HomeMy WebLinkAbout2022-10-13 PCPPLANNING COMMISSION
CITY OF BROOKLYN CENTER
REGULAR MEETING
OCTOBER 13, 2022
Optional public access to the Webex meeting is below:
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Meeting Number (Access Code): 2461 808 7448
Passcode: BCPC10132022
1.Call to Order – 7 p.m.
2.Roll Call
3.Approval of Agenda
a.Motion to Approve Planning Commission Meeting Agenda for October 13, 2022
4.Approval of Minutes
a.Motion to Approve June 23, 2022 Meeting Minutes
5.Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to hold
public hearings. In the matters concerned in these hearings, the Commission makes
recommendations to the City Council. The City Council makes all final decisions in these matters.
6.Planning Items
a.Unified Development Ordinance (PUBLIC HEARING)
Summary: The City’s Zoning Code has not been meaningfully updated since the 1960s.
In 2019, the City adopted the 2040 Comprehensive Plan and embarked on a major
overhaul of the City’s current zoning (Chapter 35), sign (Chapter 34), and platting
(Chapter 15) codes with consultant Bolton & Menk, as they present significant barriers,
difficulties, and confusions in their ease of use and overall accessibility for not only city
staff, but residents, business owners, and prospective developer. Further, these
chapters are out of compliance with state law, opening the City up to legal risks. City
staff has worked with Bolton & Menk to merge the three chapters into one, unified
document (Unified Development Ordinance).
7.Discussion Items
a.City Council Meeting Re-cap
b.Upcoming Planning Commission Meetings
8.Adjournment
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
JUNE 23, 2022
1.CALL TO ORDER
The Planning Commission meeting was called to order by Vice Chair Omari at 7:30 p.m. The
meeting was conducted in-person, with a virtual option via Webex.
2.ROLL CALL
Commissioners Paris Dunn, Kau Guannu, Stephanie Jones, and Peter Omari were present. Chair
Alexander Koenig (excused) and Commissioner Alfreda Daniels-Juasemai (unexcused) were
absent. City Planner and Zoning Administrator Ginny McIntosh and Associate Planner Olivia
Boerschinger were also present.
3.APPROVAL OF AGENDA – JUNE 23, 2022
There was a motion by Commissioner Jones, seconded by Commissioner Guannu, to approve the
agenda for the June 23, 2022 meeting as presented.
Voting on the motion: Vice Chair Omari, Commissioners Dunn, Guannu, and Jones voted aye. The
motion passed unanimously.
4.APPROVAL OF MINUTES
4a. January 13, 2022 Regular Meeting Minutes
There was a motion by Commissioner Jones, seconded by Commissioner Dunn, to approve the
minutes of the January 13, 2022 meeting as presented.
Voting on the motion: Vice Chair Omari, Commissioners Dunn, Guannu, and Jones voted aye. The
motion passed unanimously.
5.CHAIR’S EXPLANATION
Vice Chair Omari explained the Planning Commission’s role as an advisory body. One of the
Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
6.PLANNING APPLICATION ITEMS
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6a. Planning Commission Application No. 2022-004 (PUBLIC HEARING)
Applicant: Scannell Properties (on behalf of Transformco)
Property Owner: Sears, Roebuck & Company
Property Address: 1297 Shingle Creek Crossing (PID 03-118 -21-44-0026)
Summary: The Applicant is requesting review and consideration of a
proposal to the re-plat and re-develop the approximately 15-
acre former Sears site, located at 1297 Shingle Creek
Crossing. With the closure of Sears and the adjacent Sears
Auto Center in late 2018, the Applicant is proposing the
construction of two business park buildings totally 230,000-
square feet and related site improvements.
City Planner Ginny McIntosh reviewed a request by Scannell Properties, Inc. on behalf of
Transformco for consideration of a proposal that would allow for the re-plat and redevelopment of
the former Sears site, which is approximately 15 acres and located at 1297 Shingle Creek Crossing.
The proposal includes two business park-type buildings and related site improvements.
Ms. McIntosh stated Sears was in operation from 1962 until 2018, and is the last remaining
remnant of the Brookdale Mall. In late 2020, Sears initiated a formal process to solicit offers from
private parties to develop the property. The applicant conducted its own market analysis and
worked with local brokers to identify a feasible re-use for the property. Following a Request for
Proposals (RFP) in late 2020, a redevelopment partner, Scannell Properties, Inc. was selected.
Ms. McIntosh noted since their respective closures, both buildings have had water main breaks,
and a major break at the Sears Auto Center in 2019 required issuance of a pumping discharge
permit from the Minnesota Pollution Control Agency (MPCA), and water sampling to be
conducted for contaminants. Despite the parking lots and entrances having barriers in place, City
Staff regularly conduct checks on the buildings due to numerous dumpings and break-ins, which
require the buildings to be swept due to life, health, and safety concerns, and re-secured.
Ms. McIntosh explained on April 28, 2021, City Council authorized an application to the
Metropolitan Council’s Tax Base Revitalization Account (TBRA) for funding to assist with the
environmental remediation of the property; however, said application did not move forward in the
funding process. A subsequent application to the Environmental Response Fund (ERF) was
submitted to Hennepin County in the amount of $163,000, which was awarded for assistance in
preparing a Phase I Environmental Site Assessment (ESA), a Phase II ESA, a Response Action
Plan, associated consulting activities, and any associated Minnesota Pollution Control Agency
(MPCA) fees. Scannell Properties, who specializes primarily in light industrial and commercial
business center-type products, subsequently conducted due diligence on the property, including an
environmental assessment. As part of this assessment, it was determined there was significant
asbestos present that would require remediation prior to any demolition.
Ms. McIntosh added a concept review was held with City Council on May 24, 2021, with a follow-
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up review occurring on November 22, 2021. It was during these reviews that City Council was
presented with a proposal to re-develop the Subject Property with a speculative light-industrial and
office use. During the May concept review, City Council provided feedback on the initial concept
plan, of which included requests to provide a greater mix of uses, a site layout and design that adds
value to the adjacent Shingle Creek Crossing shopping center, and an overall high finish level on
the buildings, with four-sided architecture, and a focus on enhancing the Highway 100 frontage.
Ms. McIntosh showed photos of the existing conditions.
Ms. McIntosh stated as proposed, the Applicant intends to re-plat the Subject Property to satisfy
lending requirements for separate entities for each building. The existing Registered Land Survey
No. 0936, which encompasses the former Sears Department Store, Sears Auto Center, and site
improvements, would therefore be re-platted to accommodate the two proposed buildings as Lot
1, Block 1 (approximately 8.07 acres and encompassing Building A of approximately 110,000-
square feet), and Lot 2, Block 1 (approximately 7.19 acres and encompassing Building B of
approximately 120,000-square feet).
Ms. McIntosh explained although the buildings would be located on separate lots, their access
points, truck court, and select site improvements would be would be shared. The proposed
redevelopment would also require shared access agreements with the adjacent Shingle Creek
Crossing, given that their proposed off access off 55th Avenue North and along the frontage road
running parallel to Highway 100 runs through the Shingle Creek Crossing development.
Ms. McIntosh noted City Staff conducted a review of the submitted preliminary and final plat
against City Code requirements, and specifically Section 15 (Platting) of the City Code of
Ordinances and indicated that a 10-foot drainage and utility easement would need dedication on
the plat around the entire perimeter of the Subject Property. All proposed utilities and stormwater
management facilities will need to be constructed within this easement and an additional utility
easement would need to be dedicated on the plat for any private water main and sanitary lines to
account for future maintenance access and per the Utility Facilities Easement Agreement, which
will also be required as a condition of approval.
Ms. McIntosh stated as noted in the redlines provided by City Staff, the Applicant will need to
revise the submitted final plat to account for missing drainage and utility easements, missing
square footage totals for each proposed lot, as required under Section 15-105.B.b.1, and address
minor comments regarding the locations of certain symbology and bearings.
Ms. McIntosh added a comprehensive plan amendment is required anytime a community changes
any part of a municipality’s adopted comprehensive plan, including, but not limited to changes
resulting from neighborhood or small area planning activities, land use changes to allow a
proposed development, proposed forecast changes to proposed MUSA (Metropolitan Urban
Service Area) changes in service or staging, text changes to revise a policy or land use category,
routine updates to incorporate new information or update a public facilities agreement. These
requests are ultimately submitted to the Metropolitan Council for review and final approval;
however, they require a recommendation from the local planning body, and local governing body
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authorization for the amendment. In certain cases, an adjacent jurisdictional review is also required
to allow for other affected municipalities and districts to weigh in on any potential impacts.
Ms. McIntosh stated the property currently has a future land use designation of Transit- Oriented
Development (TOD), which allows for a range of 31.01 to 130 dwelling units per acre, and is a
new land use designation under the 2040 Comprehensive Plan. The request is to re-designate the
Subject Property to Business Mixed-Use (B-MU), which is also a new land use designation that
guides for a mix of business, light industrial, and supporting retail or service uses, and is intended
to create a more dynamic and connected experience for potential workers in these areas.
Ms. McIntosh pointed out during the undertaking of the 2040 Comprehensive Plan, the Subject
Property was still in operation as a Sears department store and auto center. The aforementioned
businesses closed well into the updating of the City’s Comprehensive Plan and given that the
properties had continuously operated since 1962, ownership had provided no clear direction as to
their potential re-use, and a market study had not yet been completed, the City guided the Subject
Property to TOD given its proximity to a Bus Rapid Transit stop, and its ability to offer a broad
mix of land use options, with a minimum of 75-percent of this designation slated for high- density
residential use, and the remaining 25-percent slated for supporting retail, office, and commercial
uses. Although the Subject Property was in transition during this process, the 2040 Comprehensive
Plan denotes the Subject Property as a “potential area of change.”
Ms. McIntosh stated the 2040 Comprehensive Plan recognized that not all of the properties guided
under the TOD designation would be appropriate housing sites, and indicated that other areas, such
as the City’s Opportunity Site, would likely take the bulk of housing needs; whereas other sites
located around Xerxes and Brooklyn Boulevard would be more accommodating and capable of
providing commercial uses and a jobs base.
Ms. McIntosh noted it is hoped that a re-designation to B-MU would address the 2040
Comprehensive Plan’s goal of creating a vibrant business center via the creation of experience and
by promoting and encouraging businesses, commercial users, retailers, and in some cases,
households, to plan for interconnected systems that result in a more active and vibrant center.
Given that the adjacent Shingle Creek Crossing development has yet to fully build-out, it is also
hoped that the draw of additional jobs and activity to the Subject Property would create the
additional energy and traffic needed to develop the remaining Shingle Creek Crossing Lots.
Ms. McIntosh explained overlay districts generally apply an extra level of regulations or
development criteria above the standard underlying zoning district. The Central Commerce
Overlay District is an area roughly bounded by I-694 on the north, Highway 100 on the south and
east, Brooklyn Boulevard on the west, and Shingle Creek on the north, and includes a specific list
of permitted and prohibited uses.
Ms. McIntosh noted in July 2018, and with the closure of the Sears Department Store imminent,
City Council adopted an interim ordinance to authorize a study and place a moratorium on the
Subject Property, as it was the last remaining remnant of the former Brookdale Mall and had been
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excluded from the master planning activities that took place as part of the Shingle Creek Crossing
redevelopment. It was during this moratorium that City Staff reviewed the existing Zoning Code
and suggested several amendments to the Central Commerce Overlay District to remove the least
desirable uses from being permitted within the Central Commerce Overlay District. A work
session was held by City Council in July 2019 to further address a potential land use study of the
Subject Property and moratorium, and in August 2019, City Staff brought forth amended language
that clarified permitted and prohibited uses under Section 35-2240 (CC Central Commerce
Overlay District), which were subsequently approved by City Council.
Ms. McIntosh stated the Applicant is requesting an amendment to the Zoning Code and associated
map to remove the Subject Property from the Central Commerce Overlay District, and whose uses
are outlined in Section 35-2240 (CC Central Commerce Overlay District), as the proposed usage
is not explicitly outlined as either a permitted or prohibited use. As the development proposal is
speculative in nature, City Staff has worked with the applicant to put parameters on the flexibilities
that would be granted under this proposal, specifically, that limits be placed on the industrial/
warehouse usage of the property, and that no outdoor storage be permitted.
Ms. McIntosh noted City Staff feels that these requests are in keeping with the intent of the
amendments approved in 2019 by City Council, which placed additional prohibitions on auto
repair establishment, gas stations, truck and trailer rental establishments, and indoor storage
establishments. The Central Commerce Overlay District has long held prohibitions on standalone
sauna and massage establishments, currency exchanges, pawn shops, and secondhand goods
dealers. As part of the ongoing Zoning Code update, the Central Commerce Overlay District is
slated for removal; however, as that work is not yet complete, the submitted proposal requests the
removal of this property from the Overlay District.
In 2019, a similar request was made and approved by City Council as part of the redevelopment
of the former Jerry’ s Foods site (5801 and 5803 Xerxes Avenue North) into a combined 270-units
of housing across two multi- family residential buildings, now known as Sonder House and Sonder
Pointe, and approval of the Crest Apartments expansion in 2021 (6221 Shingle Creek Parkway)
required removal from the Overlay District as well.
Ms. McIntosh stated Planned Unit Developments (PUD) allow for flexibility in the Zoning Code
for developments that would not be allowed under existing regulations. PUDs are often used to
achieve higher quality development or achieve other City goals in exchange for zoning flexibility
under City Code. Given that the major update to the City Zoning Code is currently underway and
changes to districts are anticipated in order to align with the 2040 Comprehensive Plan, the request
would be to re-zone following guidance from the 2040 Comprehensive Plan future land use
designations for the Subject Property. This allows for flexibility within the Zoning Code for
developments which are either not defined or outlined as a use under the existing regulations.
PUDs are often used to achieve a higher quality development, or achieve other City goals, in
exchange for zoning flexibility from the City Code.
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Ms. McIntosh explained PUDs may only contain uses consistent with the City’ s Comprehensive
Plan and the uniqueness of each PUD requires that specifications and standards for streets, utilities,
public facilities, and the approval of a land subdivision may be subject to modifications from the
City ordinances generally governing them. Essentially, the City Council may approve plans that
are not in compliance with the usual specifications or ordinance requirements where it is found
that such are not required in the interests of residents or the City, although plans shall comply with
all watershed, state, and federal storm water, erosion control, and wetlands requirements.
Ms. McIntosh stated as proposed, the request would be to re-zone from PUD/C-2 (Planned Unit
Development/Commerce) District to a new PUD with an underlying Business Mixed-Use
designation (PUD/ MX-B). Official Zoning Map records indicate that the Subject Property was
zoned B-2 (Regional Business District) in 1961, but later zoning map records indicate that the
property was designated as a C-2 (Commerce) District property by 1972.
Ms. McIntosh noted in 1999, the City approved the establishment of a Planned Unit Development
(PUD), which comprehended, “new site and building plan approvals for the expansion,
redevelopment, and rejuvenation of the Brookdale Regional Shopping Center,” and certain
variations to allow for reduced green strips, non-major thoroughfare setbacks, parking dimensional
standards, parking ratios, and increases in allowable restaurant use and freestanding signage.
Ms. McIntosh added in 2011, the City approved City Council Resolution No. 2011-128 (Exhibit
D), which approved an amendment to the 1999 Brookdale Regional Shopping Center Mall PUD
redevelopment plans the Subject Property had been subject to, and in response to recent City
approvals for the Shingle Creek Crossing Planned Unit Development, as approved under City
Council Resolution No. 2011-85. The aforementioned amendment in 2011 allowed for certain
parking ratio reductions, a reduction in the drive aisle parking widths, and a zero-lot line setback
along certain portions of the Subject Property.
Ms. McIntosh pointed out the plans submitted and as contemplated under Planning Commission
Application No. 2022- 004 would require certain flexibilities to account for the speculative nature
of the two proposed business park type buildings. The current Zoning Code does not contemplate
speculative uses; therefore, establishment of a Planned Unit Development is requested to provide
parameters in granting these flexibilities. Similar examples of light industrial type developments
in Brooklyn Center include the PUDs established to allow for the redevelopment of lands off
France Avenue North and Highway 100 (i.e. 4001 Lakebreeze Avenue North), and a PUD
established in 1995 for a speculative business park development constructed in the 1980s off
Parkway Circle and Shingle Creek Parkway (e.g. 6601 Shingle Creek Parkway), which required
certain common parking allocations between buildings and access.
Ms. McIntosh stated the City has requested that a minimum of 20-percent finished space be
accommodated within the development, with the remaining (maximum) 80-percent for industrial-
warehouse use. The Applicant indicated an openness in maintaining this split of use; however,
requested that the 20-percent use be set for “non-warehouse uses.” The Applicant indicated that
the language noted below was used during the approval process for another project in Arden Hills
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to define “non warehouse uses” and proposes to utilize the same language for this request.
Warehousing and wholesaling shall not exceed 80 percent of the total floor area. The remaining
20 percent of the total floor area shall be non-warehouse uses such as a combination of uses
including, but not limited to, office, manufacturing, production, research and development, lab
and/ or showroom.”
Ms. McIntosh showed a table with proposed setbacks for the site. As proposed, primary site access
would be gained from an existing drive off 55th Avenue North and Xerxes Avenue North on the
west, with connections to the surrounding access drives shared with adjacent Shingle Creek
Crossing properties. The truck route would be accessible inbound from the north and south
entrance points within Shingle Creek Crossing; however, trucks would need to exit the Subject
Property via the south access road, which continues up towards Shingle Creek Parkway and Bass
Lake Road (County Road 10). This is the same access road utilized by trucks making deliveries
to the adjacent Walmart (1200 Shingle Creek Parkway).
Ms. McIntosh explained primary truck access would be gained along the south portion of the
Subject Property utilizing an extension of the access road running parallel to Highway 100 and up
to Shingle Creek Parkway and Bass Lake Road (County Road 10). The Applicant indicates that
while the western drive would be maintained, signage would be installed, and the drive aisles
narrow so as to minimize the likelihood of truck drivers traversing through the western drive aisle
towards Xerxes Avenue North (Building A).
Ms. McIntosh noted the main access entry off Xerxes Avenue North (55th Avenue North) was
modified to provide one in-bound lane, which would enter a “ T” intersection internal to the
Subject Property. The Applicant has indicated that they have been in communication with the
Shingle Creek Crossing property owner (Gatlin Development Company) regarding their proposed
easement parking lot of 18 spaces, access, and site improvements.
Ms. McIntosh stated City Staff requests that as part of any approvals, the Applicant submit detailed
vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks to
demonstrate specific and actual routes. It is also requested that truck traffic be concentrated along
the south access road when possible and directional signage provided so as to minimize truck
traffic along the north and west drives, and particularly as the drive aisle widths and turns do not
appear conducive to truck traffic.
Ms. McIntosh added City Staff has also set an expectation that conflicts between pedestrians and
vehicular traffic along the north drive be minimized through utilization of this south access road.
As the project engineer (Kimley-Horn) has also designed and maintained the Planned Unit
Development master plans for the adjacent Shingle Creek Crossing, it was noted that the proposed
truck access routing would maintain consistency with the Shingle Creek Crossing (SCC) Delivery
Circulation Exhibit provided in the master plan set.
Ms. McIntosh noted the Applicant submitted a full civil plan set, including site plans and a traffic
generation memo, prepared by Kimley-Horn, and last revised June 9, 2022. Per City Staff request,
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the original traffic generation memo provided, which solely reflected an industrial use, was revised
to reflect 80-percent industrial and 20-percent office use. City Staff reviewed the aforementioned
memo and deemed it acceptable; however, the Applicant will need to meet any and all requirements
as outlined in the reviews conducted by the Minnesota Department of Transportation and Hennepin
County.
Ms. McIntosh stated Hennepin County provided feedback to City Staff following reviews with
their plat review committee representatives from traffic operations and bicycle and pedestrian
planning. They anticipate minimal impacts to Brooklyn Boulevard (CSAH 152), despite
additional morning peak hour trips, as the change in use from department store and automobile
parts and service center to industrial and office would create an overall reduction in trips.
Ms. McIntosh stated MnDOT initially prepared a memo in March 2022 and requested that a Traffic
Impact Study be completed to accurately evaluate impacts to the trunk highway system. City Staff
reviewed the submitted overall site plan, identified as Sheet C300, with the assumption of 80-
percent industrial and 20-percent non-warehouse use (i.e. “office” for the purposes of calculating
minimum parking). Similar stipulations were placed on approval of Planning Commission
Application No. 2021-006, which was approved for the redevelopment of a former bowling alley
located at 6440 James Circle North for an approximately 64,000-square foot business-flex building
adjacent to existing hotels, office, and restaurants, and also located in a proposed area of
redevelopment under the 2040 Comprehensive Plan.
Ms. McIntosh explained assuming this, a minimum of 368 parking spaces would be required on
the Subject Property. As proposed, the Applicant has provided 357 parking spaces, with an
additional 18 parking spaces proposed as part of an easement that would be located on the Shingle
Creek Crossing development. The Applicant would need to work with the adjacent property owner
(Gatlin Development Company) to obtain any necessary parking and access easements. The
Applicant has indicated that the parking counts presented are consistent with those typically
provided for a similar development of this size.
Ms. McIntosh stated in reviewing the proposed loading berths and truck court, the submitted plans
comply with the minimum berth requirements as outlined in Section 35-600 (Off Street Loading),
as a minimum of 4 berths would be required for buildings ranging between 100,000 and 250,000-
square feet. The berths would be located more than the minimum 25 feet from any right-of-way
intersections, and would be located outside of any required yards. Dimension-wise, the first berth
required shall not be less than 12 feet in width and 50 feet in length, with additional berths
providing at least 12 feet in width and 25 feet in length. A minimum height of 14 feet is also
required. As proposed, the submitted site plans reflect a 60-foot berth depth along each of the
respective buildings and an 80-foot wide shared drive aisle for the truck court.
Ms. McIntosh stated in terms of alternative transportation options, the Subject Property is directly
adjacent to bus stops along Xerxes Avenue North that provide BRT service. MnDOT recommended
that the Applicant contact Metro Transit to evaluate potential impacts to service given the
proximity of existing bus stops, and potential mitigative strategies pending approval of the
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proposal. As part of City Staff review, requests were made to provide additional sidewalk
connections along the north end of the Subject Property and to Shingle Creek Crossing, with
additional requests to extend certain sidewalk segments and relocate the proposed midblock
pedestrian crossing, as it is located on a curve.
Ms. McIntosh noted the Applicant also intends to complete an existing trail gap as part of the
proposal, which would provide continued routing for those utilizing Three Rivers Park District’ s
Twin Lakes and Shingle Creek Regional Trails, as well as a pedestrian bridge that crosses Highway
100 to the neighborhoods adjacent to Centerbrook Golf Course and Lions Park. The Shingle Creek
Crossing Development has an existing 18-foot trail easement with 10-foot trail running along
Highway 100, and the Applicant has proposed a continuation of this section. Per City Staff request
the applicant shall provide a trail plan and profile as part of any final development plans. Per
MnDOT comments, an existing barrier blocking the trail segment near HOM Furniture should be
removed pending approval of the proposal.
Ms. McIntosh noted City Staff provided commentary to the Applicant in March and May 2022
with regard to preferred access for semi-truck traffic utilizing the proposed loading bays and truck
court, and the Applicant revised the plan sets based on City Staff comments. As proposed, access
to the loading bays would be provided via the north drive off 55th Avenue North and utilizing an
extension to an existing access road running along the southern portion of the Subject Property,
parallel to Highway 100. City Staff worked with the Applicant through multiple plan iterations to
clean up the access and potential internal points of vehicle and pedestrian conflicts off 55th Avenue
North and the roadway extension between 55th Avenue North and the Shingle Creek Crossing
development. Although a north and west access is maintained off the proposed truck court, the
Applicant has indicated installation of “No Trucks” signage on the submitted plans so as to route
exiting trucks to the south.
Ms. McIntosh stated as proposed, the submitted site plans indicate 24-foot wide drive aisles
throughout the north parking lots, which is the minimum width required to allow for two-way
traffic. The parking area just south and west of Building A (110,000-square feet) indicates a
tapering of drive aisle widths from 27 feet down to 25 feet, while the drive aisle just south of
Building B (120,000-square feet) is noted at 30-feet in width to accommodate truck traffic, and
widths of 25 feet along the eastern edge of the building, which orients towards the west side of
Walmart. The submitted site plan also indicates typical 18-foot parking space depths and 9-foot
widths, which satisfy the City’ s minimum parking dimension requirements as outlined within the
Zoning Code.
Ms. McIntosh added the current Zoning Code notes that, “all exterior lighting shall be provided
with lenses, reflectors, or shades, so as to concentrate illumination of the property of the owner or
operator of said illumination devices.” A photometric plan was submitted with a fixture
specification schedule; however, no minimum, maximum, or average foot candle provisions are
provided. City Staff also requests the photometric plan be revised to more clearly indicate the
property lines, as the Zoning Code specifies that lighting shall not exceed three-foot candles
measured at property lines abutting residentially zoned property, or 10-foot candles measured at
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the property lines abutting the street right-of-way or non-residentially zoned properties. As is
specified, no glare shall emanate from or be visible beyond the boundaries of the illuminated
premises.
Ms. McIntosh stated the photometric plan indicates the fixtures are generally consistent with the
current Zoning Code requirements. Although it appears existing lighting will be maintained
between the northerly drive running between the Subject Property and adjacent Shingle Creek
Crossing development, City Staff requests that the Applicant work with the Property Owner of
Shingle Creek Crossing to ensure the lighting and landscaping is consistent along this segment of
transition.
Ms. McIntosh explained as the submittal is speculative in nature, no communal trash facilities were
depicted on the submitted plan sets. The Applicant did provide detailing within the submitted
landscape plans for a trash receptacle to be located at the southwest corner of Building A (110,000
square feet) and in proximity to proposed tables and benches. Pending approval of the submittal,
the Applicant shall provide details on the intended location for trash facilities, and detail sheets
with revised site plans for any exterior trash enclosures.
Ms. McIntosh stated all ground mounted equipment shall be effectively screened from adjacent
public rights-of-way and properties by a solid wall or fence constructed of wood, masonry, or other
durable materials that are complementary to the materials used on the primary building. Roof
mounted equipment shall also be screened from view through use of parapets, wall/ fencing
materials, or paint to match surrounding colors when visible from the public right-of-way.
Ms. McIntosh added as proposed, the Applicant intends to screen the shared truck court from view
of Highway 100 with a berm and landscaping and in strategic locations along the north end of the
Subject Property, and facing the western edge of Shingle Creek Crossing. Although a fence and
retaining wall are indicated on the submitted plan sets as proposed, no detailing is provided. The
Applicant shall work with City Staff as necessary to determine requirements for placement and
permitting.
Ms. McIntosh explained the City’s Architectural Design Guidelines require at least 50-percent of
each elevation of a building to be constructed of Class I materials, with the remainder constructed
of Class II materials. An elevation by elevation breakdown of Class I and Class II building
materials was provided by the Applicant per City Staff request.
Ms. McIntosh noted as proposed, both buildings would be designed with similar materials
comprised of pre-cast concrete panels textured with stucco texture, a wood-look fiber cement, and
aluminum composite material panels. As proposed, the majority composition of each building
elevation is glass and pre-cast concrete, which are considered to be Class I building materials under
the City’ s Architectural Guidelines; therefore, the minimum thresholds are met. Nichiha, which is
indicated as a Class II material on the submitted architectural plans, has been determined in past
projects to be a Class I type building material.
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Ms. McIntosh explained City Staff provided feedback to the Applicant in March and May 2022,
and it was requested that the Applicant provide enhanced architectural façade treatments along
Highway 100, Building A’s northwest corner, Building B’s northeast corner, and overall increased
articulation and glazing for visual interest. City Staff indicated that while the requests would
ultimately re-zone the Subject Property to accommodate the use, the Applicant should think
creatively for ways to complement the adjacent retail use.
Ms. McIntosh pointed out City Staff has worked with the Applicant on a few iterations of the site
plan and indicated early on that the Applicant should maintain the building line currently in
existence today with Buildings 1 through 5 of the Shingle Creek Crossing development. Through
discussions with the Applicant it was determined that it would be infeasible to bring the building
up to the same exact build line due to impacts to the overall provided square footage of each
building, and site constraints to parking and drive aisles given the north-south orientation of the
proposed buildings.
Ms. McIntosh added as part of this submittal, the Applicant indicated revisions to the architectural
plans to provide an expanded entry features on the north and south elevations, and the addition of
reveals and adjustments to the glass pattern between entrances along the front of the building. The
applicant has indicated that the proposed buildings would have clear heights of 28-feet to attract
businesses in need of modern, Class A space. The overall height of the proposed buildings from
ground level to the top-most parapet is proposed at just under 35.5 feet. This height is similar to
the adjacent Walmart, whose ground level to parapet heights are at approximately 31.5 feet.
Ms. McIntosh stated the project submittal includes a landscape plan and planting schedule.
Although City Code does not have any specific requirements on the species of landscaping, the
City has operated under and held new and redeveloped areas to complying with the City’ s adopted
Landscape Point System policy, which assigns points to a given site based on the acreage and type
of development. In discussions with the Applicant, and in consideration of the draft landscaping
requirements outlined within the City’s draft Unified Development Ordinance (UDO), City Staff
requested that the Applicant explore opportunities to diversify the landscaping and provide native
and resilient plant types when possible.
Ms. McIntosh explained the Landscape Point System outlines requirements for uses such as “light
industrial,” “heavy industrial,” and “office/ industrial,” and requires a specific amount or number
of landscaping units based on the maximum percentage of certain. As the Applicant is requesting
PUD and re-zoning approvals, an amendment to re-designate the Subject Property under the 2040
Comprehensive Plan, and provided the Subject Property’s adjacency to a retail shopping center,
City Staff calculated the landscaping assuming the “Office/ Industrial” use. It should be noted that
the Overall Landscaping Plan clearly indicates an assumption of “Light Industrial,” which has
lesser requirements for landscaping. Assuming an approximately 15-acre site, the Subject Property
would have to accrue 990 points.
Ms. McIntosh noted based on a review of the submitted Landscape Plan, dated May 24, 2022, the
plan is deficient by 75 points. The Applicant could easily fulfill this gap by providing any
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combination of the above planting types, as none of the maximum points have yet been met. The
Applicant will need to ensure all plantings meet minimum sizing requirements, as outlined above
in Table 3. As part of any construction set submittals, a copy of an irrigation plan drawing will be
required for review and approval, and an irrigation system maintained on-site.
Ms. McIntosh stated per City Staff comments addressed in the memorandum provided by the City
Engineer Mike Albers, dated June 17, 2022, and the supplemental redlined civil set, the Applicant
should ensure adequate Clearview Triangles are provided at all street intersections per City Code
Section 25-802, and the Applicant should verify the placement of trees and other landscaping
within proximity to proposed utilities. The Applicant should consider stepping certain landscaping
back at and near intersections and pedestrian crossings to provide adequate visibility for both
motorists and pedestrians.
Ms. McIntosh pointed out no specific signage requests were made regarding new or revised
signage for the Subject Property, and as the proposal is speculative in nature, none were anticipated
at time of submittal. The City is currently underway with an update to multiple City codes,
including the Sign Code. Any signage will need to comply with the allowances as outlined in the
adopted City signage regulations at time of submittal, and the Applicant will need to apply for and
receive issuance of a sign permit prior to any installation.
Ms. McIntosh explained Mike Albers, City Engineer, reviewed the plans and provided a
memorandum, dated June 17, 2022. Most of the comments pertain to the need for plan corrections
and additional details relating to stormwater, sanitary sewer, watermains and hydrants, roads, trails,
and sidewalks, and traffic. An MPCA NPDES permit is required as the total disturbed area would
exceed one acre, and a Construction Management Plan and Agreement, and Utility Facilities
Easement Agreement shall be submitted to the City in advance of any permit release. The
Applicant will also require a watershed plan review and conform to watershed rules. It should be
noted that the Watershed Commission project review is currently underway.
Ms. McIntosh added a stormwater report, completed by Kimley-Horn, dated February 11, 2022,
and revised May 24, 2022, and a copy of the traffic memo, last revised June 9, 2022, were provided
as part of the submittal.
Ms. McIntosh noted Building Official Dan Grinsteinner conducted a cursory review of the
submitted plan sets and provided a memorandum dated June 21, 2022. Pending approval of the
requests, the Applicant will need to submit full construction plans, including but not limited to:
architectural, structural, mechanical, plumbing, electrical, civil, landscaping, and photometric
plans to the City for review. A fire sprinkler and monitoring system is required for installation and
is to be maintained at all times, and sufficient fire hydrants shall be provided.
Ms. McIntosh stated the Applicant will also need to meet any minimum ADA requirements with
regard to the building and site improvements, and prior to issuance of any building permits, a SAC
determination shall be submitted to the Metropolitan Council and any associated fees shall be paid
at time of permit issuance. All building plans are subject to review and approval by the Building
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Official with respect to applicable codes prior to the issuance of permits. City Staff requests that
as part of any construction set review, a CPTED (Crime Prevention through Environmental
Design) review be completed by City Staff.
Ms. McIntosh added the submitted plan sets were forwarded on to contacts at Hennepin County,
the Minnesota Department of Transportation (MnDOT), and the Watershed Commission review.
Any approval of Planning Commission Application No. 2022-004 is subject to the Applicant
complying with any requested revisions or recommendations as outlined by the aforementioned
authorities.
Ms. McIntosh offered to answer any questions.
Commissioner Dunn asked if there will be other establishments that will go into the new building.
Ms. McIntosh explained the uses are outlined in the resolution. There are proportions of
designated uses. Ms. McIntosh read from the resolution an exact definition of the use options. No
more than 80- percent could be industrial use. The remaining 20 percent could be for a number of
uses included an office use. Commissioner Dunn explained he would like to see an option for a
commercial kitchen use for food trucks to access.
Commissioner Guannu asked how many other developments in other cities have been so close to
a shopping center. Vice Chair Omari suggested they open the floor to public comment before more
questions are asked.
OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2022-004
There was a motion by Commissioner Jones, seconded by Commissioner Dunn to open the public
hearing on Application No. 2022-004.
Voting on the motion Vice Chair Omari, Commissioners Dunn, Guannu, and Jones voted aye. The
motion passed unanimously.
No one appeared to address the Planning Commission.
MOTION TO CLOSE PUBLIC COMMENTS (HEARING)
There was a motion by Vice Chair Omari, seconded by Commissioner Jones, to close the public
hearing on Application No. 2022-004.
Voting on the motion: Vice Chair Omari, Commissioners Dunn, Guannu, and Jones voted aye. The
motion passed unanimously.
Dan Salzer, representative of Scannell Properties, stated there are some areas in the Twin Cities
with similar developments such as the area with the Plymouth movie theater and store which is
surrounded by a business park. They worked to ensure pedestrian connectivity, such as with the
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trailway. Scannell Properties has done about six million square feet of product in the market and
has included a variety of different thing such as distribution facilities, medical manufacturing, or
a gymnastics company. The project is a great opportunity to grow businesses in Brooklyn Center.
Vice Chair Omari asked how the space may compete with or work with the Opportunity Site which
is nearby. Ms. McIntosh stated the proposals for the first phase of the Opportunity Site include
multi-family buildings, an event center, a daycare, and barber, and wellness suites for therapy.
There is a proposed entrepreneurial market, but there aren’t any planned industrial uses. Mr. Salzer
added it would be a great opportunity to live, work, and play in one area.
Commissioner Guannu asked if there are any planned tenants for the project. Ms. McIntosh
explained the site used to be a retail store and auto business. The proposal would include
demolition of the existing buildings and new buildings would be put up. There is speculation for
light-industrial or business park users.
Vice Chair Omari noted the Planning Commission has talked about sound and traffic concerns for
previous developments. Therefore, they are unsure of how specific they need to be with questions
for the applicant. Ms. McIntosh stated the 694 Business Center proposal for the former bowling
alley was a speculative project. In Shingle Creek Crossing, they didn’t have identified tenants for
most of the space.
Commissioner Jones asked what the overlay district would prohibit. Ms. McIntosh stated the
overlay district was put in place for Brookdale Mall to keep away less desired or seedier uses. The
intent is to take the uses and incorporate them in without need for an overlay district.
Commissioner Jones asked if removal of the overall district would allow for those businesses. Ms.
McIntosh stated they would have to pull the draft.
There was discussion for certain types of uses to be assigned to a zoning district as opposed to a
whole overlay district. Something might be permitted in a mixed-use district versus a blanket
approach of an overlay district. Ms. McIntosh discussed the nuances between PUDs, zoning
districts, and overlay districts. Commissioner Jones asked to consider certain precautions to avoid
some of the less desirable uses outlined in the current overlay district.
Ms. McIntosh stated they would establish a PUD, but the underlying use would be a business
mixed-use, which will be a new zoning district in response to the 2040 Comprehensive Plan. She
showed a table of different permitted uses for different zoning districts.
Commissioner Dunn noted the buildings on Bass Lake Road are mixed uses all the way up to
Brooklyn Boulevard. Ms. McIntosh stated those buildings are for the most part, designated C-1
or C-2 districts currently. She noted the City Attorney is reviewing the draft provisions of the
Zoning Code update. The PUD would specify requirements for no outdoor storage and the
percentage breakdown of agreed upon uses.
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Commissioner Jones asked if completion of the trail is required. Ms. McIntosh confirmed the
trailway completion would be required because it is part of the site plan. Also, there is language
that requires trails in accordance with those of the Shingle Creek Crossing development.
Vice Chair Omari asked which trail they are talking about. Ms. McIntosh stated there is a trail that
runs behind Walmart. Mr. Salzer stated the trail currently stops at the Sears site. Ms. McIntosh
stated there is currently a barrier that would be eliminated. Most people would have to go up
Xerxes to Bass Lake Road. There was a comment from MnDOT to remove the barriers as well.
The segment is also addressed in the 2040 Comprehensive Plan.
Commissioner Guannu noted there are a lot of pedestrians in the area, so polluting the site with
semi-trucks would not be a good look. Ms. McIntosh stated there is a memo that outlines what the
intensity of traffic generation was when Sears was in business. The new use would be about half
of the traffic, though there would be more semi-trucks. The Applicant will have to answer to
MnDOT or other agencies for a traffic impact study.
Mr. Salzer added one of the conditions of approval for the mix of uses would impact the traffic.
On average, the finish level is 10 to 12 percent, and the 20 percent requirement would force the
developer to attract users that have lower truck volumes. The medical manufacturing companies
typically have about two trucks per day, but the trucks still need access. The truck routing will
promote traffic to use the south access point. Currently, trucks can come in or out at the south
access point, and the north access point is only for trucks to enter.
Commissioner Guannu asked if the project has been before the public when it was originally
presented to the Council. Mr. Salzer stated they did a concept plan review with the Council, but it
did not include a public hearing. There were questions about retail, so they commissioned a study
for the highest and best use of the site. Transformco tried to find retail users, but could not, and
noted that some of the outlots at Shingle Creek Crossing are intended for retail and restaurants and
aren’t completed yet. It was determined that a business use to bring employment opportunities to
the City in proximity to retail spaces was the best.
Commissioner Guannu asked if community members came forward. Mr. Salzer explained they
presented to the Council twice, and there was a community engagement session with a few
residents who participated virtually. There was a lot of discussion about the uses, the pedestrian
accessibility, and the external look from the meetings with the Council. They have redone the
articulation and added windows in alignment with comments from the City Council.
Ms. McIntosh noted they don’t always require concept review, but City staff will sometimes
suggest for certain project proposals or in addressing particular City goals and strategies.
Commissioner Guannu asked about the studies conducted that showed retail use would be difficult,
and was there contemplation for other uses such as restaurants. Mr. Salzer stated the study looked
at all retail types. They also looked at multi-family partners, but there wasn’t interest there. Ms.
McIntosh noted that restaurant users are often regarded as the one of the highest risk type use with
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a high fail rate. She further noted that there are other industrial-flex type uses such as the Caribou
headquarters that has a retail store, and Northern Stacks in Fridley.
Ms. McIntosh added Shingle Creek Crossing has restrictions in place that are above and beyond
the what the City requires. For example, some users have agreements in place that do not allow
certain types of uses, or minimum distancing requirements within the development.
Vice Chair Omari stated the property has been sitting there for a very long time. He noted there
may be a way they can encourage the businesses employ residents.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION
NO. 2022-004 SUBMITTED BY SCANNELL PROPERTIES
There was a motion by Commissioner Jones, seconded by Commissioner Dunn to recommend
City to approve Planning Commission Resolution 2022-002 recommending that the City Council
approve (1) preliminary and final plat for the NORTH 100 BUSINESS PARK ADDITION, (2) the
submitted site and building plan, (3) re-zoning and establishment of a Planned Unit Development,
(4) an amendment to the Zoning Code and associated Map to remove the Subject Property located
at 1297 Shingle Creek Crossing from the Central Commerce Overlay District, and (5) an
amendment to the City’ s 2040 Comprehensive Plan to allow for a re-designation of the Subject
Property from Transit- Oriented Development (TOD) to Business Mixed-Use (B-MU), based on
the submitted plans and findings of fact, as amended by the Conditions of Approval in the June 23,
2022 Planning Commission Report, and subject.
Voting on the motion Vice Chair Omari, Commissioners Dunn and Jones voted aye. The motion
passed.
And the following voted against the same: Commissioner Guannu.
The motion passed 3-1.
7. DISCUSSION ITEMS
7a. Return to In-Person Meetings and Upcoming Planning Commission Meetings
Ms. McIntosh stated the meetings are back to in-person, but City staff is trying to host hybrid
meetings. However, Planning Commissioners must be present in-person to vote. There is one
open seat open currently on the Planning Commission, and it has been open for quite some time.
There must be four members present in order to meet quorum and legally call a meeting to order,
but that has been hard in recent months.
Ms. McIntosh explained she has not had to bypass the Planning Commission in her time as a
planner. She stated they had to notice the last application four times—while some of the noticing
was due to the change in forum from virtual to in-person, the additional noticing was due to failure
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to meet quorum. The Planning Commission, unlike others, has greater requirements and
heightened levels of responsibility, and addressed the issues that come with delaying project
requests.
Ms. McIntosh noted she has tried multiple methods to times that work for the most people. She
outlined what goes on behind the scenes once a Planning Commission application is submitted,
including the notices of completion, public noticing, and state statute requirements requirements
for review periods. The developers who want to build in Brooklyn Center and other applicants also
require direction and answers to their questions and timelines. The next meeting is vital because
it is the Opportunity Site and has a lot of eyes on it. Currently, Commissioner Dunn and Vice
Chair Omari cannot make it. This means that the remaining four Commissioners must be present
or a new public hearing notice will need to submitted for publication.
Commissioner Guannu stated she would be available for the July meeting, but she will not be able
to attend the August meeting.
Ms. McIntosh noted a number of the members of the Planning Commission also appeared to be up
for reappointment. Vice Chair Omari stated the public can attend virtually, but the Commissioners
cannot. He stated he would be gone from July through September and possibly other meetings.
Ms. McIntosh added they have been having to double notice in order to keep applications
advancing and within the review periods, but that is an additional cost each time a public hearing
notice is submitted.
Commissioner Jones confirmed she would be available for the July meeting. Commissioner Dunn
stated he cannot attend the July meeting.
Ms. McIntosh stated there are tight timelines for various reviews and permits to be obtained, and
especially before winter hits. Then there are additional costs incurred by builders if they have to
build in the winter.
Commissioner Jones inquired on the Opportunity Site project. Ms. McIntosh explained the
Opportunity Site will include a large packet for review and provided a summary of the first phase.
8. ADJOURNMENT
There was a motion by Commissioner Jones, seconded by Commissioner Guannu to adjourn the
Planning Commission meeting.
Voting on the motion: Vice Chair Omari, Commissioners Dunn, Guannu, and Jones voted aye. The
motion passed unanimously.
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The meeting adjourned at 9:06 p.m.
_______________________________ __________________________________
Ginny McIntosh, Secretary Peter Omari, Vice Chair
PLANNING COMMISSION MEMORANDUM
DATE: October 6, 2022
TO: City of Brooklyn Center Planning Commission
FROM: Ginny McIntosh, City Planner
SUBJECT: An Ordinance Adopting a Unified Development Ordinance and Amending the City Code
of Ordinances by Repealing Chapters 15 and 34 and Repealing and Replacing Chapter 35
(Public Hearing)
Recommendation:
It is recommended that the City of Brooklyn Center Planning Commission recommend City Council
adoption of the Unified Development Ordinance and an amendment of the City Code of Ordinances by
repealing Chapters 15 and 34 and repealing and replacing Chapter 35.
Background:
The City’s zoning code has not been meaningfully updated since the 1960s. In 2019, the City adopted the
2040 Comprehensive Plan and embarked on a major overhaul of the City’s current zoning (Chapter 35),
sign (Chapter 34), and platting (Chapter 15) codes with consultant Bolton & Menk, as these chapters
present significant barriers, difficulties, and confusions in their ease of use and overall accessibility for not
only City staff, but residents, business owners, and prospective developers as well. Further, these chapters
are out of compliance with state law, opening the City up to legal risks. City staff have worked with Bolton
& Menk to merge the three chapters into one, unified document (Unified Development Ordinance).
Over the past three years, City staff have been working through a complete overhaul of the UDO, with the
intent to:
• Align the UDO with the City’s 2040 Comprehensive Plan;
• Bring the UDO into compliance with state law, particularly with waterbody protections and
development review requirements;
• Reorganize the UDO so it is clearer and easier to use;
• Modernize regulations to ensure they meet community needs and promote equity; and
• Improve customer service and regional competitiveness
The updated UDO consists of the following components:
• Section 1: General Provisions
• Section 2: Zoning Districts
• Section 3: Overlay Districts
• Section 4: Use regulations
• Section 5: Development Standards and Incentives
• Section 6: Signs
• Section 7: Administration and Zoning Requests
• Section 8: Subdivision and Planned Unit Development
• Section 9: Definitions
Key changes to the updated UDO include:
• The consolidation of zoning districts;
• Clarifying and modernizing allowed uses within each zoning district;
PLANNING COMMISSION MEMORANDUM
• Bringing environmental preservation policies into alignment with state law; and
• Clarifying city land use approval and review policies to better support staffs’ ability to effectively
administer the UDO
City staff recognizes that no UDO is perfect, and that updating and writing land use policies is as much an
“art” as it is a technical process. The intent of the updated UDO therefore is to be a robust living, breathing
document that modernizes City land use policies, and can be further revised and evolve over time.
UDO and Equity
While drafting the UDO, City staff prioritized an equity-centered lens when considering impacts of new
land use policies within the UDO. Staff recognizes the historic connections that zoning and land use
policies have had on systemic racism and the legal separation of people and uses. Practices such as
redlining, restrictive covenants, large lot sizes, and segregating land uses are all policy examples of how
this has manifested throughout US history.
While Brooklyn Center’s land use history is not as explicit in this regard, its traditionally auto-oriented
design patterns have created issues related to job access, transportation equity, and flexibility regarding
integrated land uses.
The updated UDO therefore seeks to address equity-promotion as outlined by the 2040 Comprehensive
Plan, and as suggested from community members in the following ways:
• Creation of mixed-use districts;
• Creation of neighborhood commercial nodes;
• Organizing density around transit;
• Permitting zoning flexibility in exchange for identified goals of sustainability, housing affordability,
and affordable commercial spaces;
• Supporting multi-generational housing needs;
• Permitting and updating home-based businesses provisions; and
• Supporting more housing options and more affordable home ownership through strategies like
ADUs, duplexes, and mixed-use zoning
Engagement to Date
Public and targeted stakeholder engagement around the updated UDO have been among the most
significant engagement efforts the City has undertaken to date. Careful attention was given towards
ensuring the public and impacted stakeholders were provided multiple opportunities and formats for
education on the UDO, and in providing feedback that would help craft the UDO’s formation.
Key engagement efforts conducted include:
• Dedicated UDO Project Website
o A dedicated project website was created to be the clearing house for all public-facing
information, outreach, and summary of project updates -
https://clients.bolton-menk.com/brooklyncenter2019/zoning/
• Thematic One-Pager Info Sheets
o Six info sheets hosted on the UDO project website, that cover topics related to housing,
accessory dwelling units (ADUs), commercial standards, and waterbody protections.
• Citizen Zoning Task Force
PLANNING COMMISSION MEMORANDUM
o 14-member resident task force, that met four times with City staff and the consultant
team. Task force members helped inform updates to residential and commercial
standards, and vetted proposed district updates.
• Sign Code Task Force
o Local business owners met with City staff and consultant team to review draft sign code
and offer feedback on updating standards and regulations.
• Recorded Webinars
o Three public overview webinars were recorded in winter 2021 to provide an overview of
each draft section of the UDO. Each recorded webinar was uploaded to the UDO project
website, and included a comment & question form link for public feedback.
• Public Online Open Houses
o Three virtual public meetings were hosted in summer 2021 to preview draft residential,
commercial, and waterbody protections. Meetings were recorded and uploaded to the
UDO project website.
• Targeted Stakeholder Open House
o Property owners and residents of properties that would be impacted by either the
Shoreland or MRCCA ordinance provisions within the UDO were sent a mailer prior to a
waterbody protection open house. The mailer included details about the open house and
website where people could learn more information about proposed changes.
• Surveys
o Two surveys were uploaded to the UDO project website to collect feedback on residential
standards, and commercial standards related to the new UDO.
• Property Owner Mailers
o As part of adoption of a new UDO, many properties within the City will be re-zoned to align
with the new regulations, new zoning districts (refer to Exhibit A), and 2040
Comprehensive Plan. In addition, nearly all existing zoning districts will be updated with
new, more modern, regulations. All properties in the City which are anticipated to
experience a change in zoning designation have received a postcard in the mail directing
them to an online interactive zoning map where they can get more information about the
proposed changes and how it will affect their property.
• Interactive Draft Zoning Map
o An online interactive draft zoning map was created for the public to view properties’
current zoning and proposed future zoning, and gain more information on potential
impacts of the change -
https://bmi.maps.arcgis.com/apps/webappviewer/index.html?id=e3b4a4e3bca1482faa
4deec8926dd82d
• Hosting Full Draft Code Sections Online
o Full versions of each draft section of the UDO were uploaded to the UDO project website
for public review. Online comment forms were provided for the public to submit comments
or questions.
• Joint Planning and Housing Commission Updates
o Four work sessions were held with members of the Planning and Housing Commissions, to
provide updates on the UDO’s development, and to assess key questions related to
residential and commercial standards, and environmental protections.
• City Council Work Sessions
o Three work sessions were held with the City Council, to provide updates on the UDO’s
development, and to vet key questions related to residential and commercial standards,
and land use approval processes.
PLANNING COMMISSION MEMORANDUM
A public hearing notice regarding this comprehensive update and the recommended adoption of the
Unified Development Ordinance was published in the Brooklyn Center Sun Post on September 29, 2022,
and is attached as Exhibit B.
Key UDO Approval Questions & Answers:
Q: How Will the New UDO Replace the Current UDO?
A: Upon Council approval, the new UDO will “repeal and replace” corresponding sections within the
current city code. The sections to be repealed within the current City Code include Chapter 15 (Platting)
and Chapter 34 (Signs). Chapter 35, which is the City’s existing Zoning Code, would be repealed and
replaced with said UDO.
Q: When will the new UDO take effect? How will the public be able to view the new UDO content or
zoning map?
A: The new UDO will take effect 30 days after City Council adoption. Upon City approval, City staff will
begin the process of digitizing the new UDO, and uploading it online for documentation and public access.
Q: Will land uses or site design features become non-compliant if they’re within a zoning district that is
guided to change? Will land owners have to make changes to bring their property into compliance?
A: No, all current property within the city is “grandfathered” into the new UDO, and is considered “legally
non-conforming”.
Q: Will all properties in the city be re-zoned at once? When does that process occur?
A: Upon City UDO approval process, the City will also be adopting a new Zoning Map. Upon adoption of
the zoning map will change the zoning of all properties within the City of Brooklyn Center, as indicated in
the zoning map.
Section 1: General Provisions
1.1 Title, Purpose, and Effective Date
1.1.1 Title
This Chapter 35 and the regulations set forth herein shall be known as the UNIFIED
DEVELOPMENT CODE OF THE CITY OF BROOKLYN CENTER and will be referred to herein
as the “Unified Development Ordinance”. It may also be referenced to throughout
Chapter 35 as “UDO” or “this Chapter.”
1.1.2 Statement of Policy
The provisions of Chapter 35 have been enacted in order to protect and promote health,
safety, equity, and the general welfare of the people of Brooklyn Center. This UDO is
adopted to achieve the following objectives:
(a)Compatibility between different land uses;
(b)Promotion of a more equitable and sustainable community for all people;
(c)Adequate light, air and safety from fire, flood, and other dangers for occupants of
structures;
(d)Protection of the character and stability of residential, commercial and industrial
locations throughout the city, and to ensure the orderly and beneficial development
of those areas;
(e)Protection and conservation of the value of land and buildings;
(f)A balanced tax base between residential, commercial and industrial uses;
(g)Avoidance of business failures through improper location;
(h)Provision for the safe and efficient circulation of all modes of transportation, with
particular regard to the avoidance of congestion in the public streets; and
(i)Reasonable standards to which structures and uses shall conform
1.1.3 Effective Date: Month, date, year
This ordinance shall be in full force and take effect from and after the date established
upon adoption by the City Council.
1.2 Authority, Applicability, and Jurisdiction
1.2.1 Authority
This Unified Development Ordinance is enacted pursuant to the authority granted by the
Municipal Planning Act, Minnesota Statutes, Section 462.351 to 462.365 and other
applicable laws.
1.2.2 General Applicability
(a)Where the conditions imposed by any provision of this Unified Development
Ordinance are either more or less restrictive than comparable conditions imposed
by other ordinances, rules or regulations of the City, the Unified Development
Ordinance rule or regulation which imposes the more restrictive condition,
standard or requirement shall prevail.
(b)Except as herein provided, no building, structure or premises shall hereafter be
used or occupied, and no building permit shall be granted, and no plat approved
that does not conform to the requirements of this Unified Development Ordinance.
(c)No structure shall be erected, converted, enlarged, reconstructed, or altered, and
no structure or land shall be used for any purpose which is not in conformity with
the provisions of this Chapter.
(d)In any zoning district, whenever a use is neither specifically allowed nor specifically
prohibited, the use shall be considered prohibited unless the City Council
determines the proposed use is substantially similar to an allowed use in which case
the proposed use shall be deemed allowed.
(e)The City Council or the Planning Commission, on their own initiative or upon
request, may conduct a study to determine if a use not listed as allowed or
prohibited is acceptable and if so, what zoning district would be most appropriate
and the conditions and standards relating to development of the use. The City
Council, Planning Commission, or property owner, if appropriate, may initiate an
amendment to the Unified Development Ordinance to provide for the particular
use under consideration or shall find that the use is not compatible for
development within the City.
(f)This Unified Development Ordinance is a comprehensive revision to Chapter 35 of
the City Code. Any act done, offense committed, or rights accruing or accrued, or
liability, penalty incurred or imposed prior to the effective date of this Unified
Development Ordinance is not affected by its enactment.
1.2.3 Jurisdiction
This Unified Development Ordinance applies to all lands within the jurisdiction of the City
of Brooklyn Center shown on the official Zoning Map.
1.3 Interpretation and Conflicting Provisions
1.3.1 Rules of Interpretation
In their interpretation, the provisions of this Unified Development Ordinance shall be held
to be the minimum requirements necessary to promote and preserve the public health,
safety, morals, and welfare.
(a)The word “person” includes firm, association, organization, company, partnership,
cooperative, or corporation as well as an individual.
(b)The present tense includes the future tense, the singular number includes the plural,
and the plural includes the singular.
(c)The word “shall” is mandatory and the word “may” is permissive.
(d)The word “lot” shall include the words “plot,” “piece,” “parcel,” and “property” and
shall be interpreted broadly to give full effect of the provisions of this Chapter.
(e)All distances, unless otherwise specified, shall be measured horizontally.
(f)References in this Chapter to any statutes, rules, or regulations shall include any
amendments to, or successors of, those statutes, rules, or regulations. Furthermore,
such references shall serve to incorporate those statutes, rules, or regulations by
reference to the extent necessary to achieve the intent and purposes of this Chapter.
However, such incorporations are intended only to give effect to this Chapter and are
not intended to make the City responsible for the administration or enforcement of
the referenced statutes, rules, or regulations.
(g)Whenever a word or term defined hereinafter appears in the text of this Chapter, its
meaning shall be constructed as set forth in such definition. If no set definition is
given in this Chapter, the word or term shall have the meaning given it in the
Minnesota Statutes, Minnesota Rules, or the most applicable Hennepin County
ordinance to the extent the term is given a specific definition therein. Any question as
to the meaning of a word or term used in this Chapter shall be determined by the City
Council.
(h)General words are construed to be restricted in their meaning by preceding particular
words.
(i)The listing of examples to further explain a term, concept, requirement, or process is
not intended to be, and shall not be interpreted as, an exclusive listing. Unless the
context clearly indicates otherwise, such listings are intended to be explanative
without being exclusive or limited. The exception to this general rule of
interpretation is the listing of uses allowed in a district, which is intended to be
limited to only those uses and the uses the City Council finds to be substantially
similar as provided in this Chapter.
The Minnesota legislature has adopted various provisions by statute requiring local
governments to treat certain uses as permitted or conditional uses within their respective
jurisdictions for the purposes of zoning regulations. Notwithstanding the general
prohibition contained herein of uses not expressly allowed by this Chapter, this Chapter
shall be interpreted as allowing those uses the legislature expressly requires the City to
allow. Such uses shall be classified as provided in the legislative mandate and shall only
be allowed in those areas described in the applicable statute, and then only to the extent
and scope as prescribed in the statute. For example, Minnesota Statutes, Section 462.357,
subdivision 7 requires a licensed day care facility serving 12 or fewer persons to be
considered a permitted single family residential use of property. As such, this Chapter
shall be interpreted as allowing that specific use as a permitted residential use, but only
up to a capacity of 12 persons. A proposed use that exceeds the scope described in the
statute shall not be allowed unless the expanded use is expressly allowed in the particular
zoning district by this Chapter. Furthermore, if the statute indicates the use is to be
allowed as a conditional use, the use may only occur upon the submission of an
application and receipt of a conditional use permit from the City. All mandated uses shall
obtain a land use permit and all other permits and permissions as required by this
Chapter and all other applicable laws.
1.3.2 Supremacy
When any condition imposed by any provision of this Unified Development Ordinance
upon the use of land or buildings or upon the bulk of buildings is either more restrictive
or less restrictive than similar conditions imposed by provisions of another City ordinance
or resolution, the more restrictive condition shall prevail.
This Unified Development Ordinance is not intended to abrogate any easements,
covenants, or any other private agreement, providing that where the provisions of this
Unified Development Ordinance are more restrictive than such easements, covenants, or
other private agreements, the provisions of this Unified Development Ordinance shall
prevail.
1.4 Transition from Prior Regulations
1.4.1 Prior Zoning Regulations
This Chapter supersedes and replaces Brooklyn Center City Ordinances Chapter 35
Zoning, and all such provisions are hereby repealed. The repeal of the City’s previous
zoning and subdivision chapters does not itself affect the status of any use, structure, or
lot that was not in conformance with the earlier chapters.
1.5 Comprehensive Plan
1.5.1 General
The City Council hereby undertakes to carry on comprehensive study and planning as a
continuing guide for land use and development legislation within the municipality. For
this purpose, the City Council has adopted a Comprehensive Guide Plan for the City of
Brooklyn Center, and the City’s Planning Commission aids in such planning as the
advisory planning agency. Comprehensive Plan Amendment procedures, criteria, and
adoption are detailed in Section 7.12.
1.5.2 Coordination with Other Agencies
In the performance of its planning activities, the Planning Commission shall consult with
and coordinate the planning activities of other departments and agencies of the
municipality to ensure conformity with and to assist in a development of the
comprehensive municipal plan. Furthermore, the Planning Commission shall take due
cognizance of the planning activities of adjacent units of government and other affected
public agencies.
1.5.3 Relationship between Comprehensive Plan and this UDO
Minnesota statutes require the Unified Development Ordinance be consistent with the
approved comprehensive plan.
1.6 Other General Provisions
1.6.1 Applications.
All applications must be on forms approved by the City Council. Any requests not
submitted on an approved City form shall not be considered an application for the
purposes of this UDO or Minnesota Statutes, Section 15.99 and shall be rejected. An
application shall be immediately rejected if it is not accompanied by the required
application fee. If an escrow is required, the applicant shall submit the required amount
for escrow with the City within five days of the submission of the application or the
application shall be deemed incomplete and will not be processed.
1.6.2 Enforcement.
This Unified Development Ordinance shall be administered and enforced Zoning
Administrator. The Zoning Administrator may authorize other employees or agents of the
City to perform the various duties of the Zoning Administrator specified in Section 7.1.
1.6.3 Penalties.
Violation of the provisions of this Unified Development Ordinance or failure to comply
with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional use permits) shall
constitute a misdemeanor. Any person who violates this Unified Development Ordinance
or fails to comply with any of its requirements shall, upon conviction thereof by lawful
authority, be fined not more than one thousand dollars ($1,000) or imprisoned for not
more than ninety (90) days or both, and in addition, shall pay all costs and expenses of
prosecution. Each day such violation continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Brooklyn Center from taking such
other lawful action as is necessary to prevent or remedy any violation. No provision of
this chapter designating the duties of any official or employee of the City shall be so
construed as to make such official or employee liable for the penalty provided in this
section for failure to perform such duty, unless the intention of the City Council to impose
such penalty on such official or employee is specifically and clearly expressed in the
section creating the duty.
1.6.4 Severability.
Every section, provision, or part of this Unified Development Ordinance is declared
separable from every other section, provision, or part to the extent that if any section,
provision, or part of the Unified Development Ordinance shall be held invalid, it shall not
invalidate any other section, provision, or part thereof.
Zoning Districts
2.1 Zoning Districts and Zoning Map
2.1.1 Zoning Districts.
Residential Districts
R1 Low Density Residential
R2 Medium Low Density Residential
R3 Medium Density Residential
R4 Medium High Density Residential
R5 High Density Residential
Mixed-Use Districts
MX-N1 Neighborhood Mixed-Use
MX-N2 Neighborhood Mixed-Use
MX-C Commercial Mixed-Use
TOD Transit Oriented Development
Non-Residential Districts
C Commerce - Service/Office
MX-B Business Mixed-Use
I General Industrial
Special Purpose Districts
O Public Open Space
2.1.2 Zoning Map.
The boundaries of the zoning districts are shown on the map entitled "Zoning Map of
Brooklyn Center, Minnesota," as may be amended from time to time. The Zoning Map of Brooklyn Center, Minnesota shall be referred to in this Unified Development Ordinance as
the Zoning Map or the Map. The Map and all amendments shall be certified by the City
Clerk and maintained in the office of the City Clerk. The Zoning Map and all the notations,
references and other information shown thereon shall have the same force and effect as if
fully set forth herein and are thereby made a part of this Unified Development Ordinance
by reference. The official Zoning Map together with all materials attached thereto is
hereby adopted by reference and declared to be a part of this Section.
2.1.3 General District Regulations.
Generally.
Land within a particular zoning district shall be subject to: the general standards, regulations, and restrictions contained within this UDO; any specific standards,
regulations, and restrictions established in this UDO for the particular district; any
performance standards established for the particular use; the standards, regulations,
and restrictions of any applicable overlay district; and any applicable standards,
regulations, and restrictions imposed by any other applicable federal, state, and local
laws, rules, regulations, and ordinances.
Overlay District Regulations.
Land located within an overlay district is subject to both the regulations established herein for the primary zoning district in which it is located as well as the regulations
applicable within the overlay district.
Identified Uses.
Except as otherwise provided in this UDO, only those uses that are expressly identified by this UDO as being allowed within a district may occur within that district,
and then only upon the issuance of all required permits and compliance with all
applicable federal, state, and local laws, rules, regulations, and ordinances. If an owner proposes to undertake a use that is not expressly allowed in the particular
district, the owner may apply for an amendment to the text of the UDO to add the
use to those allowed within the zoning district, or seek a rezoning of the property to
a district in which the use is allowed.
Prohibited Uses.
Only those uses identified as being allowed within a zoning district under this UDO
may occur within that district, subject to the additional restrictions and prohibitions
contained in this UDO. References to other uses in this UDO, such as in the standards, are not intended, and shall not be interpreted, as expanding the uses allowed within a
particular district.
2.2 Residential Districts and Standards
2.2.1 R1 – Low Density Residential
Purpose
The purpose of the R1 (Low Density Residential) zoning district is to conserve low-density, single-family neighborhoods. This district primarily supports one family
dwellings. Allowed uses are shown in Section 4.2 Allowed Use Table.
R1 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street and
15 along secondary street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 25 feet
D Lot area – (minimum) 9,500 sq. ft. (interior lot) or 10,500 sq. ft. (corner lot)
E Lot width – one family (minimum) 75 feet (interior lot) or 90 feet (corner lot)
F
Accessory Structure setback, Interior
Side or Rear (Minimum) 5 feet
Other Standards
F Primary structure height (maximum) 25 feet
Accessory Structure height (Maximum) 16 feet
Density 3-5 units/acre
(a) General Regulations
(1) Complete, detailed dimensional standards are located in Section 5 –
Development Standards and Incentives.
(2) In R1 districts, every building hereafter erected or structurally altered shall be
located on a lot, and in no case shall there be more than one principal building
on one lot. The term " principal building" shall be given its common, ordinary
meaning; in case of doubt, or on any question of interpretation, the decision shall
rest with the Zoning Administrator.
(3) All dwellings shall be on permanent foundations which comply with the State
Building Code, except that accessory uses such as screened or enclosed porches, canopies, decks, balconies, stairs, etc. may be placed on a noncontinuous permanent foundation as approved by the Building Official.
(4) In the case of permitted dwellings, the dwelling may be located less than ten (10)
feet, but not less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided:
All other yard setback requirements are met;
The remaining minimum ten (10) foot setback between the dwelling and the lot
line, shall not be used for any accessory building;
The exterior wall of the dwelling, facing the interior side yard of less than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment.
(5) In instances where an existing single-family dwelling is deficient in its setback requirements, the building may be expanded along the existing building line,
provided there is no greater encroachment into the required yard area. This
provision in no way permits the expansion of a conforming building resulting in a
setback less than established by this Unified Development Ordinance. In no case
shall the expansion be closer than five (5) feet from an interior side yard property
line
(6) Where no more than three interior lots have frontage on a "cross street," and
where the corner lots are developed so that one side yard of each corner lot faces
the "cross street," the front yard setback of the interior lots may conform to the side yard setbacks of the corner primary structures.
(7) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
2.2.2 R2 – Medium Low Density Residential
Purpose
The purpose of the R2 (Medium Low Density Residential) zoning district is to allow for
smaller lot sizes or two-family dwellings in residential neighborhoods. Allowed uses
are shown in Section 4.2.
R2 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street
and 15 along secondary street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 20 feet
D Lot area – one family per unit (minimum) 7,600 sq. Ft. (interior lot) or 8,500 sq. Ft. (corner lot)
E Lot area – two family (minimum) 5,000 sq. Ft./unit (interior and corner lot)
F Lot width – one family (minimum) 60 feet (interior lot) or 75 feet (corner lot)
G Lot width – two family (minimum) 75 feet (interior lot) or 90 feet (corner lot)
Accessory Structure setback, Interior Side
or Rear (Minimum) 5 feet
Other Standards
H Primary structure height (maximum) 25 feet
Accessory Structure Height (Maximum) 16 feet
Density 3-10 units/acre
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The
term " principal building" shall be given its common, ordinary meaning; in case of
H
doubt, or on any question of interpretation, the decision shall rest with the Zoning Administrator.
(3) All dwellings shall be on permanent foundations which comply with the State Building Code, except that accessory uses such as screened or enclosed porches,
canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous
permanent foundation as approved by the Building Official.
(4) In the case of permitted dwellings, the dwelling may be located less than ten (10)
feet, but not less than five (5) feet, from not more than one (1) of the established
interior side lot lines, provided:
All other yard setback requirements are met;
The remaining minimum ten (10) foot setback between the dwelling and the lot
line, shall not be used for any accessory building;
The exterior wall of the dwelling, facing the interior side yard of less than ten (10)
feet, shall contain no openings including doors, or windows, or provision for
mechanical equipment.
(5) In instances where an existing single-family dwelling is deficient in its setback
requirements, the building may be expanded along the existing building line, provided
there is no greater encroachment into the required yard area. This provision in no way
permits the expansion of a conforming building resulting in a setback less than
established by this Unified Development Ordinance. In no case shall the expansion be
closer than five (5) feet from an interior side yard property line.
Where no more than three interior lots have frontage on a "cross street," and
where the corner lots are developed so that one side yard of each corner lot
faces the "cross street," the front yard setback of the interior lots may
conform to the side yard setbacks of the corner primary structures.
Permitted Encroachments into the regular setbacks are listed in Section 5.1 of this
UDO.
2.2.3 R3 – Medium Density Residential
Purpose
The purpose of the R3 (Medium Density Residential) zoning district is to provide medium-density housing in townhouses, or condominium single family attached
dwelling units. This district primarily supports attached single-family dwellings, but
small lot, detached single-family dwellings are permitted as well. Allowed uses are
shown in Section 4.2 Allowed Use Table.
R3 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street and 15
along secondary street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot area – (minimum) 4,000 sq. ft. per unit
E Lot width – (minimum) 25 feet
Accessory Structure setback, Interior
Side or Rear (minimum) 5 feet
Other Standards
F Primary structure height (maximum) 35 feet
Accessory structure height
(Maximum) 16 feet
Density 5-10 units/acre
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term " principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) All dwellings shall be on permanent foundations which comply with the State
Building Code, except that accessory uses such as screened or enclosed porches,
canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous
permanent foundation as approved by the Building Official.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of this
UDO.
2.2.4 R4 – Medium High Density Residential
Purpose
The purpose of the R4 (Medium High Density Residential) zoning district is to provide medium- to high-density housing in multiple family dwellings. This district primarily
supports multi-family dwellings, but some attached single-family dwellings may also
be permitted. Allowed uses are shown in Section 4.2 Allowed Use Table.
(a) R4 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet along primary street and secondary street (corner
lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot area (minimum) 2,200 sq. ft. per unit
E Lot width (minimum) 100 feet
Accessory Structure setback, Interior
side or rear (minimum) 5 feet
Other Standards
F Primary structure height (maximum) 40 feet
Accessory Structure height
(maximum) 16 feet
Density 10-25 Units/acre
(b) General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term " principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback requirements set out for interior side yards.
(6) For lots abutting R1 and R2 Districts, other than at a public street line
When a building exceeds 25 feet in height the setback from the R1 or R2 property shall be no less than equal to the height of
the building, unless the building steps down to no greater than 25 feet on the side abutting the R1 or R2 zone.
A 15-foot-wide buffer strip on the side abutting the R1 or R2
District shall be provided which meets the following provisions:
The buffer strip shall be landscaped and not be used for parking,
garages, driveways, off-street loading or storage.
The buffer strip shall contain an opaque fence, which is at least four feet
in height.
The City Council may approve an alternative screening device design, provided it is in harmony with the residential neighborhood and
provides a similar level of screening to an opaque fence.
2.2.5 R5 – High Density Residential
(a) Purpose
The purpose of the R5 (High Density Residential) zoning district is to provide high-density housing of multiple family dwellings, such as townhomes, apartments, and condominiums. Future development or redevelopment of R5 land should be
consistent with this land use designation and compatible with surrounding and
adjacent land uses. Allowed uses are shown in Section 4.2 Allowed Use Table.
R5 Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet along primary street and secondary
street (corner lot)
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot area (minimum) 1,400 sq. ft. per unit
E Lot width (minimum) 100 feet
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
F Primary structure height (maximum) 48 feet
Accessory Structure height (maximum) 16 feet
Density 20-31 Units/acre
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Dimensional Standards.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
(6) Lots Abutting R1 and R2 Districts, other than at a public street line
When a building exceeds 25 feet in height the setback from the
R1 or R2 property shall be no less than equal to the height of
the building, unless the building steps down to no greater
than 25 feet on the side abutting the R1 or R2 zone.
A 15-foot-wide buffer strip on the side abutting the R1 or R2 District shall be provided which meets the following
provisions:
The buffer strip shall be landscaped and not be used for parking,
garages, driveways, off-street loading or storage.
The buffer strip shall contain an opaque fence, which is at least
four feet in height.
2.3 Mixed-Use Districts
2.3.1 MX-N1 – Neighborhood Mixed-Use
Purpose
The purpose of the MX-N1 (Neighborhood Mixed-Use) district is to accommodate low- to medium-density residential and multi-family residential development, with or
without small-scale ground floor non-residential uses. In addition, MX-N1 allows for
the reuse of residential structures with frontage on an arterial street for a variety of residential and non-residential uses. It is intended primarily for use along arterial
corridors, at or near major intersections, and areas adjacent those zoned MX-N2 or
similarly zoned areas. Allowed uses are shown in Section 4.2 Allowed Use Table.
MX-N1 Dimensional Standards
Building Setbacks
A Front build-to line (min-max) 5-20 feet on primary and secondary street
frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 20 feet
D Minimum lot size N/A
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
E Structure height (maximum) 48 feet
Density 15-31 Units/acre
Accessory Structure height (maximum) 20 feet
Maximum size of individual non-residential
use 7,500 Square Feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
(6) After the effective date of this UDO, no new or additional vehicle parking spaces
may be created between the front façade of an existing or new structure and the
primary street frontage of the lot unless otherwise permitted by the zoning
administrator.
(7) Lots Abutting R1 and R2 Districts, other than at a public street line
a. When a building exceeds 25 feet in height the setback from the
R1 or R2 property shall be no less than equal to the height of the building, unless the building steps down to no greater than 25
feet on the side abutting the R1 or R2 zone.
b. A 15-foot-wide buffer strip on the side abutting the R1 or R2 District shall be provided which meets the following provisions:
1. The buffer strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or
storage.
2. The buffer strip shall contain an opaque fence, which is
at least four feet in height.
3. The City Council may approve an alternative screening
device design, provided it is in harmony with the
residential neighborhood and provides a similar level of
screening to an opaque similar level of screening to an
opaque fence.
Building and Site Design
(1) At least 50 percent of the first floor of the front façade of each primary building
shall be located not more than ten feet from the front lot line.
(2) Each primary structure shall have at least one pedestrian entrance on each façade facing a public right-of-way.
(3) Each required pedestrian entrance for a nonresidential use shall open directly to the adjacent sidewalk without requiring pedestrians to pass through a lobby area,
garage, parking lot, or a non-pedestrian area located between the building
entrance and the entrance to individual ground floor nonresidential
establishments in the building.
(4) At least 50 percent of each building façade facing a street, park, plaza, or other
public space (not including areas occupied by doors or windows), shall be faced
in brick, stone, cultured stone, real stucco, or other material of equivalent visual
attractiveness, quality, and durability as determined by the Zoning Administrator.
(5) Each ground floor façade for a nonresidential use facing a public right-of-way
shall have transparent windows or other transparent glazed areas covering at
least 50 percent of the ground floor façade area between three and eight feet
above sidewalk grade. Required glazed areas shall have a visible light
transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted,
or black glass windows.
Streets and Public Space
(1) Should new blocks be established, blocks shall be between 300 and 500 feet in
length and shall have a block perimeter no greater than 2,000 feet.
(2) Bicycle and pedestrian facilities shall be constructed and connected to existing adjacent bicycle and pedestrian infrastructure, including the provision of bicycle
parking.
(3) Attractive public gathering/seating areas, quality streetscaping, and space for
outdoor seating shall be integrated into the site design.
(4) A six-foot minimum clear width shall be maintained on all walkways
(5) Public spaces shall be designed to promote social interaction, leisure opportunities, public gathering and activities, and/or to create focal points and
activity nodes within development.
2.3.2 MX-N2 – Neighborhood Mixed-Use
Purpose
The purpose of the MX-N2 (Neighborhood Mixed-Use) district is to accommodates small-scale, mixed-use neighborhood activity centers with comfortable gathering
places, located and scaled to provide minor/convenience services near low density
residential neighborhoods. Requirements for this zoning district avoid strip
development patterns and the creation of destination retail or business uses serving
areas beyond the immediate neighborhood. Allowed uses are shown in Section 4.2
Allowed Use Table.
MX-N2 Dimensional Standards
Building Setbacks
A Front build-to line (min-max) 5-20 feet on primary and secondary street
frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 10 feet
D Minimum lot size N/A
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
E Structure height (maximum) 48 feet
Density 15-31 Units/acre
Accessory Structure height (maximum) 20 feet
Maximum size of individual non-residential
use 10,000 Square Feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
(1) At least 50 percent of the first floor of the front façade of each primary building shall be located not more than ten feet from the front lot line.
(2) Each primary structure shall have at least one pedestrian entrance on each façade
facing a public right-of-way.
(3) Each required pedestrian entrance for a nonresidential use shall open directly to
the adjacent sidewalk without requiring pedestrians to pass through a lobby area,
garage, parking lot, or a non-pedestrian area located between the building
entrance and the entrance to individual ground floor nonresidential establishments in the building.
(4) At least 50 percent of each building façade facing a street, park, plaza, or other public space (not including areas occupied by doors or windows), shall be faced
in brick, stone, cultured stone, real stucco, or other material of equivalent visual
attractiveness, quality, and durability as determined by the Zoning Administrator.
(5) Each ground floor façade for a nonresidential use facing a public right-of-way
shall have transparent windows or other transparent glazed areas covering at
least 50 percent of the ground floor façade area between three and eight feet above sidewalk grade. Required glazed areas shall have a visible light
transmittance ratio of 0.6 or higher, and shall not include reflective, heavily tinted,
or black glass windows.
(6) After the effective date of this UDO, no new or additional vehicle parking spaces
may be created between the front façade of an existing or new structure and the
primary street frontage of the lot unless otherwise permitted by the zoning
administrator.
(7) Lots Abutting R1 and R2 Districts, other than at a public street line
When a building exceeds 25 feet in height the setback from the
R1 or R2 property shall be no less than equal to the height of
the building, unless the building steps down to no greater
than 25 feet on the side abutting the R1 or R2 zone.
A 15-foot-wide buffer strip on the side abutting the R1 or R2 District shall be provided which meets the following
provisions:
The buffer strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage.
The buffer strip shall contain an opaque fence, which is at least four feet
in height.
The City Council May approve an alternative screening device design,
provided it is in harmony with the residential neighborhood and provides a similar level of screening to an opaque similar level of
screening to an opaque fence.
Streets and Public Space
(1) Should new blocks be established, blocks shall be between 300 and 500 feet in length and shall have a block perimeter no greater than 2,000 feet.
(2) Bicycle and pedestrian facilities shall be constructed and connected to existing adjacent bicycle and pedestrian infrastructure, including the provision of bicycle
parking.
(3) Attractive public gathering/seating areas, quality streetscaping, and space for
outdoor seating shall be integrated into the site design.
(4) A six-foot minimum clear width shall be maintained on all walkways
(5) Public spaces shall be designed to promote social interaction, leisure
opportunities, public gathering and activities, and/or to create focal points and
activity nodes within development.
2.3.3 MX-C Commercial Mixed-Use
Purpose
The purpose of the MX-C (Commercial Mixed-Use) district is to accommodate a hybrid urban form of commercial, office, retail, service and residential uses. This
designation is intended primarily for areas adjacent to TOD, and is planned to have a
more significant proportion of the land use designated for commercial, office, retail,
and service uses, with supporting residential uses. This land use designation will focus
on walkable and bikeable connections to adjacent land uses and selected destination
nodes along transit corridors. Allowed uses are shown in Section 4.2 Allowed Use
Table.
MX-C Dimensional Standards
Building Setbacks
A Front building setback (minimum) 10 feet on primary and secondary street
frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 20 feet
D Lot width (minimum) 100 feet
Accessory Structure setback, Interior side or
rear (minimum) 5 feet
Other Standards
E Structure Height 48 ft
Density 10-60 Units/acre
Lot Area Minimum 2 acres contiguous parcel for
residential uses
Accessory Structure height (maximum) 20 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
(1) Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
(2) Lots Abutting R1 and R2 Districts, other than at a public street line
(A) When a building exceeds 25 feet in height the setback from the R1 or R2
property shall be no less than equal to the height of the building, unless
the building steps down to no greater than 25 feet on the side abutting
the R1 or R2 zone.
(B) A 15-foot-wide buffer strip on the side abutting the R1 or R2 District shall
be provided which meets the following provisions:
1. The buffer strip shall be landscaped and not be used for parking,
garages, driveways, off-street loading or storage.
2. The buffer strip shall contain an opaque fence, which is at least
four feet in height.
3. The City Council may approve an alternative screening device
design, provided it is in harmony with the residential
neighborhood and provides a similar level of screening to an
opaque similar level of screening to an opaque fence.
2.3.4 Transit Oriented Development
Purpose
The purpose of the TOD (Transit Oriented Development) district is to support opportunities for dense, transit-supportive and transit-oriented development. The
TOD district requires intensities and patterns of development that support vibrant
pedestrian activity, and discourages land uses and development patterns that could
decrease walkability or interfere with future growth of transit-oriented development
and transit ridership. The district intends to promote sustainable urban places that
include places to live, work, shop, and recreate, reduce reliance on automobiles, and
encourage the use of public transit. The district intends to foster job creation and
economic growth in near-proximity to transit, and provides citizens with new housing
and lifestyle choices with a high level of amenities and spaces for social interaction. Allowed uses are shown in Section 4.2 Allowed Use Table.
TOD Dimensional Standards
Building Setbacks
A Front building setback (maximum) 0-10 feet both primary and secondary street
frontage
B Side building setback (minimum) 10 feet, or 50 feet if abutting a R1 or R2 district
C Rear building setback (minimum)
If no alley: 10 feet; If alley: 5 feet
Except as required by Fire Code
50 feet if abutting an R1 or R2 district
Accessory Structure setback, Interior
side or rear (minimum) 5 feet
Other Standards
D Block Perimeter (maximum) 2000 ft
E Structure Height No Limit
Density 31-130 Units/acre
Accessory Structure height (maximum) 20 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
(1) At least 60 percent of the first floor of the front façade of each primary building
shall be located not more than eight feet from each lot line.
(2) Each primary structure shall have at least one pedestrian entrance on each façade facing a public right-of-way.
(3) Each required pedestrian entrance for a nonresidential use shall open directly to
the adjacent sidewalk without requiring pedestrians to pass through a lobby area,
garage, parking lot, or a non-pedestrian area located between the building
entrance and the entrance to individual ground floor nonresidential
establishments in the building.
(4) At least 50 percent of each building façade facing a street, park, plaza, or other
public space (not including areas occupied by doors or windows), shall be faced
in brick, stone, cultured stone, real stucco, or other material of equivalent visual
attractiveness, quality, and durability as determined by the Zoning Administrator.
(5) At least 50 percent of the ground floor of any parking structure abutting a public
street shall have habitable or commercial space for a depth of at least 30 feet.
(6) Each ground floor façade for a nonresidential use facing a public right-of-way
shall have transparent windows or other transparent glazed area covering at least
65 percent of the ground floor façade area between three and eight feet above
sidewalk grade. Required glazed areas shall have a visible light transmittance
ratio of 0.6 or higher, and shall not include reflective, heavily tinted, or black glass
windows.
(7) Non-residential ground floor areas facing streets shall be designed with a
minimum height of 13 feet to accommodate retail or other uses generating
pedestrian traffic.
Streets and Public Space
(1) Should new blocks be established, blocks shall be between 300 and 500 feet in length and shall have a block perimeter no greater than 2,000 feet.
(2) Bicycle and pedestrian facilities shall be constructed and connected to existing adjacent bicycle and pedestrian infrastructure, including the provision of bicycle
parking.
(3) Each development in the TOD district shall support walkability, multimodal
connectivity, and public space principles and goals outlined in the City
Comprehensive Plan, cohesive with the surrounding context, and:
Integrate attractive public gathering/seating areas, quality streetscaping, and space for sidewalk cafes while maintaining
a six-foot minimum clear zone for pedestrian passage,
Allocate a portion of TDC for landscaping, streetscaping, public art
and/or placemaking elements.
(4) Public spaces shall be designed to promote social interaction, leisure
opportunities, public gathering and activities, and/or to create focal points and
activity nodes within development.
(5) Along all public streets, all utility boxes and above-ground utility installations
other than street and pedestrian light poles, traffic safety signals, and fire
hydrants shall comply with the following standards to the maximum extent
practicable and consistent with their function:
(6) They shall be located to the side or rear of buildings; or
Where a side or rear location is impracticable, they shall be set
back a minimum of three feet from the sidewalk, and the three foot minimum setback shall be landscaped with
shrubbery that will screen the utility structure from public
view.
(7) Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Motor Vehicle Parking
At least 70 percent of provided parking shall be located in structured or covered
parking
Density and Incentive Bonuses
See section 5.2.1 for Density Bonus program details
2.4 Non-Residential Districts
2.4.1 C – Commerce – Service/Office District
Purpose
The purpose of the C (Commerce) district is to supports commerce activity in the form of the retail sale, eating establishments, service/office uses, repair/service uses,
medical and health uses, contract/construction uses, educational uses, and other uses
similar in nature, as determined by the City Council. Allowed uses are shown in
Section 4.2 Allowed Use Table.
C Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet primary and secondary street frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 40 feet
D Lot width (minimum) 100 feet
Other Standards
E Primary structure height (maximum) 40 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of this
UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Lots Abutting R1 and R2 Districts
(1) When a building in a Commercial zone exceeds 25 feet in height and abuts an R1 or R2 zone, the setback of this building from the R1 or R2 property shall be no
less than equal to the height of the building, unless the building steps down to
no greater than 25 feet on the side abutting the R1 or R2 zone.
(2) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
2.4.2 MX-B – Business Mixed Use
Purpose
The purpose of the MX-B (Business Mixed Use) district to accommodate land for a mix of business and light industrial uses, with allowances for supporting retail/service
uses. This designation encourages redevelopment or development of commercial,
office, general business, and light industrial uses in coordination with supportive
retail/commercial uses towards encouraging a more dynamic and connected
experience for workers. This land use does not plan for residential uses but may
include limited live-work opportunities as established through supporting official
controls. Allowed uses are shown in Section 4.2 Allowed Use Table.
MX-B Dimensional Standards
Building Setbacks
A Front building setback (minimum) 35 feet primary and secondary street frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 25 feet
D Lot width (minimum) 100 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development
Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Lots Abutting R1 and R2 Districts
(1) When a building in a Commercial zone exceeds 25 feet in height and abuts an R1 or R2 zone, the setback of this building from the R1 or R2 property shall be no
less than equal to the height of the building, unless the building steps down to
no greater than 25 feet on the side abutting the R1 or R2 zone.
(2) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
2.4.3 I – General Industry
Purpose
The purpose of the I (General Industrial) district is to support industrial uses such as manufacturing, wholesale trade activities, service activities, truck terminals or
exchange stations, public transit terminals, and similar uses. Allowed uses are shown
in Section 4.2 Allowed Use Table.
(a) I Dimensional Standard
Building Setbacks
A Front building setback (minimum) 50 feet primary and secondary street frontage
B Side building setback (minimum) 10 feet
C Rear building setback (minimum) 25 feet
D Lot width (minimum) 100 feet
Other Standards
E Primary structure height (maximum) 48 feet
General Regulations
(1) Complete detailed dimensional standards are located in Section 5 – Development Standards and Incentives.
(2) Every building hereafter erected or structurally altered shall be located on a lot,
and in no case shall there be more than one principal building on one lot. The
term "principal building" shall be given its common, ordinary meaning; in case of
doubt, or on any question of interpretation, the decision shall rest with the
Zoning Administrator.
(3) The required total minimum land area may be reduced 500 square feet for each
required parking stall constructed completely underground, or otherwise
provided in an integrated parking structure.
(4) Permitted Encroachments into the regular setbacks are listed in Section 5.1 of
this UDO.
(5) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
Building and Site Design
Interior side yard setback requirements may be waived where abutting property
owners wish to abut along a common wall built along the property line.
Lots Abutting R1 and R2 Districts
(1) When a building in a Commercial zone exceeds 25 feet in height and abuts an R1
or R2 zone, the setback of this building from the R1 or R2 property shall be no
less than equal to the height of the building, unless the building steps down to
no greater than 25 feet on the side abutting the R1 or R2 zone.
(2) In the case of corner lots, the lot lines not abutting street right-of-way shall, for
the purpose of this Unified Development Ordinance, be considered side-interior
lot lines, and except as otherwise provided, the use shall adhere to the setback
requirements set out for interior side yards.
2.5 Special Purpose Districts
2.5.1 O – Public Open Space
Purpose
The purpose of the O (Public Open Space) district is to preserve or encourage the use of lands designated for public park and open space use. Allowed uses are shown in
Section 4.2 Allowed Use Table.
Overlay Districts
Overlay Districts
3.1 Overlay Districts.
The following overlay districts are hereby established for the City:
Overlay Districts
FP Floodplain
SL Shoreland
CA Mississippi River Corridor Critical Area
The boundaries of the overlay districts are shown on the Zoning Map.
3.1.1 FP – Floodplain
Statutory Authorization, Findings of Fact and Purpose
(1) Statutory Authorization
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood
losses.
Purpose. This Unified Development Ordinance regulates development in the flood hazard areas of the City of Brooklyn Center (hereinafter referred to in some
cases as the “City”). These flood hazard areas are subject to periodic inundation,
which may result in loss of life and 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. It is
the purpose of this Unified Development Ordinance to promote the public
health, safety, and general welfare by minimizing these losses and disruptions.
National Flood Insurance Program Compliance. This UDO is adopted to comply with
the rules and regulations of the National Flood Insurance Program.
This UDO is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater
impacts, improve water quality, reduce soil erosion, protect aquatic and riparian
habitat, provide recreational opportunities, provide aesthetic benefits and
enhance community and economic development.
General Provisions
(1) How to Use This Section
This section adopts the floodplain maps applicable to the City of Brooklyn Center and includes three floodplain districts: Floodway, Flood Fringe, and General
Floodplain.
Where Floodway and Flood Fringe districts are delineated on the floodplain maps,
the standards in Sections 3.2.1(d) and 3.2.1(e) will apply, depending on the
location of a property.
Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district.
Within the General Floodplain district, the Floodway District standards in Section
3.2.1(d) apply unless the floodway boundary is determined, according to the
process outlined in Section 3.2.1(f) Once the floodway boundary is determined,
the Flood Fringe District standards in Section 3.2.1(e) may apply outside the
floodway.
(2) Lands to Which Section Applies
This section applies to all lands within the jurisdiction of the City of Brooklyn Center
shown on the Official Zoning Map and/or the attachments to the map as being
located within the boundaries of the Floodway, Flood Fringe, or General
Floodplain Districts.
The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that
are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this Unified Development Ordinance. In case of a conflict, the more restrictive standards will
apply.
Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the (Planning Commission/Board of
Adjustment) and to submit technical evidence.
(3) Incorporation of Maps by Reference
The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this Unified
Development Ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated
November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management
Agency. These materials are on file in the offices of the Zoning Administrator and the City Clerk.
Effective Flood Insurance Rate Map panels numbers as follows: 27053C0203F; 27053C0204F; 27053C0208F; 27053C0209F; 27053C0212F; 27053C0216F
(4) Regulatory Flood Protection Elevation
The regulatory flood protection elevation (RFPE) is 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 floodplain that result from designation of a floodway.
(5) Interpretation
The boundaries of the zoning districts are determined by scaling distances on the
Flood Insurance Rate Map.
Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions, the flood elevations shall be the governing
factor. The Zoning Administrator must interpret the boundary location based on
the ground elevations that existed on the site on the date of the first National
Flood Insurance Program map showing the area within the regulatory floodplain,
and other available technical data.
Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the Planning Commission and to submit
technical evidence.
(6) Abrogation and Greater Restrictions
It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants,
or other private agreements. However, where this section imposes greater restrictions, the provisions of this Unified Development Ordinance prevail. All other sections inconsistent with this
section are hereby repealed to the extent of the inconsistency only.
(7) Warning and Disclaimer of Liability
This Unified Development Ordinance does not imply that areas outside the floodplain districts or
land uses permitted within such districts will be free from flooding or flood damages. This Unified
Development Ordinance does not create liability on the part of the City of Brooklyn Center or its
officers or employees for any flood damages that result from reliance on this Unified Development
Ordinance or any administrative decision lawfully made hereunder.
(8) Annexations
The Flood Insurance Rate Map panels adopted by reference into Section 3.2.1(b)(3) above may
include floodplain areas that lie outside of the corporate boundaries of the City of Brooklyn Center
at the time of adoption of this Unified Development Ordinance. If any of these floodplain land areas are annexed into the City of Brooklyn Center after the date of adoption of this Unified Development
Ordinance, the newly annexed floodplain lands will be subject to the provisions of this Unified Development Ordinance immediately upon the date of annexation.
(9) Detachments
The Flood Insurance Rate Map panels adopted by reference into Section 3.2.1(b)(3) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this Unified Development Ordinance. If any of these floodplain land areas are detached
from a municipality and come under the jurisdiction of the City of Brooklyn Center after the date of adoption of this Unified Development Ordinance, the newly detached floodplain lands will be
subject to the provisions of this Unified Development Ordinance immediately upon the date of detachment.
Establishment of Zoning Districts
(1) Districts
Floodway District
The Floodway District includes those areas within Zones AE that have a floodway delineated as
shown on the Flood Insurance Rate Map adopted in Section 3.2.1(b)(3). For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also
includes those areas that are at or below the ordinary high water level as defined in Minnesota
Statutes, Section 103G.005.
Flood Fringe District
The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the
Flood Insurance Rate Map adopted in Section 3.2.1(b)(3), but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway
delineated, the Flood Fringe District also includes those areas below the one percent (1%)
annual chance (100-year) flood elevation but above the ordinary high water level as defined in
Minnesota Statutes, Section 103G.005.
General Floodplain District
The General Floodplain District includes those areas within Zone A as shown on the Flood
Insurance Rate Map adopted in Section 3.2.1(b)(3).
(2) Applicability
Within the floodplain districts established in this Unified Development Ordinance, the use, size, type
and location of development must comply with the terms of this ordinance and other applicable
regulations. In no cases shall floodplain development adversely affect the efficiency or unduly
restrict the capacity of the channels or floodways of any tributaries to the mainstream, drainage
ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Section 3.2.1(d), Section 3.2.1(e), and Section 3.2.1(e)(f) noted herein are
prohibited. In addition, critical facilities, as defined in Section 3.2.1(b)(9)(A) are prohibited in all
floodplain districts.
Floodway District (FW)
(1) Permitted Uses
The following uses, subject to the standards set forth in Section 3.2.1(d)(2) below are permitted uses
if otherwise allowed in the underlying zoning district or any applicable overlay district:
General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
Industrial-commercial loading areas, parking areas, and airport landing strips.
Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple
purpose recreational trails.
Residential lawns, gardens, parking areas, and play areas.
Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit.
(2) Standards for Floodway Permitted Uses
The use must have a low flood damage potential.
The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment.
Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the
area is inundated to a depth and velocity such that the depth in feet) multiplied by the velocity ( in feet per second) would exceed a product of four upon
occurrence of the regional (1% chance) flood.
(3) Conditional Uses
The following uses may be allowed as conditional uses following the standards and procedures set
forth in Section 3.2.1(j)(4) of this Unified Development Ordinance and further subject to the
standards set forth in Section 3.2.1(d)(4) below, if otherwise allowed in the underlying zoning district
or any applicable overlay district.
Structures accessory to the uses listed in Section 3.2.1(d)(1)(A), (1)(B), and (1)(C)
above and the uses listed in in Section 3.2.1(d)(3)(A) and (3)(B) below.
Extraction and storage of sand, gravel, and other materials.
Marinas, boat rentals, docks, piers, wharves, and water control structures.
Storage yards for equipment, machinery, or materials.
Placement of fill or construction of fences that obstruct flood flows. Farm fences, as
defined Section 3.2.1(b)(9)(A) are permitted uses.
Travel-ready recreational vehicles meeting the exception standards in Section
3.2.1(i)(2)(B).
Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
(4) Standards for Floodway Conditional Uses
All Uses.
A conditional use must not cause any increase in the stage of the 1% chance or regional flood
or cause an increase in flood damages in the reach or reaches affected.
(A) Fill; Storage of Materials and Equipment:
i. 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.
ii. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must
be protected from erosion by vegetative cover, mulching, riprap or other acceptable
method. Permanent sand and gravel operations and similar uses must be covered by a
long-term site development plan.
iii. Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1% percent chance or regional flood may only be allowed if
the City has approved a plan that assures removal of the materials from the floodway
based upon the flood warning time available.
(B) Accessory Structures.
Accessory structures, as identified in Section 3.2.1(d)(3)(A) above may be permitted, provided
that:
i. structures are not intended for human habitation;
ii. structures will have a low flood damage potential;
iii. structures will be constructed and placed so as to offer a minimal obstruction to the
flow of flood waters;
iv. Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly
floodproofed;
v. Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed
structures must be adequately anchored to prevent flotation, collapse or lateral
movement and designed to equalize hydrostatic flood forces on exterior walls.
vi. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3
or FP4 floodproofing classifications in the State Building Code, provided the accessory
structure constitutes a minimal investment and does not exceed 576 square feet in size.
Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
b. 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.
Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of
Minnesota Statutes, Section 103G.245.
A levee, dike or floodwall constructed in the floodway must not cause an increase to
the 1% chance or regional flood. The technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage
system.
Flood Fringe District (FF)
(1) Permitted Uses
Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 3.2.1(d)(2) below. If no pre-existing, underlying zoning districts
exist, then any residential or nonresidential structure or use of a structure or land is a permitted use
provided it does not constitute a public nuisance.
(2) Standards for Flood Fringe Permitted Uses
All structures, including accessory structures, must be elevated on fill so that the
lowest floor, as defined, is at or above the regulatory flood protection elevation.
The finished fill elevation for structures must be no lower than one foot below
the regulatory flood protection elevation and the fill must extend at the same
elevation at least 15 feet beyond the outside limits of the structure.
Accessory Structures. As an alternative to the fill requirements of Section
3.2.1(e)(2)(A) noted above, structures accessory to the uses identified in Section
3.2.1(e)(1) above may be permitted to be internally/wet floodproofed to the FP3
or FP4 floodproofing classifications in the State Building Code, provided that:
i. The accessory structure constitutes a minimal investment, does not exceed 576 square
feet in size, and is only used for parking and storage.
ii. All portions of floodproofed accessory structures below the Regulatory Flood
Protection Elevation must be:
a. adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls;
b. be constructed with materials resistant to flood damage; and
c. must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation.
iii. Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
b. 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.
The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in
accordance with Section 3.2.1(e)(2)(A) of this Unified Development Ordinance, or
if allowed as a conditional use under Section 3.2.1(e)(3)(C) below.
The storage of any materials or equipment must be elevated on fill to the regulatory
flood protection elevation.
All service utilities, including ductwork, must be elevated or water-tight to prevent
infiltration of floodwaters.
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.
All fill must be properly compacted, and the slopes must be properly protected by
the use of riprap, vegetative cover or other acceptable method.
All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation or must
have a flood warning / emergency evacuation plan acceptable to the City.
Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used
by employees or the general public must be designed with a flood warning
system that provides adequate time for evacuation if the area is inundated to a
depth and velocity such that the depth (in feet) multiplied by the velocity ( in
feet per second) would exceed a product of four upon occurrence of the
regional (1% chance) flood.
Interference with normal manufacturing/industrial plant operations must be
minimized, especially along streams having protracted flood durations. In
considering permit applications, due consideration must be given to the needs
of industries with operations that require a floodplain location.
Manufactured homes and recreational vehicles must meet the standards of Section
3.2.1(i) of this Unified Development Ordinance.
(3) Conditional Uses
The following uses and activities may be allowed as conditional uses, if allowed in the underlying
zoning district(s) or any applicable overlay district, following the procedures in Section 3.2.1(j)(4) of
this Unified Development Ordinance.
Any structure that is not elevated on fill or floodproofed in accordance with Section
3.2.1(e)(2)(A) and 2.B of this Unified Development Ordinance.
Storage of any material or equipment below the regulatory flood protection
elevation.
The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 3.2.1(e)(2)(A) of this
Unified Development Ordinance.
The use of methods to elevate structures above the regulatory flood protection
elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas
such as crawl spaces or tuck under garages, shall meet the standards in Section
3.2.1(e)(4)(F) below.
(4) Standards for Flood Fringe Conditional Uses
The standards listed in Section 3.2.1(e)(2)(D) through 2.J above apply to all
conditional uses.
Basements, as defined by Section 3.2.1(b)(9)(A) of this Unified Development
Ordinance, are subject to the following:
i. Residential basement construction is not allowed below the regulatory flood protection
elevation; and
ii. Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance with the
below Section 3.2.1(e)(4)(C) of this Unified Development Ordinance.
All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with
the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure
watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
iii. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
iv. The plan must be prepared and certified by a registered professional engineer or other
qualified individual acceptable to the City.
v. The plan may incorporate alternative procedures for removal of the material from the
floodplain if adequate flood warning time exists.
Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
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. 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:
vi. Design and Certification – The structure’ s design and as-built condition must be
certified by a registered professional engineer 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.
vii. Specific Standards for Above-grade, Enclosed Areas - 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. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing 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 of enclosed area 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
b. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.
General Floodplain District (GF)
(1) Permitted Uses
The uses listed in Section 3.2.1(d)(1) of this Unified Development Ordinance,
Floodway District Permitted Uses, are permitted uses.
All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 3.2.1(f)(2) below. Section 3.2.1(d) applies if the proposed use is
determined to be in the Floodway District. Section 3.2.1(e) applies if the
proposed use is determined to be in the Flood Fringe District.
(2) Procedures for Floodway and Flood Fringe Determinations
Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably
utilize any regional flood elevation and floodway data available from a federal,
state, or other source.
If regional flood elevation and floodway data are not readily available, the applicant
must furnish additional information, as needed, to determine the regulatory
flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted
hydrological and hydraulic engineering standards and the standards in Section
3.2.1(f)(2)(C) below.
The determination of floodway and flood fringe must include the following
components, as applicable:
Estimate the peak discharge of the regional (1% chance) 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 one-half (0.5) foot. A lesser stage increase than 0.5 foot is
required if, as a result of the stage increase, increased flood damages would result. An
equal degree of encroachment on both sides of the stream within the reach must be
assumed in computing floodway boundaries.
The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe
District boundary. The assessment must include the cumulative effects of
previous floodway encroachments. The Zoning Administrator may seek technical
assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the
Zoning Administrator may approve or deny the application.
Once the Floodway and Flood Fringe District boundaries have been determined, the
Zoning Administrator must process the permit application consistent with the applicable provisions of Sections 3.2.1(d) and 3.2.1(e) of this Unified
Development Ordinance.
Land Development Standards
(1) In General
Recognizing that flood prone areas may exist outside of the designated floodplain districts, the
requirements of this section apply to all land within the City of Brooklyn Center.
(2) Subdivisions
(A) No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered
subdivisions under this Unified Development Ordinance.
All lots within the floodplain districts must be able to contain a building site outside
of the Floodway District at or above the regulatory flood protection elevation.
All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection
elevation, unless a flood warning emergency plan for the safe evacuation of all
vehicles and people during the regional (1% chance) flood has been approved
by the City. The plan must be prepared by a registered engineer or other
qualified individual, and must demonstrate that adequate time and personnel
exist to carry out the evacuation.
For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation
of all access roads must be clearly labeled on all required subdivision drawings
and platting documents.
In the General Floodplain District, applicants must provide the information required
in Section 3.2.1(f)(2) of this Unified Development Ordinance to determine the
regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal must be reviewed to assure that:
i. All such proposals are consistent with the need to minimize flood damage within the
flood prone area;
ii. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
iii. Adequate drainage is provided to reduce exposure of flood hazard.
(3) Building Sites
If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
Constructed with materials and utility equipment resistant to flood damage;
Constructed by methods and practices that minimize flood damage; and
Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
Public Utilities, Railroads, Roads, and Bridges
(1) Public Utilities
All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located
in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.
(2) Public Transportation Facilities
Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 3.2.1(d) and 3.2.1(e) of this Unified Development Ordinance. These transportation facilities must be
elevated to the regulatory flood protection elevation where failure or interruption of these facilities
would result in danger to the public health or safety or where such facilities are essential to the
orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower
elevation where failure or interruption of transportation services would not endanger the public
health or safety.
(3) On-site Water Supply and Sewage Treatment 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 are subject to the provisions
in Minnesota Rules Chapter 4725.4350, as amended; 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, they must not be subject to impairment
or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.
(4) Recreational Vehicles
New recreational vehicle parks or campgrounds and expansions to existing
recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks
or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this Unified Development
Ordinance.
Recreational vehicles are exempt from the provisions of this Unified Development
Ordinance if they are placed in any of the following areas and meet the criteria listed in Section 3.2.1(i)(2)(C) below.
i. Individual lots or parcels of record.
ii. Existing commercial recreational vehicle parks or campgrounds.
iii. Existing condominium-type associations.
Criteria for Exempt Recreational Vehicles:
iv. The vehicle must have a current license required for highway use.
v. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks.
vi. No permanent structural type additions may be attached to the vehicle.
vii. The vehicle and associated use must be permissible in any preexisting, underlying
zoning district.
viii. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials
and be securely anchored, meeting the requirements applicable to manufactured homes in Section 3.2.1(i)(1).
ix. An accessory structure must constitute a minimal investment
Recreational vehicles that are exempt in Section 3.2.1(i)(2)(C) lose this exemption when development occurs on the site that exceeds a minimal investment for an
accessory structure such as a garage or storage building. The recreational
vehicle and all accessory structures will then be treated as new structures subject
to the elevation and floodproofing requirements of Section 3.2.1(e) of this
Unified Development Ordinance. No development or improvement on the
parcel or attachment to the recreational vehicle is allowed that would hinder the
removal of the vehicle should flooding occur.
Administration
(1) Zoning Administrator
The Zoning Administrator or other official designated by the City Manager must administer and enforce this Unified Development Ordinance.
(2) Permit Requirements
Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:
i. The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this Unified Development Ordinance.
ii. The use or change of use of a building, structure, or land.
iii. The construction of a dam, fence, or on-site septic system, although a permit is not
required for a farm fence as defined in this Unified Development Ordinance.
iv. The change or extension of a nonconforming use.
v. The repair of a structure that has been damaged by flood, fire, tornado, or any other
source.
vi. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
vii. Relocation or alteration of a watercourse (including new or replacement culverts and
bridges), unless a public waters work permit has been applied for such work.
viii. Any other type of “development” as defined in Section 3.2.1(b)(9)(A) of this Unified Development Ordinance.
Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit
application must include the following as applicable:
ix. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
x. Location of fill or storage of materials in relation to the stream channel.
xi. Copies of any required municipal, county, state or federal permits or approvals.
xii. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a
certificate of zoning compliance has been issued by the Zoning Administrator
stating that the use of the building or land conforms to the requirements of this
Unified Development Ordinance.
Certification. The applicant is 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 Unified Development Ordinance. Floodproofing measures
must be certified by a registered professional engineer or registered architect.
Record of First Floor Elevation. The Zoning Administrator must 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 floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures
and alterations or additions to structures are floodproofed.
Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters
pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency FEMA).
Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must
notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(3) Variances
Variance Applications. An application for a variance to the provisions of this Unified
Development Ordinance will be processed and reviewed in accordance with applicable state statutes and Section 6.3.1 and 6.3.8 of this Unified Development
Ordinance.
Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, or 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.
Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
i. Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would result.
ii. Variances may only be issued by a community upon the following:
a. a showing of good and sufficient cause;
b. a determination that failure to grant the variance would result in exceptional practical difficulties 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.
iii. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that:
iv. 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 for $100
of insurance coverage; and
v. Such construction below the base or regional flood level increases risks to life and
property. Such notification must be maintained with a record of all variance actions.
General Considerations. The community shall consider the following factors in
granting variances and imposing conditions on variances and conditional uses in
floodplains:
vi. The potential danger to life and property due to increased flood heights or velocities
caused by encroachments;
vii. The danger that materials may be swept onto other lands or downstream to the injury
of others;
viii. The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary conditions;
ix. The susceptibility of any proposed use and its contents to flood damage and the effect
of such damage on the individual owner;
x. The importance of the services to be provided by the proposed use to the community;
xi. The requirements of the facility for a waterfront location;
xii. The availability of viable alternative locations for the proposed use that are not subject
to flooding;
xiii. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
xiv. The relationship of the proposed use to the Comprehensive Land Use Plan and
floodplain management program for the area;
xv. The safety of access to the property in times of flood for ordinary and emergency
vehicles; and
xvi. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective
DNR area hydrologist.
Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
Record-Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances
in an annual or biennial report to the Administrator of the National Flood
Insurance Program, when requested by the Federal Emergency Management
Agency.
(4) Conditional Uses
Administrative Review. An application for a conditional use permit under the provisions of this Unified Development Ordinance will be processed and
reviewed in accordance with Section 6.3.1 and Section 6.3.2 of this Unified
Development Ordinance.
Factors Used in Decision-Making. In decisions on conditional use applications, the
City must consider all relevant factors specified in other sections of this Unified
Development Ordinance, and those factors identified in Section 3.2.1(j)(3)(E) of
this Unified Development Ordinance.
Conditions Attached to Conditional Use Permits. The City may attach such
conditions to the granting of conditional use permits as it deems necessary to
fulfill the purposes of this Unified Development Ordinance. Such conditions may
include, but are not limited to, the following:
i. Modification of waste treatment and water supply facilities.
ii. Limitations on period of use, occupancy, and operation.
iii. Imposition of operational controls, sureties, and deed restrictions.
iv. Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
v. Floodproofing measures, in accordance with the State Building Code and this Unified
Development Ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are
consistent with the regulatory flood protection elevation and associated flood factors
for the particular area.
Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed conditional
uses to the DNR sufficiently in advance to provide at least ten (10) days’ notice
of the hearing. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional
uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
Nonconformities
(1) Continuance of Nonconformities
A use, structure, or occupancy of land which was lawful before the passage or amendment of this Unified Development Ordinance but which is not in
conformity with the provisions of this Unified Development Ordinance may be
continued subject to the following conditions. Historic structures, as defined in
Section 3.2.1(b)(9)(A) of this Unified Development Ordinance, are subject to the
provisions of Section 3.2.1(k)(1)(B) through (1)(G) noted below of this Unified
Development Ordinance.
A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree
of obstruction to flood flows except as provided in Section 3.2.1(k)(1)(C) below. Expansion or enlargement of uses, structures or occupancies within the
Floodway District is prohibited.
Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the
elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted
in Section 3.2.1(k)(1)(D) and (1)(H) below.
If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the
standards of Sections 3.2.1(d) or Section 3.2.1(e) of this Unified Development Ordinance for new structures, depending upon whether the structure is in the
Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials
and a reasonable cost placed on all manpower or labor.
If any nonconforming use, or any use of a nonconforming structure, is discontinued
for more than one year, any future use of the premises must conform to this Unified Development Ordinance. The Assessor must notify the Zoning
Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.
If any nonconformity is substantially damaged, as defined in Section 3.2.1(b)(9)(A) of this Unified Development Ordinance, it may not be reconstructed except in
conformity with the provisions of this Unified Development Ordinance. The applicable provisions for establishing new uses or new structures in Sections
3.2.1(d) or 3.2.1(e) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(A) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 3.2.1(b)(9)(A) of this Unified Development Ordinance, it must not be reconstructed except in
conformity with the provisions of this Unified Development Ordinance.
Any substantial improvement, as defined in Section 3.2.1(b)(9)(A) of this Unified Development Ordinance, to a nonconforming structure requires that the existing
structure and any additions must meet the requirements of Sections 3.2.1(d) or 3.2.1(e) of this Unified Development Ordinance for new structures, depending
upon whether the structure is in the Floodway or Flood Fringe District.
Penalties and Enforcement
(1) Violation Constitutes a Misdemeanor
Violation of the provisions of this Unified Development Ordinance 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) constitute a misdemeanor and will be punishable as defined
by law.
(2) Other Lawful Action
Nothing in this Unified Development Ordinance restricts the City of Brooklyn Center from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party
does not appropriately respond to the Zoning Administrator within the specified period of time,
each additional day that lapses will constitute an additional violation of this Unified Development
Ordinance and will be prosecuted accordingly.
(3) Enforcement
Violations of the provisions of this Unified Development Ordinance will be investigated and resolved in accordance with the provisions of Sections 1.2.4 and 1.2.5 of the Unified Development
Ordinance. In responding to a suspected Unified Development Ordinance violation, the Zoning
Administrator and City may utilize the full array of enforcement actions available to it 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 of Brooklyn Center must act in good faith to enforce these
official controls and to correct Unified Development Ordinance violations to the extent possible so
as not to jeopardize its eligibility in the National Flood Insurance Program.
Amendments
(1) Flood Plain Designation – Restrictions on Removal
The floodplain designation on the Official Zoning Map must not be removed from floodplain 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 floodplain. Special exceptions to this
rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the
Commissioner determines that, through other measures, lands are adequately protected for the
intended use.
(2) Amendments Require DNR Approval
All amendments to this Unified Development Ordinance must be submitted to and approved by the
Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner
must approve the amendment prior to community approval.
(3) Map Revisions Require Code Amendments
The floodplain district regulations must be amended to incorporate any revisions by the Federal
Emergency Management Agency to the floodplain maps adopted in Section 3.2.1(b)(3) of this
Unified Development Ordinance.
3.1.2 SL – Shoreland
Statutory Authorization and Policy
(1) Statutory Authorization
This shoreland section is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103F, Minnesota Rules, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Chapter 462.
(2) Policy
The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and
thus preserve and enhance the quality of surface waters, conserve the economic and natural
environmental values of shorelands, and provide for the wise use of waters and related land
resources. This responsibility is hereby recognized by the City of Brooklyn Center.
General Provisions and Definitions
(1) Jurisdiction
The provisions of this section apply to the shorelands of the public water bodies as classified in Section 3.2.2.(d)(1) of this Unified Development Ordinance.
Pursuant to Minnesota Rules, Parts 6120.2500 - 6120.3900, no lake, pond, or
flowage less than 10 acres in size in municipalities or 25 acres in size in
unincorporated areas need be regulated in a local government’s shoreland regulations. A body of water created by a private user where there was no previous shoreland may,
at the discretion of the governing body, be exempt from this Unified Development
Ordinance.
The Mississippi River and adjacent river corridor lands are designated and classified as a
“Critical Area” by the State of Minnesota and are regulated by provisions of the
Mississippi River Corridor Critical Area Overlay District, Section 3.1.3 of this code, and
any other applicable provisions, whichever is more restrictive.
(2) Enforcement
The City Manager or designee is responsible for the administration and enforcement of
this Unified Development Ordinance. Any violation of the provisions of this Unified Development Ordinance 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 constitutes a misdemeanor and is punishable as defined
by law. Violations of this Unified Development Ordinance can occur regardless of
whether or not a permit is required for a regulated activity listed in Section 4 of this Unified Development Ordinance.
(3) District Application
The Shoreland Overlay is applied over zoning districts as identified in the official city
Shoreland Areas Map. Regulations and requirements imposed by the Shoreland Overlay shall be enforced in addition to those in the base zoning district. In instances where two
or more overlay districts apply, the more restrictive requirements shall apply.
(4) Definitions
Unless specifically defined in Section 9, words or phrases used in this Unified Development Ordinance must be interpreted according to common usage and so as to
give this Unified Development Ordinance its most reasonable application.
Administration
(1) Purpose
The purpose of this Section is to identify administrative provisions to ensure this (section, chapter, or article) is administered consistent with its purpose.
(2) Permits
(A) A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation
and/or alteration of sewage treatment systems, and those grading
and filling activities not exempted by section 3.2.2(g)(3) of this
Unified Development Ordinance.
(B) A certificate of compliance, consistent with Minnesota Rules Part 7082.0700 Subp. 3, is required whenever a permit or variance of any type is required for any improvement on or use of the
property. A sewage treatment system shall be considered
compliant if the only deficiency is the system’s improper setback
from the ordinary high water level.
(3) Application materials.
(A) Application for permits and other zoning applications such as variances shall be made to the Zoning Administrator on the forms
provided. The application shall include the necessary information so
that the Zoning Administrator can evaluate how the application
complies with the provisions of this Unified Development
Ordinance.
(4) Certificate of Zoning Compliance.
The Zoning Administrator shall issue a certificate of zoning compliance for each activity
requiring a permit as specified in Section 3.2.2 of this Unified Development Ordinance. This certificate will specify that the use of land conforms to the requirements of this Unified Development Ordinance. Any use, arrangement, or construction at variance with
that authorized by permit shall be deemed a violation of this Unified Development
Ordinance and shall be punishable as provided in Section 1.2 of this Unified
Development Ordinance.
(5) Variances.
Variances may only be granted in accordance with Minnesota Statutes, Section 462.357
and are subject to the following:
(A) A variance may not circumvent the general purposes and intent of this Unified Development Ordinance; and
(B) For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minnesota Rules Chapter 7082.0700
Subp. 3, is required for variance approval. A sewage treatment
system shall be considered compliant if the only deficiency is the
system’s improper setback from the ordinary high water level.
(6) Conditional Uses
All conditional uses in the shoreland area are subject to a thorough evaluation of the waterbody and the topographic, vegetation, and soil conditions to ensure:
(A) The prevention of soil erosion or other possible pollution of public
waters, both during and after construction;
(B) The visibility of structures and other facilities as viewed from public
waters is limited;
(C) There is adequate water supply and on-site sewage treatment; and
(D) The types, uses, and numbers of watercraft that the project will
generate are compatible in relation to the suitability of public
waters to safely accommodate these watercrafts.
(7) Mitigation
(A) In evaluating all variances, conditional uses, zoning and building permit applications, the zoning authority shall require the property
owner to address when appropriate the following conditions, when
related to and proportional to the impact, to meet the purpose of
this Unified Development Ordinance, to protect adjacent properties,
and the public interest:
i. Advanced storm water runoff management treatment;
ii. Reducing impervious surfaces;
iii. Increasing setbacks from the ordinary high water level;
iv. Restoration of wetlands;
v. Limiting vegetation removal and/or riparian vegetation restoration;
vi. Provisions for the location, design, and use of structures, sewage
treatment systems, water supply systems, watercraft launching and
docking areas, and parking areas; and
vii. Other conditions the zoning authority deems necessary.
(B) In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes,
conditions to prevent erosion and to preserve existing vegetation
screening of structures, vehicles, and other facilities as viewed from
the surface of public waters assuming summer, leaf-on vegetation
shall be attached to permits.
(8) Notifications to the Department of Natural Resources.
(A) All amendments to this shoreland section must be submitted to the Department of Natural Resources for review and approval for
compliance with the statewide shoreland management rules. The
City of Brooklyn Center will submit the proposed amendments to
the commissioner or the commissioner’s designated representative
at least 30 days before any scheduled public hearings.
(B) All notices of public hearings to consider variances, Unified
Development Ordinance amendments, or conditional uses under
shoreland management controls must be sent to the
commissioner or the commissioner’s designated representative at
least ten (10) days before the hearings. Notices of hearings to
consider proposed subdivisions/plats must include copies of the
subdivision/plat.
(C) All approved Unified Development Ordinance amendments and
subdivisions/plats, and final decisions approving variances or
conditional uses under local shoreland management controls must
be sent to the commissioner or the commissioner’s designated
representative and postmarked within ten days of final action. When a variance is approved after the Department of Natural Resources
has formally recommended denial in the hearing record, the
notification of the approved variance shall also include the summary
of the public record/testimony and the findings of facts and
conclusions which supported the issuance of the variance.
(D) Any request to change the shoreland management classification of
public waters within Brooklyn Center must be sent to the
commissioner or the commissioner’s designated representative for
approval, and must include a resolution and supporting data as
required by Minnesota Rules, part 6120.3000.
(E) Any request to reduce the boundaries of shorelands of public waters within Brooklyn Center must be sent to the commissioner or
the commissioner’s designated representative for approval and
must include a resolution and supporting data. The boundaries of
shorelands may be reduced when the shoreland of water bodies
with different classifications overlap. In these cases, the topographic
divide between the water bodies shall be used for adjusting the
boundaries.
(9) Mandatory EAW.
An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300.
Shoreland Classification System and Land Uses
(1) Purpose
To ensure that shoreland development on the public waters of Brooklyn Center is
regulated consistent with the classifications assigned by the commissioner under Minnesota Rules, part 6120.3300.
(A) Lakes are classified as follows:
Middle Twin 27004202
Upper Twin 27004201
Recreational Development
Ryan 27005800
Natural Environment
Palmer 27005900
(2) Land Uses
(A) Purpose. To identify land uses that are compatible with the
protection and preservation of shoreline resources in order to
conserve the economic and environmental values of shoreland and
sustain water quality.
(B) Shoreland district land uses listed below are regulated as:
i. Permitted uses (P). These uses are allowed, provided all standards in this Unified Development Ordinance are followed;
ii. Conditional uses (C). These uses are allowed through a conditional use permit. The use must be evaluated according to the criteria in Section
3.2.2(c)(5) of this Unified Development Ordinance and any additional
conditions listed in this Unified Development Ordinance; and
iii. Not permitted uses (N). These uses are prohibited.
(C) Land Uses for lake, river, and stream classifications:
General Development
Lake Classification DNR Public Waters I.D. #
Lake Classification
Land Uses General
Development
Recreational
Development
Natural
Environment
Single residential P P P
Duplex, triplex, quad residential P P C
Residential PUD C C C
Water-dependent commercial - As accessory
to a residential planned unit development C C C
Commercial P P C
Commercial PUD - Limited expansion of a commercial planned unit development
involving up to six additional dwelling units or sites may be allowed as a permitted use
provided the provisions of Section 10.0 of this UDO are satisfied.
C
C
C
Parks & historic sites C C C
Public, semipublic P P C
Industrial C C N
Agricultural: cropland and pasture P P P
Agricultural feedlots - New N N N
Agricultural feedlots - Expansion or
resumption of existing C C C
Forest management P P P
Forest land conversion C C C
Extractive use C C C
Mining of metallic minerals and peat P P P
Special Land Use Provisions
(1) Commercial, Industrial, Public, and Semipublic Use Standards
(A) Water-dependent uses may be located on parcels or lots with frontage on public waters provided that:
i. The use complies with the provisions of Section 3.2.2(f).
ii. The use is designed to incorporate topographic and vegetative screening of parking areas and structures;
iii. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need; and
iv. Uses that depend on patrons arriving by watercraft may use signs and lighting, provided that:
a. Signs placed in or on public waters must only convey directional information or safety messages and may only be placed by a public authority or under a permit issued by the county sheriff; and
b. Signs placed within the shore impact zone are:
i. No higher than ten feet above the ground, and no greater than 32 square feet in size; and
ii. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination across public waters; and
c. Other lighting may be located within the shore impact zone or over public waters if it is used to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination
across public waters. This does not preclude use of navigational lights.
(B) Commercial, industrial, public, and semi-public uses that are not
water-dependent must be located on lots or parcels without public
waters frontage, or, if located on lots or parcels with public waters
frontage, must either be set back double the ordinary high water
level setback or be substantially screened from view from the water
by vegetation or topography, assuming summer, leaf-on conditions.
(2) Agriculture Use Standards
(A) Buffers.
i. The shore impact zone for parcels with permitted agricultural land uses is
equal to a line parallel to and 50 feet from the ordinary high water level.
ii. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes
and shore and bluff impact zones are maintained in perennial vegetation
or operated under an approved conservation plan that includes alternative
riparian water quality practices consistent with the field office technical
guides of the local soil and water conservation district or the Natural
Resource Conservation Service, and as approved by the local soil and
water conservation district.
(B) New animal feedlots are not allowed in shoreland.
Modifications or expansions to existing feedlots or resumption
of old feedlots are conditional uses and must meet the
following standards:
i. Feedlots must be designed consistent with Minnesota Rules, Chapter 7020;
ii. Feedlots must not further encroach into the existing ordinary high water level setback or the bluff impact zone and must not expand to a capacity
of 1,000 animal units or more; and,
iii. Old feedlots not currently in operation may resume operation
consistent with Minnesota Statutes, Section 116.0711.
Dimensional and General Performance Standards
(1) Purpose
To establish dimensional and performance standards that protect shoreland resources
from impacts of development.
(2) Lot Area and Width Standards
Lot Area and Width Standards. After the effective date of this Unified Development
Ordinance, all new lots must meet the minimum lot area and lot
width requirements in Sections 2.2 through 2.6, subject to the following standards:
(A) Only lands above the ordinary high water level can be used to meet
lot area and width standards;
(B) Lot width standards must be met at both the ordinary high water
level and at the building line;
(C) The sewer lot area dimensions can only be used if publicly owned sewer system service is available to the property;
(D) Residential subdivisions with dwelling unit densities exceeding those in Sections 2.2 through 2.5 are allowed only if designed and
approved as residential PUDs under Section
2.6 of this Unified Development Ordinance; and
(E) Lake Minimum Lot Area and Width Standards:
General Development – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 15,000 75 10,000 75
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
Recreational Development – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 20,000 75 15,000 75
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
Natural Environment – Sewer
Riparian Nonriparian
Lot Area (sf) Lot Width (ft) Lot Area (sf) Lot Width (ft)
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
(3) Special Residential Lot Provisions
(A) Subdivisions of duplexes, triplexes, and quads are conditional uses
on Natural Environment Lakes and must also meet the following
standards:
i. Each building must be set back at least 200 feet from the ordinary high water level;
ii. Each building must have common sewage treatment and water systems
in one location and serve all dwelling units in the building;
iii. Watercraft docking facilities for each lot must be centralized in one
location and serve all dwelling units in the building; and
iv. No more than 25 percent of a lake’s shoreline can be in duplex,
triplex, or quad developments.
(B) One guest cottage may be allowed on lots meeting or
exceeding the duplex lot area and width dimensions
presented in Sections 3.2.2(e)(2) provided the following
standards are met:
i. For lots exceeding the minimum lot dimensions of duplex lots, the guest
cottage must be located within an area equal to the smallest duplex-
sized lot that could be created including the principal dwelling unit;
ii. A guest cottage must not cover more than 700 square feet of land
surface and must not exceed 15 feet in height; and
iii. A guest cottage must be located or designed to reduce its visibility as
viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer leaf-on conditions.
(C) Controlled access lots are permissible if created as part of a subdivision and in compliance with the following standards:
i. The lot must meet the area and width requirements for residential lots, and be suitable for the intended uses of controlled access lots as provided in
Section iv below.
ii. If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot
(keeping the same lot depth) must be increased by a percentage of the
requirements for riparian residential lots for each watercraft beyond six,
consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of Lake Size to Shore Length
(acres/mile)
Required Percent Increase in
Frontage
Less than 100 25%
100 – 200 20%
201 – 300 15%
301 – 400 10%
Greater than 400 5%
iii. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided
riparian access rights on the access lot; and
iv. Covenants or other equally effective legal instruments must be
developed that:
a. Specify which lot owners have authority to use the access lot;
b. Identify what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, docking, swimming, sunbathing, or picnicking;
c. Limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water;
d. Require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations; and
e. Require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical
from view from the public water, assuming summer, leaf-on conditions.
(4) Placement, Height, and Design of Structures
(A) Placement of Structures and Sewage Treatment Systems on Lots.
When more than one setback applies to a site, structures and facilities must be
located to meet all setbacks, and comply with the following OHWL setback provisions:
Classification Structures
Sewer (ft)
Sewage Treatment
System (ft)
Natural Environment
Recreational Development
General Development
150
75
50
150
75
50
(B) OHWL Setbacks.
Structures, impervious surfaces, and sewage treatment systems must meet setbacks
from the Ordinary High Water Level (OHWL), except that one water- oriented accessory structure or facility, designed in accordance with Section 3.2.2(f)(3) of this
Unified Development Ordinance, may be set back a minimum distance of ten (10)
feet from the OHWL:
(C) Setback averaging.
Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the
adjoining setbacks from the OHWL, provided the proposed structure is not located
in a shore impact zone or in a bluff impact zone;
(D) Setbacks of decks.
Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria are
met:
i. The structure existed on the date the structure setbacks were
established;
ii. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing
ordinary high water level setback of the structure;
iii. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the
ordinary high water level or is no closer than 30 feet from the OHWL,
whichever is more restrictive; and
iv. The deck is constructed primarily of wood and is not roofed or
screened.
(E) Additional structure setbacks.
Structures must also meet the following setbacks, regardless of the waterbody
classification:
Setback from: Setback (ft)
Top of bluff 30 (40 for
Mississippi River)
Unplatted cemetery 50
Right-of-way line of federal, state, or county highway 50
Right-of-way line of town road, public street, or other roads not classified 20
(F) Bluff Impact Zones.
Structures, impervious surfaces, and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
(G) Height of Structures.
All structures in residential districts, except places of religious assembly and nonresidential agricultural structures, must not exceed 25 feet in height.
(H) Lowest Floor Elevation.
Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined
as follows:
i. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high
water level, whichever is higher;
ii. For rivers and streams, by placing the lowest floor at least three feet above
the highest known flood elevation. If data are not available, by placing the
lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed
construction upon flood stages and flood flows and to establish a flood
protection elevation. Under all three approaches, technical evaluations
must be done by a qualified engineer or hydrologist consistent with
Minnesota Rules, parts 6120.5000 to 6120.6200 governing the
management of floodplain areas. If more than one approach is used, the
highest flood protection elevation determined must be used for placing structures and other facilities; and
iii. If the structure is floodproofed instead of elevated under items i and ii above,
then it must be floodproofed in accordance with Minnesota Rules, part
6120.5900.
(I) Significant Historic Sites.
No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been
removed and documented in a public repository.
(5) Water Supply and Sewage Treatment
(A) Water Supply.
Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the
Minnesota Pollution Control Agency.
(B) Sewage treatment.
Any premises used for human occupancy must be connected to a publicly-
owned sewer system, where available or comply with Minnesota Rules, Chapters 7080 – 7081.
Performance Standards for Public and Private Facilities
(1) Placement and Design of Roads, Driveways, and Parking Areas.
Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening as viewed from
public waters and comply with the following standards:
(A) Roads, driveways, and parking areas must meet structure setbacks
and must not be placed within bluff and shore impact zones, when
other reasonable and feasible placement alternatives exist. If no
alternatives exist, they may be placed within these areas, and must
be designed to minimize adverse impacts;
(B) Watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided
the vegetative screening and erosion control conditions of this
subpart are met;
(C) Private facilities must comply with the grading and filling provisions
of Subsection g (Vegetation and Land Alteration) of this Unified
Development Ordinance; and
(D) For public roads, driveways and parking areas, documentation must be provided by a qualified individual that they are designed and
constructed to minimize and control erosion to public waters
consistent with the field office technical guides of the local soil and
water conservation district, or other applicable technical materials.
(2) Stairways, Lifts, and Landings.
Stairways and lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts, and landings must meet the following design requirements:
(A) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial
properties, public recreational uses, and planned unit
developments;
(B) Landings for stairways and lifts on residential lots must not exceed
32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public-space recreational uses, and
planned unit developments;
(C) Canopies or roofs are prohibited on stairways, lifts, or
landings;
(D) Stairways, lifts, and landings may be either constructed above the
ground on posts or pilings, or placed into the ground, provided
they are designed and built in a manner that ensures control of soil erosion;
(E) Stairways, lifts, and landings must be located in the least visible portion of the lot as viewed from the surface of the public water
assuming summer, leaf-on conditions, whenever practical; and
(F) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore
areas, if they are consistent with the dimensional and performance
standards of Section 3.2.2(a) through (f) above, and the
requirements of Minnesota Rules, Chapter 1341.
(3) Water-oriented Accessory Structures or Facilities.
Each residential lot may have one water-oriented accessory structure or facility if it
complies with the following provisions:
(A) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than
120 square feet. The structure or facility may include detached
decks not exceeding eight feet above grade at any point or at-
grade patios;
(B) The structure or facility is not in the Bluff Impact Zone;
(C) The setback of the structure or facility from the ordinary high water
level must be at least ten feet;
(D) The structure is not a boathouse or boat storage structure as defined under Minnesota Statutes, Section 103G.245;
(E) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer, leaf-on
conditions;
(F) The roof may be used as an open-air deck with safety rails, but must
not be enclosed with a roof or sidewalls or used as a storage area;
(G) The structure or facility must not be designed or used for
human habitation and must not contain water supply or
sewage treatment facilities;
(H) As an alternative for general development and recreational
development waterbodies, water-oriented accessory structures
used solely for storage of watercraft and boating- related
equipment may occupy an area up to 400 square feet provided the
maximum width of the structure is 20 feet as measured parallel to the shoreline; and
(I) Water-oriented accessory structures may have the lowest floor
placed lower than the elevation specified in Section 3.2.2(f)(4)(H) if the structure is constructed of flood-resistant materials to the
elevation, electrical and mechanical equipment is placed above the
elevation and, if long duration flooding is anticipated, the structure
is built to withstand ice action and wind-driven waves and debris.
Vegetation and Land Alterations
(1) Purpose.
Alterations of vegetation and topography are regulated to prevent erosion into public
waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent
bank slumping, sustain water quality, and protect fish and wildlife habitat.
(2) Vegetation Management
(A) Removal or alteration of vegetation must comply with the provisions of this subsection except for:
i. Vegetation alteration necessary for the construction of structures and
sewage treatment systems under validly issued permits for these facilities;
ii. The construction of public roads and parking areas if consistent with
Section 3.2.2(f)(1) of this Unified Development Ordinance;
iii. Forest management uses consistent with Section 3.2.2(e)(3) of this
Unified Development Ordinance; and
iv. Agricultural uses consistent with Section 3.2.2(e)(2) of this Unified Development Ordinance.
(B) Intensive vegetation clearing in the shore and bluff impact zones
and on steep slopes is prohibited. Intensive clearing outside of
these areas is allowed if consistent with the forest management
standards in Section 3.2.2(e)(3) of this Unified Development
Ordinance.
(C) Limited clearing and trimming of trees and shrubs in the shore and bluff impact zones and on steep slopes, is allowed to provide a view
to the water from the principal dwelling and to accommodate the
placement of stairways and landings, picnic areas, access paths,
livestock watering areas, beach and watercraft access areas, and
permitted water-oriented accessory structures or facilities, provided that:
i. The screening of structures, vehicles, or other facilities as viewed from
the water, assuming summer, leaf-on conditions, is not substantially reduced;
ii. Existing shading of water surfaces along rivers is preserved;
iii. Cutting debris or slash shall be scattered and not mounded on the ground; and
iv. Perennial ground cover is retained.
(D) Removal of trees, limbs, or branches that are dead, diseased, dying,
or pose safety hazards is allowed without a permit.
(E) Fertilizer and pesticide runoff into surface waters must be
minimized through use of vegetation, topography or both.
(3) Grading and Filling.
(A) Grading and filling activities must comply with the provisions of this
subsection except for the construction of public roads and parking
areas if consistent with Section 3.2.2(g)(1) of this Unified
Development Ordinance.
(B) Permit Requirements.
i. Grading, filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways, if part of an
approved permit, do not require a separate grading and filling permit.
However, the standards in Section 3.2.2(h)(3)(C) of this
Unified Development Ordinance must be incorporated into the permit.
ii. For all other work, including driveways not part of another permit, a
grading and filling permit is required for:
a. the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and
b. the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
(C) Grading, filling and excavation activities must meet the
following standards:
i. Grading or filling of any wetland must meet or exceed the wetland
protection standards under Minnesota Rules, Chapter 8420 and any other
permits, reviews, or approvals by other local state, or federal agencies
such as watershed districts, the DNR or US Army Corps of Engineers;
ii. Land alterations must be designed and implemented to minimize the amount of erosion and sediment from entering surface waters during and after
construction consistently by:
a. Limiting the amount and time of bare ground exposure;
b. Using temporary ground covers such as mulches or similar materials;
c. Establishing permanent vegetation cover as soon as possible;
d. Using sediment traps, vegetated buffer strips or other appropriate techniques;
e. Stabilizing altered areas to acceptable erosion control standards consistent with the field office technical guides of the soil and water conservation district;
f. Not placing fill or excavated material in a manner that creates unstable slopes. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater;
g. Fill or excavated material must not be placed in bluff impact zones;
h. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, Section 103G;
i. Alterations of topography are only allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
j. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if:
i. the finished slope does not exceed three feet horizontal to one foot vertical;
ii. the landward extent of the riprap is within ten feet of the ordinary high water level; and
iii. the height of the riprap above the ordinary high water level does
not exceed three feet.
(D) Connections to public waters.
Excavations to connect boat slips, canals, lagoons, and harbors to public waters require a public waters permit and must comply with Minnesota Rules, Chapter
6115.
(4) Stormwater Management.
(A) General Standards:
i. When possible, existing natural drainageways, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before
discharge to public waters.
ii. Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff velocities, erosion potential,
and reduce and delay runoff volumes. Disturbed areas must be stabilized
as soon as possible, and appropriate facilities or methods used to retain
sediment on the site.
iii. When development density, topography, soils, and vegetation are not
sufficient to adequately handle stormwater runoff, constructed facilities
such as settling basins, skimming devices, dikes, waterways, ponds and infiltration may be used. Preference must be given to surface drainage,
vegetation, and infiltration rather than buried pipes and man-made
materials and facilities.
(B) Specific Standards:
i. Impervious surfaces of lots must not exceed 25 percent of the lot area.
ii. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are
designed and installed consistent with the field office technical guide of
the local soil and water conservation district or the Minnesota Stormwater Manual, as applicable.
iii. New constructed stormwater outfalls to public waters must be
consistent with Minnesota Rules, part 6115.0231.
Subdivision/Platting Provisions
(1) Purpose
To ensure that new development minimizes impacts to shoreland resources and is safe
and functional.
(2) Land Suitability
Each lot created through subdivision, including planned unit developments authorized
under Section 2.6 of this Unified Development Ordinance, must be suitable in its natural
state for the proposed use with minimal alteration. A suitability analysis must be
conducted for each proposed subdivision, including planned unit developments, to
determine if the subdivision is suitable in its natural state for the proposed use with
minimal alteration and whether any feature of the land is likely to be harmful to the
health, safety, or welfare of future residents of the proposed subdivision or of the
community.
(3) Consistency with other Controls
Subdivisions and each lot in a subdivision shall meet all official controls so that a
variance is not needed later to use the lots for their intended purpose.
(4) Water and Sewer Design Standards
(A) A potable water supply and a sewage treatment system consistent
with Minnesota Rules, Chapters 7080 – 7081 must be provided for
every lot.
(B) Each lot must include at least two soil treatment and dispersal areas that support systems described in Minnesota Rules, parts 7080.2200
to 7080.223 or site conditions described in part 7081.0270, as
applicable.
(C) Lots that would require use of holding tanks are prohibited.
(5) Information requirements.
(A) Topographic contours at ten-foot intervals or less from United States Geological Survey maps or more current sources, showing limiting
site characteristics;
(B) The surface water features required in Minnesota Statutes, Section
505.021, to be shown on plats, obtained from United States
Geological Survey quadrangle topographic maps or more current sources;
(C) Adequate soils information to determine suitability for building and sewage treatment capabilities for every lot from the most current
existing sources or from field investigations such as soil borings,
percolation tests, or other methods;
(D) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore
aquatic conditions, including depths, types of bottom sediments,
and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction
activities;
(E) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data; and
(F) A line or contour representing the ordinary high water level, the
“toe” and the “top” of bluffs, and the minimum building setback
distances from the top of the bluff and the lake or stream.
(6) Dedications.
When a land or easement dedication is a condition of subdivision approval, the
approval must provide easements over natural drainage or ponding areas for
management of stormwater and significant wetlands.
(7) Platting.
All subdivisions that cumulatively create five or more lots or parcels that are 2- 1/2 acres
or less in size shall be processed as a plat in accordance with Minnesota Statutes,
Chapter 462.358 and Section 505. No permit for construction of buildings or sewage
treatment systems shall be issued for lots created after the adoption of this Unified
Development Ordinance unless the lot was previously approved as part of a formal
subdivision.
(8) Controlled Access Lots.
Controlled access lots within a subdivision must meet or exceed the lot size criteria in Section 3.2.2f(3) of this Unified Development Ordinance.
Planned Unit Developments (PUDs)
(1) Purpose
To protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential and commercial uses.
(2) Types of PUDs Permissible
Planned unit developments (PUDs) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land. Deviation from the minimum lot size standards of Sections 2.2 through
2.6 of this Unified Development Ordinance is allowed if the standards in this
Section are met.
(3) Processing of PUDs
Planned unit developments must be processed as a conditional use. An expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date
this Unified Development Ordinance was adopted is permissible as a permitted use
provided the total project density does not exceed the allowable densities calculated in
the project density evaluation procedures in 3.2.2(j)(5). Approval cannot occur until all
applicable environmental reviews are complete.
(4) Application for a PUD.
The applicant for a PUD must submit the following documents prior to final action on
the application request:
(A) Site plan and/or plat showing:
i. Locations of property boundaries;
ii. Surface water features;
iii. Existing and proposed structures and other facilities;
iv. Land alterations;
v. Sewage treatment and water supply systems (where public systems will
not be provided);
vi. Topographic contours at ten-foot intervals or less; and
vii. Identification of buildings and portions of the project that are
residential, commercial, or a combination of the two (if project combines commercial and residential elements).
(B) A property owners association agreement (for residential PUD’s)
with mandatory membership, and consistent with Section
3.2.2(j)(6) of this Unified Development Ordinance.
(C) Deed restrictions, covenants, permanent easements or other
instruments that:
i. Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of
commercial buildings in residential PUDs; and
ii. Ensure the long-term preservation and maintenance of open space in
accordance with the criteria and analysis specified in Section 3.2.2(j)(6) of
this Unified Development Ordinance.
(D) A master plan/site plan describing the project and showing floor plans for all commercial structures.
(E) Additional documents necessary to explain how the PUD will be
designed and will function.
(5) Density Determination
Proposed new or expansions to existing planned unit developments must be
evaluated using the following procedures.
(A) Step 1. Identify Density Analysis Tiers. Divide the project parcel
into tiers by drawing one or more lines parallel to the ordinary
high water level at the following intervals, proceeding landward:
Classification
Tier Depth
Sewer (ft)
General Development Lakes – 1st tier 200
General Development Lakes – all other tiers 200
Recreational Development Lakes 267
All Rivers 300
(B) Step 2. Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land
below the ordinary high water level of public waters.
(C) Step 3. Determine Base Density:
i. For residential PUDs, divide the suitable area within each tier by the
minimum single residential lot area for lakes to determine the allowable
number of dwelling units, or base density, for each tier. For rivers, if a
minimum lot area is not specified, divide the tier width by the minimum
single residential lot width.
ii. For commercial PUDs:
a. Determine the average area for each dwelling unit or dwelling site within each tier. Include both existing and proposed dwelling units and sites in the calculation.
i. For dwelling units, determine the average inside living floor area of dwelling units in each tier. Do not include decks, patios, garages, or porches and basements, unless they are habitable space.
ii. For dwelling sites (campgrounds), determine the area of each dwelling site as follows:
• For manufactured homes, use the area of the manufactured home,
if known, otherwise use 1,000 sf.
• For recreational vehicles, campers or tents, use 400 sf.
iii. Select the appropriate floor area/dwelling site area ratio from the following table for the floor area or dwelling site area determined in Section (C)(ii)(a) above.
iv. Multiply the suitable area within each tier determined in (B) above by the floor area or dwelling site area ratio to yield the total floor area or dwelling site area for each tier to be used for dwelling units or dwelling sites.
v. Divide the total floor area or dwelling site area for each tier calculated in (C)(ii)(a), (iv) above by the average inside living floor area for dwelling units or dwelling site area determined in (C)(ii), (a)(i) above This yields the allowable number of dwelling units or dwelling sites, or base density, for each tier.
b. Allowable densities may be transferred from any tier to any other tier further from the waterbody but must not be transferred to any tier closer to the waterbody.
c. All PUDs with densities at or below the base density must meet the design standards in Section 3.2.2(j)(6).
(D) Step 4. Determine if the Site can Accommodate Increased
Inside Living Floor
Area or Dwelling Site
Area (sq. Ft.)
Floor Area/Dwelling Site Area Ratio
General Development
Lakes w/Sewer – all
tiers, Urban Rivers
Recreational
Development Lakes
Natural Environment
Lakes
< 200 .040 .020 .010
300 .048 .024 .012
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
800 .091 .046 .023
900 .099 .050 .025
1,000 .108 .054 .027
1,100 .116 .058 .029
1,200 .125 .064 .032
1,300 .133 .068 .034
1,400 .142 .072 .036
> 1,500 .150 .075 .038
Density:
i. The following increases to the dwelling unit or dwelling site base densities determined (B) above are allowed if the design criteria in
Section 3.2.2(j)(6) of this Unified Development Ordinance are satisfied as well as the standards in item ii below:
Shoreland Tier
Maximum Density
Increase within Each Tier
1st 50%
2nd 100%
3rd 200%
4th 200%
5th 200%
ii. Structure setbacks from the ordinary high water level:
a. Are increased to at least 50 percent greater than the minimum setback; or
b. The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least 25 percent greater than the minimum setback.
(6) Design Criteria
All PUDs must meet the following design criteria.
(A) General Design Standards.
i. All residential planned unit developments must contain at least five
dwelling units or sites.
ii. On-site water supply and sewage treatment systems must be centralized and meet the standards in Section 3.2.2(f)(5) of this Unified
Development Ordinance. Sewage treatment systems must meet the
setback standards of Section 3.2.2(f)(4) of this Unified Development
Ordinance.
iii. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development.
iv. Dwelling units or dwelling sites must be designed and located to meet
the dimensional standards in Section 3.2.2(e)(3) and (4)
v. Shore recreation facilities:
a. Must be centralized and located in areas suitable for them based on a suitability analysis.
b. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding
existing mooring sites in an existing commercially used harbor).
c. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.
vi. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks, color, or other means
acceptable to the local unit of government, assuming summer, leaf-on
conditions. Vegetative and topographic screening must be preserved, if
existing, or may be required to be provided.
vii. Accessory structures and facilities, except water oriented accessory
structures, must meet the required structure setback and must be
centralized.
viii. Water-oriented accessory structures and facilities may be allowed if they
meet or exceed design standards contained in Section 3.2.2(g) of this
Unified Development Ordinance and are centralized.
(B) Open Space Requirements.
i. Open space must constitute at least 50 percent of the total project area
and must include:
a. Areas with physical characteristics unsuitable for development in their natural state;
b. Areas containing significant historic sites or unplatted cemeteries;
c. Portions of the shore impact zone preserved in its natural or existing state as follows:
i. For existing residential PUD’s, at least 50 percent of the shore impact zone
ii. For new residential PUDs, at least 70 percent of the shore impact zone.
iii. For all commercial PUD’s, at least 50 percent of the shore impact zone.
ii. Open space may include:
a. Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public;
b. Subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; and
c. Non-public water wetlands.
iii. Open space shall not include:
a. Dwelling sites or lots, unless owned in common by an owners’ association;
b. Dwelling units or structures, except water-oriented accessory structures or facilities;
c. Road rights-of-way or land covered by road surfaces and parking areas;
d. Land below the OHWL of public waters; and
e. Commercial facilities or uses.
(C) Open Space Maintenance and Administration Requirements.
i. Open space preservation. The appearance of open space areas, including
topography, vegetation, and allowable uses, must be preserved and
maintained by use of deed restrictions, covenants, permanent easements,
public dedication, or other equally effective and permanent means. The
instruments must prohibit:
a. Commercial uses (for residential PUD’s);
b. Vegetation and topographic alterations other than routine maintenance;
c. Construction of additional buildings or storage of vehicles and other materials; and
d. Uncontrolled beaching of watercraft.
ii. Development organization and functioning. Unless an equally effective alternative community framework is established, all
residential planned unit developments must use an owners’
association with the following features:
a. Membership must be mandatory for each dwelling unit or dwelling site owner and any successive owner;
b. Each member must pay a pro rata share of the association’s expenses, and unpaid assessments can become liens on units or dwelling sites;
c. Assessments must be adjustable to accommodate changing conditions; and
d. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.
(D) Erosion Control and Stormwater Management.
i. Erosion control plans must be developed and must be consistent with the
provisions of Section 3.2.2(h)(3) of this Unified Development Ordinance.
Erosion control plans approved by a soil and water conservation district
may be required if project size and site physical characteristics warrant.
ii. Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff. For commercial PUDs, impervious surfaces within any tier must not exceed 25
percent of the tier area, except that 35 percent impervious surface
coverage may be allowed in the first tier of general development lakes
with an approved stormwater management plan and consistency with
Section 3.2.2(h) of this Unified Development Ordinance.
3.1.3 CA – Mississippi River Corridor Critical Area (MRCCA)
Authority, Intent, and Purpose
(1) Statutory Authorization.
This Mississippi River Corridor Critical Area (MRCCA) (Section 3.1.3) is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G, Minnesota
Rules, Parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 462 and 473.
(2) Policy
The Legislature of Minnesota has delegated responsibility to local governments of the
state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and
natural systems and provide for the wise use of these areas.
General Provisions and Definitions
(1) Jurisdiction
The provisions of this Section apply to land within the river corridor boundary as
described in the State Register, volume 43, pages 508 to 519 and shown on the official
zoning map (insert reference citation).
(2) Enforcement The Zoning Administrator is responsible for the administration and enforcement of this
section. Any violation of its provisions 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 constitutes a misdemeanor and is punishable as
defined by law. Violations of this Section can occur regardless of whether or not a
permit is required for a regulated activity listed in Section 3.2.
(3) Severability If any section, clause, provision, or portion of this Section is judged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this Section shall not be
affected thereby.
(4) Abrogation and Greater Restrictions 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 Sections inconsistent
with this Section are hereby repealed to the extent of the inconsistency only.
(5) Underlying Zoning Uses and standards of underlying zoning districts apply except where standards of this
overlay district are more restrictive.
(6) Definitions Unless specifically defined in Section 9, words or phrases used in this Unified
Development Ordinance must be interpreted according to common usage and so as to
give this Unified Development Ordinance its most reasonable application.
Administration
(1) Purpose
The purpose of this Section is to identify administrative provisions to ensure this Section is administered consistent with its purpose.
(2) Permits
A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of
sewage treatment systems, vegetation removal, and land alterations consistent with this Chapter.
(3) Variances.
Variances to the requirements under this Section may only be granted in accordance with Minnesota Statutes, Section 462.357 and must consider the potential impacts of
variances on primary conservation areas (PCAs), public river corridor views (PRVCs),
and other resources identified in the MRCCA plan. In reviewing the variance application the City of Brooklyn Center shall:
(A) Evaluate the impacts to these resources. and if negative impacts are
found, require conditions to mitigate the impacts that are related to
and proportional to the impacts, consistent with Section 3.2.3(e) and
(B) Make written findings that the variance is consistent with Section 6.3 and with the following criteria.
i. The extent, location and intensity of the variance will be in substantial
compliance with the MRCCA Plan;
ii. The variance is consistent with the character and management
purpose of the MRCCA district in which it is located;
iii. The variance will not negatively impact birds and other wildlife using the Mississippi Flyway through habitat loss, collision threats, or light pollution,
in compliance with Minnesota B3 guidelines version 3.2, Site and Water
Guideline: S. 5 Animal Habitat Support;
iv. The variance will not limit public access to parklands and the River;
v. The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when
considered in the context of past, present and reasonable future actions.
(4) Conditional and Interim Use Permits
All conditional and interim uses, required under this Section, must comply with
Minnesota Statutes, section 462.3595 and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified
in the MRCCA plan. In reviewing the application, the City shall:
(A) Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to
and proportional to the impacts, consistent with Section 3.2.3(j); and
(B) Make written findings that the conditional use is consistent with
the purpose of this Section, as follows.
i. The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan;
ii. The conditional use is consistent with the character and management
purpose of the MRCCA district in which it is located;
iii. The conditional use permit will not negatively impact birds and other wildlife using the Mississippi Flyway through habitat loss, collision threats,
or light pollution, in compliance with Minnesota B3 guidelines version 3.2,
Site and Water Guideline: S. 5 Animal Habitat Support;
iv. The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when
considered in the context of past, present and reasonable future actions.
(5) Conditions of Approval.
The City shall evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the
impacts that are related to and proportional to the impacts.
Mitigation may include:
(A) Restoration of vegetation identified as “vegetation restoration priorities” identified in the MRCCA plan;
(B) Preservation of existing vegetation;
(C) Stormwater runoff management;
(D) Reducing impervious surface;
(E) Increasing structure setbacks;
(F) Wetland and drainageway restoration and/or preservation; and
(G) Other conservation measures, including;
i. Increasing and/or improving habitat for pollinators, birds and other
wildlife using native trees, shrubs and other vegetation.
(6) Application materials.
Applications for permits and discretionary actions required under this Section must
submit the following information unless the City determines that the information is not needed.
(A) A detailed project description; and
(B) Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe:
i. Primary conservation areas;
ii. Public river corridor views;
iii. Buildable area;
iv. Existing and proposed topography and drainage patterns;
v. Proposed storm water and erosion and sediment control practices;
vi. Existing and proposed vegetation to be removed and established;
vii. Ordinary high water level, blufflines, and all required setbacks;
viii. Existing and proposed structures;
ix. Existing and proposed impervious surfaces; and
x. Existing and proposed subsurface sewage treatment systems.
(7) Nonconformities.
(A) All legally established nonconformities as of the date of this Unified
Development Ordinance may continue consistent with Minnesota
Statute 462.357.
(B) New structures erected in conformance with the setback averaging provisions of Section 3.2.3(f)(4)(D) are conforming structures.
(C) Site alterations and expansion of site alterations that were
legally made prior to the effective date of this Unified
Development Ordinance are conforming. Site alterations include
vegetation, erosion control, storm water control measures, and
other nonstructural site improvements.
(D) Legally nonconforming principal structures that do not meet the setback requirements of Section 3.2.3(f)(2) may be expanded
laterally provided that:
i. The expansion does not extend into the shore or bluff impact zone or further
into the required setback than the building line of the existing principal
structure (See Figure 5); and
ii. The expanded structure’s scale and bulk is consistent with that of the
original structure and existing surrounding development.
Figure 5. Expansion of Nonconforming Structure
(8) Notifications
(A) Amendments to this Section and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules,
part 6106.0070.
(B) Notice of public hearings for discretionary actions, including
conditional and interim use permits, variances, appeals, rezonings,
preliminary plats, final subdivision plats, and PUDs, must be sent to the following entities at least ten (10) days prior to the hearing:
i. The Commissioner in a format prescribed by the DNR;
ii. National Park Service; and
iii. Where building heights exceed the height limits specified in Section
3.2.3(f)(2) as part of the conditional use or variance process, adjoining local
governments within the MRCCA, including those with overlapping
jurisdiction and those across the river.
(C) Notice of final decisions for actions in Section 3.2.3(c)(8)(B),
including findings of fact, must be sent to the Commissioner, the
National Park Service, and adjoining local governments within the
MRCCA within ten (10) days of the final decision.
(D) Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100.
(9) Accommodating disabilities.
Reasonable accommodations for ramps or other facilities to provide persons with
disabilities access to the persons’ property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules,
chapter 1341, must:
(A) Comply with Sections 3.2.3(f) through (l); or
(B) If Sections 3.2.3(f) through (I) cannot be complied with, ramps or other facilities are allowed with an administrative permit provided:
i. The permit terminates on either a specific date or upon occurrence of a
particular event related to the person requiring accommodation; and
ii. Upon expiration of the permit, the ramp or other facilities must be removed.
MRCCA Districts
(1) Purpose.
The purpose of this Section is to establish districts under which building height and
structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district.
(2) District Application
MRCCA Districts are overlaid over zoning districts as identified in the official city Zoning
Map. Regulations and requirements imposed by MRCCA Districts shall be
enforced in addition to those in the base zoning district. In instances where two or more overlay districts apply, the more restrictive requirements shall apply.
(3) District description and management purpose.
The MRCCA within the City is divided into the following MRCCA Districts:
(A) River Neighborhood (RN).
i. Description.
The RN District is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The district
includes parks and open space, limited commercial development, marinas, and
related land uses.
ii. Management Purpose
The RN District must be managed to maintain the character of the river corridor
within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor
views, and scenic, natural, and historic areas. Minimizing erosion and the flow of
untreated storm water into the river and enhancing habitat and shoreline
vegetation are priorities in the district.
(B) Separated from River (SR).
i. Description.
The SR District is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River.
ii. Management purpose.
The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are priorities in the district. The RTC district must be managed in a manner that allows continued growth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated storm water into the river, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the district.
(4) MRCCA District Map
The locations and boundaries of the MRCCA districts established by this Section are
shown on the City Zoning Map which is incorporated herein by reference. The district boundary lines are intended to follow the center lines of rivers and streams, highways,
streets, lot lines, and municipal boundaries, unless a boundary
line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale
appearing on the map.
Special Land Use Provisions
(1) Purpose
To identify development standards and considerations for land uses that have
potential to negatively impact primary conservation areas and public river corridor views.
(2) Underlying Zoning
Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for the following land uses:
(A) Agricultural use.
Perennial ground cover is required within 50 feet of the ordinary high water level and within the bluff impact zone.
(B) Feedlots.
New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with Minnesota Rules, chapter
7020.
(C) River-dependent uses.
River-dependent uses must comply with the following design standards:
i. Structures and parking area, except shoreline facilities and private roads
and conveyances serving river-dependent uses as provided in Section
3.2.3(l), must meet the dimensional and performance standards in this Section, must be designed so that they are not readily visible, and must be
screened by establishing and maintaining natural vegetation;
ii. Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must:
a. be designed in a compact fashion so as to minimize the shoreline area affected; and
b. minimize the surface area of land occupied in relation to the number of watercraft or barges to be served; and
iii. Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements.
(D) Wireless communication towers.
Wireless communication towers require a conditional or interim use permit and are subject to the following design standards:
i. The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a
location outside of the MRCCA;
ii. The tower must not be located in a bluff or shore impact zone; and
iii. Placement of the tower must minimize impacts on public river corridor views.
iv. Comply with the general design standards in Section 3.2.3(h)(2)
Structure Height and Placement and Lot Size
(1) Purpose
To establish standards that protect primary conservation areas and public river corridor
views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA.
(2) Structure Height
Structures and facilities must comply with the following standards unless identified as
exempt in Section 3.2.3(l)
(A) Structures and facilities must comply with the following
standards unless identified as exempt in Section 3.2.3(l).
i. RN District: 25 feet in residential districts, except for places of religious assembly. 35 feet for all other districts.
ii. SR District: Height is determined by underlying zoning, provided the allowed height is consistent with that of the mature treeline, where
present, and existing surrounding development, as viewed from the OHWL
of the opposite shore.
(3) Height is measured of the side of the structure facing the Mississippi River.
(4) In addition to the conditional use permit requirements of Section 3.2.3(c)(4), criteria for
considering whether to grant a conditional use permit for structures exceeding the height
limits must include:
(A) Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities;
(B) Determination that the proposed structure meets the required bluff
and OHWL setbacks;
(C) Identification and application of techniques to minimize the
perceived bulk of the proposed structure, such as:
i. Placing the long axis of the building perpendicular to the river;
ii. Stepping back of portions of the facade;
iii. Lowering the roof pitch or use of a flat roof;
iv. Using building materials or mitigation techniques that will blend in with
the natural surroundings such as green roofs, green walls, or other green
and brown building materials;
v. Compliance with the Minnesota B3 Guidelines version 3.2, Site and Water Guideline: S. 5 Animal Habitat Support;
vi. Narrowing the profile of upper floors of the building; or
vii. Increasing the setbacks of the building from the Mississippi River or
blufflines;
(D) Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and
(E) Opportunities for creation or enhancement of public river
corridor views.
(5) Structure and impervious surface placement.
(A) Structures and impervious surface must not be placed in the shore
or bluff impact zones unless identified as an exemption in Section
3.2.3(l).
(B) Structures, impervious surfaces, and facilities must comply with the following OHWL setback provisions unless identified as exempt in 3.2.3(l).
i. RN District: 100 feet from the Mississippi River.
(C) Structures, impervious surfaces, and facilities must comply with
the following bluffline setback provisions unless identified as
exempt in Section 3.2.3(l):
i. RN District: 40 feet.
ii. SR District: 40 feet.
(D) Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to
conform to the average of the adjoining setbacks, provided that the
new structure's scale and bulk riverward or bluffward of the
setbacks required under Section 3.2.3(f)(C) and (D) are consistent
with adjoining development. See Figure 6.
Figure 6. Structure Setback Averaging
(E) Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary
high water level of the Mississippi River and all other public waters.
(6) Lot size and buildable area.
(A) All new lots must have adequate buildable area to comply with the
setback requirements of Section 3.2.3(b) and (c) so as to not require
variances to use the lots for their intended purpose.
Performance Standards for Private Facilities
(1) Purpose
To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan.
(2) General Design Standards
All private facilities must be developed in accordance with the vegetation management and land alteration requirements in Section 3.2.3(i) and Section
3.2.3(j).
(3) Private Roads, Driveways, and Parking Areas
Except as provided in Section 3.2.3(l), private roads, driveways and parking areas must:
(A) Be designed to take advantage of natural vegetation and
topography so that they are not readily visible;
(B) Comply with structure setback requirements according to
Section 3.2.3(c); and
(C) Not be placed within the bluff impact zone or shore impact zone, unless exempt under Section 3.2.3(l) and designed consistent with
Section 3.2.3(h).
(4) Private water access and viewing facilities.
(A) Private access paths must be no more than:
i. Eight feet wide, if placed within the shore impact zone; and
ii. Four feet wide, if placed within the bluff impact zone.
(B) Private water access ramps must:
i. Comply with Minnesota Rules, chapters 6115.0210 and 6280.0250; and
ii. Be designed and constructed consistent with the applicable standards in
Design Handbook for Recreational Boating and Fishing Facilities.
(C) Design and construction of private stairways, lifts, and landings are subject to the following standards:
i. Stairways and lifts must not exceed four feet in width on residential lots.
Wider stairways may be used for commercial properties and residential
facilities held in common, if approved by the City;
ii. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet area allowed for
commercial properties and residential facilities held in common, if approved
by the City Zoning Administrator;
iii. Canopies or roofs are prohibited on stairways, lifts, or landings;
iv. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and
v. Ramps, lifts, mobility paths, or other facilities for persons with physical
disabilities are allowed for achieving access to shore areas according to
Section 3.2.3(g) and as provided under Section 3.2.3(c).
(D) One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the ordinary high water
level, with one additional water-oriented accessory structure
allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the
bluff impact zone and must:
i. not exceed 10 feet in height;
ii. not exceed 120 square feet in area; and
iii. be placed a minimum of 10 feet from the ordinary high water level.
(5) Decks and patios in setback areas.
Decks and at-grade patios may encroach into the required setbacks from the ordinary
high water level and blufflines without a variance, when consistent with Sections 3.2.3(i) and (j), provided that:
(A) The structure existed on the date the structure setbacks were established;
(B) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing
ordinary high water level setback of the structure;
(C) The deck is constructed primarily of wood and is not roofed or screened;
(D) The deck or patio does not extend into the bluff impact zone;
(E) The encroachment of the deck or patio into the required setback area does not exceed 15 percent of the required structure setback;
(F) The area of the deck or patio that extends into the required setback area occupies no more than 25 percent of the total area
between the required setback and 15 percent using the below
formula, as shown in Figure 7:
[required structure setback depth (feet) x 0.15 x lot width at setback (feet) x
0.25 = maximum total area]
Figure 7. Deck and Patio Encroachment
(6) Off-premise and directional signs
(A) Off-premise adverting signs must:
i. Meet required structure placement and height standards in Sections
3.2.3(f)(2) and (3).
ii. Not be readily visible
(B) Directional signs for patrons arriving at a business by watercraft must comply with the following standards:
i. They must be consistent with Minnesota Statutes, Section 86B.115.
ii. Only convey the location and name of the establishment and the general types of goods and services available, if located in a shore
impact zone.
iii. Be no greater than ten feet in height and 32 square feet in surface area; and
iv. If illuminated, the lighting must be fully shielded and be directed downward to prevent illumination out across the river to the sky.
(C) Fences. Fences between principal structures and the river are
allowed provided that fences are:
i. Not higher than six feet;
ii. Not located within the Bluff Impact Zone and the Shore Impact Zone;
iii. Not located in the regulatory floodplain.
(7) Lighting
(A) Lighting shall be fully shielded and directed away from the river.
(B) Uplighting is prohibited.
Performance Standards for Public Facilities
(1) Purpose
To establish design standards for public facilities that are consistent with best
management practices and that minimize impacts to primary conservation areas, public
river corridor views and other resources identified in the MRCCA plan.
Public facilities serve the public interest by providing public access to the Mississippi
River corridor or require locations in or adjacent to the river corridor and therefore
require some degree of flexibility.
(2) General Design Standards
All public facilities must be designed and constructed to:
(A) Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;
(B) Comply with the structure placement and height standards in the
underlying zoning district, except as provided in Sections 3.2.3(f) and
3.2.3(l).
(C) Be consistent with the vegetation management standards in Section
3.2.3(i) and the land alteration and storm water management
standards in Section 3.2.3(j), including use of practices identified in
Best Practices for Meeting DNR General Public Waters Work Permit
GP 2004-0001, where applicable;
(D) Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas
must be avoided to the greatest extent practicable, and design and
construction must minimize impacts; and
(E) Minimize disturbance of spawning and nesting times by
scheduling construction at times when local fish, birds, and other
wildlife are not spawning, nesting, or breeding.
(3) Right-of-way maintenance standards.
Right-of-way maintenance must comply with the following standards:
(A) Vegetation currently in a natural state must be maintained to the extent feasible;
(B) Where vegetation in a natural state has been removed, native plants
must be planted and maintained on the right-of-way; and
(C) Chemical control of vegetation must be avoided when practicable,
but when chemical control is necessary, chemicals used must be in
accordance with the regulations and other requirements of all state
and federal agencies with authority over the chemical’s use.
(4) Crossings of public water or public land.
Crossings of public waters or land controlled by the commissioner are subject to approval by the commissioner according to Minnesota Statutes, Sections 84.415 and
103G.245.
(5) Public utilities.
Public utilities must comply with the following standards:
(A) High-voltage transmission lines, wind energy conversion
systems greater than five megawatts, and pipelines are
regulated according to Minnesota Statutes, chapter 216E, 216F,
and 216G respectively; and
(B) If overhead placement is necessary, utility facility crossings must
minimize visibility of the facility from the river be hidden from view
and follow other existing right of ways as much as practicable.
(C) The appearance of structures must be as compatible as
practicable with the surrounding area in a natural state with
regard to height and width, materials used, and color.
(D) Wireless communication facilities, according to Section
3.2.3(e).
(6) Public transportation facilities.
Public transportation facilities shall comply with structure placement and height
standards in Section 3.2.3(f). Where such facilities intersect or about two or more MRCCA districts, the least restrictive standards apply. Public transportation facilities
must be designed and constructed to give priority to:
(A) Providing scenic overlooks for motorists, bicyclists, and
pedestrians;
(B) Providing safe pedestrian crossings and facilities along the river corridor;
(C) Providing access to the riverfront in public ownership; and
(D) Allowing for use of the land between the river and the transportation facility.
(7) Public recreational facilities.
Public recreational facilities must comply with the following standards:
(A) Buildings and parking associated with public recreational facilities must comply with the structure placement and height
standards in Section 2 and Section 4;
(B) Roads and driveways associated with public recreational facilities
must not be placed in the bluff or shore impact zones unless no
other placement alternative exists. If no alternative exists, then
design and construction must minimize impacts to shoreline
vegetation, erodible soils and slopes, and other sensitive resources.
(C) Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the
Mississippi River are allowed within the bluff and shore impact zones
if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning,
Design, and Development Guidelines.
i. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30 percent. Natural surface trails are allowed, provided they do
not exceed eight feet in width.
ii. Trails, paths, and viewing areas must be designed and constructed to minimize:
a. Visibility from the river;
b. Visual impacts on public river corridor views; and
c. Disturbance to and fragmentation of primary conservation areas.
(D) Public water access facilities must comply with the following
requirements:
i. Watercraft access ramps must comply with Minnesota Rules chapters
6115.0210 and 6280.0250; and
ii. Facilities must be designed and constructed consistent with the standards in Design Handbook for Recreational Boating and Fishing Facilities.
(E) Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed
and constructed to minimize disturbance to these areas and avoid
visual impacts on public river corridor views. If illuminated, the
lighting must be fully shielded and be directed downward.
(F) Public stairways lifts, and landings must be designed as
provided in Section 3.2.3(g)(4)(C).
Vegetation Management
(1) Purpose
To establish standards that sustain and enhance the biological and ecological functions
of vegetation; preserve the natural character and topography of the
MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas.
(2) Applicability
The vegetation management regulations in this section (Section 3.1) supersede yard maintenance and yard cover ordinances elsewhere in city code for the following locations within the MRCCA Overlay:
(A) Shore impact zones
(B) Areas within 50 feet of a wetland or natural drainage way;
(C) Bluff impact zones;
(D) Areas of native plant communities; and
(E) Significant existing vegetative stands identified in the MRCCA plan.
(3) Activities allowed without a vegetation permit.
(A) Maintenance of existing lawns, landscaping and gardens;
(B) Removal of vegetation in emergency situations as determined by the City of Brooklyn Center;
(C) Right-of-way maintenance for public facilities meeting the
standards Section 3.2.3(h)(3);
(D) Agricultural and forestry activities meeting the standards of Sections 3.2.3(e)(2)(A) and 3.2.3(e)(2)(C);
(E) Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA
District, including:
i. Vegetation that is diseased or hazardous, and/or dead or dying trees that do not provide bird or wildlife habitat;.
ii. To prevent the spread of diseases or insect pests;
iii. Individual trees less than 4 inches (dbh) in circumference and shrubs; and
iv. For removal of invasive non-native species.
(4) Activities allowed with a vegetation permit.
(A) Only the following intensive vegetation clearing activities are
allowed with a vegetation permit:
i. Clearing of vegetation that is dead, diseased, dying, or hazardous;
ii. Clearing to prevent the spread of diseases or insect pests;
iii. Clearing to remove invasive non-native species.
iv. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City.
v. The minimum necessary for development that is allowed with a
building permit or as an exemption under Section 2.
vi. Removal of healthy trees over 4 inches dbh.
(B) General Performance Standards.
The following standards must be met, in addition to a restoration plan under
Section 3.2.3(i) in order to approve a vegetation permit:
i. Development is sited to minimize removal of or disturbance to
natural vegetation;
ii. Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer;
iii. Clearing is the minimum necessary and designed to blend with the natural
terrain and minimize visual impacts to public river corridor views and does
not remove any healthy trees 4 inches or more (dbh) in circumference;
iv. Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time and to avoid
bird migration and nesting seasons; and
v. Any other condition determined necessary to achieve the purpose of this
section.
(5) Prohibited activities.
All other intensive vegetation clearing is prohibited.
(6) Vegetation restoration plan.
(A) Development of a vegetation restoration plan and reestablishment of natural vegetation is required:
i. For any vegetation removed with a permit under Section 3.2.3(i)(4);
ii. Upon failure to comply with any provisions in this section; or
iii. As part of the planning process for subdivisions as provided in Section 3.2.3(k)
(B) Restoration Plan Performance Standards.
i. The vegetation restoration plan must satisfy the application submittal requirements in this Chapter and:
ii. Vegetation must be restored in one or more of the following
restoration priority areas:
a. Stabilization of erodible soils Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs;
b. Restoration or enhancement of shoreline vegetation Shoreline areas within 25 feet of the water with no natural vegetation, degraded vegetation, or planted with turf grass;
c. Revegetation of bluffs or steep slopes visible from the river Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or
d. Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist.
iii. Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species,
composition, density, and diversity must be guided by nearby patches of
native plant communities and by Native Vegetation Establishment and Enhancement Guidelines;
iv. Any highly erodible soils disturbed during removal and/or restoration must
be stabilized with deep-rooted vegetation with a high stem density;
v. Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation
should be similar to that removed to the greatest extent practicable.
vi. For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the
removed native plant communities. The area (square feet) of the restored
vegetation should be equivalent to that removed;
vii. Be prepared by a qualified individual; and
viii. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years.
(C) A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied.
Land Alteration Standards and Stormwater Management
(1) Purpose
To establish standards that protect water quality from pollutant loadings of sediment,
nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion.
(2) Land Alteration Permit
(A) Within the bluff impact zone, land alteration is prohibited,
except for the following which are allowed by permit.
i. Erosion control consistent with Section 3.2.3(j)(6);
ii. The minimum necessary for development that is allowed as an exception under Section 3.2.3(l); and
iii. Repair and maintenance of existing buildings facilities.
(B) Within the water quality impact zone, land alteration that involves
more than five cubic yards of material or affects an area greater
than 500 square feet requires a permit.
(3) Rock riprap, retaining walls, and other erosion control structures
(A) Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL
must comply with Minnesota Rules, chapters 6115.0215, subpart 4,
and 6115.0216, subpart 2. Work must not proceed until approved by
the commissioner. See Figure 8.
Figure 8. Riprap Guidelines
(B) Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and
the water quality impact zone are allowed with a permit
consistent with provisons of Section 3.2.3((j)(6) provided that:
i. If the project includes work at or below the OHWL, the commissioner has
already approved or permitted the project.
ii. The structures are used only to correct an established erosion problem as
determined by the City.
iii. The size and extent of the structures are the minimum necessary to
correct the erosion problem and are not larger than the following, unless
a professional engineer determines that a larger structure is needed to
correct the erosion problem:
a. Retaining walls must not exceed five feet in height and must be placed a minimum horizontal distance of ten feet apart; and
b. Riprap must not exceed the height of the regulatory flood protection elevation.
(C) Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit
provided it does not involve any land alteration under Section
3.2.3(j)(2).
(4) Stormwater Management
(A) Impervious surfaces of lots must not exceed 25 percent of the lot area
(B) In the bluff impact zone, storm water management facilities are
prohibited, except by permit if:
i. There are no alternatives for storm water treatment outside the bluff impact zone on the subject site;
ii. The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable;
iii. The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and
iv. Mitigation based on the best available engineering and geological
practices is required and applied to eliminate or minimize the risk of slope
failure.
(C) In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in 3.2.3(l), or fully
reconstructs existing impervious surface of more than 10,000 square
feet requires a storm water permit or approved storm water plan.
Multipurpose trails and sidewalks are exempt if there is down
gradient vegetation or a filter strip that is at least five feet wide.
(D) In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas
(5) Development on steep slopes.
Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on steep slopes if:
(A) The development can be accomplished without increasing erosion or storm water runoff;
(B) The soil types and geology are suitable for the proposed
development; and
(C) Vegetation is managed according to the requirements of Section 3.2.3(i).
(6) Conditions of land alteration permit approval.
(A) Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in
the Minnesota Stormwater Manual. ;
(B) Natural site topography, soil, and vegetation conditions are used to
control runoff and reduce erosion and sedimentation;
(C) Construction activity is phased when possible;
(D) All erosion and sediment controls are installed before starting any
land disturbance activity;
(E) Erosion and sediment controls are maintained to ensure
effective operation;
(F) The proposed work is consistent with the vegetation
standards in Section 3.2.3(i); and
(G) Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for
Meeting DNR General Public Waters Work Permit GP 2004- 0001..
(7) Compliance with other plans and programs. All development must:
(A) Be consistent with Minnesota Statues, chapter 103B, and local water management plans completed under chapter 8410;
(B) Meet or exceed the wetland protection standards under
Minnesota Rules, chapter 8420; and
(C) Meet or exceed the floodplain management standards under
Minnesota Rules, chapter 6120. 5000 – 6120.6200
Subdivision and Land Development Standards
(1) Purpose
(A) To protect and enhance the natural and scenic values of the
MRCCA during development or redevelopment of the remaining
large sites
(B) To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites;
and
(C) To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration
opportunities have been identified in MRCCA Plans.
(2) Applicability.
(A) The design standards in this section apply to subdivisions, planned unit developments and master- planned development and
redevelopment of land involving five or more acres for contiguous
parcels that abut the Mississippi River and ten or more acres for all
other parcels, including smaller individual sites within the following
developments that are part of a common plan of development
that may be constructed at different times:
i. Subdivisions;
ii. Planned unit developments; and
iii. Master-planned development and redevelopment of land.
(B) The following activities are exempt from the requirements of this section:
i. Minor subdivisions consisting of three or fewer lots;
ii. Minor boundary line corrections;
iii. Resolutions of encroachments;
iv. Additions to existing lots of record;
v. Placement of essential services; and
(3) Application materials.
Project information listed in Section 3.2.3(c)(6)(E) must be submitted for all proposed
developments.
(4) Design standards.
(A) Primary conservation areas, where they exist, must be set aside
and designated as protected open space in quantities meeting the
following as a percentage of total parcel area:
i. CA-RN District: 20%;
ii. CA-SR District: 10% if the parcel includes native plant communities or provides
feasible connections to a regional park or trail system, otherwise no
requirement.
(B) If the primary conservation areas exceed the amounts specified in Section 3.2.3(k)(4), then protection of native plant communities and
natural vegetation in riparian areas shall be prioritized.
(C) If primary conservation areas exist but do not have natural
vegetation (identified as restoration priorities in the MRCCA Plan),
then a vegetation assessment must be completed to evaluate the
unvegetated primary conservation areas and determine whether
vegetation restoration is needed. If restoration is needed,
vegetation must be restored according to Section 3.2.3(i)(6)(B).
(D) If primary conservation areas do not exist on the parcel and portions
of the parcel have been identified in the MRCCA plan as a
restoration area, vegetation must be restored in the identified areas
according to Section 3.2.3(i)(6)(B) and the area must be set aside and
designated as protected open space.
(E) Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the
vegetation provides biological and ecological functions.
(F) Land dedicated for public river access, parks, or other open space
or public facilities may be counted toward the protected open
space requirement.
(G) Protected open space areas must connect open space, natural areas,
and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network.
(5) Permanent protection of designated open space.
(A) Designated open space areas must be protected through one or
more of the following methods:
i. Public acquisition by a government entity for conservation purposes;
ii. A permanent conservation easement, as provided in Minnesota
Statutes, chapter 84C;
iii. A deed restriction; and
iv. Other arrangements that achieve an equivalent degree of protection.
(B) Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological
functions, prohibit structures, and prohibit land alteration, except
as needed to provide public recreational facilities and access to the river.
Exemptions
(1) Purpose
To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilities as provided in Minnesota Statutes 116G.15.
(2) Applicability
(A) Uses and activities not specifically exempted must comply with
this section. Uses and activities exempted under shore impact
zone and bluff impact zone must comply with the vegetation
management and land alteration standards in Sections 3.2.3(i) and
3.2.3(j).
(B) Uses and activities in Section 3.2.3(l)(3) are categorized as:
i. Exempt – E. This means that the use or activity is allowed;
ii. Exempt if no alternative - (E). This means that the use or activity is allowed only if no alternatives exist; and
iii. Not Exempt - N. This means that a use or activity is not exempt and must
meet the standards of this Unified Development Ordinance.
(3) Use and activity exemption classification
A. General Uses and Activities
Use or Activity
Setbacks
Height
Limits
SIZ
BIZ
Applicable Standards with
which the use or activity must
comply
Industrial and utility structures
requiring greater height for
operational reasons (such as
elevators, refineries and railroad
signaling towers)
N
E
N
N
Structure design and
placement must minimize
interference with public
river corridor views.
Barns, silos, and farm structures N E N N
Bridges and bridge approach
roadways E E E (E) Section 3.2.3(h)
Wireless communication towers E N N Section 3.2.3(e)(2)(F)
Chimneys, church spires, flag
poles, public monuments, and
mechanical stacks and similar
mechanical equipment
N
E
N
N
Historic properties and
contributing properties in historic
districts
E
E
E
E
Exemptions do not apply to
additions or site alterations
to historic buildings or
structures
B. Public Recreational Facilities
storm water
B. Public Utilities
Use or Activity Setbacks
Height
Limits SIZ BIZ
Applicable Standards with
which the use or activity
must comply
Electrical power facilities E E E (E) Section 3.2.3(h)
Essential services (other than storm
water facilities)
E E E (E) Section 3.2.3(h)
Storm water facilities E N (E) Section 3.2.3(j)
Wastewater treatment E N E (E) Section 3.2.3(h)
Public transportation facilities E N (E) (E) Section 3.2.3(h)
C. River Dependent Uses
Use or Activity
Setbacks
Height
Limits
SIZ
BIZ
Applicable Standards with
which the use or activity must
comply
Shoreline facilities E N1 E (E) Section 3.2.3(e)(2)(E).
Exemptions do not apply to
buildings, structures, and
parking areas that are not part
of a shoreline facility
Private roads and conveyance
structures serving river-dependent
uses
E N1 E (E) Section 3.2.3(e)(2)(E)
1 River-dependent commercial, industrial and utility structures are exempt from height limits only if greater height is
required for operational reasons.
D. Public Recreational Facilities
Use or Activity
Setbacks
Height
Limits
SIZ
BIZ
Applicable Standards with
which the use or activity must
comply
Accessory structures, such as
monuments, flagpoles, light
standards, and similar park
features
E E (E) (E) Section 3.2.3(h); within BIZ,
only on slopes averaging less
than 30%. Exemptions do not
apply to principal structures.
Picnic shelters and other open-sided
structures
E N (E) N Section 3.2.3(h)
Private roads and conveyance
structures serving river-
dependent uses
E
N1
E
(E)
Section 3.2.3(e)(2)(E)
Parking lots
(E)
N
(E)
(E)
only within 20 feet of toe of
bluff; not on face of bluff;
and must not affect stability
of bluff
Roads and driveways (E) N Section 3.2.3(h)
Natural-surfaced trails, access
paths, and viewing areas E N E E Section 3.2.3(h)
Hard-surfaced trails and viewing
platforms
E
N
E
(E)
Section 3.2.3(h); within BIZ,
only on slopes averaging
less than 30%
Water access ramps E N E (E) Section 3.2.3(h)
Public signs and kiosks for
interpretive or directional
purposes
E
N
E
(E)
Section 3.2.3(h)
E. Private Residential and Commercial Water Access and Use Facilities
Use or Activity
Setbacks
Height
Limits
SIZ
BIZ
Applicable Standards with
which the use or activity must
comply
Private roads serving 3 or more
lots
(E)
N
N
(E)
Section 3.2.3(f); in BIZ, only
on slopes averaging less
than 30%. Exemption does
not apply to private roads
serving fewer 3 lots or to
private driveways and
parking areas
Access paths E N E E Section 3.2.3(f)
Water access ramps E N E N Section 3.2.3(f)
Stairways, lifts, and landings E N E N Section 3.2.3(f)
Water-oriented accessory
structures E N E N Section 3.2.3(f)
Patios and decks E N N N Section 3.2.3(f)(5)
Directional signs for watercraft
(private)
E
N
E
N
Section 3.2.3(f); exemption
does not apply to off-
premise advertising signs
Temporary storage of docks,
boats, and other equipment
during the winter months
E
N
E
N
Erosion control structures, such as
rock riprap and retaining walls E N E (E) Sections 3.2.3(j)(2)(E) and
3.2.3(j)(2)(F)
Flood control structures E N E (E) Section 3.2.3(j)
Section 4: Use Regulations
4.1 Explanation of table of permitted uses.
4.1.1 Use Table Explanation
Table 4.2 below lists the principal uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in overlay districts shall be guided by the underlying base
zoning district, but are controlled by applicable overlay district requirements.
4.1.2 Organization of table
Table 4.2.1 organizes uses by use category, and use type.
(a) Use categories.
The use categories provide a systematic basis for assigning present and future land
uses into broad general classifications (e.g., household living, 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.
(b) 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, one-family or two-family are some of the specific use
types that fall under the “household living” use category.
(c) Symbols in table.
The symbols used in Table 4.2.1 are defined as follows:
(1) Permitted uses (P).
A “P” in a cell indicates that a use type is allowed by-right in the respective
zoning district subject to compliance with the use-specific standards set forth in
the final “use-specific standards” column of Table 4.2. Permitted uses are subject
to all other applicable standards of this UDO.
(2) Accessory uses (A).
An “A” in a cell indicates that a use type is allowed as an accessory use in the
respective zoning district. An accessory use is one that is customarily incidental
and subordinate to the principal use on the same lot. If a use is permitted in this
Section as a principal use, it is also allowed as an accessory use.
(3) 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 4.2 and approval of
a conditional use permit in accordance with the UDO. Conditional uses are subject to all other applicable standards of this UDO.
(4) Interim Uses (I).
An “I” in a cell indicates that a use type is allowed as an interim 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 4.2 and approval of
an interim use permit in accordance with the UDO. Interim uses are subject to all
other applicable standards of this UDO.
(5) Prohibited uses ( ).
A blank cell indicates that the listed use type is prohibited in the respective
zoning district.
(d) Use-specific standards.
The “use-specific standards” column of Table 4.2 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.
(e) Unlisted uses.
If a use is not listed in Table 4.2, it shall be considered a Prohibited use, unless the
City Council determines that the use is substantially similar in nature and potential
impacts on the surrounding community as an existing use in the use table.
4.2 Allowed Use Table
4.2.1 Table 4.2.1 Allowed Use Table
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
RESIDENTIAL USES
Household Living
Dwelling, one family P P
Dwelling, two family P
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Townhouse or
Condominium Single Family
Attached Dwelling Units
P P P P
Dwelling, live/work C C P P A C 4.3.1(a)
Dwelling, multiple family P P P P P P 4.3.1(b)
Accessory dwelling unit A A A A 5.4.1
Accessory structures
including but not limited to,
detached garages, carports,
gazebos, sheds, patios,
decks, porches, amateur
radio equipment etc. for use
by the occupants of the
principal use
A A A A A A A A A 5.6
Playground equipment and
recreation installations,
including private swimming
pools and tennis courts
A A A A A A A A A
The renting of not more
than two sleeping rooms in
the principal building by a
resident family, provided
adequate off-street parking
is provided
A A
Group Living
Nursing care homes C C C C C
Assisted living homes C C C C C C C
PUBLIC, INSTITUTIONAL, AND CIVIC USES
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Community and Cultural Facilities
Community Center C C C C C
Funeral and crematory
services C C
Governmental offices P P P P P
Group day care facility, In
home A A A A A A A A A
Group day care facility A A P P P P P A A 4.3.2(c)
Libraries and art galleries P P P P P P
Places for religious assembly C C C C
Educational Facilities
Nonresidential educational
uses including Area Learning
Centers (ALC), post
secondary schools, business
schools, trade schools and
the like, but excluding public
and private elementary and
secondary schools
C C P P P
Public and private
elementary and secondary
schools offering a regular
course of study
C C C C C 4.3.2(h)
Accessory educational
structures serving public and
private elementary and
secondary schools offering a
regular course of study
I I I I I
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Healthcare Facilities
Medical and health uses P P P P P P
COMMERCIAL USES
Agricultural and Animal Uses
Animal hospitals P P P P P P
Commercial Animal
Establishment P P P
Urban Agriculture,
Commercial C C C C C C C C 4.3.2(b)
Urban Agriculture, non-
commercial A A A A A A A A A P
Eating, Drinking, and Lodging
Brewpub, micro-winery, and
micro-distillery P P P P P P P 4.3.2(a)
Clubrooms and lodges C C C C C
Drive-thru eating
establishments C C C 4.3.2(g)
Eating establishments P P P P P P A 4.3.2(d)
Banquet, Event, or
Conference Facility C C C C A
Hospitality lodging and
associated uses C C C C C
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Entertainment and Recreation
Adult uses C 4.3.4(b)
Amusement center (indoor) A A C P C 4.3.2(f)
Amusement center
(outdoor) C C C C 4.3.2(f)
Golf courses and essential
accessory buildings P
Indoor Recreation Fitness
center or club, Indoor C P P P P C 4.3.2(e)
Public recreational uses of a
noncommercial nature P P P P P P P P P P P P P
Commercial Uses
Business to business services P P P P P P P
Financial institutions
including, but not limited to,
full-service banks and
savings and loan
associations
P P P P
Stand alone ATMs A A A A
Sauna and massage
establishments A A A A
Office P P P P P P P
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Personal services A A P P P P P 4.3.2(g)
Contractor’s Offices C P P 4.3.2(a)
A real estate office for the
purpose of leasing or selling
apartment units in the
development in which it is
located
A A A A A A
Allowable Home
occupations (not to include
Conditional Home
Occupations)
A A A A A A A A A 4.4.2 (d)
Conditional Home
Occupations C C C C C C C C C 4.4.2 (d)
Other uses similar in nature,
as determined by the City
Council
C C C C C P P P P P P P P 4.3.2
Retail Sales
General Indoor Retail Sales,
Large P P P A
General Indoor Retail Sales,
Small P P P P P A A 4.3.2(a)
Groceries and related
products P P P P P P
Retail sale of building and
construction materials P A A
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Retail sale of tires, batteries,
and automobile accessories
and marine craft accessories
A P A A 4.3.3(a)
Outdoor display and sale of
merchandise A A A A A 4.4.5
The compounding,
dispensing, or sale (at retail)
of medical drugs, devices or
supplies.
A A A A A A
Vehicles and Equipment
Automobile and truck rental
and leasing C C P 4.3.3(a)
Automobile and truck repair
and service station C C C C P P 4.3.3(a)
Car wash A A P A A
Gasoline stations C C C
Private fuel pumps A A A
Public transportation
terminals P P P C P
Sale of motor vehicles and
marine craft at retail C 4.3.3(a)
Bus garage facilities C 4.3.3(a)
Truck terminals or exchange
stations C
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Bicycle Sharing A A A A A A
Electrical Vehicle Charging
Station A A A A A A A A A A A
Solar Collector, Building-
Mounted A A A A A A A A A A A A A
Solar Collector, Ground-
Mounted
C
A
C
A
C
A
C
A
C
A
C
A
C
A
C
A
C
A CA CA CA C
Wind Energy System, Small
Ground-Mounted
C
A
C
A
C
A
C
A
C
A
C
A
C
A
C
A
C
A CA CA CA C
A
Wind Energy System, Small
Roof-Mounted A A A A A A A A A A A A A
Telecommunications
facilities and towers C C C C C C C C C C C C C 4.3.3 (b)
Manufacturing and Processing
Manufacturing, assembly,
and processing of products P P
Wholesale trade P P
Artisan Production and Sales P P P P P P P
Foundries C C
Laundering, dry cleaning,
and dyeing P P P
Textile mills and mill
products C P
P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use
Residential Commercial/
Mixed Use Nonresidential
Use-
Specific
Standards R1 R2 R3 R4 R5
M
X-
N
1
M
X-
N
2
M
X-
C
T
O
D
C MX
-B I O
Outdoor storage and display
of materials, equipment, and
products accessory and
necessary to a principal or
permitted use
CA A 5.2.4
Storage, Distribution, or Warehouse
Storage of raw materials,
work in process and
inventory, provided such
storage is completely within
enclosed buildings
A A
Warehousing and
Distribution P P
Outdoor storage and display
of materials, equipment, and
products accessory and
necessary to a principal and
permitted use.
CA A
Planned Unit Development
Planned Unit Development C C C C C C C C C C C C C 8.3
4.3 Use Specific Standards
4.3.1 Residential Uses
(a) Dwelling, Live/Work
(1) Not more than three people may be engaged in the making, servicing, or selling of
goods, or provision of personal and professional services, within a single unit.
(2) At least one person must reside in the dwelling unit where the non-residential
activity or activities occur.
(3) The residential unit shall be located above or behind the non-residential areas of the
structure.
(4) In cases where the commercial activity is occurring within the dwelling unit, it shall
not exceed 50 percent of the gross floor area of the dwelling unit.
(5) Signs are limited to not more than two non-illuminated wall or window signs not
exceeding 10 square feet in total area.
(6) The work activities shall not adversely impact the public health, safety, or welfare
of adjacent properties.
4.3.2 Commercial Uses
(a) Animal hospitals/veterinary clinics. Except in the TOD, MX-N1, and MX-N2, outdoor
facilities, such as dog kennels or runs, are allowed with a conditional use permit and
are subject to the following standards:
(1) Such use shall be incidental to the animal hospital use and used for the short-term
boarding of animals; and
(2) The applicant has demonstrated that the outdoor facility will not negatively impact
neighboring properties through the use of screening or buffering.
(b) Urban Agriculture
(1) Structures
(A) Cold frames are limited to a maximum height of two feet and shall be located at
least 10 feet from any lot line where the abutting lot has an occupied residential
use.
(B) Greenhouses and hoop houses are limited to a maximum height of 10 feet, shall
be located at least 10 feet from any lot line where the abutting lot has an
occupied residential use, and may not cover more than 25 percent of the rear
lot.
(C) Agricultural stands may be located on commercially zoned properties provided
they are limited to a maximum height of 10 feet, and are located at least 10 feet
from any property lot line, and outside of the clear view triangle.
(2) Operational Standards
(A) Retail sales of produce grown on the property are permitted provided that all
sales tax and other applicable licenses and permits for sale are obtained and
maintained by the seller
(B) The site drainage and maintenance shall prevent water, fertilizer, or any other
product from draining onto adjacent property that is not part of the contiguous
land in common use.
(C) Refuse and compost area shall be enclosed at ground level to be rodent-
resistant and compost piles shall not exceed four feet in height.
(D) No outdoor work activity that involves power equipment or generators may
occur between sunset and sunrise.
(3) Soil Quality
(A) Food products may be grown in soil native to the site if the applicant can
provide documentation to the City that a composite sample of the native soil,
consisting of no less than five individual samples, has been tested for lead
content and the lead content in the soil is determined to be at or below the
residential screening levels for soil exposure, direct-contact for lead established
by the State of Minnesota; and either:
i. Proof through maps, deeds, prior permits, or a combination of those
sources that the site has only been used for residential or agricultural
activities in the past; or
ii. A composite sample of the native soil, consisting of no less than five
individual samples, has been tested for metal content using the US EPA
3050B, 3051, or a comparable method and that the metals arsenic, cadmium,
mercury, molybdenum, nickel, selenium, and zinc are determined to be at
or below the residential screening levels for soil exposure, direct-contact
established by the State of Minnesota. If metal content in soil exceed
established thresholds, food products may only be grown in raised beds
filled with clean top soils.
a. As an alternative to meeting the standards in Subsection (A) above, food products may be grown in clean soil brought to the site without completing a soil test of the soil native to the site.
(c) Group Day Care Facilities
(1) In the case of group day care facilities, outside recreational facilities are required,
and shall be appropriately separated from the parking and driving areas by a wood
fence not less than four feet in height; or a Council approved substitute; shall be
located contiguous to the day care facility; shall not be located in any yard abutting
a major thoroughfare unless buffered by a device set forth in Section 5.6; shall not
have an impervious surface for more than half the playground area; and shall be a
minimum of 50 square feet square feet per child in attendance unless otherwise
noted in Minnesota Rules, part 9502.0425, subpart 2.
(2) Group day care facilities shall be permitted where noted in Section 4.2, provided
that such developments, in each specific case, are demonstrated to be:
(A) Compatible with existing adjacent land uses as well as with those uses
permitted in the zoning district generally.
(B) Complementary to existing adjacent land uses as well as to those uses
permitted in the zoning district generally.
(C) Of comparable intensity to permitted zoning district land uses with respect to
activity levels.
(D) Planned and designed to assure that generated traffic will be within the
capacity of available public facilities and will not have an adverse impact upon
those facilities, the immediate neighborhood, or the community.
(E) Traffic generated by other uses on the site will not pose a danger to those
served by the day care use.
(3) Group day care facilities shall be allowed as an accessory use to places of religious
assembly and educational uses, as noted in Section 4.2, and shall demonstrate
provisions as outlined in 4.3.2(c)
(4) When required, group day care facilities shall be licensed by the Minnesota
Department of Human Services pursuant to a valid license application. A copy of
said license and application shall be submitted annually to the City.
(d) Fitness center or club, Indoor
(1) Fitness centers or club uses shall not abut an R1, R2, or R3 district, including
abutment at a street line.
(e) Amusement Centers (indoor and outdoor)
(1) Amusement centers shall not abut an R1, R2, or R3 district, including abutment at a
street line.
4.3.3 Non-Residential Uses
(a) Vehicles and Equipment Uses
The following requirements are intended to minimize adverse functional and
aesthetic conditions of abutting and adjacent land uses, which may result from operation of automobile service stations adjacent and that the use:
(1) No vehicle and equipment use constructed after the adoption of this ordinance,
shall be constructed on a parcel which abuts an R1, R2, or R3 district including
abutment at a street line. For the purpose of this paragraph, a parcel which adjoins
another parcel at one corner will be deemed to abut.
(2) No driveway curb opening will be permitted within 40 feet of the intersection of
the property lines of a corner use site. The maximum right angle width of any
driveway shall be thirty feet at the property line. No driveway shall be located
within 50 feet of another driveway at the property line on the same use site, or be
flared outward on the boulevard in such a way as to encroach upon the boulevard
or abutting property.
(3) Provisions shall be made for an unobstructed area free of all vehicles, pumps, signs,
displays or other materials, which tend to obscure vision where the use site is at the
intersection of two streets. The unobstructed area shall be bounded by the street
right-of-way lines abutting the lot and a straight line joining points on such street
lines, 50 feet from the point of intersection of the street right-of-way lines. This is
not intended to preclude one identification sign which is 10 feet or more above the
street grade level and is supported by a pedestal 12 inches or less in diameter.
(4) Facilities for chassis and gear lubrication must be enclosed within the principal
building. Vehicle washes may be located in a separate building on the site provided
that the materials and exterior treatment for the wash building shall be of the same
level of quality as for the principal building. No merchandise may be displayed for
sale outside the principal building except within four feet of the building or in pump
islands unless enclosed by a structure compatible with the building. No discarded
trash, parts, or tires may be stored outside the building unless enclosed by a durable
structure compatible with the design of the principal building.
(5) Any required buffer or screening area shall be so constructed and maintained as to
keep the beam of automobile headlights from shining into abutting properties.
(6) The following activities are prohibited:
(A) Except for the vehicles owned by the business owner and employees used for
personal use as well as motor vehicles for sale on permitted sales lots, all motor
vehicles must be stored in an enclosed structure. Motor vehicles which are
being serviced may be parked in an appropriate outdoor location on the
premises for a maximum period of 48 hours at any one time.
(B) Body work and painting may take place as accessory to the primary service use.
(7) The lawful use of land for any vehicle or equipment use existing at the time of the
adoption of this Unified Development Ordinance may be continued even if such use
does not conform to the above Section 4.3.3(a) shall apply to all exterior additions,
alterations, accessory buildings and signs erected or constructed after the effective
date of this Unified Development Ordinance.
(8) The owner and lessee shall be jointly and severally responsible for seeing that the
above regulations are observed.
(b) Telecommunications Towers and Telecommunications Facilities
The following regulations are intended to protect residential areas from potential adverse impacts of telecommunications towers and facilities, to promote and
encourage shared use or co-location of telecommunications towers and antenna
support structures, and to avoid potential damage to property caused by these
facilities by ensuring such structures are soundly and carefully designed,
constructed, modified, maintained and removed when no longer used:
(1) No telecommunications tower or facility shall be built, erected or constructed upon
any parcel of land in the zoning districts where conditionally permitted unless a
building permit has been issued by the City’s Building Official.
(2) Telecommunications towers are exempt from the maximum height restrictions of
the districts where they are located, however, these towers shall not be permitted
to exceed the height authorized in the airport safety zones established for the
Crystal Airport.
(3) Co-location requirements
All telecommunications towers erected, constructed or located within the city shall
comply with the following requirements.
(A) A proposal for a new telecommunications tower shall not be approved unless
the approving body finds that the telecommunications equipment planned for
the proposed tower cannot be accommodated on an existing or approved
tower or building within a one-mile search radius (one-half mile search radius
for towers under 120 feet in height, one-quarter mile search radius for towers
under 80 feet in height) of the proposed tower due to one or more of the
following reasons:
a. 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;
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
c. 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; and/or
d. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(B) 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 users
if the tower is over 100 feet in height or for at least one additional user if the
tower is over 60 feet in height. Telecommunications towers must be designed
to allow for future rearrangement of antennas upon the tower and to accept
antennas mounted at varying heights.
(4) Telecommunications towers are prohibited on property in which the use includes
the storage, distribution, or sale of volatile, flammable, explosive or hazardous
materials such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous
chemicals.
(5) All telecommunications towers shall be setback on all sides a distance equal to the
setback requirement for accessory structures in the applicable zoning district. Said
towers may not be located in a front yard or side corner yard between a principal
structure and a public street.
(6) All telecommunications towers must be designed and certified by an Engineer to be
structurally sound and, at minimum, in conformance with the Minnesota State
Building Code and all other construction standards set forth by City regulation and
Federal and State law.
(7) Telecommunications towers shall be separated from residentially zoned lands by a
minimum distance of twice the height of the proposed tower.
(8) Telecommunications towers shall not be artificially lighted except when required by
the Federal Aviation Administration (FAA).
(9) Telecommunications towers not requiring FAA painting or marking shall have an
exterior finish of stealth design.
(10) Any fences constructed around or upon parcels containing telecommunications
towers, antenna support structures or telecommunications facilities shall be fully
opaque, but otherwise constructed in accordance with screening requirements in
the applicable zoning district unless more stringent fencing requirements are
required by FCC regulations. No barbed or razor wire fencing is allowed.
(11) Landscaping on parcels containing telecommunications towers, antenna support
structures or telecommunications facilities must be in accordance with the
landscape point system. Utility buildings and structures accessory to a tower must
be designed to blend in with the surrounding environment and to meet setback
requirements as provided for in the applicable zoning district. Ground mounted
equipment must be screened from view by suitable vegetation or opaque fence. No
barbed or razor wire fencing is allowed.
(12) No telecommunications tower, or portion thereof, shall be used for the posting of
signs or advertising other than required signs. Said signs must be in compliance
with the Section 6 of this Unified Development Ordinance.
(13) All telecommunications towers, telecommunications facilities and antenna support
structures shall at all times be kept and maintained in good condition, order and
repair so that the same shall not be a danger to the public.
(14) Any telecommunications facilities which are not attached to a telecommunications
tower may be permitted as an accessory use to any antenna support structure at
least 75 ft. tall regardless of the zoning restrictions applicable to the zoning district
where the structure is located. The telecommunications facility and antenna
support structure must comply with the provisions of the Minnesota State Building
Code. No such structure or facility shall be built, constructed or erected without
first having obtained a building permit from the building official.
(15) Telecommunications facilities are permitted upon City-owned water towers
provided an approved lease agreement with the City has been executed and a
building permit from the Building Official has been obtained.
(16) Any telecommunications tower, telecommunications facility and/or antenna
support structure that is not used for telecommunications purposes for one year
shall be deemed abandoned and the property owner shall remove the tower facility
and/or antenna in the same manner. If the owner fails to remove the tower facility
and/or antenna after one year, it may be removed by the City with costs of such
removal assessed against the property owner of the site.
(c) Amateur Radio Towers.
(1) Amateur radio towers shall only be allowed in the rear yard and made of unpainted
metal or other visually unobtrusive material.
(d) Satellite Receive-Only Antennas (SROA):
(1) Satellite receive-only antennas (SROA), as defined in Section 9.2, shall be a
permitted accessory use in all districts, subject to the standards of this Section.
(2) SROAs located in residential districts shall not exceed one (1) meter in diameter.
SROAs located in all other districts shall not exceed two (2) meters in diameter.
(3) Advertising shall not be placed on SROAs.
(4) Freestanding SROAs:
(A) In all districts, no SROA shall be placed within any required
front yard.
(B) In all districts, SROAs shall be subject to the same setback
requirements in rear or side yards which would apply to other
accessory structures within the district.
(C) No antenna shall be placed less than twenty feet (20') from a
public street right of way. All such antennas shall be securely
anchored.
(5) Roof-mounted SROAS
(A) Every SROA mounted on a roof shall be subject to the normal
height limits of the zoning district in which it is located and shall
comply with any applicable requirements of the UDO and the
Building Code.
(e) Adult Uses
(1) Findings and Purpose
Studies conducted by the Minnesota Attorney General, the American Planning
Association, and cities such as Saint Paul, Minnesota; Indianapolis, Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Minnetonka, Minnesota; Rochester,
Minnesota; Phoenix, Arizona; Los Angeles, California; and Seattle, Washington have studied the impacts that adult establishments (referred to in the UDO as
adult uses) have in those communities. These studies have concluded that
sexually oriented uses have adverse impacts on the surrounding neighborhoods.
These impacts include increased crime rates, lower property values, increased
transiency, neighborhood blight, and potential health risks. Based on these
studies and findings, the City Council concludes:
(A) Adult uses and adult establishments are understood as defined in Section 9.2 of
the UDO.
(B) Adult uses have adverse secondary impacts of the types set forth above.
(C) The adverse impacts caused by adult uses tend to diminish if such
establishments are governed by geographic, licensing, and health
requirements.
(D) It is not the intent of the City Council to prohibit adult uses from having a
reasonable opportunity to locate in the city.
(E) Minnesota Statutes, Section 462.357, allows the City to adopt regulations to
promote the public health, safety, and general welfare.
(F) The public health, safety, and general welfare will be promoted by the City
adopting regulations governing sexually oriented uses.
(G) Adult establishments can contribute to an increase in criminal activity in the area
in which such businesses are located, taxing city crime prevention programs and
law enforcement services.
(H) Adult establishments can be used as fronts for prostitution and other criminal
activity. The experience of other cities indicates that the proper management
and operation of such businesses can, however, minimize this risk, provided the
owners and operators of such facilities are regulated by licensing or other
procedures.
(I) The risk of criminal activity and/or public health problems can be minimized
through a regulatory scheme as prescribed herein.
(2) Definitions. The following words, terms and phrases, when used in this Section, shall
have the meanings ascribed to them in Section 9.2, except where the context clearly
indicates a different meaning.
(3) Adult establishments may be located only as allowed by Section 4.2 of this code,
and with the following restrictions:
(A) No adult use may be allowed within 500 ft of the R1, R2, or R3 district, as
measured from the two nearest property lines.
(B) Only one adult use may be allowed per block face.
(4) Minnesota Statutes Section 617.242 shall not apply in the City.
4.4 Accessory Uses and Structures
This subsection authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this subsection is to allow accessory uses while not
creating adverse impacts on surrounding uses.
4.4.1 General Provisions
(a) Accessory structures shall only be constructed concurrent with or after the
construction of the principal building on the same site. No more than two accessory
structures may be constructed on the same lot.
(b) Uses and structures that are accessory to a conditional principal use shall be
permitted in accordance with this subsection, without requiring a conditional use
permit amendment, unless specifically required as a condition of the conditional use
permit approval.
(c) Accessory structures are not permitted within the front and corner required setback.
(d) The total ground coverage of all accessory structures shall not exceed the ground
coverage of the principal building.
(e) No accessory structure, unless it is connected to the principal building, shall be
erected, altered, or moved, within six feet of the principal building or another
accessory structure, as measured from exterior wall to exterior wall.
(f) Unless otherwise indicated in this UDO, accessory structures must be set back at least
five (5) feet from an interior side or rear lot line.
(g) Any accessory structure that may be used for the parking or storage of motor vehicles
shall:
(1) Have a floor constructed of poured concrete in accordance with standards
approved by the city engineer and building official;
(2) Include a driveway connecting it to a public right of way; and
(3) Not be constructed of the following materials: fabric, canvas, concrete block, cloth,
plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle
board, or similar materials.
(4) Shall be architecturally compatible with the principle structure
(h) Small accessory structures such as arbors, retaining walls, benches, doghouses,
garden decorations, trellises and firewood cribs are exempt from the provisions of
this UDO, but cannot be located in public rights-of-way.
4.4.2 Accessory uses
(a) Assembly or gathering space.
Adequate parking shall be provided for both the assembly or gathering space and the
principal use on the property.
(b) Accessibility ramps.
Accessibility ramps are subject to the following standards:
(1) To reduce visibility, accessibility ramps shall, to the extent practicable, be located to
the side or rear of the building;
(2) If an accessibility ramp is located in the front of the building, the ramp run shall not
exceed four feet in width leading to an entrance landing and handrails not more
than three feet in height and not more than 50 percent opaque; and the entrance
landing shall not exceed 36 square feet in area.
(c) Drive-through facilities.
Drive-through facilities are subject to the following standards:
(1) The establishment is served by arterial, collector, or municipal state aid streets and
such pedestrian facilities as are necessary to accommodate the traffic generated by
the facility. The city council may require the applicant to provide a traffic study
prepared by a professional engineer for the proposed use, and may base its findings
of fact on said study or other information related to potential traffic impacts on the
street system and adjacent land uses;
(2) Audible electronic devices such as loudspeakers, automobile service order devices,
and similar instruments shall not be located within 100 feet of any residential
dwelling unit, and shall not be audible at levels greater than those established as
provided in the Brooklyn Center city code,
(3) To the maximum extent feasible, all drive-through elements 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 most visually inconspicuous area of the property that does not cause
unnecessary negative impacts to residential properties, and shall not cross,
interfere with, or impede any public right-of way; and
(4) A opaque fence or vegetative screen of six feet in height shall be installed and
maintained along any property line abutting a property used for residential
purposes. Such screen shall also lessen the negative impact of vehicle headlights on
adjacent properties.
(d) Home businesses
(1) The purpose of this standard is to accommodate residents who desire to start home
businesses while ensuring that said businesses:
(A) Are compatible with residential activity and do not adversely
impact the character of the surrounding residential area;
(B) Are secondary and incidental to the residential use of the
dwelling unit;
(C) Do not adversely affect the health, safety or welfare of other
persons residing in the area.
(2) Review and approval. A conditional use permit is required for all Conditional Home
Occupations.
(3) Types of Home Occupations
(A) Allowable Home Occupations.
Allowable Home Occupations are a type of home businesses that City Council has found do not adversely affect the health, safety or welfare of other persons
residing in the area. External impacts generated from this use are typically insignificant.
(B) Conditional Home Occupations.
Conditional Home Occupations are a type of home business that the City Council has found to have external impacts on the surrounding residential area which are
potentially significant. All Conditional Home Occupations shall require approval of a conditional use permit pursuant to Section 7.7 of this Unified Development
Ordinance.
(4) Standards
(A) Health, safety, and welfare.
Home businesses must not endanger the health, safety or welfare of the
community by reason of blight, noise, smoke, dust, odor, glare, vibration, fire
hazard, increased vehicular traffic including deliveries, unsanitary or unsightly
conditions, or similar conditions that have a reasonable likelihood of disturbing
the peace, comfort, repose or quiet enjoyment of the indoor and outdoor spaces
of neighboring residential properties. Activity that produces light, glare, noise,
odor, dust, smoke or vibration perceptible beyond the boundaries of the
premises and distinguishable from neighboring residential uses is prohibited.
Toxic, explosive, flammable, radioactive or other restricted materials used, sold, or
stored on the site in connection with the home enterprise must conform to the
Unified Development Ordinance and Uniform Fire Code for residential uses.
(B) Use of accessory buildings or garages.
i. Allowable Home Occupations. No Allowable Home Occupation shall involve
the use of any accessory structure.
ii. Conditional Home Occupations. No conditional home occupation shall use
more than one accessory structure and such structure must be a permitted
use under Section 4.2 of the Unified Development Ordinance.
(C) Equipment
i. Allowable Home Occupations. No Allowable Home Occupation shall involve
the use of equipment other than that customarily found in a residential
dwelling unit.
ii. Conditional Home Occupations. A Conditional Home Occupation may use
equipment not customarily found in a residential dwelling unit.
(D) Primary residence requirement
The owner of the home business must use the dwelling unit as the person's
primary residence.
(E) Employees
i. Allowable Home Occupations. No Allowable Home Occupation shall involve
the employment on the premises of persons who are not members of the
family residing on the lot.
ii. Conditional Home Occupations. No Conditional Home Occupation shall
employ or contract with more than one person who is not an occupant of
the dwelling, at any one time.
(F) Client visits
i. Allowable Home Occupations. The total number of clients upon the
premises must not exceed six clients per day and must not exceed two
clients at any one time.
ii. Conditional Home Occupations. The Planning Commission may determine
the number and intensity of client visits per day and time.
(G) Traffic congestion and parking
i. Allowable Home Occupations. No Allowable Home Occupation shall cause
traffic congestion on the lot containing the Allowable Home Occupation or
on the streets adjacent thereto.
ii. Conditional Home Occupations. No Conditional Home Occupation shall
cause traffic congestion on the streets adjacent thereto. A Conditional
Home Occupation may store and/or park off-street up to one commercial
vehicle that is accessory and necessary to the approved on-site business,
provided that the commercial vehicle is licensed and operable and is
designated within vehicles classes 1-4 only, as defined by the Minnesota
Department of Transportation in their official vehicle classification scheme.
No automobile parking related to the Conditional Home Occupation shall
be permitted on the street provided, however, that upon a finding that the
conditional home occupation is not feasible without on street parking, the
City Council may authorize parking on the street based upon a
consideration of Section 5.5 and of the following:
a. The amount of the applicant's street frontage.
b. The rights of adjacent residents to park on the street.
c. Preservation of the residential character of the neighborhood.
(H) Exterior displays, window displays, and signage
Exterior display, exterior signage, advertisement, or other exterior indication of a
home business is prohibited. No items may be displayed in windows which are
for sale on the premises.
(I) Deliveries and pick-ups
Home businesses may receive up to four deliveries and pick-ups per day for the
receiving or shipping of goods produced or used on site. This allotment is in
addition to the number of allowed client visits determined by this Unified Development Ordinance and/or the City Council.
(J) Authorization and Enforcement
The Zoning Administrator shall make the final determination as to whether a proposed home business constitutes and Allowable Home Occupation or a
Conditional Home Occupation.
(e) Swimming pools and hot tubs.
Swimming pools and hot tubs are subject to the following standards:
(1) A permit is required before work can commence on any in-ground swimming pool.
(2) No portion of a swimming pool or hot tub may be located less than 5 feet from any
side or rear property line, nor in front of any principal structure. In-ground pools
shall not be located within six feet (6’) of any principal structure or frost footing.
(3) No filtering unit, pump, heating unit, or other noise making equipment shall be
located less than ten feet from any lot line, or 20 feet from any principal structure
on an adjacent property.
(4) Underground utility lines may not be located under or within 15 feet of any pool,
unless otherwise approved by the zoning administrator. Utility connections for pool
lighting and accessories are permitted if installed in accordance with the City
electrical code.
(5) All outdoor pool lighting shall be directed toward the pool, and away from adjacent
properties.
(6) Pool water shall be maintained in a suitable manner to avoid health hazards of any
type.
(7) A fence or similar screening at least four (4) feet in height but no greater than six
(6) feet in height shall surround any outdoor swimming pools. Any fence opening
must be equipped with a self-closing gate. Fences and gates shall not have an
opening greater than five inches at the bottom. For an aboveground pool, where
the combined heights of the pool and deck/railing is four (4) feet or greater above
grade, and access points to the pool are provided with self-closing, lockable, self-
latching gates, a separate fence shall not be required. Latches must be located on
the inside (pool side) of the fence.
(8) A ground-level deck at least 2 feet in width, measured from the pool water's edge,
shall completely surround any below ground pool.
(9) All swimming pools must be installed in conformance with all other applicable city
and state laws.
4.4.3 Accessory dwelling units.
In the case of Accessory Dwelling Units (ADUs), defined in Section 9.2, the following standards apply:
(a) The following types of ADUs are permitted as accessory uses in the R1 and R2 zoning
districts, or any zoning district in which residential uses are permitted and contains an
existing single-family home. Accessory dwelling units are not permitted in
conjunction with two-family dwellings, townhomes/rowhomes or multiple-family
dwellings.
(1) Internal – ADUs located within the structure of the main house, for example, a
converted basement or attic.
(2) Attached – ADUs which share one or more walls with the primary house, commonly
constructed as additions or conversions of attached garages
(3) Detached – Freestanding ADUs typically built as backyard structures, detached
garage conversions, same-level additions to a detached garage, or above-garage
units. This type of ADU is the most visible.
(b) All ADUs shall be designed to be compatible with neighborhood character.
(c) Primary owner occupancy is required on the lot, in either the principal structure or
the ADU. Properties on which an ADU is located shall have filed a deed restriction
requiring the property to remain homesteaded.
(d) The accessory dwelling unit shall not be sold independently of the principal
residential dwelling and may not be a separate tax parcel.
(e) ADUs shall not be required to obtain a rental license from the City.
(f) No more than one ADU shall be permitted per parcel.
(g) ADUs must comply with the building code for the zoning district of which it is built
within.
(h) The combined lot coverage of the principal structure and all accessory structures shall
not exceed 45 percent of the parcel.
(i) The square footage of an ADU shall not be less than 200 square feet.
(j) A detached ADU may be erected within the accessory structure setbacks for the
zoning district which the principal structure occupies. A detached ADU shall be
considered an Accessory structure and shall comply with all the necessary
requirements of that type.
(k) A detached ADU shall not exceed 16 feet in height.
(l) One off-street parking space is required per each ADU on the same lot.
4.4.4 Fuel pumps, private use.
Private fuel pumps for use by commercial businesses are allowed, provided that the current business, or its successor business, only uses the fuel pumps for its vehicles and
equipment and does not allow them to be used by the general public. For the purposes of this UDO, private fuel pumps do not include those fuel pumps in use by a vehicle fuel
sales business as allowed in
4.4.5 Outdoor sales.
Outdoor sales are subject to the following standards:
(a) Retail establishments.
(1) The service, sale, display or rental area is hard surfaced and clearly designated on
the site as being limited to the specific, approved area; and
(2) The sales area does not exceed 40% of the gross floor area of the principal use
excluding basement storage areas, 20% of the area of the property, or 6,000 square
feet, whichever is less;
(b) Vehicle fuel sales.
The sales and display of merchandise is limited to the walkway adjacent to the building, but a minimum of five feet of the walkway shall be clear of merchandise
to allow for safe pedestrian movement.
(c) Tent or sidewalk sales on private property. Tent or sidewalk sales on private property
are subject to the following standards:
(1) A minimum of five feet of the sidewalk shall be clear of merchandise to allow for
safe pedestrian movement;
(2) The property shall contain 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, or traffic movements. Tents shall not be
located in the public right-of-way;
(3) The applicant shall demonstrate that adequate off-street parking is provided for
patrons. If applicable, consideration shall be given to the parking needs of other
occupants on the same property; and
(4) Hours of operation for the sale are limited to between 8 a.m. and 9 p.m. and
merchandise shall only be displayed during that time; and
(5) Tents shall be maintained in good repair. Any tent that is potentially dangerous or in
disrepair shall be removed or repaired.
4.4.6 Outdoor Storage and Display of Materials in I and MX-B districts
Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use may be permitted in the MX-B and I Districts
with as an accessory use, subject to the following standards:
(a) The items for outdoor storage or sales display area shall be effectively screened from
view from adjacent public rights-of-way or adjacent properties by a solid wall or fence
constructed of wood, masonry or other durable materials, or a combination of fence,
berm and landscaping.
(b) In properties zoned MX-B only, allowable areas used for outdoor storage or display
areas on an individual site shall not exceed fifteen percent (15%) of the gross floor area
of the principal building.
(c) Outdoor storage or sales display area shall not be located within any front yard
abutting a public right-of-way, or within the buffer setback areas as defined under
Section 5.1.
(d) Height of stacked or stored materials or equipment in the storage area shall not
exceed the height of the screening.
(e) Outdoor areas shall not be used for the storage of junk or inoperable vehicles, trash,
debris, or any nuisance items as defined in the UDO.
(f) The storage of hazardous liquids, solids, gases or wastes is strictly prohibited, unless
authorized by the city’s Building Official and Fire Chief.
(g) The outdoor storage area shall not be within or interfere with designated parking or
drive aisles areas required by UDO Section 5.4 and 5.5.
(h) Any new or additional lighting installed to illuminate the storage area must be down-
cast, cut-off style light fixtures, with a photometric plan.
(i) The storage area shall consist of a concrete or bituminous surface. The property
owner or responsible tenant shall keep the outdoor storage areas free of refuse,
trash, debris, weeds, and waste fill.
(j) Any storage or placement of materials outside of the designated area shall be a
violation of the City Code.
(k) A detailed site plan specifically delineating the storage area, including the landscaping
and lighting plans for said areas, must be submitted to the City Planner for approval.
4.4.7 Outdoor storage or display of materials in all other districts.
(a) In all districts with the exception of I and MX-B, all storage, display, service, repair or
processing shall be conducted wholly within an enclosed building. For lots abutting
an R1-R3 district, such structures shall not be conducted closer than twenty (20) feet
from the adjacent residential property.
(b) Semi-trailers and other portable storage containers may not be used for the out of
door storage of materials, equipment, merchandise, inventory, etc.
(c) The outdoor display of merchandise, without a temporary use permit, during
business hours on a private pedestrian walkway located contiguous to the primary
building is not prohibited by this Section.
(d) This requirement shall not apply to the out of door storage and display of new and
used motor vehicles or marine craft for which a conditional use permit has been
issued. Neither shall the requirement apply to the out of door retail sale of food at
drive-thru eating establishments for which a conditional use permit has been issued.
Temporary outdoor storage and display of merchandise may be allowed by
Temporary Use Permit pursuant to Section 4 of this UDO.
(1) Solar energy systems.
Solar energy systems are subject to the following standards:
(A) Visibility.
i. Building-mounted solar energy systems shall be designed to be flush-
mounted with the roof when facing a public rights-of-ways other than an
alley.
ii. Building-integrated photovoltaic systems shall be allowed regardless of
visibility, provided the building component in which the system is
integrated meets all required setback or other standards for the district in
which the building is located.
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 subject parcel; and
b. Abandonment. A solar energy system that is allowed to remain in a nonfunctional or inoperative state for a period of twelve 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.
(2) Ground mounted.
Ground-mounted solar energy systems are not allowed in the MX-N1, MX-N2, MX-C,
or TOD Districts. When permitted, ground-mounted solar energy systems shall be considered Accessory Structures and all requirements apply
(3) Tennis and other recreational courts.
Noncommercial outdoor tennis and other recreational courts are subject to the following standards:
(A) Court fencing shall comply with the requirements as provided in Section 5.6.9.
(B) Court lighting shall not exceed a height of 20 feet, measured from the court
surface. The lighting shall be directed downward and shall only illuminate the
court.
4.4.8 Interim Uses
(a) Classroom Buildings as an accessory use to a public or private elementary or
secondary school offering a regular course of study accredited by the Minnesota
Department of Education are subject to the following procedures and conditions:
(1) Interim use permits will be issued in accordance with the procedures and subject to
the conditions stated in Section 7.8.
(2) At the time of granting such a permit the City Council shall specify a date or event
that can be identified with certainty by which the interim use must be terminated
and the structure(s) shall be removed from the site. In any event, however, such
interim use shall not continue beyond any date when the Council, or any other
governmental body having the power of eminent domain, adopts a resolution
approving acquisition of the property by eminent domain, or the zoning of the
property is changed to any classification under which the interim use is no longer
permitted.
(3) The City Council may impose any conditions on such interim use which it deems
necessary or expedient to protect the public health, safety or welfare or to assure
that permission for the interim use will not impose additional costs on the public if
it is necessary or expedient to take the property in the future. No such permit shall
be issued unless the applicant first agrees in writing to the imposition of any such
conditions.
(4) In addition to any other conditions which may be imposed by the City Council, the
following restrictions shall apply:
(A) Applicable lot standards and sign regulations shall be observed.
(B) A landscape and parking plan for the property shall be submitted and approved
by the Council.
(C) Unless approved by the Council pursuant to this Section and Section 7.8, no new
buildings may be erected on the property and no existing buildings maybe
expanded while the interim use continues.
(D) Temporary classrooms may be used for classrooms only and may not be used
for storage or converted to another use.
(E) The total square footage of both temporary and permanent classrooms on any
one site shall not exceed allowable district or use standards as outlined in
Sections 2.3 and 4.3, unless otherwise allowed by the Zoning Administrator as
outlined in Section 7.8.
4.4.9 Temporary Uses and Structures
(a) Purpose.
This subsection 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 subsection 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.
(b) General provisions.
The table at Section 4.4.9(f) lists the temporary uses allowed within all zoning districts except for the overlay zoning districts. The uses permitted in overlay districts shall be
guided by the underlying base zoning district, but are controlled by applicable
overlay district requirements.
(c) Unlisted uses.
If an application is submitted for a use that is not listed in the table at Section 4.4.9(f)
the Zoning Administrator 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 Zoning Administrator shall refer the use to the Planning Commission, who may initiate an amendment to the text of this UDO to clarify where and how the use
should be permitted.
(d) Use-specific standards.
The “use-specific standards” column of the table at Section 4.4.9(f) 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.
(e) Temporary Use permit application.
Application for permission to engage in a temporary use shall be made to the City. The applicant shall set forth their name, address, the location of the temporary use, the duration of the temporary use, the hours of the temporary use, the nature of the
proposed use and shall submit a map or diagram describing the layout of the temporary use. The Zoning Administrator may require further information as will
enable them to determine whether the temporary use meets the standards of this ordinance. The Zoning Administrator may, subject to the appeal provisions of this UDO, refuse to issue a temporary use permit; provided, however, that the reasons for
refusal shall be stated in writing to the applicant, and the applicant shall be notified of the appeal provision.
(f) Permitted Temporary Uses Table
(g) Use-specific standards for temporary uses and structures.
(1) Construction dumpsters.
Construction dumpsters are subject to the following standards:
Permitted Temporary Uses and Structures
Use Category and
Use Type
Construction
Dumpster
Garage/
Yard Sale
Outdoor
Dining*
Outdoor
Sales*
Portable
Storage
Container
Mobile food
units
Signs,
Temporary
R1 P P P
R2 P P P
R3 P P P
R4 P P P
R5 P P P
MX-N1 P P P P P P
MX-N2 P P P P P P
MX-C P P P P P P
TOD P P P P P P
C P P P P P P
MX-B P P P P P P
I P P P P P P
O P
Allowable
Duration
(per site)
One year, or duration of construction
whichever is
less
Maximum of three consecutive days, four times per
calendar
year
6 months per site per calendar
year
6 months per site per calendar
year
9 months per calendar year, taken
consecutivel
y or apart
N/A See sign code
Use Specific
Standards in
Section:
4.4.9(g)(1) 4.4.9(g)(2) 4.4.9(g)(3) 4.4.9(g)(4), 4.4.9(g)(5) 4.4.9(g)(6) 4.4.9(g)(7) See sign code
*Outdoor seating for eating establishments or outdoor sales areas for retail establishments may be permitted as
a permanent use with a conditional use permit.
(A) On private property, the dumpster must be stored on an improved hard surface
if located in front of the site, or it shall be located to the side or rear of the site,
but away from principal buildings on adjacent properties, to the extent
practical. The zoning administrator, upon written request, may grant
extensions to the maximum duration permitted.
(B) For the purposes of construction operations, dumpster may be of both the soft-
sided or hard-sided varieties.
(2) Garage or yard sales.
Garage or yard sales are subject to the following standards:
(A) Hours of operation for the garage or yard sale are limited to between 8:00 a.m.
and 9:00 p.m.; and
(B) Garage or yard sale signs identifying the location and times of a sale may be
placed on the property at which the sale is to be conducted or on the property
of others with their consent. Such signs shall not exceed 4 square feet in area
per side; shall not be placed on or attached to any public property or utility
pole; shall not be placed within the clear view triangle as required in the UDO,
Section 9.2; and must be removed within 24 hours of the time stated on such
sign for the conclusion of the sale.
(3) Outdoor seating for cafes or restaurants.
Outdoor seating for cafes and restaurants is subject to the following standards:
(A) An outdoor dining area may be allowed accessory and incidental to a restaurant
with indoor eating area on the same site provided that the outdoor eating area
shall comply with the parking requirements in this UDO
(B) Outdoor dining areas shall be designated on a site plan submitted for the
Temporary Use Permit application
(C) 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 sidewalk or other facility that is
closed to vehicular traffic, no railing or fencing shall be required unless it is a
required condition of the establishment’s liquor license;
(D) Umbrellas, or other protective elements, that shelter diners from the elements
shall be secured so as not to create a hazard;
(E) 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
(F) Within the TOD and N-MX districts, outdoor dining may encroach into setback
areas or the public right-of-way, provided that the sidewalk remains clear to a
width of five feet.
(4) Seasonal agricultural sales.
Seasonal agricultural sales are subject to the following standards:
i. 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, or traffic movements;
ii. The applicant shall demonstrate that adequate off-street parking is
provided for the duration of the sale. If applicable, consideration shall be
given to the parking needs of other occupants on the same property; and
iii. The sale of goods shall not occur within the public right-of-way.
iv. Hours of operation. The hours of operation of the seasonal sale of
agricultural products shall be between the hours of 8:00 a.m. and 9:00 p.m.,
or the same hours of operation as the principal use on the same lot,
whichever is more restrictive.
(5) Portable storage containers.
Portable storage containers are subject to the following standards:
(A) On private property, the container shall be placed on a paved surface.
(B) Containers on properties used for residential only:
i. The container is associated with an open building permit that is making
progress towards completion, or allowed in any other case for up to 30
days.
ii. Emergency situations (acts of god, fire, flood, tornado and high-speed
winds, and other similar events) to provide temporary storage of articles,
goods, or commodities.
a. Storage containers are allowed on a residential property a total of 90 days, taken consecutively or apart, within one calendar year.
i. This limit may be extended with approval from the zoning administrator.
(C) Containers on properties that are mixed-use, commercial, or non-residential
i. Storage containers do not require a permit if:
a. The container is associated with an open building permit that is making process towards completion.
b. Emergency situations (acts of god, fire, flood, tornado and high-speed winds, and other similar events) to provide temporary storage of articles, goods, or commodities
(D) Storage containers require a Temporary Use Permit if:
i. The storage container is intended for seasonal use
ii. The number of permits is limited to one permit per businesses, per calendar
year, based on the year it was issued. There is no limit on the number of
containers requested within one permit.
iii. The permit and use of storage container(s) are limited to a total of 9 months,
taken consecutively or apart within one (1) calendar year.
Section 5: Development Standards and Incentives
5.1 Dimensional Standards Summary
Dimensional Standards
Lot Dimensions (Minimum, only for lots created after the effective date)
Zoning
Districts R1 R2 R3 R4 R5 MX-
N1
MX-
N2 MX-C TOD C MX-B I O
Lot area (Sq.
ft/unit).
9,500
(Interior)
10,500
(Corner)
7,600
(One-
family
Interior),
8,500
(one-
family
corner),
5,000
(two-
family)
4,00
0 2,200 1,400 -- --
Minim
um 2
Acres
Contig
uous
Parcel
For
Reside
ntial
Use
200
0 ft
peri
mete
r
(max
)
-- -- -- --
Density
(Units/acre) 3-5 3-10 5-15 10-25 20-31 15-31 15-31 10-60 31 –
130 -- -- -- --
Maximum
size of
individual
non-
residential
use
-- -- -- -- -- 7,500 7,500 -- -- -- -- -- --
Lot width
(Interior) 75
60 (one-
family)
75 (two-
family
25 100 100 -- -- 100 -- 100 100 100 --
Lot width
(Corner) 90
75 (one-
family)
90 (two-
family)
25 100 100 -- -- 100 -- 100 100 100 --
Setbacks (Principal Structure)
Front build-
to line -- -- -- -- -- 5-20 5-20 -- 0-10 -- -- -- --
Front
(Interior) 35 35 35 35 35 NA NA 10 NA 35 35 35 --
Secondary
Front
(Corner)
15 15 15 35 35 5-20 5-20 10 0-10 35 35 35 --
Side
(Interior) 10 10 10 10 10 10 10 10 10 -
50 10 10 10 --
Rear 25 20 40 40 40 20 10 20 10 -
50 40 25 25 --
Additional Standards
Impervious
surface
coverage
(maximum)
-- -- -- -- 80% 80% 80% 80% 85% 80% -- -- --
Primary
structure
height
(maximum)
25 25 35 40 48 48 48 NA NA 40 NA 48 --
Dimensional Standards
Lot Dimensions (Minimum, only for lots created after the effective date)
Zoning
Districts R1 R2 R3 R4 R5 MX-
N1
MX-
N2 MX-C TOD C MX-B I O
Accessory
structure
height
(maximum)
16 16 16 16 16 20 20 20 20 16 16 16 --
Accessory
structure
setback,
Interior side
or rear
(minimum)
5 5 5 5 5 5 5 5 5 5 5 5 5
Accessory
structure
setback,
corner side
or front
(minimum)
Not
Allowed,
unless
less than
required
lot
width,
then 15
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
5.2 General Site and Building Standards for All Districts Except R1 and R2
5.2.1 Building Form
(a) Buildings shall be designed with a base, a middle, and a top, created by variations in
detailing, color, and materials. A single-story building need not include a middle. The
building form should consider the following characteristics:
(1) The base of the building should include elements that relate to the human scale,
including doors and windows, texture, projections, awnings, and canopies.
(2) Articulated building tops may include varied rooflines, cornice detailing, dormers,
gable ends, step backs of upper stories, and similar methods.
(b) Building design shall provide consistent architectural treatment on all building walls.
All sides of a building must display compatible materials, although decorative
elements and materials may be concentrated on street-facing facades.
5.2.2 Façade Treatment
No blank walls are permitted to face public streets, walkways, or public open space. Street-facing
facades shall incorporate offsets in the form of projections and/or recesses in the facade plane.
Open porches and balconies are encouraged on building fronts. In addition, at least one of the
following design features shall be applied on a street-facing facade to create visual interest:
(a) Dormer windows or cupolas
(b) Recessed entrances
(c) Covered porches or stoops
(d) Bay windows with a minimum 12-inch projection from the facade plane
(e) Eaves with a minimum 6 inch projection from the facade plane
(f) Changes in materials, textures, or colors
(g) Facades greater than 40 feet in length shall be visually articulated into smaller
intervals by one or a combination of the following techniques:
(1) Stepping back or extending forward a portion of the facade
(2) Variations in texture, materials, or details
(3) Division into storefronts
(4) Stepbacks of upper stories, or
(5) Placement of doors, windows, and balconies
5.2.3 Building Materials
All exterior wall finishes on any building must be a combination of the following materials:
(a) No less than 60% face brick; natural or cultured stone; pre-colored or factory stained
or stained on site textured pre-cast concrete panels; textured concrete block; stucco;
glass; fiberglass; or similar materials and no more than 40% pre-finished metal, cor-ten
steel, copper, premium grade wood with mitered outside corners (e.g., cedar
redwood, and fir), or fiber cement board
(b) Under no circumstances shall sheet metal aluminum, corrugated aluminum, asbestos,
iron plain or painted, or plain concrete block be acceptable as an exterior wall
material on buildings within the city.
(c) Other materials of equal quality to those listed, may be approved by the Community
Development Department.
5.2.4 Permitted Encroachments
The following shall not be considered as encroachments on setback requirements:
(a) Retaining walls, fences, and patios are allowed to encroach up to the property line
provided they meet all other provisions of this UDO.
(b) Ramps and landings providing handicapped accessibility may encroach up to the
property line, provided the requirements in Section 2.2 of this UDO are met.
(c) Recreation equipment, such as play structures, trampolines, seasonal swimming
pools, basketball hoops, and other similar features may encroach into required
interior side and rear setbacks provided they are no closer than three (3) feet from
the property lines.
(d) Uncovered decks may encroach up to six (6) feet into the required front setback
provided all of the following provisions are met:
(1) The entire encroachment, including stairs and attachments, must not exceed 100
square feet in area;
(2) The deck provides access to the main entrance of the principal dwelling;
(3) The floor of the deck is no higher than the threshold of the main entrance to the
principal dwelling;
(4) The underside of the deck, when viewed from the street, must be screened with a
decorative lattice, skirt board, landscaping or combination of materials to at least
fifty percent (50%) opaque; and
(5) The deck must be constructed with quality materials, maintained in in good
condition, and architecturally compatible with the principal dwelling to the greatest
extent reasonably possible.
(e) Enclosed or Unenclosed Porches may encroach up to ten feet (10’) into the front
setback provided all of the following provisions are met:
(1) The porch must maintain a minimum 25-foot setback from the front lot line; 10-foot
setback from a side interior lot line; and 20-foot setback from any street corner side-
yard lot line, with steps and/or accessibility ramps excluded from this provision
(2) The width of the porch shall not exceed 20-feet along the front edge of the
dwelling, and the maximum allowable size of the porch shall not exceed 200 sq. ft.
in area;
(3) The floor of the porch is no higher than the threshold of the main entrance;
(4) Enclosed porches may be not be erected or converted to four-season, year-round
use;
(5) In cases where a corner lot dwelling has separate front-door entrances on each
street-side, only one porch encroachment is allowed;
(6) The underside of the porch must be screened with a decorative lattice, skirt board,
landscaping or combination of materials, which is at least fifty percent (50%) opaque
when viewed from the street; and
(7) All new elements and features of the porch, including the roof, must be
architecturally compatible with the principal dwelling.
(f) Other conditions not considered as encroachments on yard setback requirements
include:
Additional Conditions for Permitted Encroachments
Condition Description Front Yard Side Yard
(Interior) Rear Yard Additional Standards
Principal building cornices, canopies,
eaves, gutters, and other similar
features
30 inches 30 inches 30 inches Shall not be closer than 24
inches from any lot line
Principal building chimneys, flues,
vents, and other similar features
30 inches 30 inches 30 inches
Shall not be more than 5 feet in width Shall not be closer than 24 inches from any lot line
Principal building window wells and
bay windows 36 inches 36 inches 36 inches Shall not be closer than 24 inches from any lot line
Principal building entry vestibules 6 feet -- --
Shall not be more than 8 feet in width, or more than 1 story in height
Principal building balconies 6 feet -- -- Must be 7 feet or more above grade
Fire escapes attached to the principal
building 4.5 feet 4.5 feet --
Landings, steps, uncovered decks,
and other similar features
6 feet
3 feet, but
not be closer
than 5 feet
from the side
lot line
6 feet
Shall not be located more than 30 inches off the ground
A railing enclosure no more than three (3) feet in height may be placed around such landing or uncovered deck, unless prior approval for a greater height is granted by the Building Official
(g) Interior side yard setback requirements may be waived in Mixed-use, Commercial and
Industrial districts where abutting property owners wish to abut along a common
wall built along the property line.
5.3 Operating and Maintenance Standards
5.3.1 Security Systems and Devices
(a) For the purpose of providing a reasonable amount of safety and general welfare for
persons occupying multiple family dwellings, an approved security system shall be
provided to control access at each multiple family building hereafter constructed. The
security system shall consist of locked building entrances or foyer doors, and locked
doors leading from hallways into individual dwelling units. Dead-latch type locks shall
be provided with lever knobs (or door knobs) on the inside of building entrance doors
and with key cylinders on the outside of building entrance doors. Building entrance
door latches shall be of a type that are permanently locked from the outside and
permanently unlocked from the inside.
(b) Every door that is designed to provide ingress or egress for a dwelling unit within a
multiple family building shall be equipped with an approved lock that has a
deadlocking bolt that cannot be retracted by end pressure; provided, however, that
such doors shall be openable from the inside without the use of a key or any special
knowledge or effort.
5.4 Exterior Lighting
5.4.1 Lighting standards
(a) Lighting shall be designed and arranged to restrict direct illumination and glare onto
abutting parcels.
(b) Mitigative measures shall be employed to limit glare and spill light to protect
neighboring parcels and to maintain traffic and pedestrian safety on public streets
and sidewalks. Illumination cast from lighting of the subject parcel shall not exceed
one (1) footcandle as measured from the centerline of a public street or residential
property line. These measures shall include lenses, shields, louvers, prismatic control
devices and limitations on the height and type of fixtures. (Amended, Bill 2009-1)
(c) Flickering or flashing lights shall not be permitted.
(d) Direct off-site views of the light source shall not be permitted except for globe and/or
ornamental light fixtures. Globe and ornamental fixtures shall only be used if the
developer can demonstrate that off-site impacts stemming from direct views of the
bulb are mitigated by the fixture design and/or location.
(e) Lights under the canopy of a gasoline dispensing station or similar structure shall not
be directly visible from a public street or another property. Such lights shall either be
recessed into the underside of the canopy or screened from view with shields.
(f) Poles within landscaped areas and plazas shall have a maximum height of 20 feet,
measured from grade. Poles within these areas may be set on pedestals no more than
eight (8) inches in height.
(g) Poles in parking lots shall have a maximum height of 24 feet measured from finished
grade.
(h) Lighting fixtures mounted directly on structures shall be permitted when utilized to
enhance specific architectural elements or to help establish scale or provide visual
interest, except as otherwise noted in Subdivisions 9 and 10. (Amended, Bill 2009-1)
(i) "Wall packs" shall be permitted only in loading and service areas and shall be down-lit.
(Amended, Bill 2009-1)
(j) Shielded illuminators or fixtures shall be permitted to light building mounted signage,
building facades, or pedestrian arcades if they are integrated into a building's
architectural design.
(k) Lighting should highlight entrances, art, terraces and special landscape features.
(l) If installed, exterior lighting shall meet the functional needs of the use, without
adversely affecting adjacent properties, neighborhoods or public uses, as determined
by the City. Specific requirements are listed below; however, the City reserves the
right to adjust these requirements based on concerns regarding safety, security
and/or impacts on surrounding properties. Illumination measurements shall be taken
by positioning the meter horizontally at ground level.
(m) Site lighting should provide consistent levels of illumination, avoiding pockets of very
high or low levels of illumination.
Open-air parking lots (including the roof level of multi-level parking structures):
Minimum Maximum Maximum Uniformity Ratio
0.2 fc 4.0 fc 20:1
Primary building entrances/exits and along pedestrian pathways:
Multifamily residential Commercial/Industrial
Minimum: 5.0 fc within five
(5) feet of the entrance/exit
Minimum: 10.0 fc within five
(5) feet of the entrance/exit
5.5 Parking and Driveways
5.5.1 Traffic and parking studies
(a) In review of a project or application, the City may require, at the developer's expense,
submission of a traffic and/or parking analysis that is prepared by a traffic engineer.
Such analysis shall assess the potential impact of a proposed project on roadways,
intersections, and/or on-site parking and circulation.
(b) If a traffic study indicates that a proposed project or use will have significant impact
on the existing service levels of roadways and intersections, the City may require a
"traffic management plan" to mitigate traffic impacts. Such plan may include travel
demand management strategies, use of transit facilities, or other appropriate
measures to reduce traffic congestion. Such plan may also necessitate improvements
to road systems. The developer shall be responsible for installation and expense of
necessary road system improvements and pedestrian facilities, and any such
improvements shall be constructed and installed according to City specifications.
(c) Off-Street Loading
(1) In connection with any use which is to be established or substantially altered and
which requires the receipt or distribution of materials or merchandise by trucks or
similar vehicles, there shall be provided off-street loading space on the basis of the
following minimum requirements:
(d) Minimum number of berths required for retail commerce, wholesale commerce,
manufacturing, and warehousing:
Sq. Ft. of Aggregate Gross
Floor Area
Minimum Required Number
of Berths
Under 10,000 0
10,000 to 25,000 1
25,000 to 40,000 2
40,000 to 100,000 3
100,000 to 250,000 4
Each additional 200,000 1
(e) Minimum number of berths required for other uses – Space adequate for the
convenient and uncongested loading and unloading of materials.
(f) Location – All loading berths shall be 25 feet or more from the intersection of two
street right-of-way lines. Loading berths shall not occupy any yard requirement
bordering a street.
(g) Size – The first berth required shall not be less than 12 feet in width and 50 feet in
length. Additional berths shall not be less than 12 feet in width and 25 feet in length.
All loading berths shall maintain a height of 14 feet or more.
(h) Access – Each loading berth shall be located so as to provide convenient access to a
public street or alley in a manner which will least interfere with traffic.
(i) Accessory Uses – Any area designated as a required loading berth or access drive so as
to comply with the terms of this Unified Development Ordinance shall not be used for
storage of goods or inoperable vehicles nor shall such area be included as a part of the
area necessary to meet the off-street parking area.
5.5.2 Off-Street Parking Requirements
(a) Off-street parking and loading space shall be provided in all multi-family residential,
mixed-use, commercial, and industrial districts in accordance with the requirements
of this Unified Development Ordinance.
(b) A development may reduce the required off-street parking spaces by up to fifty
percent when it can be demonstrated, in a parking-traffic study, prepared consistent
with city standards, that use of transit or demand management programs, special
characteristics or customer, client, employee or resident population will reduce
expected vehicle use and parking space demand for their development, as compared
to standard Institute of Transportation Engineers vehicle trip generation rates and
city parking requirements.
(c) Considerations may include the presence of shared parking, district parking, or on-
street parking that is available for the use of the development during regular usage
hours
5.5.3 Shared parking.
(a) Except for one and two-family dwellings, a portion of the required parking spaces
may be located on an adjacent property if the parking area complies with the
standards in this subdivision and is authorized in accordance with the approval of a
Conditional Use Permit.
(b) Shared parking is encouraged and permitted if the multiple uses that the shared
parking will benefit can cooperatively establish and operate the facilities.
(c) 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:
(1) A sufficient number of spaces is provided to meet the highest demand of the
participating uses;
(2) Evidence has been submitted by the parties operating the shared parking facility, to
the satisfaction of the zoning administrator, 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;
(3) The shared parking spaces will not be located in excess of 800 feet from the further
most point of the space to the front door, or other viable building entrance as
approved by the zoning administrator, of the use they are intended to serve;
(4) Accessory off-site parking shall be located such that pedestrian traffic will not be
required to cross a major thoroughfares as defined in Section 9.2.
(5) A shared parking agreement is submitted and reviewed as to form by the city
attorney that provides:
(A) 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);
(B) Assigned roles and responsibilities as to maintenance of the
shared parking area;
(C) Evidence of deed restrictions or other recorded covenants that
ensure that the spaces will be properly maintained during the
life of the development; and
(6) The approved shared parking agreement shall be filed with the application for a
zoning certificate or site plan and shall be recorded at Hennepin County in a manner
as to encumber all properties involved in the shared parking agreement; and
(7) No zoning certificate will be issued until proof of recordation of the agreement is
provided to the zoning administrator.
(8) Site improvements to ensure adequate lighting and pedestrian access between the
shared parking and primary use may be required as a condition of approval by the
City Council.
5.5.4 Parking Space Standards
(a) The following minimum parking standards are hereby established for all districts
other than R1 and R2:
Angle Space Width
Two Space Lengths Plus One Center Aisle
Curb to Curb With Curb Overlap
90° (Two-way) 8’8” 19.5+19.5+24.0=63’0” 18.0+18.0+24.0=60’0”
60° (One-way) 9’0” 20.0+20.0+20.0=60’0” 18.5+18.5+20.0=57’0”
45° (One-way) 9’2” 18.0+18.0+16.5=52’6” 17.0+17.0+16.5=50’6”
30° (One-way) 9’6” 15.0+15.0+16.5=46’6” 14.0+14.0+16.5=44’6”
0° (Parallel) 8’0” wide by 24’0”
long, with 24’0” aisle
(b) An accurate, dimensioned parking layout which complies with the foregoing shall be
submitted for approval with a site plan, and parking arrangements shall thereafter
comply with such layout. Parking spaces shall be clearly designated by lines painted
upon the surface of the parking area.
5.5.5 Access to Parking Space
Access to off-street areas shall be restricted to driveways 30 feet or less in width. No two
driveways on any single parcel of land in a business or industrial district shall be less than 50 feet
apart at the property line.
5.5.6 Required Parking Spaces
The minimum and/or maximum number of required off-street parking spaces for the following
uses shall be as shown in the following tables. Where no required minimum number of required
parking spaces is specifically listed for a individual use, the Zoning Administrator shall determine
the minimum number of required off-street parking spaces. The Zoning Administrator shall
consider functional similarities between uses where a parking requirement is listed in the UDO
and the proposed use in determining the parking requirement.
(a) Residential
Use Minimum
One- and Two-Family Dwellings 2 spaces per unit
Use Maximum
Multiple Family 2 spaces per unit
Licensed Residential Homes 3 parking spaces for every 5 beds offered for
residential purposes per adult resident.
3 spaces per 4 children residents for foster homes
and children’s homes.
(b) Commerce (Retail and Service/Office)
Use Maximum
Eating and Drinking Places Two spaces for every four seats, and one space for
every two employees on the average maximum
shift.
In drive-in establishments, consumption of food and
beverages typically takes place outside the principal
structure within the parking area on the parcels, as
well as inside the structure. Parking spaces for
designated for drive-in customers shall not be
credited as a part of the off-street parking area
needed to serve the sales operation conducted
within the buildings.
Business establishments containing drive-through
facilities, including restaurants and financial
institutions, shall provide a motor vehicle stacking
area for vehicles on the site. A minimum of six (6)
vehicle spaces per lane shall be provided. The
vehicle stacking area shall not extend beyond the
street right of way line and shall be delineated in
such a manner that vehicles waiting in line will not
interfere with nor obstruct the primary driving,
parking and pedestrian facilities on the site
Automobile Service Stations Three spaces for each enclosed bay plus one space
for each day shift employee plus a minimum of two
spaces for service vehicles and one additional space
for each service vehicle over two in number.
Other retail stores or centers
and financial institutions
Maximum allowable spaces are determined by the
building’s Gross Floor Area (GFA) as follows:
Less than 10,000 sq. ft. = 3 spaces per 1,000 sq. ft.
Greater than 10,000 sq. ft. = 4 spaces per 1,000 sq. ft
In multi-tenant retail centers, no additional parking
spaces beyond those allowed by the retail formula
shall be required of restaurant uses which altogether
occupy not more than 15% of the gross floor area of
the center. The parking formula for eating and
drinking establishments shall apply proportionately
to the seats and employees occupying space in the
center over and above 15% of the gross floor area
Motels and Hotels Two spaces for each unit plus one space for each
employee on any one shift.
Bowling Establishments
Five spaces for each lane. Additional parking for
food and refreshment facilities shall be determined
according to requirements for Eating and Drinking
establishments above.
Medical and dental clinics Three spaces for each doctor or dentist, plus one
space for every two employees or one space for
each 150 square feet of gross floor area, whichever
is the greater.
Office Buildings, exclusive of
those specific uses otherwise
listed in this section
Required spaces are determined by the building’s
Gross Floor Area (GFA) as follows:
3 spaces for every 1,000 sq. ft. of GFA
Other commercial uses,
excluding wholesale
One space for each 200 square feet of gross floor
area.
Indoor Recreation Twenty spaces for the first 1,000 sq. ft. of gross
building floor area, plus one space per 300 sq. ft. of
gross floor area in excess of 1,000 sq. ft. plus two (2)
spaces per outside tennis court.
(c) Industry and Wholesale
Use Minimum
Industry and Wholesale One space for every two employees based upon
maximum planned employment during any work
period or one space for each 800 square feet of
gross floor area whichever requirement is greater. In
the event the latter requirement is greater, adequate
land area shall be provided for the required off-
street parking area, but improved space need only
be provided according to the employees ratio.
(d) Miscellaneous
Use Minimum
Places of public assembly such
as houses of worship, theatres,
auditoriums (other than school
auditoriums) mortuaries,
stadiums, arenas, dance halls
One space for every three seats. Places of public
assembly located in a retail shopping center
complex of 50,000 square feet or more, exclusive of
the place of public assembly, may have one space
for every four seats
Nursing Care Homes 1 space for every 4 beds plus 1 space for every 2
employees and 1 space for each staff doctor
Hospitals One space for every two beds plus one space for
every two employees and one space for each staff
doctor.
Uses not covered by this list Spaces as required for the most similar use as
determined by the Zoning Administrator.
5.5.7 Surfacing, Drainage, and Curbing for All Districts Except R1
and R2
(a) Open off-street driving and parking areas shall be improved with a minimum of two
inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed
over a well compacted subgrade and gravel base. The base gravel shall conform to the
Minnesota Highway Department specifications for Class 5 gravel.
(b) Drainage plans shall be submitted to and approved by the City Engineer; drainage
shall be discouraged across sidewalks or driveways. The perimeters of all driving and
parking areas shall be bounded by cast in place concrete curb and gutter which
conforms with the Minnesota Highway Department Type "B-612". Other shapes of
concrete curb and gutter may be permitted providing the design provides an equal
cross-sectional area and is approved in writing by the City Engineer. The concrete
used for curbing shall conform to the current City specifications.
5.5.8 Surfacing, Drainage, and Curbing for R1 and R2 Districts
(a) Driveways and parking lots shall be constructed so as to provide drainage from the
garage to the street or storm sewer system unless an alternative method is approved
by the City Engineer.
(b) Off-street parking areas and driveways must be paved with concrete, plant mixed
bituminous surface (i.e., asphalt), brick, stone or form concrete pavers, or equivalent
material. Such surfacing shall be approved by the City Engineer and maintained in
good repair.
5.5.9 Curb cuts
(a) There shall only be one curb cut for each residential lot having curb and gutter.
Approval of a new or second curb cut shall require that the original curb cut be closed
and the driveway removed and the curb cut repaired at the applicant's expense.
(b) No curb cuts shall be made which will impair proper street drainage or cause ingress
and egress from properties to constitute a hazard to traffic if so determined by the
City Engineer.
(c) The existing curb shall be removed in complete whole sections. No cutting, sawing or
breaking of the existing curb shall be allowed, except for blacktop curbs. Joints
between the existing curb and the new entrance shall be made at the existing joints in
the in-place curb.
(d) Any portion of the existing pavement structure disturbed during the curb cut work
shall be repaired with similar materials of equal or greater structural capacity. Repair
limits shall be defined by right angle saw cuts so oriented to provide the least
noticeable surface patch.
(e) On existing streets, improved with curb and gutter, the period between removing the
in-place curb and constructing the new entrance shall not exceed seventy-two (72)
hours.
5.5.10 Joint Parking Facilities
With respect to development complexes, the required parking facilities to serve two or more uses
may be located on the same lot or in the same structure, provided that:
(a) The total number of parking spaces furnished shall not be less than the sum of the
separate requirements for each use.
(b) With respect to separate individual establishments, the City Council may approve the
joint use of common parking facilities under the following conditions:
(1) The building or use for which application is made to utilize the off-street parking
facilities provided by another building or use shall be located within 800 feet of
such parking facilities; and shall not be separated by a building or use with which it
does not share parking facilities in the manner prescribed by this Unified
Development Ordinance.
(2) The applicant shall show and the City Council must determine that there is no
substantial conflict in the principal operating hours and parking demands of the
two buildings or uses contemplating joint use of off-street parking facilities.
(3) A properly drawn legal instrument providing for joint use of off-street parking
facilities, duly approved by the City Council as to form and manner of execution
shall be filed as an easement encumbrance upon the title of the property.
5.5.11 Minimum Parking Reduction
A development may reduce the required off-street parking spaces up to fifty (50) percent, as
approved by the City Council, when it can be demonstrated that:
(a) In a parking-traffic study, prepared consistent with city standards, that use of transit
or demand management programs, special characteristics or customer, client,
employee or resident population will reduce expected vehicle use and parking space
demand for their development, as compared to standard Institute of Transportation
Engineers vehicle trip generation rates and city parking requirements.
(b) Considerations may include the presence of shared parking, district parking, or on-
street parking that is available for the use of the development during regular usage
hours
5.5.12 Commercial Vehicles Parked in R1 and R2 Districts
For each dwelling unit, off-street parking of not more than one licensed and operable commercial
motor vehicle is permitted provided that:
(a) Any such vehicle must be operated by a resident of that dwelling unit.
(b) Such parking is only permitted in a garage, driveway or improved hard surface in
accordance with the requirements of the UDO Section 2 for R1 and R2 districts.”
(c) Only class 1-4 vehicles may occupy off-street parking space in R1 and R2 districts, as
defined by the Minnesota Department of Transportation’s vehicle classification
scheme.
(d) Under no circumstances shall a semi-truck or tractor-trailer combination be parked or
stored off-street in an R1-R4 District.
5.5.13 Parking Lot Landscaping
(a) Off-street open parking facilities that accommodate more than 6 cars shall include
landscaping adjacent the lot, to the extent of at least 3 percent the total surface area
of all impervious parking facility area.
(b) For parking lot islands, a minimum of one deciduous tree shall be provided per island,
unless:
(1) The parking lot island is used for stormwater management
(2) The parking lot contains less than 40 spaces
(3) The parking island is located within a structured parking facility
5.5.14 Parking Lot Screening
All open off-street parking areas having more than six parking spaces and all off-street loading
and unloading spaces shall be effectively screened from any abutting residential lots by:
(a) a solid wall or opaque fence six feet high, or by such other device as may be approved
by the City Council.
(b) The screening device shall not extend within 10 feet of any street right-of-way.
(c) Such off-street parking and loading areas within any yards which abuts along a street
which is residentially zoned on the side opposite shall be screened from street view
by a screening device as approved by the City Council.
(d) Other landscaping requirements as outlined in Section 5.6.
5.6 Landscaping, Screening, and Fences
5.6.1 Landscape plans
(a) Except for R1 and R2, a landscape plan must be submitted for:
(1) With any application for new development;
(2) With any application for additions or modifications to existing development that
physically impacts existing landscaping or screening; or
(3) When changes are made to an existing landscaping or screening plan on file with
the city.
5.6.2 Landscaping Requirements Generally
For all districts, any lot area that is not devoted to the building site, driveways, sidewalks, off-
street loading or parking facilities, or similar elements, is considered the landscape planting area.
This area shall be planted and maintained with grass, shrubs, trees, or similar vegetation and/or
treatments typically found in landscaping. In addition, all districts must adhere to the following
landscape standards:
(a) Projects that require a landscape plan, shall submit a unified landscape plan that
creates a consistent character within the site, complementing the project scale, and
attempting to maintain a coherent landscape character with adjacent sites.
(b) Landscape plans are expected to be coordinated with any and all lighting plans, as
details in Section 5.4
(c) Any natural screening such as hedges or trees shall maintain at least a 50 percent
screening opacity throughout the year.
(d) To promote species diversity and resilience, no more than 40% of the total number of
trees may be of the same species
(e) When possible, existing mature trees should either be preserved, or reused during the
construction process.
(f) Landscape vegetation should use native and resilient plant types when possible, in
order to promote landscape resiliency and reduce site maintenance requirements.
(g) Where landscaping is required, soil shall be provided that does not include
substandard fill, gravel, sand, or contaminated materials.
(h) When installed landscape materials include a ball or burlap, they shall be installed so
that the ball and burlap does not extend above the immediate grade at installation.
(i) In order to preserve and promote the public safety, landscape materials shall not be
located in a manner that in their mature state, they interfere with safe pedestrian
sight lines, and does not conflict with overhead leads or utility lines.
(j) In order to preserve and promote the public safety, nothing shall be erected, placed,
planted, maintained, or allowed to grow on a corner lot of any district in a manner
that materially impedes the vision withing the Clear View Triangle. Certain objects
may remain in the Clear View Triangle if, based on city engineering judgment and
discretion, there are other circumstances that limit or minimize risk at the
intersection.
(k) Berms or similar mounding features shall use proper and adequate plant materials to
mitigate risk of erosion, and when intended to be mowed, the maximum permitted
slope is 3:1.
(l) The site layout for any non-residential development shall include an underground
lawn sprinkler system to facilitate maintenance of site landscaping and green areas.
5.6.3 District Landscaping Requirements
At least 50 percent of the landscape planting area shall include vegetation, and be based on the
following systems:
(a) Minimum landscape requirements for the R2-R3 Districts
(1) 1 tree per 1000 square feet of landscape planting area
(2) 1 shrub per 100 square feet of landscape planting area
(b) Minimum landscape requirements for the R4-R5, C, MX-B, and I districts
(1) 1 tree per 750 square feet of landscape planting area
(2) 1 shrub per 75 square feet of landscape planting area
(c) Minimum landscape requirements for the TOD, MX-N, and MX-C Districts shall be
based on the following project value
Project Value Landscape Minimums
Below $1,000,000.00 2 percent
$1,000,000.00—$3,000,000.00 $20,000.00 + 1 percent of total
project value
$4,000,000.00—$5,000,000.00 $40,000.00 + .50 percent of total
project value
Over $5,000,000.00 value - in excess of
$4,000,000.00
1 percent + .25 percent of total
project value
(d) The above systems do no substitute applicable screening and buffer requirements set
forth in the UDO under section 5.6.8. Plantings used for screening purposes will be
counted as part of the minimum planting requirements, but fulfilling the
requirements will not obviate the requirements for screening.
(e) Mature existing trees will be counted as part of the minimum planting requirements
on the basis of the above system. A consideration equal up to the full landscape
planting requirement of a site may be granted by the city for the preservation of large
existing plantings.
5.6.4 Landscaping and Parking
Parking shall be landscaped as outlined in sections 5.5.1 – 5.5.2.
5.6.5 Landscape Visibility at Intersections
In order to preserve and promote the public safety, nothing shall be erected, placed, planted,
maintained, or allowed to grow on a corner lot in any district in such a manner as materially to
impede vision within the Clear View Triangle. Certain objects may remain in the Clear View
Triangle if, based on engineering judgment and discretion, there are other circumstances that
limit or minimize risk at the intersection.
5.6.6 Landscaping Exceptions
The zoning administrator may approve the substitution or reduction of landscape requirements,
materials, applicable area, or other standards as outlined in section 5.6.2-5.6.4, provided one or
more of the following conditions exists:
(a) The application will provide a site and landscape plan of exceptional design, including
amenities such as outdoor public space, public seating, bike or pedestrian facilities,
and/or a transit shelter that will enhance the area.
(b) The application will provide landscape plan of exceptional design that is more
consistent with the design of the site, and/or the surrounding area.
(c) The application will provide a site plan that is more consistent with the surrounding
character.
(d) Existing site conditions, including plant, topography, or screening of the site and its
surroundings make the required landscaping or screening unnecessary.
(e) The required landscaping or screening will hinder delivery and/or service access
necessary to the operation of the use.
(f) The required landscaping and/or screening may reduce pedestrian surveillance or
sightlines of the site, or obstruct views of traffic, or conflict with the Clear View
Triangle.
5.6.7 Landscape Maintenance
All approved landscaping shall be kept well maintained and in good repair.
5.6.8 Screening
Perimeter screening should be designed as required, to provide a visual buffer between
incompatible uses.
(a) Screening shall be included in the following circumstances:
(1) Along the perimeter of off-street parking with more than six parking spaces, and
abutting an R1-R5 or MX-N district.
(2) Along the lot lines of any I or MX-B district located adjacent to an R1-R5, or MX-N
district, and along any lot line that faces across a street from an R1-R5 or MX-N
district.
(3) Along the lot lines of any principle or accessory structure in any commercial, mixed
use, industrial, or TOD district located adjacent to an R1 or R2 residential district.
(4) Along the perimeter of telecommunications towers
(b) Screening standards
(1) Required screening can be achieved with fences, hedges, or similar landscaping
elements.
(2) All required screening shall have a minimum height of five feet above grade, and be
architecturally complimentary of the principle building. When possible, the
screening should also be visually cohesive with abutting lots.
(3) Required screening shall be located within the lot occupied by the use or structure
to be screened. No screening shall be located in the public right of way, unless
otherwise approved by the zoning administrator.
(4) All required screening plans shall be submitted alongside required landscape plans.
(5) Any vegetative screening such as hedges or trees shall maintain at least a 50 percent
screening opacity throughout the year when the planting reaches maturity.
(c) Rooftop Mechanical Equipment: As viewed from ground levels at a variety of
locations, all mechanical equipment located on the roof of a structure must be
screened by a raised parapet; or with comparable and compatible exterior building
materials.
(1) A raised parapet or other architectural feature that is an integral part(s) of the
building may be required as screening for rooftop mechanical equipment or to
soften rooftop views.
(2) Screening for rooftop mechanical equipment must incorporate similar architectural
features of the building and/or be constructed of a material and color compatible
with other elements of the building.
(3) Incidental rooftop equipment deemed unnecessary to be screened by the Zoning
Administrator or designee must be of a color to match the roof or the sky,
whichever is more effective.
(4) Metal cabinets used to enclose and protect rooftop mechanical equipment must not
substitute as screening.
(d) Ground Mounted Mechanical Equipment: All ground mounted mechanical equipment
accessory to the principal structure over thirty inches (30") or greater than twelve (12)
cubic feet shall be screened from public views, except for lots containing one and two
family dwellings. Acceptable screening materials must be similar to or compatible in
design and color with those used on the principal structure.
5.6.9 Fences
Fences may be erected, placed, or maintained along or adjacent to a lot line. The fence owner
shall be responsible for properly locating all property lines before fence construction.
(a) Permit required
(1) For fences located in any district which are six (6) feet in height or greater, a permit
is required before any work may commence.
(b) Fence standards
(1) Allowable height
(A) Front yard. No fence shall exceed four (4) feet in height at the
front property lines.
(B) Rear and side yards. No fence shall exceed six (6) feet in height
at the side and rear property lines.
(C) No fence shall encroach within the Clear View Triangle, unless
otherwise permitted by the Zoning Administrator.
(2) Permitted materials
(A) Fences shall be constructed of wood, metal, bricks, masonry or
other similar materials, designed for permanent fencing. Fences
constructed of wood shall be resistant to decay. Fences on a
single property may not be constructed of more than two
different materials. All fence materials shall be uniform in color
with the exception of minimal hardware and fasteners,
including screws, and gate hinges and latches.
(3) Prohibited materials
(A) Fences shall not be constructed of electrically charged wire,
barbed wire, razor wire, or other similar materials not
specifically manufactured for permanent fencing.
(B) Any materials not listed here should be considered prohibited
unless approval is provided by the Zoning Administrator.
(4) Posts and supporting members
(A) All fence posts and related supporting members of the fence
shall be erected so that the finished side or sides of the fence
face the adjacent property or public right-of-way.
(5) Maintenance
(A) Every fence and retaining wall on or adjacent to residential
property shall be kept well maintained and in good repair.
5.6.10 Drainage Ways
No obstruction, diversion, bridging or confining of the existing channel of any natural waterway,
or any drainage swale approved as a part of the drainage system of a plat in the municipality
through which surface water in time of storms naturally flows upon or across the land, shall be
permitted without special permit. Before granting a special permit, the Zoning Administrator shall
first find that the diversion, bridging, etc. will carry the amount of water usually likely to flow. The
right is reserved to the municipality as an incident to the development of the municipality,
including the construction of streets and gutters, ditches, etc., to cause considerable increases or
decreases in the amount of water which would in a state of nature flow into and through such
natural water channel or drainage swale.
Signs
6.1 General Provisions
6.1.1 Purpose
This Chapter is designed to provide regulations for the erection and maintenance of signs. The general objectives of these regulations are to enhance the health, safety,
welfare and convenience of the public and to achieve the following for the City:
Comprehensive standards, regulations and procedures governing the erection, use
or display of devices serving as visual communications;
Aesthetic preservation;
Preservation of the residential character of residential neighborhoods;
Preservation of order and cleanliness;
Avoidance of the appearance of clutter;
Avoidance of litter and the growth of weeds around signs;
Providing necessary visual communications;
Preservation and promotion of a pleasant physical environment;
Protection of public and private property;
Encouraging safety on the roadways by preserving sight lines and reducing
distractions to motorists;
Reduction of administrative burdens; and
Compliance with all federal and state laws requiring content-neutral regulation of
signs and promoting freedom of speech and expression.
6.1.2 Procedures
The Zoning Administrator shall review and make a decision on the application.
If the Zoning Administrator approves the application, then a 20% increase above the
total sign area on the lot otherwise permitted by this Chapter is permitted, with the
additional area to be allocated as specified by the Zoning Administrator.
Permit and Fee
(1) No sign shall hereafter be erected, re-erected or altered unless a permit for each such sign has been
obtained or unless permitted by Section 4.3.
(2) A sign permit shall be required any time the sign area is increased and any time a static message sign is
converted to an electronic message sign or vice versa.
(3) Electrical permits shall be obtained for all electric signs.
(4) Applications for a sign permit shall be made in writing upon forms furnished by the Community
Development Department. The Community Development Department may require filing of plans or other
pertinent information where, in their opinion, such information is necessary to ensure compliance with this
Chapter.
(5) A permit fee, as set forth in the City’s approved fee schedule, shall be collected before the issuance of any
sign permit when fees are required under this Chapter.
6.1.3 Criteria for approval
An application for a creative sign program shall be approved if the Zoning Administrator determines that it meets the following criteria:
Architectural criteria
(1) The sign(s) use or enhance the architectural elements of the building;
(2) The sign(s) are placed in a logical location in relation to the overall composition of the building facade;
(3) The sign(s) are integrated within and do not cover any key architectural features and details of the building
facade; and
(4) No sign is larger than 100 square feet.
Wall signs
(1) Each wall sign is centered within an area uninterrupted by doors, windows or architectural details.
(2) Each wall sign is designed to be compatible with and relate to the architectural style of the main building
or buildings upon the site where the sign is located.
(3) Each wall sign’s colors are complementary to the colors of the building on or near where it is to be located.
Design quality
The sign(s) as a whole:
(1) Constitute a substantial aesthetic improvement to the site and have a positive visual impact on the
surrounding area;
(2) Exhibit imagination, inventiveness and unique design;
(3) Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials,
scale, proportion and form; and
(4) Contribute to the image of the City by conveying a distinctive character and convey a strong sense of
place.
(5) Do not include any illuminated box signs with clear or translucent sign message surfaces.
Multiple signs
Where more than one sign is proposed, all signs have designs that incorporate the following design elements in a compatible and coordinated fashion including:
(1) Letter style of copy;
(2) Components;
(3) Type of construction materials;
(4) Lighting; and
(5) Structural support (e.g. wall or ground base).
Neighborhood impacts
When evaluating neighborhood impacts, the sign(s) must:
(1) Constitute a substantial aesthetic improvement to the site and have a positive visual impact on the
surrounding area;
(2) Provide strong graphic character through the imaginative use of graphics, color, texture, quality
materials, scale and proportion; and
(3) Do not create adverse impacts on neighboring uses.
Sign materials
The sign(s) maintain attractive and compatible styling so as not to conflict or distract
from the architectural character of the area and the choice of materials and the
workmanship in the use of the materials conveys both a sense of quality and
creativity.
6.1.4 Displays on Walls or Structures that Exceed Maximum Sizes
Displays painted on or mounted on fabric affixed to walls or structures that exceed
maximum sign area permitted by this Chapter may be approved by the Planning Division
provided that the display:
Is a form of speech or expression protected by the First Amendment of the U.S.
Constitution and/or the Minnesota Constitution;
Will be created, constructed, erected, or displayed in a way that is visually distinct
from other permitted signs on the property;
If located on public property, will activate or enhance a public space or streetscape;
Does not exceed the dimensions of any surface upon which it is mounted;
Will be treated to address vandalism and exposure to sun;
Will not require extensive or repeated maintenance, or the applicant has provided
adequate assurance (including financial assurance) that maintenance and repairs will be
timely performed;
Does not create a threat to public health or safety or to vehicular, bicycle, or
pedestrian traffic safety;
Does not create noise, sound, light, reflection, glare, shading, flickering, vibration,
or odor impacts on nearby properties;
Does not impair the performance of required city functions on or around the
property.
Not be located on residential zoned property; and
Not be visible within 125 feet of the sign from a property that is zoned for
residential use.
6.1.5 Maintenance
All signs permitted by this Unified Development Ordinance must be:
Clearly legible;
Kept in good repair and free from faded or peeling paint, rust, damaged or rotted
supports, framework or other material, broken or missing faces or missing letters.
Repaired or removed by the licensee, owner or agent of the owner of the property
upon written notice from the Zoning Administrator that the sign does not comply with
the provisions of this Chapter;
Removed by the property owner when the occupant of a building or parcel ceases
to use the property and abandons the site or building space. If the owner of the
property fails to remove all obsolete signs within 90 days after the former occupant
vacates the premises, the City shall be entitled to have such signs removed, either by its
own forces or by hire of a licensed sign contractor and the cost of such removal shall be
assessed against the property. The City shall notify the owner at least 30 days before the
City intends to remove the sign.
6.2 Standards Applicable to all Signs
6.2.1 Location
No part of any permanent freestanding sign shall be closer than 10 feet to the side
lot line.
No part of any sign shall project over or beyond the property line of the property
where the sign is located.
Unless set back 10 or more feet from the street right-of-way line, the supporting
column(s) of a freestanding sign exceeding 16 feet in area shall not materially impede
vision between a height of two-and-a-half and seven-and-a-half feet above the centerline
grade of the street. Freestanding signs located within the clear view triangle defined in
Section 9.1.2 shall have a minimum vertical clearance of 10 feet above the centerline
grade of the intersecting streets.
Wall signs shall be of a uniform design compatible with the exterior appearance of
the building.
When electrical signs are installed, their installation shall be subject to the City's
electrical code.
6.2.2 Lighting
Illuminated signs shall be illuminated by lighting internal to the sign or shall be shielded to prevent light trespass onto adjacent properties or public streets. Signs on the top of
office or industrial buildings adjacent to residential districts shall not be illuminated after
10 p.m. or before 6 a.m.
6.2.3 Projecting Signs
No projecting sign shall:
Project more than 96 inches out from the wall where it is attached;
Extend above the roof line;
Exceed the area of a freestanding sign that is permitted according to Table
5.6.5(c.2).
6.3 Nonconforming Signs
6.3.1 Existing conforming signs
Any legal nonconformity under a previous City Code will also be a legal
nonconformity under this Code, so long as the situation that resulted in the legal
nonconforming status under the previous Code continues to exist. If a legal
nonconformity under the previous Code becomes conforming because of the adoption
of this Code, then the situation will no longer be considered nonconforming.
Nonconformities will generally be permitted to continue under the provisions of
this Code.
6.3.2 Appeals
Any person may appeal any administrative decision authorized by this Chapter in
accordance with the procedures set forth in Section 6.3.8.
6.3.3 Message Substitution
Sign copy or messaging may be changed without additional approvals.
6.4 Prohibited Signs
The following types of signs are not permitted in the City:
Signs that, by reason of position, shape or color would interfere with the proper function of a traffic sign or signal.
Signs within the public right-of-way or easement except for government
installed signs.
Signs that resemble any official marker erected by a governmental agency or
that display such words as “Stop” or “Danger.”
Flashing or rotating signs, including those located indoors, if they are visible
from public streets.
Signs that obstruct any window, door, fire escape, stairway or opening intended
to provide ingress or egress for any building structure, except for signs in commercial or industrial zoned properties located on the inside glass portions of windows or doors that do not cover more than 20% of any individual pane of
glass.
Sign posters that are tacked or posted on trees, fences, utility poles or other similar supports.
Signs painted directly on building walls.
Internally illuminated cabinet signs with clear or translucent sign message
surfaces.
Roof-mounted signs or signs that project above the highest point of the building.
Off-premises advertising signs as defined in Section 9.2.
6.5 Sign Standard Adjustments and Variances
Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site
Plan Review or a Planned Unit Development process. This provision shall not be used to
permit dynamic display signage. In order to approve any sign standard adjustment, one of
following (1) or (2) criteria shall be satisfied, and the necessary criteria of (3) shall be satisfied:
(1) There are site conditions which require a sign adjustment to allow the sign to be
reasonably visible from a street immediately adjacent to the site;
(2) The sign adjustment will allow a sign of exceptional design or a style that will
enhance the area or that is more consistent with the architecture and design of
the site;
(3) The sign adjustment will not result in a sign that is inconsistent with the purpose
of the zoning district in which the property is located or the current land use.
All other adjustments that cannot satisfy the above allowance shall be processed as a variance. The procedure for obtaining a variance from the requirements of this
Chapter are set out in Section 6.3.7.
6.6 On-Premises Signs that Require a Sign Permit
6.6.1 Residential (R1 through R5) Districts
Signs in the R1 through R5 District are permitted with a sign permit as follows:
Table 6.6.1: R1 – R5 On-Premises Signs
Type of
Residence
Number and Type
of Signs Permitted
Maximum Size of
Sign(s) Permitted
Exceptions (if any)
In R1, R2 and R3
District in
structures where
a permitted home
occupation is
being conducted
One freestanding
or wall sign per
dwelling
Two and half
square feet in
area and six feet
in height
If located along a major
thoroughfare, as defined
in Section 9.2, maximum
area is six square feet
Multiple family
dwelling buildings
with up to 36
units
Two wall signs per
building
6 square feet in
area if located on
a lot abutting an
R1, R2, or R3
district, provided
the sign does not
face an R1, R2, or
R3 lot containing
a single or two-
family dwelling
40 square feet in area if
located in a zone district
other than R1, R2, or R3
Multi-
establishment in
R3 through R5
Districts with at
least 37 dwelling
units
Freestanding: 25
square feet in
area and 10 feet
in height
Wall: 40 square
feet in area
If there is only one
freestanding sign and no
wall signs erected, then
maximum area is 36
square feet
6.6.2 Mixed Use Districts (MX-N1, MX-N2, TOD-Edge, TOD-Core)
Wall signs and projecting signs in the Mixed Use Districts are permitted as follows:
Table 5.6.5(b.1): Mixed Use On-Premises Signs
Type of
Establishment
or Enterprise
Number and
Type of Signs
Permitted
Maximum
Size of
Sign(s)
Permitted
Exceptions (if any)
Individual
establishment
or multistory
office building
A wall or
projecting sign
on each wall
10% of the
aggregate
area of the
wall
supporting
the signs
If the building front is articulated, total
sign area may be measured based on
the entire area of the front facing wall
Table 5.6.5(b.1): Mixed Use On-Premises Signs
Type of
Establishment
or Enterprise
Number and
Type of Signs
Permitted
Maximum
Size of
Sign(s)
Permitted
Exceptions (if any)
Multi-
establishment
Each
establishment
may have wall
or projecting
signs on each of
its exterior
walls
10% of the
aggregate
area of the
wall
supporting
the signs
When no signs are erected on any
establishment, then the aggregate of
the establishments may have a wall
or projecting sign on each wall
identifying the tenants collectively or
identifying the complex so long as the
areas of each sign does not exceed
10% of the area of the wall
supporting it
Multi-
establishment
with at least
37 dwelling
units
Two
freestanding
signs or wall
signs
Freestanding:
25 square
feet in area
and 10 feet
in height
Wall: 40
square feet
in area
If there is only one freestanding sign
and no wall signs erected, then
maximum area is 36 square feet
Freestanding signs in the Mixed Use Districts are permitted as follows:
Table 5.6.5(b.2): Mixed Use On-Premises Signs
Type of
Establishment
or Enterprise
Number and
Type of Signs
Permitted
Maximum
Size of
Sign(s)
Permitted
Exceptions (if any)
Individual
establishment
or multistory
office building
One
freestanding
sign
72 square
feet in area
and 20 feet
in height
When the building abuts two or
more collector or arterial streets,
one freestanding sign with a
maximum area of 108 square feet
may be erected along each street
frontage
Multi-
establishment
In addition to
freestanding
signs otherwise
permitted by
this Chapter,
one
freestanding
sign per street
frontage
145 square
feet in area
and 15 feet
in height
None
Canopy signs in the Mixed Use Districts are permitted if the following conditions
are met:
(1) The canopy structure complies with all minimum building setback standards applicable to the principal
structure.
(2) The canopy structure is attached to the building wall and is deemed by the Building Official to be an
integral part of the building.
(3) The primary function of the canopy is to provide an outside cover or shelter for pedestrians as opposed
to automobiles.
(4) The sign does not extend or project above the top of the canopy.
(5) The area of the sign does not exceed 10% of the canopy face or elevation that is parallel to the wall where
the canopy is attached.
(6) All lighting on the underside of the canopy shall be recessed. Under canopy lighting shall be designed to
provide an average level of illumination not to exceed 20 foot-candles with a maximum foot-candle reading
beneath the canopy not exceeding 30 foot-candles.
(7) The sign complies in all other respects with the provisions of this Chapter for wall signs.
6.6.3 C, MX-B1, and I Districts
Wall and projecting signs in the C, MX-B1, and I District are permitted as follows:
C, MX-B1, I On-Premises Signs
Type of
Establishment
or Enterprise
Number and
Type of Signs
Permitted
Maximum Size
of Sign(s)
Permitted
Exceptions
(if any)
Individual
establishment
Wall signs and
projecting signs on
each wall
Abutting and facing
freeway frontage:
15% of the aggregate
area of the wall
supporting the signs
Other:
10% of the aggregate
are of the wall
supporting the signs
If the building
front is
articulated, total
sign area may be
measured based
on the entire area
of the front facing
wall
Multistory office
building
Wall or projecting
signs on each wall
10% of the area of the
wall supporting the sign
If the building
front is
articulated, total
sign area may be
measured based
on the entire area
of the front facing
wall
C, MX-B1, I On-Premises Signs
Type of
Establishment
or Enterprise
Number and
Type of Signs
Permitted
Maximum Size
of Sign(s)
Permitted
Exceptions
(if any)
Multi-establishment
or enclosed shopping
center
Wall signs and
Projecting signs on
each of its exterior
walls that does not
face an adjacent lot
in an R1, R2, or R3
District
Abutting and facing
freeway frontage:
15% of the aggregate
area of the wall
supporting the signs
Other:
10% of the aggregate
area of the wall
supporting the sign.
If the building
front is
articulated, total
sign area may be
measured based
on the entire area
of the front facing
wall
Freestanding signs in the C, MX-B1 and I Districts
(1) One freestanding sign is permitted, or if the establishment has two or more collector or arterial street
frontages exceeding 400 feet then one freestanding sign on each street is permitted, provided the maximum
size and height complies with the following table:
C, MX-B1 and I On-Premises Signs
Building Gross Floor
Area Square Feet
Maximum Sign Area Square
Feet
Maximum
Sign
Height
(above 1st
floor) Feet
5,000 and below Abutting and facing freeway frontage:
155
Other: 124
25
5,001 – 10,000 Abutting and facing freeway frontage:
180
Other: 155
26
10,001 – 20,000 Abutting and facing freeway frontage:
210
Other: 180
28
20,001 and above Abutting and facing freeway frontage:
230
Other: 210
30
6.6.4 Outdoor sales
An additional freestanding sign more than what is allowed in Section 6.6.5(a) is
permitted in an individual establishment having a gross building floor area larger than
24,000 square feet and a minimum lot area of four acres or more, when at least 50% of
the land is used for outdoor sales.
The additional freestanding sign above shall not exceed 125 square feet in area and
24 feet above the first floor of the building and shall be separated from the first
freestanding sign by a minimum of 200 feet.
An individual establishment is not eligible for an additional freestanding sign under
this Subsection if:
(1) Any nonconforming signs exist on the premises;
(2) The additional sign would be located within 150 feet of residentially zoned property; or
(3) It is located on a corner lot and qualifies for an additional freestanding sign under Section 6.6.
6.6.5 Wall and freestanding sign tradeoff
An individual or clustered establishment may be entitled to one additional
freestanding sign if the building owner or a duly authorized agent agrees in writing to
forego all permitted wall signs and the additional freestanding sign complies with all
applicable standards in this Chapter.
6.6.6 Development complex
In addition to other signs permitted by this Section, every multiple building
development complex shall be entitled to one additional freestanding sign per street
front not to exceed 145 square feet in area and 15 feet in height.
6.6.7 Canopy signs in the C, MX-B1 and I District
Individual and clustered establishments or enterprises and multistory office buildings may
have canopy signs, to be considered a type of wall sign, if the following conditions are met:
The canopy structure complies with all minimum building setback standards
applicable to the principal structure.
The canopy structure is attached to the building wall and is deemed by the Building
Official to be an integral part of the building.
The primary function of the canopy is to provide an outside cover or shelter for
pedestrians as opposed to automobiles.
The sign does not extend or project above the top of the canopy.
The sign is placed on the elevation of the canopy that is parallel to the wall where it
is attached.
The area of the sign for individual and clustered establishments does not exceed
30% of the canopy face or elevation that is parallel to the wall where it is attached. The
area of the sign for a multistory office building does not exceed 10% of the canopy face
or elevation that is parallel to the wall where it is attached.
All lighting on the underside of the canopy shall be recessed. Under canopy lighting
shall be designed to provide an average level of illumination not to exceed 20 foot-
candles with a maximum foot-candle reading beneath the canopy not exceeding 30 foot-
candles.
The sign in all other respects is consistent with the provisions of this Chapter for
wall signs.
6.6.8 Gasoline service stations in the C, MX-B1 and I District
In addition to other signs permitted by this Section, gasoline service stations shall
be entitled to a freestanding sign on each pump island. Sign sizes shall not exceed 20
square feet in area and 15 feet in height.
6.6.9 Public Uses (All Districts Where Public Uses Are Permitted)
Public use freestanding signs
One freestanding sign not to exceed 36 square feet in area and 10 feet in height is permitted in all Districts where public uses are permitted. An additional
freestanding sign is permitted if the use abuts two or more streets. Properties
entitled to an additional freestanding sign may erect an additional freestanding
sign not to exceed 72 square feet in area and 15 feet in height.
6.6.10 Public use wall signs
One wall sign not to exceed 36 square feet in area is permitted.
An additional wall sign not to exceed 10 square feet in area immediately above or
beside each public entrance to that part of the building is permitted.
Any wall sign that does not exceed three square feet and is not intended to be
legible from public streets is permitted.
6.6.11 Dynamic Messaging Signs (DMS)
DMS are permitted in any District where public uses are permitted in accordance
with the provisions in this Section. Notwithstanding Section 4.3.1, a conditional use
permit is required for DMS.
DMS regulations
(1) DMS are permitted on a freestanding sign aligned perpendicular to the adjacent arterial or collector
street as specified in the City’s Comprehensive Plan.
(2) The message must remain constant for at least five seconds.
(3) The sign may not remain blank for longer than one second in between message changes.
(4) The area may not exceed an equivalent of 50% of each sign face area.
(5) The sign shall be located no closer than 50 feet from any residential dwelling.
(6) Signs within 500 feet of a residential dwelling that face a residence shall display a static message
between the hours of 9:00pm and 7:00am.
(7) The sign may not flash, blink, rotate, spin, contain full motion video or create any other distraction to
motorists.
(8) If the sign malfunctions, it must automatically turn black.
(9) Lighting intensity shall not exceed 5,000 nits in daytime and 500 nits at nighttime.
(10) The sign must have dimming technology that automatically adjusts its brightness in direct correlation
with ambient light conditions. Brightness shall not exceed 0.3 foot-candles above ambient light as measured
from a preset distance depending on the sign size, as indicated in Table 5.6.5(d).
Table 5.6.5(d) – DMS Sign Measurement Distance for Brightness
Measurement Calculation = Sign Area x 100
Area of Sign in Square Feet Measurement Distance in Feet
10 – 30 55
31 – 60 75
61 – 90 95
91 – 100 100
6.7 Temporary Signs that Require a Permit
6.7.1 Temporary freestanding signs
Temporary freestanding signs that do not meet the standards of Section 6.8.2 may be
approved as follows:
One temporary sign not to exceed 100 square feet in area per side or 200 square
feet for a two-sided sign with a height not to exceed 12 feet is permitted during any time
between when a building permit is issued and when a certificate of completion or
certificate of occupancy is issued.
A maximum of eight off-premises signs per applicant located within two miles,
measured along the shortest public street right-of-way, of a property is permitted
during any time between when a building permit is issued and when a certificate of
completion or certificate of occupancy is issued. Each sign may not exceed 16 square
feet per side or 32 square feet for a two-sided sign with a height not to exceed 12 feet.
Each sign must be a minimum of 600 feet from another temporary off-site sign.
6.7.2 Portable signs;
Portable signs in residential districts shall not exceed six feet in height and 10
square feet in area.
Portable signs in nonresidential districts shall not exceed 12 feet in height and 40
square feet in area.
6.7.3 Banners
Up to up to 2 banners may be displayed provided they do not exceed a total of 30
square feet each in size and are displayed for no more than 60 days in aggregate per
calendar year.
The banners must be affixed to a building or in compliance with lot and setback
requirements and obtain a temporary sign permit.
6.7.4 Pennants, streamers, balloons, stringers or similar attention attracting devices
Pennants, streamers, balloons and similar attention attracting devices are
permitted for no more than 60 days in aggregate per calendar year with a temporary
sign permit.
The devices must be affixed to a building or other stationary structure, and my not
obstruct pedestrian or traffic flow. The devices may not be located within the public
right-of-way or affixed to any publicly-owned facility.
Rotating beams, beacons or flashing illuminations or those that do not remain
stationary;
Roof signs;
6.7.5 Special On-Premises Sign Program
Purpose
The special on-premises sign program allows property owners and businesses to propose creatively designed signs that:
(1) Encourage signs of high-quality materials and workmanship;
(2) Encourage signs of unique design that exhibit a high degree of imagination and inventiveness; and
(3) Provide a process for the application of creatively designed signs that make a positive visual contribution
to the overall image of the City, while mitigating the impacts of large or unusually designed signs.
6.8 Signs that May be Erected without a Permit
No sign permitted by this Section may be erected or maintained in the public right-of-way or
easement unless the sign does not exceed six square feet in area and is set back at least 10
feet from the back of the curb or improved edge of a roadway and set back at least two feet
from the improved edge of a trail or sidewalk and outside of the clear view triangle defined in
Section 9.2.
6.8.1 Permanent Signs
The following types of permanent signs are permitted without need to first obtain a sign permit from the City:
Traffic control signs, railroad crossing signs and temporary safety or emergency
signs.
Any freestanding sign that is oriented primarily for viewing by persons travelling
within the lot (and not from a public street or right-of-way), that does not exceed 10
square feet in size and does not exceed four feet in height.
One sign not to exceed 10 square feet per each commercial or industrial zoned
property at the point of ingress to the property that may be viewed from the public
street or right-of-way.
One sign not to exceed six square feet in area on residential zoned property, with
the consent of the property owner, not including illuminated signs.
Flags that are located on residential zoned property that do not exceed 20 square
feet in size and are mounted on a pole that does not exceed 35 feet in height or the
maximum height permitted in the zoning district where the lot is located, whichever is
less.
Flags that are located on commercial or industrial zoned property that do not
exceed 50 square feet in size and are mounted on a pole that does not exceed 50 feet in
height or the maximum height permitted in the zoning district where the lot or
property is located, whichever is less.
6.8.2 Temporary Signs
The following types of temporary signs are permitted without need to first obtain a sign permit from the City:
Any sign located on residential zoned property erected for less than nine
consecutive days that does not exceed two square feet in area. One additional
temporary sign per frontage, not to exceed six square feet in area and three feet in
height, is permitted during any time between when a building permit is issued and
when a certificate of completion or certificate of occupancy is issued. One additional
temporary sign per street frontage, not to exceed six square feet in area and three feet
in height, is permitted during any time when all or a portion of the property is actively
listed for sale or lease.
Any sign located on commercial or industrial zoned property erected for less than 14
consecutive days in a calendar year that does not exceed 48 square feet in area and four
feet in height. One additional temporary sign per street frontage, not to exceed 48
square feet in area and eight feet in height, is permitted during any time between when
a building permit is issued and when a certificate of completion or certificate of
occupancy is issued. One additional temporary sign per street frontage, not to exceed
48 square feet in area and eight feet in height, is permitted during any time when all or
a portion of the property is actively listed for sale or lease.
Signs or posters painted on or attached to the inside of a display window, including
illuminated signs, but excluding flashing signs, so long as the signs or posters do not
cover more than 20% of any individual pane of glass.
Decorative banners attached to or hung from light standards or similar structures
provided they are no larger than 16 square feet in area.
Bench signs provided they are installed and maintained by a person, firm or
corporation licensed by the City Council.
All non-commercial signs must be removed within 10 days following the state
general election in accordance with Minnesota Statute 211B.045.
All signs permitted by this Section must be constructed of durable, non-fading
materials and shall be securely mounted to avoid displacement off the property by wind
or weather.
Administration and Zoning Requests
7.1 Zoning Administrator
7.1.1 Appointment
The city manager shall appoint a zoning administrator to administer and enforce this UDO.
7.1.2 Authority.
In addition to the authorities set forth in this UDO, the zoning administrator is authorized to perform the following duties for the City:
Accept applications, determine their completeness, and identify what additional
information is required to make an application complete;
Process and issue permits once they have been approved in accordance with this UDO;
Issue notices of denial;
Create reports with recommendations on zoning matters for the Planning
Commission and the City Council;
Provide for notices required under this UDO;
Conduct inspections as may be needed;
Administer and issue notices under Minnesota Statutes, section 15.99;
Enforce this UDO through the issuance of violation notices, cease and desist orders,
and correction orders as may be needed; and
Perform such other duties and responsibilities as identified in this UDO or as may
otherwise be needed to administer this UDO as directed by the City Manager.
7.2 Planning Commission
7.2.1 Establishment.
A Planning Commission of seven members is hereby established and continued as a planning agency advisory to the City Council. The Planning Commission shall have the
powers and duties conferred upon it by statute, charter, ordinance or resolution.
7.2.2 Rules and Procedures.
The rules and procedures of the Planning Commission shall be those established by
resolution of the City Council, including, but not limited to, specific duties, composition,
officers, member qualifications, removal, terms, conflicts of interest, compensation, and
neighborhoods/district, and in accordance with bylaws approved by the City Council.
7.2.3 City Council Action.
The City Council may conduct a public hearing and take final action on an application
without a recommendation from the Planning Commission if the Planning Commission
does not conduct a public hearing or forward a recommendation on an application to the City Council within sufficient time to allow the City Council to consider and act on the
application within the applicable statutory timeline.
7.3 Board of Adjustments and Appeals
7.3.1 Board of Adjustments and Appeals.
Pursuant to Minnesota Statutes, section 462.354, the city of Brooklyn Center Board of
Adjustments and Appeals is hereby established for the City. The City’s Planning Commission shall serve as the Board of Adjustments and Appeals for the City. Pursuant to
Minnesota Statutes, section 462.354, subdivision 2, the decisions of the Board of
Adjustments and Appeals are advisory to the City Council, which will make all final
decisions.
7.3.2 Duties of the board.
The Board of Adjustments and Appeals shall have the following duties:
(a) Hear and make recommendations with respect to appeals from any
order, decision, or determination made by an administrative officer in
the enforcement of this UDO, where it is alleged that some error as
provided for in Minnesota Statutes, Section 462.357, subd. 6(1).
(b) Hears requests for variances from literal provisions of this UDO in
accordance with the provisions of Minnesota Statutes, section 462.357.
(c) Hear appeals from the denial of a building permit for structures within
the limits of a mapped street pursuant to Minnesota Statutes, section
462.359.
7.4 Applications
7.4.1 Form.
An application must be submitted on the appropriate City form approved by the City
Council. Any requests not submitted on an approved form shall not constitute an application for the purposes of this UDO, or Minnesota Statutes, section 15.99, and shall
be rejected.
7.4.2 Submission.
All applications shall be submitted to the Zoning Administrator or the Zoning
Administrator’s designee. The Zoning Administrator shall forward applications to the
Planning Commission, the Board of Adjustments and Appeals, or the City Council as
appropriate and is authorized to schedule and provide notice of hearing on the
application if required.
7.4.3 Completeness.
An application shall not be deemed complete, and shall immediately be rejected, if it is
not accompanied by the required application fee and, if required, an escrow. An
application that does not contain all of the information required by this UDO for the
particular type of request, any additional information required on the application form, and any other additional information the Zoning Administrator may reasonably
determine is necessary to properly process the application shall be deemed incomplete
and shall not be processed until the applicant provides the additional information and
materials required to make it complete. The Zoning Administrator shall review and make
decisions on the completeness of an application as provided for in Minnesota Statutes,
section 15.99. The Zoning Administrator may expressly waive one or more application
requirements if the Zoning Administrator determines the information is not required
under the particular circumstances.
7.4.4 Minimum Information.
Every application shall, at a minimum, contain the following information:
The name and address of the applicant;
The description of the property to which the application relates, including the
property identification number established by the County;
The name and address of the owner of the property, if different from the applicant;
If the applicant is not the owner, an explanation of the interest which the applicant
has in the property; and
A showing that all requisite permits, licenses and approvals from the City have been
obtained and that the requirements of any other governmental authority have been
met.
7.4.5 Owner Consent.
An application submitted by someone other than the owner of the property must have
the consent of the owner to be considered a complete application.
7.4.6 Accuracy.
No person shall knowingly make a false statement in an application or present inaccurate information to the City. If the City Council determines an approval was issued based, at
least it part, on an applicant’s false statement or on the presentation of inaccurate
information, it may act to revoke or modify the approval. The City Council shall provide
the applicant written notice and an opportunity to be heard before acting to revoke or
modify the approval.
7.5 Public Hearings
7.5.1 Content of Notice.
For all applications for review that are subject to public notice requirements under this UDO or any applicable law or rule, public hearings shall be noticed, scheduled, held, and
decided pursuant to this UDO and applicable law. Notices for public hearings, whether
by publication or mail, shall, at a minimum:
Identify the address or location of the property subject to the application and the
name of the applicant or the applicant’s agent;
Indicate the date, time, and place of the public hearing;
Describe the land involved by street address, legal description, or the nearest cross
street and project area (size);
Describe the nature, scope, and purpose of the application or proposal;
Identify the location (e.g., city hall) where the public may view the application and
related documents;
Include a statement that the public may appear at the public hearing, be heard, and
submit evidence and written comments with respect to the application;
Include a statement describing where written comments will be received prior to the
public hearing; and
If applicable, indicate the date of the city council meeting at which the application will
be considered.
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. Failure of a party to receive written notice shall not invalidate subsequent
action.
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.
7.5.2 Timing of Notice.
Unless otherwise expressly provided in state law or this UDO, notice, when required, shall
be published in the official newspaper of the City at least ten (10) days prior to the day of
the hearing. The notice shall also be posted on the City’s website and any social media
accounts.
7.5.3 Mailed Notice.
When the provisions of state law or this UDO require that notice be mailed, the Zoning
Administrator shall prepare and mail the written notice at least ten days before the day of
the public hearing to each owner of property situated wholly or partly within 350 feet of
the outer boundaries of the subject property.
For the purpose of giving mailed notice, the Zoning Administrator may use any
appropriate records to determine the names and addresses of owners. A copy of the
notice and a list of the owners and addresses to which the notice was sent shall be
attested to by the Zoning Administrator and shall be made a part of the records of the
proceedings. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.
7.5.4 Sign Notice.
When a zoning application involves changes in district boundaries affecting an area of five acres or more, a change of a zoning district from an R1-R5 district, or construction of
a new building of at least 10,000 total square feet, the property owner must post a public notice sign in accordance with the following:
Public notice signs shall be posted on any property subject to the public hearing
provisions. Public notice signs shall be installed by the owner of the property for
which the public hearing is required. The property owner is responsible for
preparation, cost, and installation of any signage.
Display Period. Public notice signs shall be installed on the subject property no less
than twenty-one days prior to an established public hearing date, and shall be
removed no more than seven days following closure of the public hearing.
Public notice signs shall be posted according to the following standards:
(1) Number. One sign shall be posted along each public street frontage.
(2) Location. Whenever practical, signs shall be located within ten (10) feet of a public
street right-of-way and positioned in a manner to best inform the vehicle and
pedestrian traffic, without creating a safety hazard.
(3) Size and Content. All public notice signs shall be of adequate size and design to be
clearly visible and legible to passing vehicles and pedestrians. At a minimum, a
public notice sign shall specify the time, date and location of the scheduled public
hearing, the general nature of the hearing, and a phone number for the Zoning
Administrator for additional information.
(4) All sign content, location, and size must be reviewed and approved in writing by the
Zoning Administrator.
7.5.5 Decisions.
If the public hearing is related to a specific application (CUP, variance, etc.) the decision
shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by State statute and City Code and as determined appropriate by the City.
Shoreland Notice of Decisions. For applications within the Shoreland Districts, notice
of decisions shall be conducted as noted in Section 3.2.2 (c)(7) of the Unified
Development Ordinance.
Floodplain Notice of Decisions. For applications within Floodplain Districts, notice of
the decision shall be conducted as noted in Section 3.2.1 of the Unified Development
Ordinance.
MRCCA Notice of Decisions. For applications within Mississippi River Corridor Critical
Area Districts, notice of the decision must be sent to the Commissioner of the
Department of Natural Resources pursuant to Minnesota Statutes, Section 1116G.15.
7.6 Site Plan Approval
7.6.1 Applicability.
No building or other structure shall be erected, constructed, re-constructed, enlarged, or structurally altered, except one- and two-family dwellings and buildings accessory
thereto, nor shall any land be used, excavated or improved until a site plan is approved.
Site plan approval may also be required in conjunction with conditional use permit or
interim use permit consideration.
7.6.2 Procedure.
Application. A site plan review application shall be submitted to the Zoning
Administrator in accordance with the application criteria of this UDO. If an applicant is
submitting a conditional use permit application, the conditional use permit and site
plan review application shall be reviewed concurrently without the need for an
additional application fee.
Additional Application Requirements. In addition to the application requirements set
forth in Section 7.4 of this UDO, a site plan approval applicant shall submit the
following documents and information when applicable:
(1) A survey drawing by a registered engineer or land surveyor showing pertinent
existing conditions, accurately dimensioned.
(2) A complete set of preliminary architectural drawings prepared by a registered
architect showing:
(A) An accurately scaled and dimensioned site plan indicating
parking layout including access provisions, designation of
locations of possible accessory buildings; landscaping, including
trees and shrubbery with indication of species, planting, size
and location;
(B) Fences or walls or other screening, including height and type of
material;
(C) Lighting provisions, type and location;
(D) Curbs;
(E) Building floor plans, elevations, sections and outline
specifications, including materials proposed; and
(F) Existing and proposed land elevations, drainage provisions,
temporary and permanent erosion control provisions, and
utility provisions as may be required.
Review by the Zoning Administrator and City Staff. The application shall be reviewed
by the Zoning Administrator and City staff and reports concerning the application
shall be submitted to the Planning Commission for its consideration within 30 days of
receipt of all material required by this Unified Development Ordinance for review of
the application. The Zoning Administrator shall provide the applicant with comments
and changes that are required to be in compliance with the provisions of this UDO.
The applicant shall be required to submit revised plans and documents incorporating
the required changes prior to the Planning Commission meeting.
Notice and public hearing. After determining that an application contains all the
necessary and required information, the Zoning Administrator shall place the
application on the Planning Commission agenda, schedule a public hearing on the
proposed request, and notify the public pursuant to Section 7.5 of this UDO.
Recommendation by Planning Commission. The Planning Commission shall hear and
make a recommendation on the application. If the Planning Commission so desires, it
may continue the public hearing and/or table the item to allow for further review, so
long as such action is in accordance with Minnesota Statutes, section 15.99. The
planning commission shall consider the applicable decision criteria of this UDO and
shall recommend approval, recommend approval with conditions, or recommend
denial of an application, citing the specific reasons therefor.
Action by the city council. The City Council shall consider and make the final decision
on the application, acting to approve the request, approve with conditions, or deny
the request, citing the specific reasons therefor. The City Council shall adopt findings
and shall act upon the application in accordance with Minnesota Statutes, section
15.99.
The applicant or their agent shall appear at each meeting of the Planning Commission
and City Council during which the application is considered. Furthermore, each
applicant shall provide the Planning Commission or the City Council the maps,
drawings, plans, records, or other information requested for the purpose of assisting
the recommendation or determination of the application.
The City Council may conduct a public hearing and take final action on an application
without a recommendation from the Planning Commission if the Planning
Commission does not conduct a public hearing or forward a recommendation on an
application to the City Council with sufficient time to allow the City Council to
consider and act on the application within the applicable statutory timeline.
The City Clerk, following the City Council’s action upon the application, shall give the
applicant a written notice of the action taken. A copy of this notice shall be kept on
file as a part of the permanent record of the application.
Appeals. The decision of the City Council is appealable to the district court within 30
days after the date of the decision.
7.6.3 Site Plan Approval Criteria.
No site plan review application shall be approved unless it meets the following criteria:
It fully complies with all applicable requirements of this UDO;
It adequately protects residential uses from the potential adverse effects of a non-
residential use;
It is consistent with the use and character of surrounding properties; and
It provides safe conditions for pedestrians or motorists and prevents the dangerous
arrangement of pedestrian and vehicular ways.
7.6.4 Amendments.
Approved site plans may only be amended upon the review of the proposed amendment
as follows:
(a) Minor Amendments. Minor amendments t0 the following may be granted for
proposed changes or modifications that do not require variances and proposed
changes or modifications, that do not, as determined by the Zoning Administrator,
significantly intensify the use of the site:
(1) Landscape changes;
(2) Parking lot configuration changes (not change in number of spaces);
(3) Less than 25 percent change in floor area in any one (1) structure;
(4) Less than 25 percent change in the approved separation of buildings;
(5) Less than 20 percent change in the ground area covered by the project;
(6) Less than 20 percent change in the number of residential units; and
(7) Less than 20 percent change in the number of parking spaces provided or required.
Minor amendments must comply with the criteria set for the above for site plan
approval. Decisions of the Zoning Administrator may be appealed to the City Council. The Zoning Administrator may determine that a proposed minor amendment is in fact a major amendment and may refer such proposed amendments to the Planning
Commission and City Council according to the procedure set forth below with regard
to major amendments.
Major Amendments. Major amendments to a site plan include the following:
(1) 25 percent or greater change in floor area in any one (1) structure;
(2) 25 percent or greater change in the approved separation of buildings;
(3) Any reduction in the original approved setbacks from property lines if adjacent to
one- or two-family residential property;
(4) 20 percent or greater change in the ground area covered by the project;
(5) 20 percent or greater change in the number of residential units; and
(6) 20 percent or greater change in the number of parking spaces provided or required.
The review of major amendments shall follow the procedure set forth above for the issuance of a new site plan approval.
7.6.5 Effect of Site Plan Approval.
Site plan approval shall expire one year from the date of approval unless the applicant
has applied for and received a building permit.
The applicant may request an extension of the expiration date in writing to the
Zoning Administrator. The City Council may approve one extension of not more than
one year. Such written request shall include the following:
(1) An explanation of what, if any, good faith efforts have been made to
complete the site plan process; and
(2) The anticipated completion date.
(c) If required as a condition of approval of the site plan, the applicant shall sign a
performance agreement with the City with a supporting financial guarantee that
the subject property will be constructed, developed, and maintained in
conformance with the applicable plans, specifications and standards.
7.7 Conditional Use Permits
7.7.1 Applicability.
Conditional uses are those uses which have been identified, because of their nature,
operation, location, special requirements or characteristics, that may only be allowed in a particular zoning district after an application, review and recommendation by the Planning Commission and approval by the City Council. The Conditional Use Permit
process regulates the location, magnitude and design of conditional uses consistent with
the Comprehensive Plan, and the regulations, purposes, and procedures of this Unified
Development Ordinance.
7.7.2 Procedure.
Application submittal. The applicant shall submit an application, in accordance with
Section 7.4 of this UDO, to the Zoning Administrator.
Review by the Zoning Administrator and City Staff. The Zoning Administrator may
consult with other City staff on the application. The Zoning Administrator shall
provide the applicant with comments and changes that are required to be in
compliance with the provisions of this UDO. The applicant shall be required to submit
revised plans and documents incorporating the required changes prior to the
Planning Commission meeting.
Notice and public hearing. After determining that an application contains all the
necessary and required information, the Zoning Administrator shall place the
application on the planning commission agenda, schedule a public hearing on the
proposed request, and notify the public pursuant to Section 7.5 of this UDO.
Preparation of staff report. The Zoning Administrator or City staff shall prepare a
staff report providing an analysis of the proposal and a recommendation. The report
shall consider comments from other City staff in formulating the recommendation.
The written report shall be forwarded to the Planning Commission for its
consideration.
Recommendation by Planning Commission. The Planning Commission shall hear and
make a recommendation on the application. If the Planning Commission so desires, it
may continue the public hearing and/or table the item to allow for further review, so
long as such action is in accordance with Minnesota Statutes, section 15.99. The
planning commission shall consider the applicable decision criteria of this UDO and
shall recommend approval, recommend approval with conditions, or recommend
denial of an application, citing the specific reasons therefor.
Action by the City Council. The City Council shall consider and make the final decision
on the application, acting to approve the request, approve with conditions, or deny
the request, citing the specific reasons therefor. The City Council shall adopt findings
and shall act upon the application in accordance with Minnesota Statutes, section
15.99.
The applicant or their agent shall appear at each meeting of the Planning Commission
and City Council during which the application is considered. Furthermore, each
applicant shall provide the Planning Commission or the City Council the maps,
drawings, plans, records, or other information requested for the purpose of assisting
the recommendation or determination of the application.
The City Council may conduct a public hearing and take final action on an application
without a recommendation from the Planning Commission if the Planning
Commission does not conduct a public hearing or forward a recommendation on an
application to the City Council with sufficient time to allow the City Council to
consider and act on the application within the applicable statutory timeline.
The City Clerk, following the City Council’s action upon the application, shall give the
applicant a written notice of the action taken. A copy of this notice shall be kept on
file as a part of the permanent record of the application.
Appeals. The decision of the City Council is appealable to the district court within 30
days after the date of the decision.
7.7.3 Conditional Use Permit Criteria.
A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied:
The conditional use will be in accordance with the general objectives, or with any
specific objective, of the City’s Comprehensive Plan and this UDO;
The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger
the public health, safety, morals or comfort;
The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood;
The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district;
Adequate measures have been or will be taken to provide ingress, egress, and
parking so designed as to minimize traffic congestion in the public streets;
Impacts such as noise, hours of activity, and exterior lighting have been sufficiently
addressed to mitigate negative impacts on nearby uses; and
The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
7.7.4 Standards for Conditional Use Permits in the Floodplain
(FP), Shoreland (SL) and Mississippi River Critical Corridor
Area (CA).
Specific standards for conditional uses in the Floodplain (FP) overlay district are
found in Sections 3.2.1(d)(3), 3.2.1(d)(4) and 3.2.1(j)(4).
Specific standards for conditional use permits in the Shoreland (SL) overlay district are found in Section 3.2.2(c)(5).
Specific standards for conditional use permits in the Mississippi River Critical
Corridor Area (CA) are found in Section 3.2.3(c)(4).
7.7.5 Conditions and Restrictions.
The Planning Commission may recommend, and the City Council may impose, such conditions and restrictions upon the establishment, location, construction, maintenance
and operation of the conditional use as deemed necessary for the protection of the
public interest and to secure compliance with requirements specified in this Unified
Development Ordinance. In all cases in which conditional use permits are granted, the
City Council may require such evidence and guarantees as it may deem necessary as part
of the conditions stipulated in connection therewith.
7.7.6 Amendments.
Approved conditional use permits may only be amended upon the review of the
proposed amendment as follows:
Minor Amendments. A minor amendment may be granted for proposed changes or
modifications which are determined by the Zoning Administrator to not have a
significant effect on required parking, required yards, floor area ratios, ground floor
area ratios, signage, building height, density, covenants or agreements required by
the original conditional use permit.
Major Amendments. Major amendments shall include all changes that are not
classified as minor amendments above and shall require an amended conditional use
permit and all procedures shall apply as if a new permit were being issued.
7.7.7 Revocation.
A violation of any condition set forth in a conditional use permit shall be a violation of
this UDO, and failure to correct said violation within the time period established by
the City Council or no later than thirty (30) days of written notice from the Zoning
Administrator may result in the revocation of the permit.
Prior to revoking a conditional use permit, the City Council shall provide the permittee
at least ten (10) days’ written notice of a hearing to be held by the City Council
regarding the revocation of the conditional use permit.
If, at the conclusion of the hearing, the City Council determines the violation or
violations have not been corrected, it may revoke the conditional use permit and
record notice of the revocation against the affected property. As an alternative to
immediately revoking the conditional use permit, the City Council may issue a
corrective order that, if not fully complied with by the date or dates set out in the
order, shall cause the conditional use permit to be revoked without further action by
the City Council. The City shall provide the permittee written notice of a revocation or
a copy of a corrective order if one is issued. Once revoked, all uses allowed by the
conditional use permit shall immediately cease.
7.7.8 Filing and Recording of Approved Conditional Use Permit.
The resolution approving a conditional use permit or an amended conditional use permit
shall include the legal description of the property for which the permit was issued and a list of any conditions set forth by the City Council as part of the approval of the
conditional use permit. A certified copy of the resolution shall be filed and recorded by
the applicant with the Hennepin County Recorder-Registrar of Titles within 60 days of
approval of the resolution.
7.7.9 Resubmission.
No application for a conditional use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final
determination by the City Council; except that the applicant may set forth in writing newly
discovered evidence of change of condition upon which they rely to resubmit at an earlier
time.
7.7.10 Existing Uses.
All uses existing at the time of adoption of this UDO that now require a conditional use
permit may continue in the same manner of operation as the use did upon the effective
date of this UDO. Any enlargement, structural alteration or intensification of use shall require a conditional use permit as provided for above. Additional reasonable conditions
may be imposed for the continuation of such use in accordance with the hearing
provisions as set forth in Section 7.5 of this UDO.
7.7.11 Effect of Conditional Use Permit Approval.
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.
If a site plan was approved as part of the conditional use permit, the permit shall
expire one year from the date of approval unless the applicant has applied for and
received a building permit. The applicant may request an extension of the expiration
date in writing to the Zoning Administrator. The City Council may approve one
extension of not more than one year. Such written request shall include the following:
(1) An explanation of what, if any, good faith efforts have been made to complete the
site plan process; and
(2) The anticipated completion date.
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.
7.8 Interim Use Permits
7.8.1 Applicability.
Interim uses are allowed temporarily by an interim use permit which is subject to
certain conditions and expiration on a particular date, until the occurrence of
a particular event, or until this UDO no longer allows the use. A use allowed
by an interim use permit must be consistent with the City’s Comprehensive
Plan and be compatible with surrounding uses. Conditions may be applied to
issuance of the permit and a periodic review of the permit may be required.
Upon the expiration of a permit, all activities associated with the use allowed
by the permit must cease until a new permit is applied for and granted by the
City.
7.8.2 Procedure.
(a) Application submittal. The applicant shall submit an application, in
accordance with Section 7.4 of this UDO, to the Zoning Administrator.
(b) Additional Application Requirements. In addition to the application
requirements set forth in Section 7.4 of this UDO, an interim use permit
application shall be accompanied by development plans of the
proposed use including the following documentation and information
as may be deemed necessary by the Zoning Administrator. The Zoning
Administrator, on a case-by-case basis, may waive certain items in
writing:
(1) The scale of maps submitted shall be appropriately scaled in
accordance with the size and scope of the project. The number
of maps and reports to be submitted shall be specified by the
Zoning Administrator. All maps shall be reduced and included in
the applicable reports;
(2) Certificate of Survey;
(3) A site plan drawn to scale showing the following information:
(A) Existing Conditions. Property lines and dimensions,
building location and setbacks, dimensions of buildings,
curb cuts, driveways, access roads, parking, off-street
loading areas, septic systems, and wells.
(B) Proposed Conditions. Property lines and dimensions,
building location and setbacks, building dimensions, curb
cuts, driveways, access roads, parking, off-street loading
areas and any other proposed improvements; and
(4) A landscaping plan with the following information:
(A) Existing vegetation, proposed plantings, plant schedule
including information about the plant size, quantity, type
and root condition and ground cover;
(5) Grading, Drainage and Erosion Control Plan;
(6) Soil Conditions;
(7) Building Floor Plans;
(8) Building Elevations, noting exterior materials;
(9) General Location Map;
(10) Principal land uses within 200 feet of the property;
(11) Proof of ownership in the form of Abstract of Title, Certificate
of Title, Attorney’s Legal Opinion, unrecorded documents
where applicant will acquire legal or equitable ownership;
(12) Type of business or activity and proposed number of
employees;
(13) Primary and secondary septic systems and well locations;
(14) Aerial photograph of site area;
(15) An analysis or evaluation of the impact of the proposed use on
the health, safety, and general welfare on the occupants of the
surrounding lands;
(16) A proposed plan for mitigation of any impacts on the health,
safety, and general welfare on the occupants of the
surrounding lands and the City; and
(17) Such other materials as may be required by the Zoning
Administrator.
(c) Review by the Zoning Administrator and City Staff. The Zoning
Administrator may consult with other City staff on the application. The
Zoning Administrator shall provide the applicant with comments and
changes that are required to be in compliance with the provisions of
this UDO. The applicant shall be required to submit revised plans and
documents incorporating the required changes prior to the Planning
Commission meeting.
(d) Notice and public hearing. After determining that an application
contains all the necessary and required information, the Zoning
Administrator shall place the application on the planning commission
agenda, schedule a public hearing on the proposed request, and notify
the public pursuant to Section 7.5 of this UDO.
(e) Preparation of staff report. The Zoning Administrator or City staff shall
prepare a staff report providing an analysis of the proposal and a
recommendation. The report shall consider comments from other City
staff in formulating the recommendation. The written report shall be
forwarded to the Planning Commission for its consideration.
(f) Recommendation by Planning Commission. The Planning Commission
shall hear and make a recommendation on the application. If the
Planning Commission so desires, it may continue the public hearing
and/or table the item to allow for further review, so long as such action
is in accordance with Minnesota Statutes, section 15.99. The Planning
Commission shall consider the applicable decision criteria of this UDO
and shall recommend approval, recommend approval with conditions,
or recommend denial of an application, citing the specific reasons
therefor.
(g) Action by the City Council. The City Council shall consider and make the
final decision on the application, acting to approve the request,
approve with conditions, or deny the request, citing the specific
reasons therefor. The City Council shall adopt findings and shall act
upon the application in accordance with Minnesota Statutes, section
15.99.
(h) The applicant or their agent shall appear at each meeting of the
Planning Commission and City Council during which the application is
considered. Furthermore, each applicant shall provide the Planning
Commission or the City Council the maps, drawings, plans, records, or
other information requested for the purpose of assisting the
recommendation or determination of the application.
(i) The City Council may conduct a public hearing and take final action on
an application without a recommendation from the Planning
Commission if the Planning Commission does not conduct a public
hearing or forward a recommendation on an application to the City
Council with sufficient time to allow the City Council to consider and
act on the application within the applicable statutory timeline.
(j) The City Clerk, following the City Council’s action upon the application,
shall give the applicant a written notice of the action taken. A copy of
this notice shall be kept on file as a part of the permanent record of the
application.
(k) Appeals. The decision of the City Council is appealable to the district
court within 30 days after the date of the decision.
7.8.3 Interim Use Permit Criteria.
An interim use permit may not be granted by the City Council unless the following
criteria have been satisfied:
(a) The interim use will be in accordance with the general objectives, or
with any specific objective, of the City’s Comprehensive Plan and this
UDO;
(b) The date or event that will terminate the use can be identified with
certainty;
(c) Permission of the use will not impose costs on the public if it is
necessary for the public to take the property in the future;
(d) The applicant agrees to all conditions placed on the permit;
(e) In determining whether the proposed use is in harmony with the
general objectives of this UDO and the City’s Comprehensive Plan, the
Planning Commission and City Council shall consider:
(1) The impact of the proposed use on the health, safety and
general welfare of the occupants of the surrounding lands.
(2) Existing and anticipated traffic conditions, including parking
facilities on adjacent streets and lands.
(3) The effect of the proposed use on utility and school capacities.
(4) The effect of the proposed use on property values and scenic
views in the surrounding area.
(5) The effect of the proposed use on the Comprehensive Plan.
(6) The ability of the proposed use to meet the standards of the
Unified Development Ordinance.
(7) The effects of the proposed use on groundwater, surface water
and air quality.
(8) That the proposed use is allowed with an interim use permit in
the designated zoning district in which it is proposed.
7.8.4 Acceptance and Compliance.
An applicant undertaking the use allowed by an interim use permit issued by the City
shall be deemed acceptance by the applicant of the conditions imposed on
the permit. The use allowed by an interim use permit shall conform to the
applicable sections of this UDO.
7.8.5 Length of Interim Use.
Any use permitted under the terms of any interim use permit shall be established
and conducted in conformity to the terms of such permit and of any
conditions designated in connection therewith. Interim use permits shall
remain in effect until they expire on the date or occurrence of the event
identified in the permit, or until this UDO no longer allows the use within the
district. The City shall be notified in writing within ten (10) days of the transfer
of the land which is subject to an interim use permit. Said notice shall be
provided by the seller of said land and shall include notification of the buyer’s,
name, address, telephone number, and certification that the seller has
provided the buyer with a copy of the interim use permit and the notice to the
City.
7.8.6 Revocation.
(a) A violation of any condition set forth in an interim use permit shall be a
violation of this UDO, and failure to correct said violation within the
time period established by the City Council or no later than thirty (30)
days of written notice from the Zoning Administrator may result in the
revocation of the permit.
(b) Prior to revoking an Interim Use Permit, the City Council shall provide
the permittee at least ten (10) days written notice of a hearing to be
held by the City Council regarding the revocation of the Interim Use
Permit.
(c) If, at the conclusion of the hearing, the City Council determines the
violation or violations have not been corrected, it may revoke the
interim use permit. As an alternative to immediately revoking the
interim use permit, the City Council may issue a corrective order that, if
not fully complied with by the date or dates set out in the order, shall
cause the interim use permit to be revoked without further action by
the City Council. The City shall provide the permittee written notice of
a revocation or a copy of a corrective order if one is issued. Once
revoked, all uses allowed by the interim use permit shall immediately
cease.
7.8.7 Records of Interim Uses.
(a) The City will not file a copy of an interim use permit with the County
Recorder or Registrar of Titles.
(b) The City shall maintain a record of all interim use permits issued
including information on the use, location, conditions imposed by the
City, time limits, review dates, expiration date or event, and such other
information as may be appropriate.
(c) Two copies of as built plans must be submitted to City upon
completion.
7.8.8 Amended Interim Use Permits.
Amended interim use permits shall be requests for changes in conditions of the
existing permit. An amended interim use permit application shall be
administered in a manner similar to that required for a new interim use
permit.
7.8.9 Expiration of Interim Use Permits.
An application for a new interim use permit for a property for which an interim use
permit was issued may be submitted before, and in anticipation of, the
expiration of the then current interim use permit.
7.8.10 Resubmission.
No application for an interim use permit for a particular use on a particular parcel of
land shall be resubmitted for a period of six (6) months from the date of the
denial of the previous application.
7.8.11 Existing Uses.
All uses existing at the time of adoption of this UDO that now require an interim use
permit may continue in the same manner of operation as the use did upon the
effective date of this Ordinance. Any enlargement, structural alteration or
intensification of use shall require an interim use permit as provided for
above. Additional reasonable conditions may be imposed for the continuation
of such use in accordance with the hearing provisions as set forth in Section
7.5 of this UDO.
7.8.12 Effect of Interim Use Permit.
(a) An interim use permit shall authorize a particular interim use on a
specific parcel for which it was approved. A change of use from one
permitted interim use to another shall require a new application and
approval pursuant to this section.
(b) If a site plan was approved as part of the interim use permit, the permit
shall expire one year from the date of approval unless the applicant
has applied for and received a building permit. The applicant may
request an extension of the expiration date in writing to the Zoning
Administrator. The City Council may approve one extension of not
more than one year. Such written request shall include the following:
(1) An explanation of what, if any, good faith efforts have been
made to complete the site plan process; and
(2) The anticipated completion date.
7.9 Land Disturbance Permits
7.9.1 Applicability.
No construction, reconstruction, development, redevelopment, grading, excavation,
or other activity shall occur without first securing a permit from the
Community Development Department if such activity causes a land
disturbance of 10,000 square feet or more of land.
7.9.2 Exemptions.
Reserved.
7.9.3 Required Plans.
The applicant shall submit construction plans and supporting calculations. The
submittals shall comply with the following requirements
(a) The plans shall meet the requirements of the Shingle Creek and West
Mississippi Watershed Management Commission’s Rules and
Standards, and the Minnesota Pollution Control Agency Construction
Permit. Alternative treatment best management practices must be
considered where any of the following apply:
(1) Where industrial facilities are not authorized to infiltrate
industrial stormwater under a National Pollutant Discharge
Elimination System/State Disposal System Permit;
(2) When receiving runoff from fueling and vehicle maintenance
areas, unless the infiltration practices is designed to allow for
spill control;
(3) The infiltration practice shall be 10 feet away from all buildings,
or;
(4) The infiltration practice shall not be used within fifty (50) feet of
a City or private well, unless specifically allowed by an approved
wellhead protection plan.
(b) The plan shall provide 2-foot contour lines with spot elevations of
proposed grades in relation to existing grades on the subject property
and adjacent land. The location and type of erosion control devices
shall be clearly labeled.
(c) The plan shall address the management of post development runoff
and means of assuring the long-term maintenance and operation of
best management practices and storm water management structures,
devices and methods.
7.9.4 Conditions and Restrictions.
(a) The City Engineer may require such additions or modifications to the
plan and may impose such conditions and restrictions on the permit as
the City Engineer deems necessary to provide water quality protection.
Such conditions may include, but are not limited to: limiting the size,
kind or character of the proposed development; requiring the
construction of structures, drainage facilities, storage basins and other
facilities; requiring the replacement of vegetation; establishing
required monitoring procedures; requiring that the work be staged
over time; requiring the execution and filing of such declarations or
agreements as the City Engineer deems necessary to assure the
continuing monitoring and maintenance of all facilities and systems;
and requiring a performance bond, or other acceptable security, to
assure that all facilities and systems are constructed as required.
(b) The Building Official may require such additions or modifications to the
plan and may impose such conditions and restrictions on the permit as
deemed necessary to comply with the Americans with Disabilities Act
provisions and to ensure continuous connections with existing public
sidewalk and trail infrastructure.
(c) Every effort shall be made during the permit application process to
determine the full extent of erosion control required. However, the
City Engineer may require additional controls to correct specific site
related problems as inspections are performed during construction.
(d) All erosion control noted on the approved plan shall be installed prior
to the initiation of any site grading or construction.
(e) All activities requiring a permit under this section shall conform to all
requirements of federal, state and local laws, rules and regulations.
(f) The City Engineer shall inspect and enforce all control measures and
shall receive and consider reports of non-compliance or other
information on construction issues related to water quality submitted
by members of the public. Non-compliance with the requirements of
this section, the approved plan, any conditions or restrictions imposed
by the City Engineer, or any orders issued by the City Engineer is a
violation of this Section. Violation of this Section is a misdemeanor and
constitutes grounds for the City to issue an order to halt all
construction or pursue any other legal or equitable remedy to enforce
the requirement of this Section.
7.9.5 Maintenance of Private Stormwater Management
Facilities.
(a) No private Stormwater Management Facilities may be approved unless
a maintenance plan is provided and is consistent with City Code, and
the Shingle Creek and West Mississippi Watershed Management
Commissions’ Rules and Standards. All such facilities shall be inspected
annually, with reports submitted to the City, and maintained in proper
condition consistent with the performance standards for which they
were originally designed.
(b) Owners of private Stormwater Management Facilities shall enter into
an agreement with the City setting out how the owners shall provide
for the long-term operations and maintenance of the facilities
7.9.6 Easements.
The applicant shall establish, in a form acceptable to the City, temporary and
perpetual easements for ponding, flowage, and drainage purposes over
hydrologic features such as water bodies and stormwater basins. The
easements shall include the right of reasonable access for inspection,
monitoring, maintenance, and enforcement purposes.
7.9.7 Enforcement Action to Ensure Compliance.
(a) Orders. The City may issue an order to modify the approved plan and
stipulate a time frame for compliance. The applicant must comply with
said order.
(b) Permit Suspension. The City shall suspend the permit and issue a stop
work order if the City determines the applicant supplied incorrect
information, or the applicant is in violation of any provision of the
approved plans, the permit, or this Section. The City shall reinstate a
suspended permit upon the applicant’s correction of the cause of the
suspension.
(c) Construction Stop Work Order. The City Building Official may issue a
stop work order for a related building permit if requested by the City.
(d) Permit Revocation. If the applicant fails or refuses to cease work as
required, the City shall revoke the permit and the applicant shall be
subject to enforcement, penalties, and loss of its financial security. The
City shall not reinstate a revoked permit, but an owner may apply for a
new permit.
(e) Remedial Corrective Action. The City or a private contractor under
contract with the City may conduct remedial or corrective action on
the project site or adjacent sites affected by project failure or to
implement actions specified in an order to modify plans. The City may
charge applicant for all costs associated with correcting failures or
remediating damage from the failures according to the order including
but not limited to, materials, equipment, staff time and attorney’s fees.
If payment is not made within thirty (30) days, payment will be made
from the applicant’s financial security or, in the case where no permit
was issued, payment will be assessed against the property.
(f) Action Against Financial Security. In any of the following
circumstances, the City shall use funds from the financial security to
finance remedial work undertaken later by the City or a private
contractor under contract to the City, and to reimburse the City for all
direct costs including, but not limited to, staff time and attorney’s fees:
(1) The applicant ceases land-disturbing activities or filling activities
prior to completion of the Stormwater Management Plan;
(2) The applicant fails to conform to the Stormwater Management
Plan as approved or as modified under the City Code, and has
the Permit revoked under this City Code;
(3) The techniques utilized under the Stormwater Management
Plan fail within one (1) year of installation, or before final
stabilization is implemented for the site or portions of the site,
whichever is later; or
(4) The City determines that action by the City is necessary to
prevent excessive erosion from occurring on the Site.
(g) Cumulative Enforcement. The procedures for enforcement of a permit,
as set forth in this Section, are cumulative and not exclusive.
7.9.8 Financial Security.
The City shall collect a surety for erosion and sediment control before any building
permit is issued. The surety is returned to the person who posted the security
when the permanent erosion and sediment control has been established and
has been approved by the City. The surety will be used to either remedy
erosion or sediment control violations or to complete the establishment of
permanent erosion and sediment control, as necessary.
7.10 Variances
7.10.1 Applicability.
A variance is a modification or variation of the provisions of this UDO as applied to a
specific piece of property. Pursuant to the procedures provided in Minnesota
Statutes, section 462.357, use variances are prohibited.
7.10.2 Procedure.
(a) Application submittal. The applicant shall submit an application, in
accordance with Section 7.4 of this UDO, to the Zoning Administrator.
(b) Review by the Zoning Administrator and City Staff. The Zoning
Administrator may consult with other City staff on the application. The
Zoning Administrator shall provide the applicant with comments and
changes that are required to be in compliance with the provisions of
this UDO. The applicant shall be required to submit revised plans and
documents incorporating the required changes prior to the Board of
Adjustments and Appeals meeting.
(c) Notice and public hearing. After determining that an application
contains all the necessary and required information, the Zoning
Administrator shall place the application on the Board of Adjustments
and Appeals agenda, schedule a public hearing on the proposed
request, and notify the public pursuant to Section 7.5 of this UDO.
(d) Preparation of staff report. The Zoning Administrator or City staff shall
prepare a staff report providing an analysis of the proposal and a
recommendation. The report shall consider comments from other City
staff in formulating the recommendation. The written report shall be
forwarded to the Board of Adjustments and Appeals for its
consideration.
(e) Recommendation by Board of Adjustments and Appeals. The Board of
Adjustments and Appeals shall hear and make a recommendation on
the application. If the Board of Adjustments and Appeals so desires, it
may continue the public hearing and/or table the item to allow for
further review, so long as such action is in accordance with Minnesota
Statutes, section 15.99. The Board of Adjustments and Appeals shall
consider the applicable decision criteria of this UDO and shall
recommend approval, recommend approval with conditions, or
recommend denial of an application, citing the specific reasons
therefor.
(f) Action by the City Council. The City Council shall consider and make the
final decision on the application, acting to approve the request,
approve with conditions, or deny the request, citing the specific
reasons therefor. The City Council shall adopt findings and shall act
upon the application in accordance with Minnesota Statutes, section
15.99.
(g) The applicant or their agent shall appear at each meeting of the Board
of Adjustments and Appeals and the City Council during which the
application is considered. Furthermore, each applicant shall provide
the Board of Adjustments and Appeals or the City Council the maps,
drawings, plans, records, or other information requested for the
purpose of assisting the recommendation or determination of the
application.
(h) The City Council may conduct a public hearing and take final action on
an application without a recommendation from the Board of
Adjustments and Appeals if the Board of Adjustments and Appeals
does not conduct a public hearing or forward a recommendation on an
application to the City Council with sufficient time to allow the City
Council to consider and act on the application within the applicable
statutory timeline.
(i) The City Clerk, following the City Council’s action upon the application,
shall give the applicant a written notice of the action taken. A copy of
this notice shall be kept on file as a part of the permanent record of the
application.
(j) Appeals. The decision of the City Council is appealable to the district
court within 30 days after the date of the decision.
7.10.3 Variance Criteria.
(a) Pursuant to Minnesota Statutes, section 462.357, subdivision 6, the
City Council may only grant approval of variances where practical
difficulties exist as to strict compliance with this UDO and each of the
following criteria are satisfied:
(1) The variance is in harmony with the general purposes and intent
of this UDO;
(2) The variance is consistent with the Comprehensive Plan;
(3) The property owner proposes to use the property in a
reasonable manner not permitted by this UDO;
(4) The plight of the landowner is due to circumstances unique to
the property not created by the landowner; and
(5) The variance, if granted, will not alter the essential character of
the locality.
(b) 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.
(c) Variances shall be granted for earth shelter construction as defined in
Minnesota Statutes, section 216C.06, subdivision 14, when in harmony
with this UDO.
7.10.4 Standards for Variances in the Floodplain (FP), Shoreland
(SL) and Mississippi River Critical Corridor Area (CA).
(a) Specific standards for variances in the Floodplain (FP) overlay district
are found in Section 3.1.1(j)(3).
(b) Specific standards for variances in the Shoreland (SL) overlay district
are found in Section 3.1.2(c)(5).
(c) Specific standards for variances in the Mississippi River Critical Corridor
Area (CA) are found in Section 3.1.3(c)(3).
7.10.5 Conditions. The City Council may impose reasonable conditions on the
approval of variances to ensure compliance and to protect adjacent
properties. All such conditions shall be directly related to and bear a rough
proportionality to the impact created by the variance.
7.10.5 Limitation on Variances. No application for a variance shall be accepted, and
no variance shall be granted by the City, for floor elevations lower than the
Flood Protection Elevation or levels of flood protection required in the
Floodplain District.
7.10.6 Denial. Variances may be denied by resolution of the City Council. A resolution
of denial shall constitute a finding by the City Council that the conditions
required for approval do not exist.
7.11 Appeals
7.11.1 Applicability.
The Board of Adjustments and Appeals shall hear and recommend and the City
Council shall make a final determination in the following appeal matters:
(a) Appeals from the denial of a building permit for structures within the
limits of a mapped street pursuant to Minnesota Statutes, section
462.359.
(b) Appeals from an order, requirement, or determination made by an
administrative officer in the enforcement of this UDO, where it is
alleged that some error in interpretation exists as provided for in
Minnesota Statutes, section 462.357.
7.11.2 Procedure.
(a) Application. A written appeal stating the position of the appellant, the
specific decision being appealed, the applicable City Code provisions,
and the requested relief and a fee in an amount as set forth by City
Council resolution shall be filed with the Zoning Administrator within
fourteen (14) days of the order, requirement, or determination.
(b) Notice and public hearing. After determining that an appeal application
contains all the necessary and required information, the Zoning
Administrator shall place the application on the Board of Adjustments
and Appeals agenda, schedule a public hearing on the proposed
request, and notify the public pursuant to Section 7.5 of this UDO.
(c) Recommendation by Board of Adjustments and Appeals. The Board of
Adjustments and Appeals shall hear and make a recommendation on
the appeal application. If the Board of Adjustments and Appeals so
desires, it may continue the public hearing and/or table the item to
allow for further review, so long as such action is in accordance with
Minnesota Statutes, section 15.99.
(d) Action by the City Council. The City Council shall consider and make the
final decision on the appeal application, acting to reverse or affirm,
wholly or partly, or modify the order or decision being appealed, and
issue such orders, requirements, decisions, permits, or determinations,
or provide such other relief as it deems appropriate. The City Council
shall adopt findings and shall act upon the application in accordance
with Minnesota Statutes, section 15.99.
(e) The applicant or their agent shall appear at each meeting of the Board
of Adjustments and Appeals and City Council during which the appeal
application is considered. Furthermore, each applicant shall provide
the Board of Adjustments and Appeals or the City Council the
additional information requested for the purpose of assisting the
recommendation or determination of the appeal application.
(f) The City Council may conduct a public hearing and take final action on
an appeal application without a recommendation from the Board of
Adjustments and Appeals if the Board of Adjustments and Appeals
does not conduct a public hearing or forward a recommendation on an
application to the City Council with sufficient time to allow the City
Council to consider and act on the application within the applicable
statutory timeline.
(g) The City Clerk, following the City Council’s action upon the application,
shall give the applicant a written notice of the action taken. A copy of
this notice shall be kept on file as a part of the permanent record of the
appeal application.
(h) Appeals. The decision of the City Council is appealable to the district
court within 30 days after the date of the decision.
7.11.3 Appeal 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 UDO, state law, or
federal law.
7.12 Comprehensive Plan Amendments.
7.12.1 Applicability.
An amendment of the Comprehensive Plan or the Comprehensive Plan Land Use
Map may be initiated by the City Council, the Planning Commission or a City
property owner. This subsection outlines the procedures for consideration of
those amendments.
7.12.2 Procedure.
(a) Initiation. Proceedings for amending the Comprehensive Plan shall be
initiated by at least one (1) of the following three (3) methods:
(1) By application an owner or owners of property which is
proposed to be rezoned, or for which district regulation
changes are proposed.
(2) By recommendation of the Planning Commission.
(3) By action of the City Council.
(b) Applications by an Owner or Owners of Property. For applications by
an owner or owners of property, the following additional procedures
apply:
(1) An application for a Comprehensive Plan amendment shall be
initiated by the owner of the property or their authorized
agent. The applicant shall submit an application, in accordance
with Section 7.4 of this UDO, to the Zoning Administrator.
(2) Review by the Zoning Administrator and City Staff. The Zoning
Administrator may consult with other City staff on the
application. The Zoning Administrator shall provide the
applicant with comments and changes that are required to be in
compliance with the provisions of this UDO. The applicant shall
be required to submit revised documents incorporating the
required changes prior to the Planning Commission meeting.
(c) Notice and public hearing. After determining that an application
contains all the necessary and required information, or upon the
initiation of a Comprehensive Plan amendment by the Planning
Commission or City Council, the Zoning Administrator shall place the
proposed amendment on the Planning Commission agenda, schedule a
public hearing on the proposed request, and notify the public pursuant
to Section 7.5 of this UDO.
(d) Preparation of staff report. The Zoning Administrator or City staff shall
prepare a staff report providing an analysis of the proposal and a
recommendation. The report shall consider comments from other City
staff in formulating the recommendation. The written report shall be
forwarded to the Planning Commission for its consideration.
(e) Recommendation by Planning Commission. The Planning Commission
shall hear and make a recommendation on the proposed amendment.
If the Planning Commission so desires, it may continue the public
hearing and/or table the item to allow for further review, so long as
such action is in accordance with Minnesota Statutes, section 15.99.
The Planning Commission shall consider the applicable decision criteria
of this UDO and shall issue a recommendation to the City Council,
citing the specific reasons therefor.
(f) Action by the City Council. The City Council shall consider and make the
final decision on the proposed amendment, acting to approve or deny
the proposed amendment, citing the specific reasons therefor. A
proposed Comprehensive Plan amendment may not be acted upon by
the City Council until it has received the recommendation of the
Planning Commission, or until 60 days have elapsed from the date an
amendment proposed by the City Council has been submitted to the
Planning Commission for its recommendation.
(g) For amendments proposed by a property owner or property owners,
the applicant or their agent shall appear at each meeting of the
Planning Commission and City Council during which the application is
considered. Furthermore, each applicant shall provide the Planning
Commission or the City Council the additional information requested
for the purpose of assisting the recommendation or determination of
the application. The City Council shall adopt findings and shall act upon
the application in accordance with Minnesota Statutes, section 15.99.
(i) For amendments proposed by a property owner or property owners
the City Clerk, following the City Council’s action upon the application,
shall give the applicant a written notice of the action taken.
7.12.3 Comprehensive Plan Amendment 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:
(a) 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;
(b) Whether the proposed amendment is consistent with the policy
foundation of the Comprehensive Plan; and
(c) Whether the proposed amendment will be compatible with the
adjacent land uses of the property in question.
7.12.4 Adoption by the City Council.
(a) Except for amendments to permit affordable housing development, a
resolution to amend or adopt a Comprehensive Plan must be approved
by a two-thirds vote of all of the members.
(b) Amendments to permit an affordable housing development are
approved by a simple majority of all of the members. For purposes of
this subsection, "affordable housing development" means a
development in which at least 20 percent of the residential units are
restricted to occupancy for at least ten years by residents whose
household income at the time of initial occupancy does not exceed 60
percent of area median income, adjusted for household size, as
determined by the United States Department of Housing and Urban
Development, and with respect to rental units, the rents for affordable
units do not exceed 30 percent of 60 percent of area median income,
adjusted for household size, as determined annually by the United
States Department of Housing and Urban Development.
7.13 Rezoning or Text Amendment.
7.13.1 Applicability.
An amendment of this UDO or the official Zoning Map may be initiated by the City
Council, the Planning Commission or a City property owner. This subsection
outlines the procedures for consideration of those amendments.
7.13.2 Policy.
It is the policy of the City that:
(a) Zoning classifications must be consistent with the Comprehensive Plan;
and
(b) Rezoning proposals shall not constitute "spot zoning", defined as a
zoning decision which discriminates in favor of a particular landowner,
and does not relate to the Comprehensive Plan or to accepted
planning principles.
7.13.3 Procedure.
(a) Initiation. Proceedings for amending this UDO or the official Zoning
Map shall be initiated by at least one (1) of the following three (3)
methods:
(1) By application an owner or owners of property which is
proposed to be rezoned, or for which district regulation
changes are proposed.
(2) By recommendation of the Planning Commission.
(3) By action of the City Council.
(b) Applications by an Owner or Owners of Property. For applications by
an owner or owners of property, the following additional procedures
apply:
(1) An application for an amendment of this UDO or the official
Zoning Map shall be initiated by the owner of the property or
their authorized agent. The applicant shall submit an
application, in accordance with Section 7.4 of this UDO, to the
Zoning Administrator.
(2) In addition to the requirements of Section 7.4 of this UDO, the
application must, at a minimum, contain all of the following
information:
(A) If the application involves a request to change district
boundaries affecting an area of five acres or less, the
name and mailing address of all property owners of
record, according to the county auditor’s property tax
records, within one-half mile of the property to which
the application relates;
(B) The name of the applicant and of all owners of the
property to which the application relates; and
(C) A description of the specific provisions of this UDO, or
the proposed change in zoning, and proposed change.
(3) Review by the Zoning Administrator and City Staff. The Zoning
Administrator may consult with other City staff on the
application. The Zoning Administrator shall provide the
applicant with comments and changes that are required to be in
compliance with the provisions of this UDO. The applicant shall
be required to submit revised documents incorporating the
required changes prior to the Planning Commission meeting.
(c) City Initiated Amendments. An amendment proposed by the Planning
Commission shall be forwarded in writing to the City Council for
review. If the City Council authorizes the Planning Commission to
proceed with the amendment, the Planning Commission shall hold a
hearing on the proposed amendment in accordance with this Section.
If the City Council initiated the amendment, the Planning Commission
shall hold a hearing on the proposed amendment in accordance with
this Section.
(d) Notice and public hearing. After determining that an application
contains all the necessary and required information, or upon the
initiation of an amendment by the Planning Commission or City
Council, the Zoning Administrator shall place the proposed
amendment on the Planning Commission agenda, schedule a public
hearing on the proposed request, and notify the public pursuant to
Section 7.5 of this UDO.
(e) Preparation of staff report. The Zoning Administrator or City staff shall
prepare a staff report providing an analysis of the proposal and a
recommendation. The report shall consider comments from other City
staff in formulating the recommendation. The written report shall be
forwarded to the Planning Commission for its consideration.
(f) Recommendation by Planning Commission. The Planning Commission
shall hear and make a recommendation on the proposed amendment.
If the Planning Commission so desires, it may continue the public
hearing and/or table the item to allow for further review, so long as
such action is in accordance with Minnesota Statutes, section 15.99.
The Planning Commission shall consider the applicable decision criteria
of this UDO and shall issue a recommendation to the City Council,
citing the specific reasons therefor.
(g) The City Council may conduct a public hearing and take final action on a
proposed amendment without a recommendation from the Planning
Commission if the Planning Commission does not conduct a public
hearing or forward a recommendation on the proposed amendment to
the City Council with sufficient time to allow the City Council to
consider and act on the application within the applicable statutory
timeline.
(h) Action by the City Council. The City Council shall consider and make the
final decision on the proposed amendment, acting to approve or deny
the proposed amendment, citing the specific reasons therefor.
(i) For amendments proposed by a property owner or property owners,
the applicant or their agent shall appear at each meeting of the
Planning Commission and City Council during which the application is
considered. Furthermore, each applicant shall provide the Planning
Commission or the City Council the additional information requested
for the purpose of assisting the recommendation or determination of
the application. The City Council shall adopt findings and shall act upon
the application in accordance with Minnesota Statutes, section 15.99.
(j) For amendments proposed by a property owner or property owners
the City Clerk, following the City Council’s action upon the application,
shall give the applicant a written notice of the action taken.
7.13.4 Amendment 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 and policies:
(a) Whether there is a clear and public need or benefit;
(b) Whether the proposed amendment is consistent with and compatible
with surrounding land use classifications;
(c) Whether all permitted uses in the proposed zoning district can be
contemplated for development of the subject property;
(d) Whether there have been substantial physical or zoning classification
changes in the area since the subject property was zoned;
(e) Whether there is an evident, broad public purpose in the case of City-
initiated rezoning proposals;
(f) Whether the subject property will bear fully the UDO development
restrictions for the proposed zoning districts;
(g) Whether the subject property is generally unsuited for uses permitted
in the present zoning district, with respect to size, configuration,
topography or location;
(h) Whether the rezoning will result in the expansion of a zoning district,
warranted by:
(1) Comprehensive Planning;
(2) The lack of developable land in the proposed zoning district; or
(3) The best interests of the community;
(i) Whether the proposal demonstrates merit beyond the interests of an
owner or owners of an individual parcel.
(j) The specific policies and recommendations of the Comprehensive Plan
and other City plans;
(k) The purpose and intent of this UDO, or in the case of a map
amendment, whether it meets the purpose and intent of the individual
district; and
(l) If applicable, the adequacy of a buffer or transition provided between
potentially incompatible districts.
7.13.5 Adoption by the City Council.
(a) A majority vote of all members of the Council shall be required to
adopt any amendments to this Unified Development Ordinance.
(b) The adoption or amendment of any part of the Unified Development
Ordinance that changes all or part of the existing classification of a
Zoning District from residential to either commercial or industrial
requires a two-thirds majority vote of all of the members of the City
Council.
(c) The City Council may alter the amendment proposed, but if the
alteration results in a modification of the officlal Zoning Map filed at
the time of the first publication of notice of the hearing, it shall not be
made until ten (10) days after notice has been given by mail to the
owner of the property to be zoned that an amendment is being
considered and may be adopted which is different from that shown on
the original Zoning Map filed in support of the requested zoning
change.
7.13.6 Limit on Similar Applications.
No application of an owner for an amendment to the text of this UDO or the Zoning
Map shall be considered by the City within a one-year period following a denial
of such request, except that a new application may be allowed if, in the
opinion of the Zoning Administrator, there is new evidence or a sufficient
change of circumstances to warrant additional consideration of the proposal
by the City.
7.13.7 Regular Review by Zoning Administrator.
The Zoning Administrator shall review the UDO no more than every three years,
beginning with the date of adoption noted in Section 1 of this UDO. The
Zoning Administrator should make any recommendations for updates to the
Planning commission, which shall review the recommendations and propose
amendments at its discretion.
7.13.8 Review of Rezoning.
Where property within the City has been rezoned for a less restrictive land use upon
application of the owner or their agent pursuant to the provisions of this
Unified Development Ordinance, and where no structural work thereon has
commenced within two (2) years of the date of the rezoning action by the City
Council, the Planning Commission may review the zoning classification of the
property in the light of the Comprehensive Plan and make appropriate
recommendations to the City Council which may include the recommendation
that the subject property be rezoned to permit a more restrictive use in
conformance with the provisions of the Comprehensive Plan.
Subdivision and Planned Unit Development
8.3 Subdivision of Land Procedure
8.3.1 Purpose.
This subsection is established to provide for administrative approval of subdivisions or consolidations that meet specified criteria and for the waiver of standard platting
requirements specified elsewhere in this Section. The minor subdivision process is
intended largely to facilitate the further division of previously platted lots, the
combination of previously platted lots into fewer lots, or for the adjustment of a lot line
by relocation of a common boundary.
Criteria for approval.
A minor subdivision or consolidation must comply with the following:
(1) A property line adjustment that does not increase or decrease the number of
parcels.
(2) Lot splits resulting in no more than three (3) parcels.
(3) The land involved has been previously platted or subdivided by Registered
Land Survey and is on file and of record in the Hennepin County Recorder or
Registrar of Titles.
(4) The lot or lots have frontage on an existing improved street, if required, and
access to City services.
(5) The application will not cause the parcel or any structure on the parcel to be in
violation of this Section, the Unified Development Ordinance, or the building
code, unless prior or concurrent approval of a variance is granted.
(6) The property has not been subject to a minor subdivision in the last five (5)
years.
(7) Subdivisions not meeting the criteria for a minor subdivision, or where the
proposed minor subdivision involves unusual elements or policy decisions that
the Zoning Administrator determines require detailed review, shall be subject to
the platting requirements and procedures in this Section.
8.3.2 Application
Applications for a minor subdivision or consolidation shall be made to the
Community Development Department on forms provided by the City and shall include
evidence of ownership interest. The application must be accompanied by the fee
specified in the adopted fee schedule.
Applications must include one (1) electronic copy of a certified survey drawn to an
engineer's scale with the new lots and new legal descriptions including:
(1) Existing and proposed property lines.
(2) Dimensions of the existing and proposed parcels.
(3) The area of the existing and proposed parcels.
(4) All existing structures, including dimensions to existing and proposed property lines.
(5) All visible encroachments.
(6) All easements of record.
(7) Distance between any existing driveways and existing and proposed property
lines.
(8) Trees that will be lost due to any proposed construction.
8.3.3 Review
The Zoning Administrator will review the application to determine compliance with this
Section. The Zoning Administrator will approve or deny the application and will notify the subdivider of the decision in writing. If the application is denied, the Zoning Administrator
will state the reasons for the denial. Any person aggrieved by the decision of the Zoning
Administrator may appeal to the Board of Adjustments and Appeals in the manner
described in Section 7.3.
8.3.4 Filing
The subdivider must file a final minor subdivision or consolidation with the Office of the Hennepin County Recorder or Registrar of Titles. Evidence of proper filing must be
submitted to the Zoning Administrator prior to issuance of any building permits. If a
minor subdivision or consolidation is not recorded within one (1) year after the date of
written approval, the Zoning Administrator may, upon ten (10) days' written notice to the
subdivider, revoke the approval in writing.
8.3.5 Combination of Land Parcels
Multiple parcels of land which are contiguous and adjacent, and which are proposed
to serve a single development use and which are under common ownership shall be
combined into a single parcel through platting or registered land survey.
Every parcel proposed for some use permitted by the terms of this Unified
Development Ordinance shall abut a public right-of-way, provided that where unusual
circumstances prevail, the City Council may waive this requirement in favor of a
reasonable alternative.
8.3.6 Preliminary Plat
Procedure
(1) Before dividing any tract of land into two or more lots or parcels, an owner or
subdivider shall file the following with the City Clerk:
(A) Four copies of the preliminary plat.
(B) A cash fee in an amount set forth by City Council resolution. This fee will be
used for the expenses of the City in connection with approval or disapproval of
said preliminary plat.
(2) The City Clerk shall then:
(A) Set a public hearing on the preliminary plat, such hearing to be held by the
Planning Commission within 30 days. Notice of said hearing shall be published in
the official City newspaper at least ten (10) days prior to the hearing.
(B) Refer two copies of the preliminary plat to the Planning Commission for its
examination and report and one copy to the City Engineer for their examination
and report. Copies of the report of the City Engineer shall be given to the
Planning Commission within 15 days.
(3) The Planning Commission shall have the preliminary plat on its agenda at its next regular meeting following referral from the City Clerk. This meeting is required and
may also serve as the public hearing.
(4) The Planning Commission shall make its report to the City Council on or before the
second regular meeting of the Planning Commission following referral by the City
Clerk. If the report of the Planning Commission has not been received in time to
meet this requirement, the City Council may act on the preliminary plat without
such a report.
(5) The City Council shall approve or deny the preliminary plat in whole or in part,
within one hundred twenty (120) days of receipt of the preliminary plat, unless an extension of the review period has been agreed to in writing by the applicant or required by Minnesota Statutes or other administrative procedures. If the
governing body fails to act within the review period, the application shall be deemed to be preliminarily approved. Such approval shall not constitute final
acceptance of the subdivision.
(6) If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the City Council and transmitted to
the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the subdivision.
Necessary Data for Preliminary Plat
(1) The preliminary plat shall be clearly and legibly drawn. The size of the map shall
not be less than 12 inches by 18 inches. All subdivision maps should, if possible,
be drawn at a scale of one inch equals 100 feet.
(2) The preliminary plat shall contain the following information:
(A) Identification And Description
i. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name
of any plat theretofore recorded in the County.
ii. Location by section, township, range or by other legal description.
iii. Names and addresses of the owner, subdivider, surveyor and designer of the plan.
iv. Graphic scale.
v. North-Point.
vi. Date of preparation.
(B) Existing Conditions
i. Boundary line of proposed subdivision, clearly indicated.
ii. Existing zoning classification.
iii. Total approximate acreage.
iv. Location, widths and names of all existing or previously platted streets or other public ways, showing type,
width and condition of improvements, if any railroad and utility right of way, parks and other public open
spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to
a distance of 150 feet beyond the tract.
v. Location and size of existing sewers, water mains, culverts or other underground facilities within the
tract and to a distance of 100 feet beyond the tract. Such data as grades, invert elevations, and locations of
catch basins, manholes, and hydrants shall also be shown.
a. The City Engineer may waive the need to provide grades and invert elevations of existing underground facilities.
vi. Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identifying by name and
ownership.
vii. Topographic data, including contours at vertical intervals of not more than two feet, except that contour
lines shall be no more than 100 feet apart. Water courses, marches, wooded areas, rock outcrops, power
transmission poles and lines, and other significant features shall also be shown. Elevation datum shall be
given in reference to U.S. Geodedic Survey, 5th General Adjustment. Topographic data shall be shown for
tract and adjacent areas within 300 feet of the tract.
(C) Subdivision Design Features
i. Layout of proposed streets, showing right of way widths and names of streets. The name of any street
heretofore used in the City or its environs shall not be used, unless the proposed street is an extension of an
already named street, in which event the name shall be used.
ii. Location and widths of proposed alleys, pedestrian ways and utility easements.
iii. Typical cross-sections of proposed improvements upon streets and alleys, together with an indication of
the proposed storm water runoff.
a. The City Engineer may waive the need to provide typical cross sections of proposed improvements.
iv. Approximate center line gradients of proposed streets and alleys, if any.
v. Location, size and approximate gradient of proposed sewer lines and water mains.
a. It is not essential this information be submitted until requested by the City Engineer.
vi. Layout, number and typical dimensions of lots.
vii. Minimum front and side-street building setback lines, indicating dimensions.
a. It is not essential that building setback lines be shown except on curved streets or where obviously extraordinary conditions prevail.
viii. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or
reserved for public use, including the size of such area or areas in acres.
(D) Other Information
i. Statement of the proposed use of lots (type of residence, business or industry) so as to reveal the effect
of the development on traffic, fire hazards or congestion of population.
ii. Proposed protective covenants.
iii. Source of water supply.
iv. Provisions for sewage disposal, drainage and flood control.
v. If any zoning changes are contemplated, the proposed zoning plan for the areas including dimensions.
vi. It is not essential that source of water supply, provisions for sewage disposal, nor contemplated zoning
changes be indicated unless so requested by the city engineer.
vii. If, in the opinion of the City Engineer, further information is required, such information shall be
furnished before the date of the public hearing.
(E) Qualifications Governing Approval of Preliminary Plat
i. The City Council may require such changes or revisions as it deems necessary for the health, safety, general
welfare and convenience of the City.
ii. The approval of a preliminary plat by the City Council is tentative, only involving merely the general
acceptability of the layout as submitted.
iii. Subsequent approval will be required of the engineering proposals pertaining to water supply, storm
drainage, sewerage and sewage disposal, gas and electric service, grading, gradients and roadway widths and
the surfacing of streets by the City Engineer and other public officials having jurisdiction, prior to the
approval of the final plat by the City.
iv. No plat will be approved for a subdivision which covers an area subject to periodic flooding or which
contains extremely poor drainage facilities and which would make adequate drainage of the streets and lots
impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City
Engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage.
8.3.7 Final Plat
Procedure
(1) The owner or subdivider shall file with the City Clerk six copies of the final plat and a
permit fee in an amount set forth by City Council resolution not later than six
months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in
writing by the subdivider and for good cause granted by the City Council. The
owner or subdivider shall also submit at this time an up-to-date certified abstract
of title or registered property report and such other evidence as the City Attorney
may require showing title or control in the applicant. Prior to release by the City
of a final, approved plat, the owner shall reimburse the City the full amount of
legal fees incurred by the City in obtaining a review or opinion of title.
(2) The final plat will have incorporated all changes or modifications required by the
City Council; otherwise it shall conform to the preliminary plat. It may constitute only that portion of the approval preliminary plat which the subdivider proposes to
record and develop at the time, provided that such portion conforms with all the requirements of this Unified Development Ordinance.
(3) The City Clerk shall refer one copy of the final plat to the Planning Commission,
one copy to the City Engineer, and a copy each to the telephone, power and gas companies. The abstract of title or registered property report shall be referred to
the City Attorney for their examination and report. The City Attorney's report and City Engineer's report shall be given to the City Council within 15 days. The
Planning Commission may at its discretion submit a report to the City Council.
(4) The City Council shall take action on the final plat within sixty (60) days after
receipt of the complete application. If the plat is not approved, the reasons for such action shall be recorded in the official proceedings and transmitted to the
subdivider. If the City Council fails to act within sixty (60) days, and if the subdivider has complied with all conditions and requirements of applicable
regulations and all conditions and requirements upon which preliminary plat approval was expressly conditioned, the application shall be deemed finally
approved.
(5) If the final plat is approved by the City Council, the subdivider shall record it with
the Hennepin County Recorder or Registrar of Titles within 90 days after the date of approval; otherwise, the approval of the final plat shall be considered void.
(6) The subdivider shall, immediately upon recording, furnish the City Clerk with a
print of the final plat showing evidence of the recording.
Necessary Data for Final Plat
(1) General.
The final plat shall be prepared by a registered surveyor. All information except
topographic data and zoning classification required on the preliminary plat, shall be accurately shown. The size of the map shall be 20 inches by 30 inches. Subdivisions
should, if possible, be drawn at a scale of one inch equals 100 feet.
(2) Additional Delineation.
(A) Data required under regulations of county surveyor
Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, alleys, easements, areas to be reserved
for public use, and other important features. Dimensions of lot lines shall be
shown in feet and hundredths, and the exact area in square feet of each lot
shall be shown within each lot on the plat on at least one copy of the final
plat.
(B) When lots are located on a curve or when side lot lines are at angles other
than 90 degrees, the width of the building setback line shall be shown. This
information is not required if the information is available on the preliminary
plat.
(C) An identification system for all lots and blocks.
(D) True angles and distances to the nearest established street lines or official
monuments (not less than three) which shall be accurately described in the plat.
(E) Municipal, township, county or section lines accurately tied to the lines of
the subdivision by distances and angles.
(F) Complete curve data, including radii, internal angles, points and curvatures,
tangent bearings, and lengths of all arcs.
(G) Accurate location of all monuments.
(H) Accurate outlines and legal description of any areas to be dedicated or
reserved for public use, or for the exclusive use of property owners within the
subdivision with the purpose indicated therein.
(I) Certification by a registered land surveyor to the effect that the plat
represents a survey made by him and that monuments and markers shown
thereon exist as located and that all dimensional and geodetic details are
correct.
(J) Notarized certification by owner, and by any mortgage holder of record, of
the adoption of the plat and the dedication of streets and other public areas.
(K) Certification showing that all taxes currently due on the property to be
subdivided have been paid in full.
(L) Form for approval of the council as follows:
(M) Form for approval by County authorities as required.
8.3.8 Combined Preliminary and Final Plat Approval
Approved by the City Council of the City of Brooklyn Center,
Minnesota, this day of , 20
Signed Mayor
Attest:
City Clerk
In some instances, due to the simplicity of the proposed subdivision, the City may
agree to combine the preliminary and final plat process. The process may be combined
only when a proposed subdivision meets all of the following requirements:
(1) The resulting subdivision contains no more than 5 lots.
(2) The proposed subdivision is located in an area where streets and utilities are in
place and capable of serving the subdivision.
(3) The proposed subdivision does not require the dedication or construction of
future streets and will not interfere with the development of adjacent properties.
(4) The resulting lots shall conform with all provisions of this Unified Development Ordinance unless a variance has been granted.
Procedure
(1) An application for a combined preliminary and final plat, signed by the subdivider and the property owner, shall be submitted to the City Clerk. This application
shall be accompanied by the following:
(A) Three (3) full-scale copies, and one (1) digital copy of the preliminary plat.
(B) All of the information required in Section 5.4.3(b) and 5.4.4(b).
(C) The required filing fee(s) as established by resolution of the City Council.
(2) The City Clerk shall then:
(A) Set a public hearing for the combined preliminary and final plat, such
hearing to be held by the Planning Commission within 30 days. Notice of said
hearing shall be published in the official City newspaper at least ten (10) days
prior to the hearing.
(B) Refer two copies of the combined preliminary and final plat to the Planning
Commission for its examination and report and one copy to the City Engineer
for their examination and report. Copies of the report of the City Engineer shall
be given to the Planning Commission within 15 days.
(3) The Planning Commission shall have the combined preliminary and final plat on
its agenda at its next regular meeting following referral from the City Clerk. This
meeting may also serve as the public hearing.
(4) The Planning Commission shall make its report to the City Council on or before the
second regular meeting of the Planning Commission following referral by the City
Clerk.
(5) The City Council shall act on the combined preliminary and final plat within 60
days of the date on which it was filed with the City Clerk. If the report of the
Planning Commission has not been received in time to meet this requirement, the City Council may act on the combined preliminary and final plat without such a
report.
(6) If the combined preliminary and final plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the City Council and
transmitted to the applicant.
(7) If the final plat is approved by the City Council, the subdivider shall record it with
the Hennepin County Recorder or Registrar of Titles within 30 days after the date of approval; otherwise, the approval of the combined preliminary and final plat
shall be considered void.
(8) The subdivider shall, immediately upon recording, furnish the City Clerk with a
print of the final plat showing evidence of the recording.
8.3.9 Exceptions
The provisions of Section 5.4 do not apply if the land described is:
(1) A single parcel of commercial or industrial land of not less than five acres and
having a width of not less than 300 feet and its conveyance does not result in the
division of the parcel into two or more lots or parcels, any one of which is less
than five acres in area or 300 feet in width, or
(2) A single parcel of residential or agricultural land of not less than 20 acres and
having a width of not less than 500 feet and its conveyance does not result in the
division of the parcel into two or more lots or parcels, any one of which is less
than 20 acres in area or 500 feet in width.
(3) Other exceptions as outlined in Minnesota State Statute 462.358, Subsection 4b.
8.4 Subdivision Design Standards
8.4.6 Purpose And Interpretation.
Each new subdivision becomes a permanent unit in the basic physical structure of the
future community, a unit to which the future community will of necessity be forced to
adhere. Piecemeal planning of such subdivisions, without correlation to the City's plan,
will bring a disastrous disconnected patchwork of plats and poor circulation of traffic. In
order that new subdivisions will contribute toward an attractive, orderly, stable and
wholesome community environment, adequate municipal services, and safe streets, all
subdivisions hereafter platted within the incorporated limits of the City of Brooklyn Center
shall in all respects fully comply with the regulations hereinafter set forth in this Unified
Development Ordinance. In their interpretation and application the provisions of this
Unified Development Ordinance shall be the minimum requirements adopted for the
protection of the public health, safety and general welfare.
8.4.7 Scope
Except in the case of a resubdivision, this Unified Development Ordinance shall not apply to
any lot or lots forming a part of subdivision plats recorded in the Office of the Hennepin
County Recorder or Registrar of Titles prior to the effective date of this Unified
Development Ordinance, nor is it intended by this Unified Development Ordinance to
repeal, abrogate, annul or in any way impair or interfere with existing provisions of other
laws or Unified Development Ordinances except those specifically repealed by, or in
conflict with, this Unified Development Ordinance, or with private restrictions placed
upon property by deed, covenant or other private agreement, or with restrictive
covenants running with the land to which the City is a party.
8.4.8 Minimum Subdivision Design Standards
Conformance with Comprehensive Plan
The proposed subdivision shall conform to the Comprehensive Plan.
Public Street Plan.
(1) The arrangements, character, extent, width, grade and location of all streets shall
conform to the Comprehensive Plan and shall be considered in their relation to
existing and planned streets, to reasonable circulation of traffic, to topographical
conditions, to runoff of storm water, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be served by such
streets.
(2) The arrangement of streets in new subdivisions shall make provisions for the
appropriate continuation of the existing streets in adjoining areas.
(3) Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall make provision for the proper projection of streets.
(4) When a new subdivision adjoins unsubdivided land susceptible of being
subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.
Public Streets
(1) Right-Of-Way Widths
All right of way widths shall conform to the following minimum dimensions:
Classification Minimum Width
Minor Arterial 100 feet or as shown on the Comprehensive Plan
Major Collector 80 feet
Minor Collector 60 feet
Local Street 60 feet
(2) Street Deflections.
When connecting street lines of the same street deflect from each other at any
one point by more than ten degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 200 feet for local streets, and of such greater distance as necessary to meet the Minnesota
Department of Transportation Road Design Manual, latest revision, for minor
arterial and collector streets. The City Council may require greater or lesser sight
distances at the recommendation of the City Engineer.
(3) Reverse Curves.
A tangent of at least 50 feet shall be provided between reverse curves on local
streets, and of at least 100 feet on minor arterial and collector streets.
(4) Street Grades.
The minimum grade for all streets shall be 0.4 percent. Grades within 30 feet of intersections with arterial and collector streets and grades for the turnaround
portion of a cul-de-sac street shall not exceed three percent. Otherwise, the
maximum grades shall be as follows
Classification Percentage
Minor Arterial 5%
Collector 5%
Local Street 6%
(5) Vertical Curves.
Differing connecting street gradients for minor arterial and collector streets shall be connected with vertical parabolic curves. The minimum length of such curves
shall be in accordance with the Minnesota Department of Transportation Road
Design Manual, latest revision.
(6) Local Streets.
Local streets shall be so aligned that their use by through traffic will be
discouraged.
(7) Street Jogs.
Proposed new intersections along one side of an existing street shall, wherever
practicable, coincide with any existing intersections on the opposite side of such
street. Street jogs shall have a centerline offset of at least 125 feet for local streets
and 150 feet for minor arterial and major and minor collector streets.
(8) Safe Intersections.
Streets shall be laid out to intersect at right (90 degree) angles with a 50 foot
minimum tangent from the radius return. The angle of an intersection may be
varied in cases where topography or other factors justify a variation, but in no
case shall a street intersect with another street at angle of less than 75 degrees.
Intersections having more than four corners shall be prohibited.
Minimum curb radius at the intersection of two local streets shall be at least 15
feet; and minimum curb radius at an intersection involving a collector street shall
be at least 20 feet.
(9) Alleys.
Alleys are not permitted in residential areas.
(10) Cul-de-sac
Maximum length cul-de-sac streets shall be 500 feet measured along the center
line from the intersection of origin to end of right of way, unless there are 18 or
less lots abutting the cul-de-sac. Each cul-de-sac shall be provided at the closed
end with a turnaround having an outside roadway diameter of at least 100 feet, and a street property line diameter at least 120 feet.
(11) Marginal Access Streets.
Where a subdivision abuts or contains an existing or planned Minor Arterial, the council may require marginal access streets or other such treatment as may be
necessary for adequate protection of residential properties and to afford
separation of through and local traffic.
(12) Half Streets.
Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of
these regulations; and where the council finds it will be practicable to require the
dedication of the other half when the adjoining property is subdivided.
(13) Reserve Strips
Reserve strips controlling access to streets shall be prohibited except under
conditions approved by the council.
(14) Railroad or Limited Access Highways Abutting Subdivision.
Where a subdivision borders on or contains a railroad right of way or limited
access highway right of way, the council may require a street approximately
parallel to and on each side of such right of way at a distance suitable for the
appropriate use of the intervening land, as for park purposes in residential
districts or for commercial or industrial purposes in appropriate districts. Such
distances shall also be determined with due regard for the requirements of
approach grades and future grade separations.
(15) Private Streets.
With the exception of condominium single family attached dwelling unit
subdivisions, private streets shall not be approved nor shall public improvements be
approved for any private street.
(16) Hardship to Owners of Adjoining Property Avoided.
The street arrangements shall not be such as to cause hardship to owners of
adjoining property in platting their own land and providing convenient access to
it.
(17) Street Interval.
In general, provisions shall be made at intervals not exceeding one- half mile for
through streets (streets running through the subdivision in a fairly direct manner.)
Public Alleys and Pedestrian Ways.
Alleys shall be at least 24 feet wide in commercial and industrial areas. The
council may require alleys in nonresidential areas where adequate off-street
loading space is not available.
Pedestrian ways shall be at least 10 feet wide.
Easements.
(1) Provided for Utilities.
With the exception of condominium single family attached dwelling unit subdivisions, easements at least 10 feet wide, centered on rear and other lot lines shall be provided for utilities, where necessary. They shall have continuity of
alignment from block to block and at defection points. Easements for pole-line
anchors shall be provided where necessary.
(2) Provided for Drainage.
Where a subdivision is traversed by a water course, drainage way, channel or
stream, there shall be provided a storm water easement or drainage right of way
conforming substantially with the lines of such water course, together with such
further width or construction or both, as will be adequate for storm water runoff.
Blocks.
(1) Factors Governing Dimensions.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of residential lots required in the area by the zoning Unified
Development Ordinance and to provide for convenient access, circulation control
and safety of street traffic.
(2) Nonresidential Blocks.
Blocks intended for commercial, institutional and industrial use must be
designated as such.
(3) Lengths.
Block lengths shall not exceed 1,800 feet.
(4) Arrangements.
With the exception of condominium single family attached dwelling unit subdivisions, a block shall be so designed as to provide two tiers of lots, unless it
adjoins a railroad or limited access highway where it may have but a single tier of
lots.
(5) Pedestrian Ways.
In blocks over 900 feet long, pedestrian crosswalks may be required by the council in locations deemed necessary to public health, convenience and
necessity.
Lots.
(1) Location.
With the exception of lots in a condominium single-family attached dwelling unit
subdivision, all lots shall abut by their full frontage on a publicly dedicated street or a street that has received the legal status as such.
(2) Size.
(A) The interior lot dimensions in subdivisions designed for single family detached
dwelling developments in the R1 and R2 Districts shall be consistent with
dimensions as established by the UDO in Section 5.1.
(B) The minimum corner lot dimensions for single family detached dwelling
developments in the R1 and R2 Districts shall be consistent with dimensions as
established by the UDO in Section 5.1:
(C) Where sanitary sewer facilities are not provided, the minimum size of lots shall
be 13,500 square feet.
(3) Butt Lots.
Butt lots shall be platted at least five feet wider than the average width of interior lots in the block.
(4) Side Lot Lines.
Side lines of lots shall be substantially at right angles or radial to the street line.
(5) Water Courses.
Lots abutting upon a water course, drainage way, channel or stream shall have an
additional depth or width as required, to assure house sites that are not subject to flooding.
(6) Features.
In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, water courses, historic spots or similar conditions, which if preserved will add attractiveness and stability to the proposed development.
(7) Lot Remnants.
All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.
(8) Political Boundaries
No lot shall extend over a political boundary or school district line.
8.4.9 Required Improvements.
No final plat shall be approved by the City Council without first receiving a report signed by
the City Engineer and the City Attorney certifying that the improvements described therein together with the agreements and documents required under Section 9 of this Unified Development Ordinance meet the minimum requirements of the City Code. The
following improvements shall be required of all new subdivisions unless a variance is granted:
Monuments
Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as shown on the final plat, location and size as determined
by the city engineer. There shall be at least three concrete monuments installed per
block. If the block is longer than 800 feet, there shall be four monuments. They shall
be installed on the west and south sides of the street at the exterior corners and the
remaining monuments equally dividing the distance between. Other monuments shall
be steel or cast iron, as approved by the Hennepin County Surveyor and shall be set at each corner or angle on the outside boundary of all lots. Pipes or steel rods shall be
placed at the corners of each lot and at each intersection of street centerlines. All U.S.,
state, county, or other official benchmarks, monuments, or triangulation stations in or
adjacent to the property shall be preserved in precise position.
Water and Sewer Facilities.
Sanitary sewers, storm sewers, and water distribution facilities shall be installed if connection to the City's sewer or water system is available. The City Council may elect to
install these facilities, assessing their cost against the subdivision. If provided by the
subdivider, the improvements shall conform to specifications of the City Engineer.
Public Street Grading.
The full width of the right of way shall be graded, including the subgrade of the areas to be paved, in accordance with the standard plans prepared by the City Engineer.
Public Street Improvements.
(1) Pavement Widths
(2) Minimum pavement width for minor arterial and collector streets, as measured
from face of curb to face of curb, shall be in accordance with the Comprehensive
Plan. When not shown in the Comprehensive Plan, the minimum pavement width
for minor arterial and collector streets shall be determined by the City Engineer
based on anticipated traffic volume.
(3) Minimum pavement width for local streets, as measured from face of curb to face
of curb, shall be as follows:
Classification Minimum Width
Local Streets, Non-Residential 36 feet
Local Streets, Residential 30 feet
Marginal Access 26 feet
(4) Cul-de-sacs
All cul-de-sacs shall have turn-arounds, the pavement of which shall have a
minimum diameter of 100 feet.
(5) Curbs and gutters.
(A) All street improvements shall be constructed in accordance with applicable
standards specifications established by the City Engineer.
(B) Storm water inlets and necessary culverts and dry wells shall be provided within
the roadway improvements at points specified by the City Engineer.
(C) All curb corners shall have a radii of not less than 15 feet except at collector and
marginal access streets where they shall be not less than 25 feet.
(6) Street Trees
(A) Street trees having a trunk diameter (measure 12 inches above the ground) of not
less than one and three-fourths inches shall be planted along all streets where
trees do not exist, and not more than 75 feet and not less than 40 feet apart. This
requirement will be satisfied, and it is preferable if an equivalent number of trees
of the same size exist or are planted in a naturalistic way in the front yards of
the adjoining lots.
(B) Only ash, American elm and long-lived hardwood shade trees shall be planted.
These shall be planted in at least one cubic yard of growing soil.
(7) Name Signs.
Street name signs shall be placed at all street intersections within or abutting the
subdivision. Such signs shall be of a type approved by the City and shall be in accordance with standards of the City.
(8) Boulevard Sod.
Boulevard sod shall be installed from the street gutter line to the property line adjacent to all streets. This shall include any side yard boulevards.
Pedestrian Ways.
Where pedestrian ways are installed, Portland cement concrete walks shall be
constructed to a minimum width of five feet.
Public Utilities.
(1) All the utility lines for telephone and electric service shall be placed in rear line
easements when carried on overhead poles.
(2) Where telephone, electric and gas service lines are placed underground entirely
throughout subdivided area, conduits or cables shall be placed within easement
or dedicated public ways, in a manner which will not conflict with other
underground service. Further transformer boxes shall be located so as not to be
hazardous to the public. All drainage and underground utility installations which
traverse privately owned property shall be protected by easements.
(3) When a drainage easement is provided and where proper drainage requires that
such easement be brought to grade, such easement shall be graded in accordance
with plans approved by the City Engineer.
(4) Election by City to Install Improvements.
The City may, in its discretion, elect to install all or any part of the improvements required under the provisions of this Unified Development Ordinance in lieu of
requiring the subdivider to install such improvements.
8.4.10 Required Agreements And Bonds.
Before a final plat is approved by the City Council, the owner and subdivider of the land
covered by said plat shall execute and submit to the council an agreement to make and install within two years all improvements required to be installed under the provisions of this Unified Development Ordinance, in accordance with the plans and specifications therefor
to be prepared by the City Engineer. The agreement shall conform to standards set in Section 6.3.6.
8.4.11 Inspection At Subdivider's Expense.
All required land improvements to be installed under the provisions of this Unified Development Ordinance shall be inspected at the subdivider's expense during the course
of construction. Such inspection shall be by the City Engineer or an inspector appointed by
the City Council.
8.4.12 Building Permit.
With the exception of condominium single family attached dwelling unit subdivisions, no
building permits shall be issued by any governing official for the construction of any
building, structure or improvement on any land required to be subdivided by this Unified
Development Ordinance until all requirements of this Unified Development Ordinance
have been fully complied with.
8.5 Planned Unit Developments
8.5.6 Purpose.
The purpose of a Planned Unit Development (PUD) is to provide comprehensive
procedures and standards intended to allow more creativity and flexibility in site plan design than would be possible under a conventional zoning standards. Although planned unit developments may appear to deviate in certain aspects from a literal interpretation
of the zoning and subdivision ordinance, the PUD is intended to allow flexibility in design
in order to promote developments which will be an asset to the City by equaling or
surpassing the quality of developments resulting from the application of more
conventional zoning regulations. It is intended that PUDs address several of the following:
Provide for the establishment of a PUD in appropriate settings and situations to
create or maintain a development pattern that is consistent with the City's
Comprehensive Plan;
Promote a more creative and efficient approach to land use within the City, while at
the same time protecting and promoting the health, safety, comfort, aesthetics,
economic viability and general welfare of the City;
Provide for variations to the strict application of the land use regulations in order to
improve site design and operation, while at the same time incorporate design
elements that exceed the City's standards to offset the effect of any variations.
Desired design elements may include: pedestrian-oriented design, landscaping,
sustainable design, greater utilization of new technologies in building design, special
construction materials, stormwater management, or open space preservation;
Ensure high quality of design and design compatible with surrounding land uses,
including both existing and planned;
Maintain or improve the efficiency of public streets and utilities;
Preserve and enhance site characteristics, including natural features, wetland
protection, trees, open space, scenic views and screening;
Allow for mixing of land uses within a development;
Encourage a variety of housing types, including affordable housing; and
Ensure the establishment of appropriate transitions between differing land uses.
8.5.7 Relationship to Major Subdivision Platting.
The City considers PUD’s through the conditional use 0ermit process; however, the special
characteristics of a PUD often result in the subdivision of land, requiring a concurrent Major Subdivision process. If a property is to be subdivided, the conditional use permit
for a PUD shall be considered concurrently with the preliminary plat application, and both
resolutions for approval shall require the approval of the other. As with any other
subdivision, the applicant is encouraged to submit a sketch plan prior to applying for a
simultaneous PUD and Major Subdivision-preliminary plat.
8.5.8 Procedure.
Preapplication Conference
Prior to filing an application for a PUD, the applicant must arrange for and attend a conference with City staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain
guidance as to the general suitability of the proposal for the area for which it is
proposed and its conformity to the provisions of this UDO before incurring
substantial expense in the preparation of plans, surveys and other data. the
applicant will work with City staff to determine a package of amenities
commensurate with the scope of the proposed project. The approach should
address one or more of the following topics:
(1) Innovative environmental design.
(2) Affordable housing.
(3) Providing affordable commercial space.
(4) Local business use.
Preapplication sketch plan review.
(1) Prior to filing a PUD application, the applicant may submit a sketch plan of the project to the City. The submittal should include a statement providing
justification for the PUD, including, but not limited to, the intended utilization of
the items listed in the purpose, intent and criteria in this Section.
Planning commission and City Council review of sketch plan.
(1) The Planning and Zoning Division shall refer the sketch plan to the Planning
Commission and City Council for discussion, review and informal comment. Any
opinions or comments provided to the applicant by the City Planner, Planning
Commission and City Council shall be considered advisory only and shall not
constitute a binding decision on the request. There shall be no official application
made for a sketch plan. It is an informal review and comment by Planning
Commission and City Council.
Application. In addition to the requirements of Section 7.4 of this UDO, a complete
application shall include the following:
(1) A PUD Development Plan including the following:
(A) Depiction and outline the proposed implementation of the sketch
plan for the PUD;
(B) Street and utility locations and sizes;
(C) A drainage plan, including location and size of pipes and water
storage areas;
(D) A grading plan, including temporary and permanent erosion control
provisions;
(E) A landscape plan;
(F) A lighting plan;
(G) A plan for timing and phasing of the development;
(H) Covenants or other restrictions proposed for the regulation of the
development;
(I) A site plan showing the location of all structures and parking areas;
(J) Building renderings or elevation drawings of all sides of all buildings
to be constructed in at least the first phase of development; and
(K) Any additional information and documentation the City may deem
necessary and relevant.
(2) Written description of requested flexibility from zoning standards within the
PUD.
Application distributed. When the Zoning Administrator determines the application to
be complete, the Zoning Administrator shall distribute the application and exhibits to
any applicable City Staff, officials, and other government agencies for review and
comment.
Hearing on application, review and decision. The review of the application shall follow
the procedures for conditional use permits, as set forth in Section 7.7 of this UDO.
8.5.9 PUD Criteria.
In addition to the criteria set forth in Section 7.7.3 of this UDO for conditional use permits, the City Council shall base its decision upon the following additional criteria:
Compatibility of the development plan with the standards, purposes and intent of this
Section;
Consistency of the development plan with the goals and policies of the
Comprehensive Plan;
The impact of the development plan on the neighborhood in which it is to be located;
and
The adequacy of internal site organization, uses, densities, circulation, parking
facilities, public facilities, recreational areas, open spaces, and buffering and
landscaping.
8.5.10 PUD approval.
All conditional use permits for PUD’s shall be issued pursuant to Minnesota
Statutes, section 462.3595 as may be amended from time to time and a certified
copy of any conditional use permit for a PUD shall be recorded with the Hennepin
County Recorder or Registrar of Titles along with a legal description of the property
subject to the conditional use permit.
No conveyance of property within the PUD shall take place until the property is
platted in conformance with the City subdivision regulations and Minnesota
Statutes, section 462.358. All bylaws, homeowners’ association articles of incorporation, and protective covenants must be approved by the City Attorney
and filed with the record plat.
Prior to construction on any PUD site, the developer shall execute a development agreement in a form satisfactory to the City.
After approval, nothing shall be constructed on the site and no building permits
shall be issued except in conformity with the approved plans.
If no building permits have been obtained within 12 months following approval by the City Council, or if no construction has commenced on the area approved for the
PUD within 12 months after the issuance of building permits, the City Council may
initiate revocation of the conditional use permit.
8.5.11 PUD amendments.
Amendments to an approved PUD shall be administered as follows:
(a) Minor amendment. An application to amend a conditional use permit for the
following shall be considered a minor amendment:
(1) Landscape changes;
(2) Parking lot configuration changes (not change in number of spaces);
(3) Less than a ten (10) percent change in floor area in any one (1) structure;
(4) Less than a ten (10) percent change in the approved separation of buildings;
(5) Less than five (5) percent change in the ground area covered by the project;
(6) Less than a five (5) percent change in the number of residential units; or
(7) Less than a five (5) percent change in the number of parking spaces.
(b) Major amendment. An application to amend a conditional use permit for the
following shall be considered a major amendment:
(1) Any decrease in the amount of approved open space;
(2) Ten (10) percent or greater change in floor area in any one (1) structure;
(3) Ten (10) percent or greater change in the approved separation of buildings;
(4) Any change in the original approved setbacks from property lines;
(5) Five (5) percent or greater change in the ground area covered by the project;
(6) Five (5) percent or greater change in the number of parking spaces; or
(7) The introduction of new uses not included in the PUD approval.
Review of minor amendments. Minor amendments to a PUD shall be reviewed for
compliance and approval by the Zoning Administrator. Decisions of the Zoning
Administrator may be appealed to the City Council. The Zoning Administrator may
determine that a proposed “minor amendment” is in fact a “major amendment” and
may refer such proposed amendments to the Planning Commission and City Council
according to the procedure established in subsection (d) below.
Review of major amendments. Any major amendment to a PUD requires the applicant
to go through the same process established in Section 8.3.3. above for a new PUD,
including consideration by the Planning Commission and City Council.
Definitions and Rules of Construction
9.1 Rules of Construction
Construction generally. All words and phrases used in this UDO are used in their plain and
ordinary sense unless otherwise clearly indicated, and it is the intent of the City
Council that in interpreting and construing the various provisions of this UDO, an
attempt be made to fairly construe those provisions so as to achieve the beneficial
ends for which the provisions and the UDO itself were adopted. In so doing, the
following rules of construction are established.
General rule. Words and phrases shall be construed so far as possible in their plain,
ordinary and usual sense except that technical words and phrases having a peculiar
and recognized meaning in law shall be understood according to their technical
import.
Masculine, feminine or neutral. Unless clearly against the sense of the context, the use of
masculine, feminine or neutral gender shall include all the other genders.
Singular or plural. Unless clearly against the sense of the context, the use of either
singular or plural number shall include the other number.
Past, present or future. Unless clearly against the sense of the context, the use of either
past, present or future tense shall include the other tenses.
Joint authority. Words or phrases importing joint authority or joint action to three (3) or
more persons shall be construed as authority or action to or by a majority of such
persons.
Computation of time. The time within which an act shall be done shall be computed by
excluding the first and including the last day; provided only, that if the last day is a
Sunday or legal holiday, the following day not a Sunday or legal holiday shall be taken
as the last day.
Conjunctions. The words "or" and "and" may be read interchangeably in such places as
demanded by the context.
Other definitions. Certain sections of this UDO contain definitions of words used in said
chapters having particular applicability to such chapters. In case of any conflict
between the definitions contained in this Section and such other definitions as may be
found from time to time in this UDO, the other definitions shall prevail in the sections
where such definitions are made applicable.
9.2 Definitions and Terms of Measurement
Abutting lots or parcels Any lots or parcels which have a common boundary line.
Access Path An area designated to provide ingress and egress to public waters.
Accessory Building A building which is used in relation to an accessory use.
Accessory Dwelling Unit (ADU) A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. ADUs can be converted portions of existing homes (i.e., internal ADUs),
additions to new or existing homes (i.e., attached ADUs), or new stand-along accessory structures or
converted portions of existing stand-alone accessory structures (i.e., detached ADUs).
Accessory Eating Establishment An establishment within a multistory office building or apartment building where food is prepared,
sold, and consumed by clients who work or live within the same building or within a complex of which
the building is a part. Such establishments do not appeal through signage or other advertising to the
general public.
Accessory Use or Structure A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the
principal use or structure.
Accessory Use or Structure (Floodplain Overlay District) A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the
principal use or structure, but cannot be used for human habitation.
Adjacent Having a boundary that physically touches or adjoins.
Adult establishment Any business that devotes 25 percent or more of its inventory, stock in trade, or publicly displayed
merchandise, or devotes 25 percent or more of its floor area (not including storerooms, stock areas,
bathrooms, basements, or any portion of the business not open to the public) to, or derives 25
percent or more of its gross revenues from, items, merchandise, devices or other materials
distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing,
or relating to Specified Sexual Activities or Specified Anatomical Areas; or
Any business that engages in any adult use as defined in this Section.
Adult use Any of the following activities and businesses:
A. Adult body painting studio means an establishment or business that provides the service of
applying paint, ink, or other substance, whether transparent or nontransparent, to the body
of a patron when the person is Nude.
A. Adult bookstore means an establishment or business used for the barter, rental, or sale of
items consisting of printed matter, pictures, slides, records, audio tapes, videotapes, movies,
DVDs or motion picture films if 25 percent or more of its inventory, stock in trade, or
publicly displayed merchandise consists of, or if 25 percent or more of its floor area (not
including storerooms, stock areas, bathrooms, basements, or any portion of the business not
open to the public) is devoted to, or 25 percent or more of its gross revenues is derived
from items, merchandise, devices or materials that are distinguished or characterized by an
emphasis on material depicting, exposing, simulating, describing, or relating to Specified
Sexual Activities or Specified Anatomical Areas.
B. Adult cabaret means a business or establishment that provides dancing or other live
entertainment distinguished or characterized by an emphasis on:
(1) The depiction of nudity, Specified Sexual Activities or Specified Anatomical Areas; or
(1) The presentation, display, or depiction of matter that seeks to evoke, arouse, or excite
sexual or erotic feelings or desire.
C. Adult companionship establishment means a business or establishment that provides the
service of engaging in or listening to conversation, talk, or discussion distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Areas.
D. Adult conversation/rap parlor means a business or establishment that provides the services
of engaging in or listening to conversation, talk, or discussion distinguished or characterized
by an emphasis on Specified Sexual Activities or Specified Anatomical Areas.
E. Adult health/sport club means a health/sport club that is distinguished or characterized by
an emphasis on Specified Sexual Activities or Specified Anatomical Areas.
F. Adult hotel or motel means a hotel or motel that presents material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual
Activities or Specified Anatomical Areas.
G. Adult massage parlor/health club means a massage parlor or health club that provides
massage services distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
H. Adult minimotion picture theater means a business or establishment with a capacity of less
than 50 persons that as a prevailing practice presents on-premises viewing of movies,
motion pictures, or other material distinguished or characterized by an emphasis on
Specified Sexual Activities or Specified Anatomical Areas.
I. Adult modeling studio means a business or establishment that provides live models who,
with the intent of providing sexual stimulation or sexual gratification, engage in Specified
Sexual Activities or display Specified Anatomical Areas while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted.
J. Adult motion picture arcade means any place to which the public is permitted or invited
where coin- or slug-operated or electronically, electrically, or mechanically controlled or
operated still or motion picture machines, projectors, or other image-producing devices are
used 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.
K. Adult motion picture theater means a motion picture theater with a capacity of 50 or more
persons that as a prevailing practice presents material distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas for observation by
patrons.
L. Adult novelty business means an establishment or business that devotes 25 percent or
more of its inventory, stock in trade, or publicly displayed merchandise or devotes 25
percent or more of its floor area (not including storerooms, stock areas, bathrooms,
basements, or any portion of the business not open to the public) to, or derives 25 percent
or more portion of its gross revenues from items, merchandise, or devices that are
distinguished or characterized by an emphasis on material depicting or describing Specified
Sexual Activities or Specified Anatomical Areas, or items, merchandise or devices that
simulate Specified Sexual Activities or Specified Anatomical Areas, or are designed for sexual
stimulation.
M. Adult sauna means a sauna that excludes minors by reason of age, and that provides a steam
bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, if the
service provided by the sauna is distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas.
N. Adult steam room/bathhouse facility means a building or portion of a building used for
providing a steam bath or heat bathing room used for the purpose of pleasure, bathing,
relaxation, or reducing, if the building or portion of a building restricts minors by reason of
age and 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.
Agricultural Use A use having the meaning given under Minnesota Statutes, section 40A.02.
“[The use of land for] the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, or bees and apiary products. "Agricultural use" also includes wetlands, pasture, forest land,
wildlife land, and other uses that depend on the inherent productivity of the land.”
Alley A minor way which is used primarily for vehicular service access to the back or the side of properties
abutting on a street.
Alternative Design Subdivision design methods such as conservation design, transfer of development density, or similar
zoning and site design techniques that protect open space and natural areas.
Amusement Center (indoor) The provision of indoor entertainment or games to the general public, for a fee, including but not
limited to movie theaters, bowling alleys, skating rinks, pool halls, arcades, and related uses.
Amusement Center (outdoor) The provision of entertainment or games to the general public, for a fee, that is at least partially
outdoors. Such uses include but are not limited to miniature golf courses, merry-go-rounds, care race
tracks, carnival games, and related uses.
Animal Feedlot A facility as defined by Minnesota Rules, part 7020.0300.
“A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. For purposes of these parts, open lots used for the feeding and
rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be
considered animal feedlots under these parts.”
Antenna Support Structure Any building or other structure 75 ft. in height or taller other than a telecommunications tower which
can be used for location of telecommunications facilities.
Apartment Building A building with three or more dwelling units attached both horizontally and/or vertically.
Apartment Building, High Rise A multiple family dwelling six or more stories in height, whose upper floors are accessible by
elevators.
Apartment, Walk-up A multiple family dwelling whose upper floors are accessible only stairs.
Area Learning Center (ALC) Anon-traditional State approved alternative learning facility for students between the ages of 15 and 21 years that meet the criteria established in Minnesota Statutes, section 124D.68.
Artisan Production and Sales Application, teaching, making, or fabrication of crafts or products by an artist, artisan, or craftsperson
either by hand or with minimal automation and may include direct sales to consumers. This definition
includes uses such as small-scale fabrication, manufacturing, and other industrial uses and processes
typically not permitted in non-industrial zoning districts such as welding and sculpting.
Assisted Living Facility A combination of housing and supportive services including personalized assistance and health care,
operated by a legal licensed entity, and designed to respond to the individual needs of those living
within the facility. The emphasis of an assisted living home remains residential even with these
support services.
Automobile & truck repair and service station A facility for the general repair, rebuilding, or reconditioning of automobiles, noncommercial trucks,
and motorcycles, including the sale, installation, and servicing of related equipment and parts. Such
facilities my also include as an accessory use the sale of gasoline.
Barge Fleeting Temporarily parking and securing barges on the river, on or off channel, while tows are assembled or
broken up.
Base Flood Elevation The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance
survey.
Basement 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.
Bicycle Sharing Service in which bicycles are made available for shared use to individuals on a very short term basis.
Biological and Ecological Functions The functions of native flora and fauna in stabilizing soils and slopes, retaining and filtering runoff,
ensuring pollination, providing species-diverse habitat, and recharging groundwater.
Block Face
Bluff (MRCCA)
Bluff. A natural topographic feature having:
A. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or greater,
measured over a horizontal distance of 25 feet, as follows:
(2) Where the slope begins above the ordinary high water level, from the toe of the slope
to the top of the slope; or
(3) Where the slope begins below the ordinary high water level, from the ordinary high
water level to the top of the slope. or
B. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high
water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope
of 75 degrees or greater.
Illustration of Bluff (Shoreland), Bluff Impact Zone, Top and Toe of Bluff
Bluff (Shoreland)
2.513 Bluff. A topographic feature such as a hill, cliff, or embankment having the following
characteristics:
A. Part or all of the feature is located in a shoreland area;
B. The slope must drain toward the waterbody.
C. The slope rises at least 25 feet above the ordinary high water level;
D. The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater (see Figure 1), except that an area
with an average slope of less than 18 percent over a distance of at least 50 feet shall not be
considered part of the bluff (see Figure 2).
Illustration of Bluff (Shoreland)
Exception to Bluff (Shoreland)
Bluff Impact Zone A bluff and land located within 20 feet of the top of a bluff.
Bluff, Toe of. The lower point of a 50-foot segment with an average slope exceeding 18 percent or the ordinary
high water level, whichever is higher, and which is measured over a horizontal distance of 25 feet.
Bluff, Top of. For the purposes of measuring setbacks, the higher point of a 50-foot segment with an average slope
exceeding 18 percent measured over a horizontal distance of 25 feet.
Bluffline A line delineating the top of a bluff. More than one bluffline may be encountered proceeding
landwards from the river.
Boarding House A building within which rooms are rented and meals are provided to two or more persons not
members of the owner's or lessee's family.
Boulevard The portion of the street right of way between the curb line and the property line.
Brewpub, Micro-winery, and Micro-distillery A brewpub that manufactures less than 3,500 barrels of malt liquor each calendar year; or a micro-
winery that is operated by the owner of a Minnesota farm and produces table, sparkling, or fortified
wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or
produced in Minnesota; or a micro-distillery that manufactures less than 40,000 proof gallons in a
calendar year. Off-site sales are allowed as an accessory use.
Buffer A vegetative feature as defined by Minnesota Statutes, section 103F.48.
“An area consisting of perennial vegetation, excluding invasive plants and noxious weeds, adjacent to all bodies of water within the state and that protects the water resources of the state from runoff
pollution; stabilizes soils, shores, and banks; and protects or provides riparian corridors.”
Buildable Area The area upon which structures may be placed on a lot or parcel of land and excludes areas needed
to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands,
designated floodways, land below the ordinary high water level of public waters, and other
unbuildable areas.
Building Any structure with two or more rigid walls and a fully secured roof and affixed to a permanent site
erected for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any
kind.
Building Height The vertical distance measured from the highest adjoining ground level or 10 feet above the lowest
adjoining ground level, whichever is lower, to the highest point of the roof surface of flat roofs, the
deck line of mansard roofs, the uppermost point on a round or arched roof; or the average height
between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or
terraced building shall be the height of the tallest segment of the building.
Building Line A line parallel to a lot line or ordinary high water level at the required setback, beyond which a
structure may not extent
Business: Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited or sold, or where services are offered for compensation.
Business Service Retail or service establishments whose customers are primarily other businesses, including but not
limited to duplicating services, electronic data processing, and employment service; mailing, addressing, stenographic services; and specialty business service such as travel bureau, news service,
exporter, importer, interpreter, appraiser, film library.
Butt Lot A lot at the end of a block and located between two corner lots.
Canopy An accessory roof-like structure, either attached to or detached from a permitted building, open on all
sides, other than where attached; which is located over and designed to provide temporary cover for
entrances, exits, walkways, and approved off-street vehicle service areas (such as gasoline stations,
drive-in establishments, and loading berths).
Car Wash A facility for the washing and cleaning of automobiles and noncommercial trucks through the use of
primarily mechanical, automated equipment.
Carport An accessory roof-like structure, either attached to or detached from a permitted building, enclosed
on not more than two sides, which is designed to provide cover for approved off-street vehicle
parking or vehicle storage space.
Certificate of Compliance A document written after a compliance inspection, certifying that the development is in compliance
with applicable requirements at the time of the inspection.
City The City of Brooklyn Center, Minnesota.
Clear View Triangle: On any property which is located at a street intersection, the Clear View Triangle is defined as that
triangular area formed by connecting the following three points: the point of intersection of the
adjacent curb lines extended, and a point on each adjacent curb line 55 feet from such point of
intersection. If there are no curbs, the edge of the traveled portion of the street or road shall be used instead of the curb line. On any property which is located at an intersection of an alley with a street,
the triangular area is formed by connecting points 20 feet from Nothing may be allowed within the Clear View Triangle to materially impede vision between a height of two and one-half feet and 10 feet
above the centerline grades of the intersecting streets. However, certain objects may remain in the Clear View Triangle if, based on engineering judgment and discretion, there are other circumstances that limit or minimize risk at the intersection.
Cold Frames A device constructed partly or entirely of glass, or other transparent or translucent material, which is used to shield plants from cold weather, including ice, snow, and/or cold winds.
Co-Location The location of wireless telecommunications equipment from more than one provider on one
common tower, building or structure.
Comprehensive Plan The comprehensive plan adopted by the city council indicating the general locations recommended
for the various functional classes of public works, places and structures, and for the general physical development of the City of Brooklyn Center, and includes any unit or part of such plan separately
adopted and any amendments to such plan or parts thereof.
Clubrooms and Lodges A nonprofit membership organization that holds regular meetings, whose members pay annual dues,
that is organized for a common interest, usually cultural, civic, religious, or social, and that has formal
written membership requirements. A "club or lodge" may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage in professional entertainment for the
enjoyment of members and their guests. There are no sleeping facilities.
Co-Location The location of wireless telecommunications equipment from more than one provider on one
common tower, building or structure.
Commercial Use (Shoreland)
The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services.
Commercial Animal Establishment (formerly kennels) Any business that raises, breeds, sells, boards, distributes, or exhibits animals for either entertainment
or education purposes, including but not limited to: kennels, aquariums, pet shops, petting zoos,
riding schools or stables, zoological parks, or performing animal exhibition.
Commercial Planned Unit Development (Shoreland)
Developments that provide transient, short-term lodging spaces, rooms, or parcels and their operations are
essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and
camping parks, and other primarily service-oriented activities are commercial planned unit developments.
Commissioner (Floodplain, MRCCA, and Shoreland) The commissioner of the Department of Natural Resources.
Community Center A facility used for recreational, social, educational, and cultural activities including private nonprofit
recreational and social facilities, recreational buildings and facilities, and community centers operated
by public agencies.
Conditional Use A use having meaning under Minnesota Statutes, section 394.22 and section 463.3595.
“A specific type of structure or land use listed in the official control that may be allowed, subject to
the procedures and standards contained in Section 7.7 of this Unified Development Ordinance, but
only after an in depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as
detailed in the Unified Development Ordinance exist; and (b) The structure and/or land use conform
to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.”
Condominium Single Family Attached Dwelling Units Two or more dwelling units horizontally attached in a linear or cluster arrangement, with the
individual dwelling units separated from each other by a wall or walls extending from foundation to roof, and with each dwelling unit located upon a separate platted lot. Characteristic features of such a
development include individual ownership of dwelling units, and common (nonpublic) ownership of
open areas, site amenities, and recreation facilities. A condominium single family attached dwelling
unit development includes at least one large common area of open space for aesthetic or recreational
purposes.
Conservation Design A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the
remaining portion of the parcel is permanently protected as open space.
Controlled Access Lot A lot used to access public waters or as a recreation area for owners of nonriparian lots within the
same subdivision containing the controlled access lot.
Convenience Food Restaurant An establishment with over 40 dining seats or in a separate building, whose principal business is the
sale of foods, frozen desserts, or beverages to the customer in a ready-to-eat state for consumption
either within the premises or for carry-out with consumption either on or off the premises, and whose
design or principal method of operation includes both of the following characteristics:
1) Foods, frozen desserts, or beverages are usually served in edible containers or in paper,
plastic, or other disposable containers.
2) The customer is not served food at his/her table by an employee but receives it at a counter,
window, or similar facility for carrying to another location on or off the premises for
consumption.
3) Corner Lot
4) A lot situated at the intersection of two or more streets, which has a boundary line bordering
on two of the streets and having an interior angle of less than 135 degrees.
Critical Facilities Facilities necessary to a community’ s public health and safety, those that store or produce highly
volatile, toxic or water- reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional
facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage
facilities.
Cul-de-sac A minor street with only one outlet.
Deck A horizontal, unenclosed, above-ground, level platform without a roof, which may be attached or
unattached to a principal dwelling, including any attached railings, seats, trellises, or other features not more than 36 inches above the platform, and which platform is functionally related to a principal use. An unattached deck is considered an accessory structure in any yard, wetland, floodplain, or river
corridor critical area.
Development Any manmade change to improved or unimproved real estate, including buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment
or materials.
Development Complex A multiple building development, such as a shopping center, a planned industrial park or office
development that is controlled by a single owner or landlord.
Dock Having the meaning given under Minnesota Rules, part 6115.0170
“A narrow platform or structure extending waterward from the shoreline intended for ingress and
egress for moored watercraft or seaplanes or to provide access to deeper water for swimming, fishing,
or other water-oriented recreational activities.”
Drive-in Establishment A commercial enterprise that customarily offers goods, services or entertainment to clientele within
automobiles (example: automobile service stations, drive-in restaurants, outdoor theaters, and car washes, but not "drive-in" cleaners where the customer must leave his automobile to pick up or
deliver goods).
Drop-in Childcare Center A facility licensed by the Minnesota Department of Public Welfare to provide childcare on an irregular
basis for periods not to exceed five (5) consecutive hours in a given 24-hour period. Such centers are
intended to provide babysitting service for parents who wish to shop and/or pursue leisure activities
and do not provide regular care of children while parents travel to a place of work.
Dumpster, hard-sided A container that has a hooking mechanism that permits it to be raised and dumped into a sanitation
truck, or otherwise hauled away from a site. Hard-sided dumpsters are those constructed of some
rigid, unyielding material, such as steel or aluminum.
Dumpster, soft-sided A container that has a hooking mechanism that permits it to be raised and dumped into a sanitation
truck, or otherwise hauled away from a site. Also known as a dumpster bag, soft-sided dumpsters are those constructed of some flexible, tarp-like material which may be preferable for use in instances
where hard-sided dumpsters may not be readily dispatched due to elevation, soil instability, or another site condition.
Dwelling A building, or portion thereof, designed or used predominantly for residential occupancy of a
continued nature, including one-family dwellings, two-family dwellings, and multiple family dwellings, including earth-sheltered homes and manufactured homes; but not including hotels, motels,
commercial boarding or rooming houses, tourist homes, and recreational vehicles, such as travel trailers, camping trailers, pick-up campers, motor coaches, motor homes, and buses.
Dwelling, Attached (apartment, condominium, cooperative, townhouse, or duplex) A dwelling joined to one or more other dwellings by party wall or walls.
Dwelling, Detached A dwelling entirely surrounded by open space.
Dwelling, Live/Work An integrated housing unit and working space, occupied and used by a single household in either a single-family attached dwelling or multiple family dwelling, that has been designed or structurally
modified to accommodate joint residential occupancy and work activity, and includes:
1) Complete kitchen space and sanitary facilities; and
2) Working space reserved for and regularly used by one or more occupant of the unit.
Dwelling, Multiple Family (Apartment or Flat) A residential building or portion thereof containing three or more dwelling units.
Dwelling, One-Family A residential building containing one dwelling unit.
Dwelling, Townhouse or Garden Apartment Three or more dwelling units horizontally attached in a linear or cluster arrangements, with the separate dwelling units within the building separated from each other by a wall or walls extending from foundation to roof. Characteristic features of townhouses or garden apartments are their private
entrances and small private yards for outdoor living. A townhouse or garden apartment development
includes at least one large common area of open space for aesthetic or recreational purposes.
Dwelling, Two-Family (duplex) A residential building containing two dwelling units.
Dwelling Unit A single residential accommodation which is arranged, designed, used, or intended for use exclusively as living quarters for a family; must include complete permanently installed kitchen facilities. Where a
private garage is structurally attached, it shall be considered as part of the building in which the
dwelling unit is located.
Dwelling Unit (Shoreland)
Any structure or portion of a structure, or other shelter designed as short- or long-term living
quarters for one or more persons, including rental or timeshare accommodations such as motel,
hotel, and resort rooms and cabins.
Easement A grant by an owner of land for the specific use of said land by the public generally, or to a person or
persons.
Efficiency Units A dwelling unit with one primary room which doubles as a living room (in its ordinary sense) and a
bedroom and may, in addition, serve for other residential uses.
Electric Power Facilities Equipment and associated facilities for generating electric power or devices for converting wind
energy to electrical energy as identified and defined under Minnesota Statutes, Chapter 216E.
Enforcement The (insert name of local government or designated official) is responsible for the administration and
enforcement of this (section, chapter or article). Any violation of its provisions 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 constitutes a misdemeanor and is punishable as defined
by law. Violations of this (section, chapter or article) can occur regardless of whether or not a permit is
required for a regulated activity listed in Section 4.2.
Equal Degree of Encroachment A method of determining the location of floodway boundaries so that floodplain lands on both sides
of a stream are capable of conveying a proportionate share of flood flows
Essential Services Underground or overhead gas, electrical, communications, steam, or water distribution, collection,
supply, or disposal systems, including storm water. Essential services include poles, wires, mains,
drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures,
aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minnesota Statutes,
Section 115.01, electric power facilities or transmission services.
Establishment Any of the following definitions shall apply:
1) A distinct business entity situated in a single building.
2) A distinct business entity located in a structure attached to other similar structures by
common walls and ceilings or floors, or attached by means of an enclosed arcade.
3) A distinct business entity contained within a single structure and not separated by walls or
other physical barriers, but made distinct due to its existence as a single lease space and operation by separate entrepreneurs, or by its singularity of purpose (such as clothing sales,
furniture sales, and so on) carried on by a single or separate proprietors.
Family Any of the following definitions shall apply:
1) A person or persons related by blood, marriage or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit.
2) Group or foster care of not more than six wards or clients by an authorized person or persons,
related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and
certified by the appropriate public agency.
3) A group of persons not related by blood, marriage, or adoption maintaining a common
household in a dwelling unit.
Farm Fence Any of the legal and sufficient fences defined by Minnesota Statutes, section 344.02, Subd. 1 (a)–(d)
with all requisite measures and components prescribed, therein.
An open type fence of posts and wire is not considered to be a structure under this Unified Development Ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this Unified Development Ordinance.
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 Register of Deeds or
Registrar of Titles.
Fitness Centers (Large & small) A building, or portion of a building, designed and equipped for the purpose of exercise, physical
fitness, or related activities, and open to either members, or the public for a fee. May also include a
place that offers licensed massage, facial, or body treatments provided as an accessory use that
directly relates to an on-site primary use. Fitness Centers are not permissive of uses such as gun
ranges or the firing of projectiles.
Flood A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results
in the inundation of normally dry areas.
Flood Frequency The frequency for which it is expected that a specific flood stage or discharge may be equaled or
exceeded.
Flood Fringe The portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of
the floodway. This district also includes any additional area encompassed by the horizontal extension
of the RFPE. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance
Study for Hennepin County, Minnesota.
Flood Insurance Rate Map An official map on which the Federal Insurance Administrator has delineated both the special hazard
areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Prone Area Any land susceptible to being inundated by water from any source (see “Flood”).
Floodplain The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
Floodproofing A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction of elimination of flood damages.
Floodway The best of a wetland or lake and the channel of a watercourse and those portions of the adjoining
floodplain which are reasonably required to carry or store the regional flood discharge.
Floor Area, Gross The sum of the horizontal areas of the several floors of a building or buildings, measured from the
exterior faces of the exterior walls or from the center line of party walls separating two buildings. In particular, "gross floor areas" shall include:
1) Basement space, if at least fifty percent of its story height is above the average level of the finished grade.
2) Elevator shafts and stairwells at each floor.
3) Floor space used for mechanical equipment where the structural headroom exceeds 7-1/2 feet, except equipment, open or enclosed, located on the roof, i.e., bulk needs, water tanks,
and cooling towers
4) Attic floor space where the structural headroom exceeds 7-1/2 feet.
5) Interior balconies and mezzanines, where the structural headroom exceeds 7-1/2 feet.
6) Enclosed porches, but not terraces and breezeways.
7) Accessory uses other than floor space devoted exclusively to accessory off-street parking or
loading, but shall not include garages, open porches, and open patios.
Floor/Area Ratio The numerical value obtained through dividing the gross floor area of a building or buildings by the
total area of the lot or parcel of land on which such building is located.
Forest Land Conversion The clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand.
Fully Reconstructs (MRCCA) The reconstruction of an existing impervious surface that involves site grading and subsurface
excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered
fully reconstructed.
Garage, Private An accessory building or an accessory portion of the dwelling building intended for or used to store
private passenger vehicles of the families resident upon the premises and in which no business,
service or industry connected directly or indirectly with automotive vehicles may be carried on.
Garage – School Bus A building, or portion of a building, used for the storage of school buses (defined in M.S.A. section 169.01, Subd. 6), or where any such vehicles are kept for remuneration or hire, excluding major repair
of such vehicles.
Gas Station The portion of a property used for the retail sale of automobile fuels, oils, and accessories. Such an
establishment may offer the retail sale of other convenience items, automobile car wash, or auto
repair and services as a secondary use.
General Indoor Retail Sales, Large An establishment selling general retail goods that has a gross floor area greater than 10,000 sq. ft. for
all uses. This use does not include the sales of light or heavy motor vehicles or any other goods listed
as a separate use in the Allowed Use Table.
General Indoor Retail Sales, Small An establishment selling general retail goods that has a gross floor area of 10,000 sq. ft. or less for all
uses. This use does not include the sales of light or heavy motor vehicles or any other goods listed as
a separate use in the Allowed Use Table.
Green Strip An area containing only vegetation such as grass, trees, flowers, hedges, and other related
landscaping materials, and maintained expressly for such purpose.
Group Day Care Center (Drop In Child Care + Group Daycare) A facility operated by a legal licensed entity for the purpose of providing care, protection, and
guidance to 6 or more individuals during a portion of 24-hour day. Day care centers may include child
or adult care, but are not public or private educational facilities nor offer care for a full 24-hour
period. Such facilities may be an accessory use in places of religious assembly.
Guest cottage (Shoreland) An accessory structure used as a dwelling unit that may contain sleeping spaces and kitchen and
bathroom facilities in addition to those provided in the primary dwelling unit on a lot.
Hard Surface Ground covered with brick, concrete, asphalt, iron ore, cobble-stones, blacktop, or other asphaltic or
rubber mixture which creates a firm, smooth, and level surface.
Hard-Surface Trail A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as
determined by local, regional, or state agency plans.
Height of Structure The vertical distance between the highest adjoining ground level at the building or ten feet above the
lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average
height of the highest gable of a pitched or hipped roof.
Historic Property An archaeological site, standing structure, site, district, or other property that is:
1) Listed in the National Register of Historic Places or the State Register of Historic Places or
locally designated as a historic site under Minnesota Statutes, Chapter 471;
2) Determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the Director of the Minnesota Historical
Society; or
3) An unplatted cemetery that falls under the provisions of Minnesota Statutes, Chapter 307, in
consultation with the Office of the State Archaeologist.
Home Occupation, Allowable Subject to the further limitations of Section 4.4.2 (d) of the UDO, a home occupation is any gainful
occupation or profession, carried on within a dwelling unit, by a family member residing within a
dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and
the lot upon which it is constructed, including, dressmaking, secretarial services, professional services,
answering services, individual music or art instruction, individual hobby crafts, and day care and
similar activities.
Home Occupation, Conditional Subject to the further limitations of Section 4.4.2 (d) hereof, and subject to approval by the City
Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member
residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the
dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without
limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw
sharpening, motor driven appliances and small engine repair, and similar activities.
Hospital An institution licensed by the state Department of Health primarily engaged in providing, by or under
the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical
diagnosis, treatment, and care of injured, disabled or sick persons, or B) rehabilitation services for the
rehabilitation of injured, disabled, or sick persons.
Hotel A building which provides a common entrance, lobby, and stairways, and in which lodging is
commonly offered with or without meals for periods of less than a month.
Hotel, Extended Stay A building which provides a common entrance, lobby, and stairways, and in which lodging is
commonly offered with or without meals. Guests stay at an extended stay hotel for periods of more than a month. The hotel rooms offer amenities such as self-serve laundry and in-suite kitchens
consistent with long term accommodations.
Hot tub A hydromassage pool, or tub for recreational or therapeutic use, not located in health care facilities, designed for immersion of users, and usually having a filter, heater, and motor-driven blower.
Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and
driveways, including those with concrete, asphalt, or gravel surfaces.
Indoor Recreation A facility for indoor participation or observation of sports, games, fitness, arts, or culture activities that
do not meet the definition for another use in this Unified Development Ordinance. This use includes but is not limited to health clubs, bowling, skating, swimming, tennis, teen clubs, health and fitness centers, gyms, escape rooms, haunted houses, stadiums, and similar indoor activities. Accessory uses
include the sales of food, beverages, and items related to or required for participation in the recreational activity.
Individual Establishment A distinct business entity situated in a single building.
Industry An enterprise that involves the production, assembly, processing, warehousing, or transfer of materials, goods or products.
Intensive Vegetation Clearing The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block.
Interim Use A temporary use of property until a specified date, until the occurrence of a specified event, or until zoning regulations no longer permit it.
Land Alteration An activity that exposes the soil or changes the topography, drainage, or cross section of the land,
excluding gardening or similar minor soil disturbances.
Laundry and Dry Cleaning Drop-Off and Pick-Up An establishment where laundry or dry cleaning is dropped off by customers or picked up by
customers but not including any on-site cleaning or dry-cleaning activities.
Loading Space A space accessible from a street, alley, or way in a building or a lot for the use of motor vehicles while
loading or unloading merchandise or materials.
Local Government Counties, cities, and townships.
Local Park Agencies The Minneapolis Park and Recreation Board and the Three Rivers Park District.
Lot A lot is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or
portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the
purpose of sale or lease or separate use thereof.
Lot Area The area of a horizontal plane bounded by the front, side and rear lot lines.
Lot, Corner A lot at the junction of and abutting on two or more intersecting streets.
Lot, Depth The mean horizontal distance between the front lot line and the rear lot line of a lot measured within
the lot boundaries.
Lot, Interior A lot other than a corner lot.
Lot Line A property boundary line of any lot held in a single or separate ownership.
Lot Line, Front That boundary of a lot which is along an existing or dedicated
street. In the case of corner lots, the zoning administrator shall
determine, but only for the purpose of this Unified Development
Ordinance, which lot line or lines shall be considered front lot lines;
such determination shall not be construed as stating in which
direction buildings shall face. In general, the narrower of the lines
abutting streets shall be the front line for the above stated purpose.
Lot Line, Rear The boundary of a lot line which is most distant from and is
approximately parallel to the front lot line.
Lot Line, Side Any boundary of a lot which is not a front or rear lot line.
Lot Width The horizontal distance between the side lot lines of a lot measured at the front yard setback line.
Within the MRCCA overlay, lot width is considered to be the shortest distance between lot lines measured at both the ordinary high-water level and at the required structure setback from the
ordinary high water level.
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; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.
Manufactured Home 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.”
Manufacturing assembly and processing of products Any manufacturing or industrial production that forms, shapes, combines, or alters materials. This process of this production cannot produce objectionable noise, fumes, vibration, waste, or radiation.
Marina Having the meaning given under Minnesota Rules, part 6115.0170.
Either an inland or offshore commercial mooring facility for the concentrated mooring of seven or
more watercraft or seaplanes wherein commercial ancillary services common to marinas are provided.
Massage Rubbing, stroking, kneading, tapping or rolling of the body of another with the hands for the
exclusive purpose of physical fitness, relaxation, beautification and for no other purpose.
Marginal Access Street A minor street which is parallel and adjacent to a thoroughfare and which provides access to abutting
properties and protection from through traffic.
Medical and health uses Uses concerned with the diagnosis, treatment, and care of humans. Such uses include hospitals,
dental services, medical clinics, aesthetician services, nursing, medical tattooing, laser treatments, and
similarly oriented uses.
Meeting, Banquet, Event, or Conference Facility A facility available on a rental basis to the general public, with or without food preparation
equipment, used for meetings, conferences, receptions, fellowship, catered meals, and other social
functions.
Minimum Subdivision Design Standards The guides, principles and specifications for the preparation of subdivision plans indicating among
other things the minimum and maximum dimensions of the various elements set forth in the
preliminary plan.
Mississippi River Corridor Critical Area (MRCCA) The area within the River Corridor Boundary (See Section 3.2.3).
Mississippi River Corridor Critical Area (MRCCA) Plan A chapter or other element in the Brooklyn Center Comprehensive Plan.
Mooring Facility Having the meaning given under Minnesota Rules, part 6115.0170.
“A concentrated area intended solely for the mooring or containment of seven or more watercraft or
seaplanes by docks, mooring buoys, or other means.”
Motel A hotel in which rooms are directly accessible to an outdoor automobile parking area.
Multi-Establishment A distinct business entity located in a structure attached to other similar structures by common walls
and ceilings or floors, or attached by means of an enclosed arcade; or a distinct business entity
contained within a single structure and not separated by walls or other physical barriers, but made
distinct due to its existence as a single lease space and operation by separate entrepreneurs or by its
singularity of purpose (such as clothing sales, furniture sales and so on) carried on by a single or
separate proprietors.
Native Plant Community A plant community that has been identified as part of the Minnesota Biological Survey or biological
survey issued or adopted by a local, state, or federal agency.
Natural-Surface Trail A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking,
equestrian, or mountain bike use, as determined by local, regional, or state agency plans.
Natural Vegetation Any combination of ground cover, understory, and tree canopy that, while it may have been altered
by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge
groundwater.
New Construction Structures, including additions and improvements, and placement of manufactured homes, for which
the start of construction commenced on or after the effective date of this Unified Development
Ordinance.
Nonconformity Having the meaning given under Minnesota Statutes, Section 394.22.
“Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in
effect prior to the date it was established, recorded or authorized.”
Nursing Care Home A facility which provides for the accommodation of persons who are not acutely ill and not in need of
hospital care, but who do require nursing care and related medical services. Examples of nursing care
include: bedside care and rehabilitative nursing techniques, administration of medicines, a modified diet regime, irrigations and catheterization, application of dressings or bandages and other
treatments prescribed by a physician. In addition, the social, religious, education and recreational
needs of these patients may be fulfilled. Nursing care homes shall, where required by state law, or
regulation, or by municipal ordinance, be licensed by the appropriate state or municipal authority.
Nude or Specified Anatomical Areas Less than completely and opaquely covered human genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
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 floodplain 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.
Office An enclosed building in which executive, management, administrative, government, or professional services are provided. This use includes but is not limited to corporate offices, government offices, law
offices, banks, architectural firms, medical offices, insurance companies, other executive, management or administrative offices for businesses and corporations, and the administration of local, state, or federal government services or functions.
One Hundred Year Floodplain Lands inundated by the “Regional Flood” see definition below.
Ordinary High Water Level (OHWL) The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape,
commonly that point where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of
the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating
elevation of the normal summer pool.
Outlot A parcel of land included in a plat which is smaller than the minimum size permitted and which is
thereby declared unbuildable until combined with additional land; or a parcel of land which is
included in a plat and which is more than double the minimum size and which is thereby subject to
future subdivision; or a parcel of land designated as a private roadway in a townhouse development
plat.
Overlay District A zoning district that is applied over one or more previously established zoning districts, establishing
additional or stricter standards and criteria for covered properties in addition to those of the
underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain.
Owner Any 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 same under this Unified Development Ordinance.
Parcel Having the meaning given under Minnesota Statutes, Section 116G.03.
“Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or
developed as a unit, or which has been used or developed as a unit.”
Parking, Accessory Off-Site A legal arrangement in which parking spaces, located on property other than that of the principal use,
are encumbered solely for use by the off-site principal use. Such spaces may be credited to the
Unified Development Ordinance parking requirements of the principal use by a conditional use permit
if the requirements of Section 5.5.6 are met.
Parking, Joint An easement agreement over certain property which gives a use located on a nearby or adjacent
property the right to make use of parking stalls within the easement area. Such agreements are for
the convenience of the respective uses which share the same parking stalls at different times and
cannot be used to meet the Unified Development Ordinance parking requirements for the off-site
use.
Patio A constructed hard surface located at ground level not having any roof, railings, or walls.
Pedestrian Way The right of way across or within a block, for use by pedestrian traffic whether designated as a
pedestrian way, crosswalk or however otherwise designated.
Person An individual, firm partnership, association, corporation or joint venture or organization of any kind.
Personal Service Establishments providing individual-oriented, nonmedical related services, such as dry cleaning,
laundering and dyeing, beauty and barber shops, shoe repair, and related uses. These uses may also
include accessory retail sales of products related to the services provided.
Picnic Shelter A roofed structure open on all sides, accessory to a recreational use.
Planned Unit Development A method of land development that merges zoning and subdivision controls, allowing developers to
plan and develop a large area as a single entity, characterized by a unified site design, a mix of
structure types and land uses, and phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of
development. These developments may be organized and operated as condominiums, time-share
condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these,
or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings,
dwelling grounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and
land uses to these uses.
Plat Having the meaning given under Minnesota Statutes, Chapter 505.
A delineation of one or more existing parcels of land drawn to scale showing all data as required by this chapter, depicting the location and boundaries of lots, blocks, outlots, parks, and public ways.”
Plat, Common Interest Community (CIC) Having the meaning given under Minnesota Statues, section 515B.2.
A plat required for condominiums and planned communities, and cooperatives in which the unit
owner’s interests are characterized as real estate.
Porch, Enclosed A horizontal roofed platform attached to an entrance of a dwelling, with an integrated wall system
consisting of roof support members such as pillars, posts or columns, and which is fully enclosed by
walls, screens, windows, or removable storm-windows that cannot be accessed from the outside
except through a door that is capable of being locked.
Porch, Unenclosed A horizontal roofed platform attached to an entrance of a dwelling, with a roof support system
consisting of pillars, posts or columns, which may or may not have railings or knee-wall railings no
higher than 36-inches from the platform level, and which does not include walls, screens, windows, or
doors.
Port A water transportation complex established and operated under the jurisdiction of a port authority
according to Minnesota Statutes, section 458.
Preliminary Plan 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 Conservation Areas Key resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands,
gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock,
native plant communities, cultural and historic properties, and significant existing vegetative stands,
tree canopies, and other resources identified in local government plans.
Principal Use or Structure All uses or structures that are not accessory uses or structures.
Private Facilities Private roads, driveways, and parking areas, private water access and viewing facilities, decks and
patios in setback areas, and private signs.
Professional Engineer An engineer licensed to practice in Minnesota.
Program, Nonresidential Having the meaning given it in Minnesota Statues 245A.02, Subd. 10.
Program, Residential Having the meaning given it in Minnesota Statutes 245A.02, Subd. 14.
Proof Gallon One liquid gallon of distilled spirits that is 50 percent alcohol at 60 degrees Fahrenheit.
Protective Covenants Contracts entered into between private parties and constitute a restriction on the use of all private
property within a subdivision for the benefit of the property owners and for providing mutual
protection against undesirable aspects of development which would tend to impair stability of values.
Public Facilities Public utilities, public transportation facilities, and public recreational facilities.
Public Recreation Facilities Recreational facilities provided by the state or a local government and dedicated to public use,
including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters,
water access ramps, and other similar water-oriented public facilities used for recreation.
Public River Corridor Views Views toward the river from public parkland, historic properties, and public overlooks, as well as views
toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer
months and documented in the MRCCA plan/chapter of the comprehensive plan.
Public Transportation Facilities All transportation facilities provided by federal, state, or local government and dedicated to public
use, such as roadways, transit facilities, railroads, and bikeways.
Public Transportation Terminal A point of assembly or disassembly of people arriving or departing by means of public transportation.
Public Uses Uses, facilities and properties owned or operated by a school district, a municipality, county, state, or
other governmental units, and any religious institutions such as churches, chapels, temples,
synagogues and mosques.
Public Utilities Electric power facilities, essential services, and transmission services.
Public Waters Having the meaning given under Minnesota Statutes, section 103G.005.
1) water basins assigned a shoreland management classification by the commissioner under
sections 103F.201 to 103F.221;
2) waters of the state that have been finally determined to be public waters or navigable
waters by a court of competent jurisdiction;
3) meandered lakes, excluding lakes that have been legally drained;
4) water basins previously designated by the commissioner for management for a specific purpose such as trout lakes and game lakes pursuant to applicable laws;
5) water basins designated as scientific and natural areas under section 84.033;
6) water basins located within and totally surrounded by publicly owned lands;
7) water basins where the state of Minnesota or the federal government holds title to any of the beds or shores, unless the owner declares that the water is not necessary for the
purposes of the public ownership;
8) water basins where there is a publicly owned and controlled access that is intended to provide for public access to the water basin;
9) natural and altered watercourses with a total drainage area greater than two square miles;
10) natural and altered watercourses designated by the commissioner as trout streams; and
11) public waters wetlands, unless the statute expressly states otherwise.
Public waters are not determined exclusively by the proprietorship of the underlying, overlying, or surrounding land or by whether it is a body or stream of water that was navigable in fact or
susceptible of being used as a highway for commerce at the time this state was admitted to the union.
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.
Readily Visible Land and development that are easily seen from the ordinary high water level of the opposite shore
during summer months.
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 Unified Development
Ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.”
Regional Flood A flood which 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 the1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
Regulatory Flood Protection Elevation (RFPE) An elevation not less than one foot above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the floodplain that result from designation of a
floodway.
Repetitive Loss Flood related damages sustained by a structure on two separate occasions during a ten year period
for which the cost of repairs at the time of each such flood event on the average equals or exceeds
25% of the market value of the structure before the damage occurred.
Residential Planned Unit Development (Shoreland) A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks,
time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit
development, a development must contain at least five dwelling units or sites.
Resource Agency A federal, state, regional, or local agency that engages in environmental, natural, or cultural resource
protection or restoration activities, including planning, implementation, and monitoring.
Retail Sale A transfer of title or possession of personal property to a purchaser for a price.
Retaining Wall A vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone
regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials.
Right-of-way That property within the boundary of a street or highway easement, or that property owned by a
governmental body for roadway purposes; generally the right-of-way extends beyond the actual surfaced portion of the roadway. The street right-of-way line is coincident with the property line of
the abutting property, and is the line generally used in calculating setbacks.
River Corridor Boundary The boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section
116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as
legally described in the State Register, volume 43, pages 508 to 518.
River-Dependent Use The use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on
shoreline facilities.
Rock Riprap Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings
and other shoreline structures against scour, or water or ice erosion.
Roof Line That line at which an exterior wall surface of a building structure departs from a vertical plane.
Rummage Sale The infrequent temporary display and sale, by an occupant on his or her premises, of personal property, including general household rummage, used clothing and appliances, provided: the
exchange or sale of merchandise is conducted within the residence or accessory structure; the number
of sales does not exceed four per year; the duration of the sale does not exceed three consecutive
days; any related signage shall conform with the sign Unified Development Ordinance provisions; and
the conduct of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of
Brooklyn Center.
Satellite Receive-Only Antenna (SROA) A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the
shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to receive radio or
electromagnetic waves. This definition is meant to include but not be limited to what are commonly
referred to as satellite earth-based or terrestrial stations, television reception only (TVRO) satellite dish antennas, and satellite microwave antennas.
Sauna Steam bath, hot water bath, or heat bathing by use of heat lamps, and any such room or facility
specially constructed therefor, used for the purposes of bathing, relaxing or reducing utilizing steam, hot air, hot water, or heat lamps as a cleaning, relaxing, or reducing agent.
Selective Vegetation Removal The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover.
Service Station (Gas of Filling Station) Any building or premises used for dispensing, sale or offering for sale at retail any automotive fuels or
oils, and where battery, tire, and other similar services may be rendered. When such dispensing, sale or offering for sale of any fuels or oils is incidental to the conduct of a public repair garage, the
premises shall be classified as a public repair garage.
Setback The minimum horizontal distance from a building, hedge, fence, wall or structure to the street or lot
line. The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any appendage to the structure shall project to a point more than one-third the
distance of the minimum side yard setback.
Semipublic Use (Shoreland) The use of land by a private, nonprofit organization to provide a public service that is ordinarily open
to some persons outside the regular constituency of the organization
Sewer System (Shoreland) Pipelines or conduits, pumping stations, and force main, and all other construction, devices,
appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a
point of ultimate disposal.
.
Shore Impact Zone Land located between the ordinary high water level of a public water and a line parallel to it at a
setback of 50 percent of the required structure setback or, for agricultural use, 50 feet landward of the
ordinary high water level.
Shoreland Land located within the following distances from public waters:
1) 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and
2) 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater.
Shore Recreation Facilities Swimming areas, docks, watercraft mooring areas and launching ramps and other water recreation
facilities.
Shoreline Facilities Facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and
unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons,
and water access ramps. Structures that would be enhanced by a shoreline location, but do not
require a location adjoining public waters as part of their function, are not shoreline facilities, such as
restaurants, bait shops, and boat dealerships.
Sign Any publicly displayed message-bearing device for visual communication or any attention attracting
device, including any illumination device, that is used for the purpose of bringing the subject thereof to the attention of the public including, but not limited to, any mural, writing, pictorial presentation,
number, illustration, illumination, placard, logo, trademark, emblem, decoration, flag, banner, pennant,
symbol, valance or similar display.
Sign, Campaign A temporary sign promoting the candidacy of a person running for a governmental office or
promoting a position on an issue to be voted on at a governmental election.
Sign, Canopy A roof-like cover that either projects from a building over a door, entrance or window, or a
freestanding or projecting roof-like cover above an outdoor service area, such as at a gasoline service
station.
Sign, Dynamic Message (DMS) A dynamic messages sign also known as a changeable messages sign, variable messages sign or other
similar name, is an electrical or electromechanical sign on which a message may be placed that can be
changed remotely or on site through hard wire or wireless communications.
Sign, Flashing Any illuminated sign on which the artificial light or color is not maintained at a constant intensity or
color when such sign is in use including signs incorporating zooming, twinkling, sparkling, fading or
chasing actions. A Dynamic Message Sign or that portion of a sign providing public service information such as time, weather, date, temperature or similar information shall not be considered to
be a flashing sign.
Sign, Freestanding A sign that is not affixed to any part of any building and instead is supported by upright braces or
posts placed in the ground.
Sign, Illuminated Any sign upon which artificial light is directed or which has an interior light source.
Sign, Mural A design or representation painted on the exterior surface of a structure that does not advertise a
business, product, service or activity and may exceed the size or coverage limits applicable to that site.
Sign, Off-Premise Advertising A sign that directs attention to a business, commodity, service or entertainment not exclusively
related to the premises on which the sign is located or to which it is affixed
Sign, Portable A sign so designed as to be movable from one location to another and not permanently attached to the ground or to any immobile structure. A portable sign may consist of a mobile structure such as a
semi-truck trailer or other device whose primary function during a specific time period is to serve as a sign.
Sign, Projecting A sign that is affixed to the wall of a building and extends outward from the building wall.
Sign, Roof A sign erected or attached in whole or in part upon the roof of a building or a non-freestanding sign
that projects above the roof line of a respective building.
Sign, Rotating A sign or portion of a sign that turns on an axis.
Sign, Structure The supports, uprights, bracing and framework for a sign including the sign surface itself. In the case
of a wall sign, the sign surface constitutes the sign structure. In the case of a sign structure consisting
of two or more sides, where the interior angle formed between any of the sides exceeds 15 degrees
each side shall be considered a separate sign structure.
Sign, Temporary Any sign or other advertising device or display constructed of fabric, canvas, cardboard, wall board,
plywood, or other light temporary material, with or without structural frame, intended for a temporary
display for a limited period of time. Examples of temporary signs include real estate "for sale," "for
rent", and "open house" signs, garage sale signs, signs identifying the architect, engineer or
contractor for work currently under construction, signs advertising a temporary event or commercial
opportunity and signs that express noncommercial messages.
Sign, Wall A sign that is affixed upon and parallel to the wall of a building.
Significant Historic Site Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is
determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section
307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the Director
of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites.
Solar Collector, Building-Mounted A system of panels, wiring, and related equipment used to transform direct solar energy into thermal,
chemical, or electrical energy that is mounted to a building.
Solar Collector, Ground-Mounted A system of panels, wiring, and related equipment used to transform direct solar energy into thermal,
chemical, or electrical energy that is mounted to the ground.
Special Flood Hazard Area A term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.”
Special Purpose Units of Government The University of Minnesota, the St. Paul Port Authority, watershed management organizations
established under Minnesota Statutes, chapter 103B, watershed districts established under Minnesota Statutes, chapter 103D, and any other unit of government other than local government or a state or
regional agency.
Specified Sexual Activities The following whether actual or simulated:
E. Sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual
relationship, the use of excretory functions in the context of a sexual relationship, anilingus,
coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedophilia, piquerism, or
zooerastia;
F. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
G. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
H. Fondling or touching of Nude human genitals, pubic regions, buttocks, or female breasts;
I. Situations involving persons, any of whom are Nude, who are clad in undergarments or in
sexually revealing costumes and engaged in the flagellation, torture, fettering, binding, or
other physical restraint of any person;
J. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a
human being; or
K. Human excretion, urination, menstruation, or vaginal or anal irrigation.
Start of Construction Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration
date. The actual start is either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
State or Regional Agency The Metropolitan Airports Commission, Minnesota Historical Society, University of Minnesota,
Department of Natural Resources, Department of Transportation, Metropolitan Council and other state agencies.
Stealth Any telecommunications tower or telecommunications facility which is designed to blend into the surrounding environment.
Steep Slope A natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal
distance equal to or greater than 50 feet, and any slopes greater than 18 percent that are not bluffs.
Storm Water Management Facilities Facilities for the collection, conveyance, treatment, or disposal of storm water.
Story Each of the stages, separated by floors, one above another, of which a building consists
Street A public right-of-way for roadway purposes. Streets may be classified as one of the following:
1) Collector Street - A street which carries traffic from minor streets to thoroughfares. It includes the principal entrance streets of a residential development and streets for circulation within
such development.
2) Local Street - A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood.
3) Marginal Access Street - A local street which is parallel and adjacent to a thoroughfare and
which provides access to abutting properties and protection from through traffic.
4) Minor Arterial - a fast or heavy traffic street of considerable continuity and used primarily as a
traffic artery for intercommunication among large areas.
Street Line The common boundary of the street right-of-way and abutting property.
Street Width The shortest distance between the lines delineating the right of way of a street.
String Lighting Strings of lights suspended between poles by cables or similar devices generally consisting of a
number of bare, incandescent bulbs, but also including those with separate shields suspended from
the individual light fixtures.
Structure Anything constructed or erected on the ground or attached to the ground or on-site utilities,
including, but not limited to, buildings, signs, or appurtenance thereto, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria
specified in Section 5.2.4 of this Unified Development Ordinance and other similar items.
Structural Alterations Any change, other than incidental repairs, in the supporting members of a building or structure, such
as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or
exterior walls.
Subdivider Any person commencing proceedings under this Unified Development Ordinance to effect a
subdivision of land hereunder for himself or for another.
Subdivision Having the meaning given under Minnesota Statutes, Section 462.352.
“The separation of an area, parcel, or tract of land under single ownership into two or more parcels,
tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates
the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any
combination thereof, except those separations:
1) 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) creating cemetery lots;
3) resulting from court orders, or the adjustment of a lot line by the relocation of a common
boundary.”
Substantial Damage Means damage of any origin sustained by a structure where the cost of restoring the structure to it’s
before damaged condition would equal or exceed fifty percent (50%) of the market value of the
structure before the damage occurred.
Substantial Improvement Within any consecutive 365-day period, any reconstruction, rehabilitation ( including normal
maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost
of which equals or exceeds fifty percent ( 50%) 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:
1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions.
2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’ s continued designation as a “historic structure.” For the purpose of this Unified
Development Ordinance, “historic structure” is as defined in 44 Code of Federal
Regulations, Part 59.1.
Subsurface Sewage Treatment System Having the meaning given under Minnesota Rules, part 7080.1100.
Either an individual sewage treatment system that employs sewage tanks or other treatment devices with final discharge into the soil below the natural soil elevation or elevated final grade that are
designed to receive a sewage design flow of 5,000 gallons per day; or a midsized subsurface sewage
treatment system of a similar configuration but is designed to receive sewage design flow of greater
than 5,000 gallons per day to 10,000 gallons per day.
Suitability Analysis An evaluation of land to determine if it is appropriate for the proposed use. The analysis considers
factors relevant to the proposed use and may include the following features: susceptibility to flooding;
existence of wetlands; soils, erosion potential; slope steepness; water supply, sewage treatment
capabilities; water depth, depth to groundwater and bedrock, vegetation, near-shore aquatic
conditions unsuitable for water-based recreation; fish and wildlife habitat; presence of significant
historic sites; or any other relevant feature of the natural land.
Swimming Pool, In-ground A swimming pool constructed or installed primarily below the grade of the surrounding yard, no part
of which (except diving boards, slides, and ladder rails) is more than twelve (12) inches above grade.
Swimming Pool, Aboveground A swimming pool constructed or installed primarily above the grade of the surrounding yard, any part
of which (except diving boards, slides, and ladder rails) is more than twelve (12) inches above grade.
Temporary Seasonal Swimming Pool A swimming pool that is removed and not in use before May 1 and after September 30.
Telecommunications Facilities Cables, wires, lines, wave guides, antennae and other equipment or facility associated with the
transmission or reception of communications which a person seeks to locate or install upon or near a
tower or antenna support structure. The term Telecommunications Facilities shall not include:
1) Any Satellite receive-only antenna (SROA) two meters in diameter or less which is located
in an area zoned industrial or commercial;
2) Any Satellite receive-only antenna (SROA) one meter or less in diameter, regardless of
zoning category;
3) Amateur radio operators equipment as licensed by the Federal Communications
Commission (FCC)
Telecommunications Tower A self-supporting guyed or monopole structure constructed from grade which supports
telecommunications facilities. This term shall not include amateur radio operator equipment, as
licensed by the FCC or lattice designed towers.
Temporary Use Temporary uses are uses of a temporary or seasonal nature that are accessory or related to the
primary use.
Thoroughfare, Major For the purpose of this Unified Development Ordinance, major thoroughfares include all state, county,
and federal highways (including interstate freeways), and the following municipal streets:
1) Xerxes Avenue North from T.H. 100 to 59th Avenue North and from F.A.I. 94 to Shingle
Creek Parkway.
2) Shingle Creek Parkway from C.T.H. 10 to 69th Avenue North.
3) France Avenue North from T.H. 100 to 50th Avenue North.
4) Humboldt Avenue North from F.A.I. 94 to 70th Avenue North.
5) Freeway Boulevard from Xerxes Avenue North to Humboldt Avenue North.
6) 69th Avenue North from Shingle Creek Parkway to Brooklyn Boulevard.
Transient Lodging A multiple living accommodation such as a hotel or motel in which lodging is commonly offered for
periods of less than a week but which may include one dwelling unit for a live-in resident manager.
Transmission Services Electric power lines, cables, pipelines, or conduits that are:
1) used to transport power between two points, as identified and defined under Minnesota Statutes, Section 216E.01, Subd. 4; or
For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids,
or solids in suspension between two points; and
Telecommunication lines, cables, pipelines, or conduits.
Treeline The more or less continuous line formed by the tops of trees in a wooded area when viewed from a
particular point. The treeline is determined during all seasons as if under full foliage.
Twin Cities Metropolitan Area The area over which the Metropolitan Council has jurisdiction according to Minnesota Statutes,
Section 473.121 Subd. 2.
Underlying Zoning Uses and standards of underlying zoning districts apply except where standards of this overlay district
are more restrictive.
Unlisted Temporary Use A temporary use not listed as a temporary use in Section 4.2 Allowed Uses Table.
Urban Agriculture The use of a parcel of land not exceeding five acres in size for the cultivation of food and/or
horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics. This use may include
the production or sale of food products from food grown on the premises and accessory keeping of
bees subject to City regulations but does not include cultivation of marijuana.
Use The purpose or activity for which the land or building is designated, arranged or intended, or for
which it is occupied or maintained.
Used Car Lot Any land used or occupied for the purpose of buying and selling secondhand passenger cars and/or
trucks.
Variance Means a modification of a specific permitted development standard required in an official control,
including this Unified Development Ordinance, to allow an alternative development standard not
stated as acceptable in the official control, but only as applied to a particular property for the purpose
of alleviating a practical difficulty as defined in Section 7.10 of this UDO..
Vehicle Class Means the vehicle class as defined by the Minnesota Department of Transportation’s vehicle
classification scheme.
Vending Machine Any self-service device which, upon insertion of a coin, coins or tokens, or by other similar means,
dispenses unit servings of food or other goods, either in bulk or in packages without the necessity of
replenishing the device between each vending operation.
Wall Supporting the Sign The aggregate surface area of the wall where the sign is mounted, measured from the ground floor
grade to the top floor grade, but not including wall area occupied by windows or doors
Water Access Ramp A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows
launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer.
Water-Dependent Use The use of land for commercial, industrial, public or semi-public purposes, where access to and use of
a public water is an integral part of the normal conduct of operation. Marinas, resorts, and restaurants
with transient docking facilities are examples of commercial uses typically found in shoreland areas.
Water-Oriented Accessory Structure or Facility A small, above ground building or other improvement, except stairways, fences, docks, and retaining
walls, which, because of the relationship of its use to surface water, reasonably needs to be located
closer to public waters than the normal structure setback. Examples of such structures and facilities
include, watercraft and watercraft equipment storage structures, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks. Boathouses and boat storage structures given the
meaning under Minnesota Statutes, section 103G.245 are not a water-oriented accessory structures.
Water Quality Impact Zone Land within the shore impact zone or within 50 feet of the OHWL of the Mississippi River, whichever is
greater, AND land within 50 feet of a public water, wetland, or natural drainage way, whichever is
greater.
Wetlands Having the meaning given under Minnesota Statutes, section 103G.005.
“Lands transitional between terrestrial and aquatic systems where the water table is usually at or near
the surface or the land is covered by shallow water.”
Wharf Having the meaning given under Minnesota Rules, part 6115.0170.
“A permanent structure constructed into navigable waters as a part of a port facility for berthing or mooring commercial watercraft, or for transferring cargo to and from watercraft in an industrial or
commercial enterprise, or for loading or unloading passengers from commercial watercraft, or for the
operation or a port facility.”
Wind Energy System, Small Building-Mounted A small wind energy conversion system mounted to a building that has a rated capacity of 100 KW or
less. The small wind system shall be used to support the energy needs of the principal use on the site.
Wind Energy System, Small Ground-Mounted A small wind energy conversion system mounted to the ground that has a rated capacity of 100 KW
or less. The small wind system shall be used to support the energy needs of the principal use on the
site.
Yard An open space which is unoccupied and unobstructed, except as otherwise permitted by this Unified
Development Ordinance. A yard extends along a lot line and at right angles to such lot line to a depth
or width specified in the yard regulations for the district in which such lot is located.
Yard, Front A yard extending along the full width of the front lot line between the side lot lines. Notwithstanding
provisions to the contrary, on corner lots, the front yard shall generally be the full width of the yard which the front of the house faces, lying between the side lot line and the opposite lot line abutting a
public street.
Yard, Rear A yard extending along the full width of the rear lot line between the two side lot lines.
Yard, Side A yard extending along the side lot line between the front and rear lot lines.
Zoning Administrator The employee or agent appointed by the city manager charged with administering and enforcing this
UDO, so authorized to perform the duties described in Section 7.1.
Draft Zoning Districts
Brooklyn Center, Minnesota September 2021
0 2,600
Feet Sources: City of Brooklyn Center, Hennepin County, MetCouncil, MnDOT !I
Legend
R1
R2
R3
R4
R5
MX-N1
MX-N2
MX-B
I
MX-C
C
TOD
O
PUD/C1
PUD/C2
PUD/I1
PUD/R1
PUD/R3
PUDMIXED
Exhibit A
Zoning Change Areas
Brooklyn Center, Minnesota October 2022
0 2,600
Feet Sources: City of Brooklyn Center, Hennepin County, MetCouncil, MnDOT !I
Legend
R1
R2
R3
R4
R5
MX-N1
MX-N2
MX-B
I
MX-C
C
TOD
O
PUD/C1
PUD/C2
PUD/I1
PUD/R1
PUD/R3
PUDMIXED
Exhibit B