not dedicated to the public but is owned and serviced by one or more private parties. Street, Side Shall mean the secondary (by volume and/or size) street at intersections. Structural Alteration Any change, other than incidental repairs, which would prolong or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations. Structure Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 4.1.9(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 longterm leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial or other use or any combination thereof, except those separations: Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses. Creating cemetery lots. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary. Substantial Damage Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. City of Northfield, Minnesota Land Development Code /8/2016

325 Article 9: Definitions Substantial Improvement Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local city planner and 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 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 semitractor 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 Land Development Code City of Northfield, Minnesota 3/8/2016

326 Article 9: Definitions Tower A vertical structure that supports the electrical generator, rotor, and blades, of a wind energy conversion system, or the meteorological equipment. 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 8.5.9, 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. City of Northfield, Minnesota Land Development Code /8/2016

327 Article 9: Definitions Use, Principal The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. Use, Temporary A use that may be permitted for a specified period of time. Temporary uses may require a Temporary Use Permit in compliance with Section 2.11, Temporary Uses and Structures, and may be subject to additional building and zoning requirements. Variance A modification or variation of the requirements of this LDC, authorized by the zoning board of appeals, in accordance with Section , 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 Conversion System (WECS) An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, and substations that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid. Wind Energy Conversion System, Commercial A WECS of equal to or greater than 100 kw in total nameplate generating capacity. Wind Energy Conversion System, Micro A wind energy conversion system of 2 kw nameplate generating capacity or less. Wind Energy Conversion System, Non-Commercial A WECS of less than 100kW and greater than 2kW in total nameplate generating capacity. 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. 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 Land Development Code City of Northfield, Minnesota 3/8/2016

328 Article 9: Definitions 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 , 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 Land Development Code /8/2016

329 Article 10: Appendix A

330 Article 10: APPENDIX A

331 Article 10: APPENDIX A

332 Article 10: APPENDIX A