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CHAPTER 60 - INTRODUCTORY PROVISIONS

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60.420 DESIGN MODIFICATIONS

It is the intent of this ordinance to recognize that in certain instances it may be in the public interest to provide an expedient method to modify the site design and public facility standards of this ordinance as applied to certain types of development.

60.421

Purpose:  The purpose of the design modification is to permit relief from the strict application of ordinance standards where there is no defined hardship, the proposed modifications will not result in identifiable loss of protection to adjacent properties, or where the proposed development results in an improved design solution to a site design problem and in doing so, still meets the intent of the site design or public facility standards.  Guidelines are provided for the approval authority to assess the impact of the proposed design modification.   This ordinance also provides for certain types of development identified as incentive development and restricted development which, though not consistent with normal zoning district standards, will be permitted in certain instances.  These developments are supported by the Land Use Plan, but may necessitate relaxation of certain design standards in order to meet site constraints.  Design modifications will be considered as part of the normal review of these developments, subject to standards established in this section.  

60.422

Review of Design Modifications:  Design modifications will be processed through either the Type I or Type II review procedures, according to the guidelines established in this section.  Where a design modification request accompanies a permit or certificate request that requires processing through a Type III review procedure, the request shall be considered by the Commission and Council as part of the Type III review.

60.423

Guidelines for Approval:  The following paragraphs identify specific policies or standards for each type of design modification permitted by the Ordinance.  The approval authority shall consider these policies or standards in making the findings to approve or deny a request for a design modification.  In addition, the following standards shall apply to all requests for Type II Design Modifications:  

1. The burden shall be upon the applicant to show the design solution will result in an improved use of land while preserving the purposes for which the original regulation was enacted.
   
   
2.   Any such modification shall consider the relationship of the development to its surroundings and shall avoid creating any adverse effects due to noise, traffic circulation, building height or bulk or lack of screening.

60.424

Specific Policies:  The following paragraphs contain the guidelines applicable to specific types of design modifications which shall be considered by the approval authority.

Subdivision 1.         Yards or Setbacks Along Side or Rear Lot Lines:   

1. Type I Design Modification:  The zoning administrator may permit as a Type I Design Modification:  
   1. The encroachment of an addition to an existing structure or building into a required yard when a portion of the existing structure already encroaches into that yard and the proposed addition or alteration will not exceed the existing encroachment.  
   2. The reduction of required side yards to 10% of the width of the lot on lots of record not meeting the minimum width at building line requirements found in this ordinance.   
2. Type II Design Modifications, Permitted and Conditional Uses:  The Zoning Administrator may permit the encroachment of an addition to a dwelling or any accessory structure into a required yard where it can be found that;
   1. The structure will not encroach on any existing easements;
   2. The design of the structure or addition will not change the pattern of storm water drainage in such a way as to adversely affect adjacent properties;
   3. The placement of the structure will not adversely affect the privacy afforded to uses on adjacent properties by reducing the open space provided adjacent to the primary living areas and primary windows of buildings on adjacent lots;  
   4. The placement of the building will not adversely affect the ability of adjacent owners to construct new structures or expand existing structures within the normal required zoning setbacks due to potential conflicts with the Building Code;  
   5. The addition or accessory structure will not cut off access to the rear yard of the property, particularly where the rear yard may be needed as the location for a future accessory building or storage; and  
   6. The placement of the new structure will not result in the need for the property owner to utilize adjacent properties for maintenance purposes, unless a written agreement between the owners is submitted along with the request for the design modification.   
3. Policy for Setback Modifications (Restricted and Incentive Development):  The Commission and Council may permit a reduction in side and rear yards below the standards of the applicable zoning district when the proposed development is found to meet the following guidelines:
   1. Privacy:  One purpose of side and rear yard setbacks is to provide privacy within the dwelling unit.  Where windows are placed in only one of two facing walls or there are no windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the side or rear yard may be reduced.   
   2. Light and air:  The building spacing provides one method of insuring that each room has adequate light and air.  Building spacing may be reduced where there are no windows or very small window areas, and where rooms have adequate provisions for light and air from another direction, or where building orientation, layout and shapes are such that adequate light and air are available.
   3. Use:  Areas between buildings are often used as service yards for storage of trash, clotheslines, or other utilitarian purposes.  Where this use is similar for both houses, a reduction of building space permitting effective design of a utility space shall be permitted.  Kitchens and garages are suitable for rooms abutting such utility yards.

 

Subd. 2.         Front Yards:

1. Type I Design Modification:  The zoning administrator may permit as a Type I Design Modification:
   1. The reduction of a required front yard so as to be consistent with the front yards of adjacent parcels.  Where there are buildings on both abutting parcels with front yards of less than the depth required in the applicable zoning district, the front yard for the undeveloped lot need not exceed the average front yard of the adjacent lots.  Where there is a building on one abutting lot with a depth less than that required in the underlying zoning district, the front yard need not exceed a depth one‑half way between the depth of the adjacent front yard and the required front yard depth.
   2. The reduction of front yards for all lots within a block fronting on the same street by up to 40% where existing topography limits the use of the lots without significant re-grading and where the zoning administrator determines it will not have an impact on other dwellings in the vicinity due to topography, street layout, or other subdivision design factors.  
   3. The reduction of front yards by up to 40% where access is provided via an alley and no access is permitted across the front lot line.   
2. Policy for Front Yard Modifications (Restricted and Incentive Development):  The Commission and Council may permit the reduction in the front yard below that required in the underlying zoning district in a restricted or incentive development when the proposal is found to meet the following guidelines:  
   1. The minimum front yard is intended to provide privacy and usable yard area for residents.  In practice, however, front yards are rarely used, so that only the privacy factor is important.  Where the developer provides privacy by reducing traffic‑flow through street layout such as cul‑de‑sacs, or by screening or planting, or by facing the structure toward open space or a pedestrian way, or through the arrangement of rooms so that primary windows are oriented away from the front yard of the building, it is possible to reduce the front yard requirement.

Subd. 3.         Percentage of Landscaped Area:  

1. Type I Design Modification:  The Zoning Administrator may permit as a Type I Design Modification:  
   1. A reduction in the required amount of landscaped area by up to 50 percent where a proposed development abuts lands owned in fee title by a public entity which provides open space in amounts exceeding normal zoning district standards, such as parks, parkways, school sites, golf courses and the like.  Public lands developed for specific non‑open space use, such as water towers, government office buildings, or indoor recreation facilities, shall not qualify for the bonus.
   2. A reduction in the required amount of landscaped area by up to 25% where a development abuts a right‑of‑way where excess boulevard exists.  The presence of excess boulevard is determined by calculating the amount of boulevard needed for pedestrian facilities, snow storage, normal utility placement, and normal boulevard plantings, and future roadway improvements, and then comparing this amount to the actual boulevard area to see if any excess area exists.
      
      The zoning administrator shall find that the proposed development will still exhibit a similar character to adjacent developments through consistency in building heights, setbacks and floor area ratio, or through the introduction of additional landscaped treatment which will serve to mitigate the effects of increased development intensity on the site.

Subd. 4.         Usable Recreation Area:  

1. Type I Design Modification:  The zoning administrator may permit as a Type I Design Modification a reduction in the usable recreation space by up to 50 percent where a development has reasonable access to an improved public facility that provides the facilities necessary to meet the daily recreation needs of the residents of the proposed development.  In determining the recreation needs, the zoning administrator shall consider the demographics of the potential residents (age, presence of children, etc.).
   
   
   A site shall be considered to have reasonable access to a recreation facility if it is located, based on distance separation or travel time to the facility, within a distance or time equal to no more than one quarter of the accepted maximum service area radius for the facility.  
2. Policy on Usable Recreation Space (Incentive and Restricted Development):  The Commission and Council may permit a reduction in the amount of Usable Recreation Space required by the underlying zoning district for an Incentive or Restricted Development where the proposed development meets the following guidelines:  
   1. The needs of the development can be met by other facilities in the proximity of the development;   
   2. Specially designed facilities within the development are provided which utilize a more compact space; or  
   3. The nature of the residents with the development will be such so as not to require the amount of useable recreation space specified by the ordinance.
3. Phased Development:  In issuing the zoning certificate for one phase of a multi‑phase development which has been approved through a site planning or conditional use permit, the zoning administrator may permit a deviation from the required amount of usable recreation space in that phase when the development as a whole is designed to meet the standards.

Subd. 5.         Lot Area and Frontage:  

1. Type I Design Modifications:  The zoning administrator may permit as a Type I Design Modification:  
   1. The development of single family detached dwellings on lots smaller than those required by the ordinance in an R‑1, R-1x, or R‑2 Zoning District if consistent in lot area and frontage with adjacent developed parcels.  To determine the frontage or lot area requirement, the following procedure shall be used:  
      1. List in ascending order the lot area or frontages of all parcels lying in whole or in part within 200 feet of the boundary of the subject site.  Only parcels within the same district shall be listed.  
      2. Determine the median parcel size or frontage, which will be the size or frontage of the parcel one‑half way down the list, or in the case of an even number of parcels, the first of the middle two.  
      3. Determine the area or frontage required by adding the frontages or areas of the median parcel and the next parcels above and below and dividing the total by three.  
   2.  In any zoning district where single family detached dwellings or duplexes are permitted, a site existing on the effective date of this ordinance may be subdivided into parcels with less than the minimum lot area or frontage for the proposed use (either a single family detached dwelling or duplex) when one of the following tests are met:
      1. Two parcels may be permitted on a site containing the area required for one parcel and 90% of the area for a second;  
      2. Three parcels may be permitted on a site containing the area required for two parcels and 85% of the area for a third, or  
      3. Four parcels may be permitted on a site containing the area required for three parcels and 80% of the area for a fourth. 
         
         
         The  lot area or frontage of any individual lot created may not deviate by more than 10% from the minimum requirement for the district, except where a flag lot configuration is used for one of the lots, in which case the frontage may be reduced further subject to the flag lot provisions of the ordinance.  
         
         
   3. The frontage of lots within a block utilizing an alley for access and platted with access restrictions along the front lot line may be reduced to the amount necessary to provide only the minimum required side yards along each side lot line.  

Subd. 6  Height:     

1. Type I Design Modification:  The Zoning Administrator may permit as a Type I Design Modification the following:  
   1. Appurtenances attached to the side of the building or free standing such as private antennas, chimneys, flagpoles, bell towers, smokestacks, steeples, spires, parapet walls, skylights.  
   2. Rooftop appurtenances such as fire escapes, antennas, satellite dishes, mechanical penthouses, ventilators, observation or bell towers, smokestacks, steeples, elevator bulkheads, rooftop water towers or cooling towers, domes, steeples or spires, with no limitation on height, provided they do not occupy more than 25% of the roof area and provided that all mechanical equipment is screened.  
   3. Freestanding structures without limitation as to height subject to the following requirements:  
      1. Silos, barns, grain elevators and water towers shall be setback at least 50 feet from any property line.  
      2. Transmission towers, communication wireless telecommunications towers, and windmills shall be setback from property lines a distance equal to the height of the structure.  Guy wires for towers shall be located no closer than 10 feet to any property line, and suitable protective anti‑climbing fencing shall be provided around any transmission tower.    
2. The limited modification of height requirements may be considered as a Type II Design Modification.  The zoning administrator and Commission shall investigate the effect of shadows, loss of privacy, and the closing of views resulting from the contrast created between the height and location of the proposed building with existing buildings or adjacent open spaces in making a determination to approve the proposal.  In addition, fire officials and building officials shall be consulted to see if any public safety concerns will be created by the additional building height.
   
   No more than 25% increase in height in any Residential District or 50% increase in height on a parcel zoned in a non‑residential district which abuts an R‑Sa, R‑1, R-1x, or R‑2 District may be considered as a Design Modification.  In all other instances, up to 100% increase in height may be considered.

Subd. 7.         Off Street Parking:  

1. Type I Design Modification:  For developments where ordinance requirements may result in the provision of excess off‑street parking due to unique characteristics of the development, the zoning administrator may permit the deferral of up to 20% of the required spaces.  The developer shall enter into a written agreement with the city that the additional parking spaces up to the total spaces required shall be provided at the owner's expense should the zoning administrator determine that the total required parking spaces are necessary to satisfy the actual needs of the particular use. 
   
   Factors the zoning administrator shall consider in granting an off‑street parking deferral are:  
   1. Where it can be shown that the number of cars owned by the occupants in a residential development is characteristically different from the norm, or the proximity of the development to employment, shopping, educational and transit developments is such that reduced auto usage may be anticipated.  
   2. That based on trip generation characteristics and time of day usage characteristics for similar uses, it can be shown for non‑residential uses that the typical requirements can be reduced without causing parking to overlap into other nearby developments.  
   3. Immediate proximity to public transportation facilities serving a significant proportion of residents, employees, and/or customers.
   4. Operation of effective private or company car pool, van pool, bus or similar transportation programs.
   5. Evidence that a proportion of residents, employees, and/or customers utilize, on a regular basis, bicycle or other transportation alternatives commensurate with reduced parking requirements.

 

Subd. 8.         Bufferyards:       

1. The modification of bufferyard requirements may be considered as a Type II Design Modification.  The zoning administrator and Commission shall consider the following guidelines in considering the Design Modification Request:         
   1. Where it can be shown that adequate separation is achieved by (1) exceptional topographical features, (2) the nature of the existing landscaping, (3) the introduction of special structural elements, or (4) the orientation of existing views in adjacent developments.    

Subd. 9.         Public Facility Standards:  

1. Modification to the requirements of Chapter 64 may be approved as part of the review of any general development plan, land subdivision permit, or final plat where the applicant can show by reason of exceptional topography or any other physical condition that strict compliance with these regulations would cause undue hardship or that such relief would not be a detriment to the public welfare and would not impair the intent and purpose of the regulations.  

Subd. 10.       Exterior Storage Activity:  

1. Type I Design Modifications:  The zoning administrator may permit as a Type I Design Modification:  
   1. The conduct of activity associated with a non‑residential use outside of a structure when the following guidelines are met;  
      1. The development is located in a non‑residential zoning district and does not abut a residential zoning district.  
      2. The zoning administrator determines that the proposed activity will not affect any residential uses within the area due to the effects of noise, glare, or the potential for litter.  
      3. The activity will not create potential hazard to traffic by interfering with traffic visibility or by distraction to passing motorists due to glare or lighting patterns.  
      4. The activity is suitably screened and is protected from internal vehicular circulation areas.

 

Subd. 11.   Setback Modifications in the B-5 (Residential Commercial District):          

1. Type II Design Modifications:  The Commission may permit a reduction in front yard setbacks up to 15 feet (maintaining a minimum ten-foot setback) in the B-5 zoning district when the development of all land within a contiguous B-5 district is master planned as an urban scale development meeting all of the following design guidelines and criteria:   
   1. Block Layout – where a development includes a block, the development must be configured to provide an alley or interior parking court.  Pedestrian courts between buildings, as necessary to ensure reasonably safe, direct and convenient access to building entrances and off-street parking, must also be provided.   
   2. Off-street parking, driveways or other vehicular circulation must not be placed between a building and the street.  
   3. Buildings must have their primary entrances oriented to the street.  Corner lot buildings must have entrances oriented to the street corner.
   4. Building design/architecture includes all of the following elements:  
      1. Detailed storefront design;  
      2. Finished façade on all sides of the building;  
      3. Maximum visibility and transparency of ground floor space including large display windows at the ground floor;  
      4. Regularly spaced and similar shaped windows with window hoods or trim (all building stories);  
      5. Decorative cornice at top of building (flat roof) or eaves provided with pitched roof;  
      6. Weather protection including building canopy, awning, pergola or similar device with a minimum projection of four feet over a sidewalk or other pedestrian space, along a minimum of 50% of the building frontage, and between eight and 12 feet in height above the sidewalk or other pedestrian space.  
   5. The development provides pedestrian and transit amenities, and includes at least three of the following:  
      1. A plaza, courtyard, square or extra-wide sidewalk next to the building entrance with 50% of frontage at a minimum of 15 feet width and depth from the curb;   
      2. Sitting space is provided (dining area, benches, ledges between the building entrance and sidewalk) with a minimum 16 inches in height above grade, 24 inches in width and 48 inches in length;  
      3. Building canopy, awning, pergola or similar weather protection with a minimum projection of four feet over a sidewalk or other pedestrian space, along 75% of the building frontage, and between eight and 12 feet in height above the sidewalk or other pedestrian space;  
      4. Public art that incorporates seating (e.g., fountain, sculpture, etc.);  
      5. Transit amenity, such as a bus shelter in accordance with the City’s transportation plan;
      6. Bicycle parking facility.

Subd. 12.   Sign Modifications in the B-5 (Residential Commercial District):

1. Type I Design Modification:  The zoning administrator may permit as a Type I Design Modification an increase to the size and/or height of a free standing sign in the B-5 District, as specified, if all of the following criteria are met:
   1. The sign shall be oriented primarily toward an arterial or higher level roadway as identified on the Thoroughfare Plan;
   2. The property on which the sign is located has a minimum of 100 feet of frontage on an arterial or higher level roadway as identified on the Thoroughfare Plan and is located at an intersection of two public roadways;
   3. The sign must not be oriented to residentially developed or residentially zoned and undeveloped land on the same side of the arterial or higher level roadway as the B-5 use.
2. Where the posted speed limit on the arterial or higher order is 30 or 35 mph, a maximum increase to 32 square feet may be granted.  Where the posted speed limit on the arterial or higher order road is 40 mph or more, a maximum increase to 50 square feet may be granted.  Where the criteria found in clause A of this subdivision are met, the zoning administrator may approve an increase to the sign height to a maximum of 15 feet in height.
3. The zoning administrator may permit as a Type I Design Modification an increase to the size of a wall sign in the B-5 Zoning District, as specified, if all of the following criteria are met:
   1. The sign must be oriented primarily toward an arterial or higher level roadway as identified on the Thoroughfare Plan;
   2. The property on which the sign is located has a minimum of 100 feet of frontage on an arterial or higher level roadway as identified on the Thoroughfare Plan and is located at an intersection of two public roadways; and
   3. The sign must not be oriented to residentially developed or residentially zoned and undeveloped land on the same side of the arterial or higher level roadway as the B-5 use.
4. Where the posted speed limit on the arterial or higher road is 30 or 35 mph, a maximum increase to 32 square feet may be granted.  Where the posted speed limit on the arterial or higher order road is 40 mph or more, a maximum increase to 50 square feet may be granted.
5. The zoning administrator may permit as a Type I Design Modification a sign with internal lighting if all of the following are met:
   1. The background of the sign must be an opaque material with light colors used for the lettering – light colored backgrounds with dark letters are prohibited.  All illuminated signs must have baffle or louver lighting.
   2. If it is a free-standing sign, the sign must be set back from all lot lines a minimum of four feet and be separated from an adjacent residentially zoned property by a minimum of 70 feet.  No sign will be permitted to be located in a utility or drainage easement.
   3. The sign must be oriented toward an arterial or higher level roadway as identified on the Thoroughfare Plan.
   4. The sign must not be oriented to residentially developed or residentially zoned and undeveloped land on the same side of the arterial or higher level roadway as the B-5 use.
   5. Neon light, flashing, moving or intermittently lighted signs and changeable message signs are not permitted.

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