North Branch City Zoning Code

1. Basements may be used as living quarters or rooms as a portion of residential dwellings.
   
2. Tents, play houses or similar structures may be used for play or recreational purposes.
   
3. Recreational vehicles/campers located on any property cannot be used as a primary or secondary residence for longer than seven days, unless an act of God or other unforeseen circumstance occurs in which the length may be extended to 180 days in a calendar year.  In a situation in which an act of God or other unforeseen circumstance exists where the primary or secondary residence is destroyed, City Staff may administratively approve the request to live in a camper without public hearings, Planning Commission and City Council approval as long as the items are addressed that exist in the Interim use in the appropriate  zoning district allowing people to live in a recreational vehicles/campers during an act of God. Should the property owner refuse or fail to meet the ordinance regulations as  established by the City Council in the Interim Use section of ordinance within the Zoning  district. Staff will bring the request to the City Council for their review and determination on the matter. The Public Works Director. Community Development Director and City Administrator have the ability to look at each situation on a case by case basis and waive  requirements as outlined in the Interim Use section of Ordinance.
   
   

(Code 1996, § 17.44.020; Ord. No. 153-10, § 1, 8-9-2010)

1. Any person desiring to improve property shall submit to the building official information on the location, and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to insure conformance to city ordinances.
   
2. All buildings shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
   
3. Multiple principal buildings.
   
   1. Except in the case of uses permitted in the AG Agricultural District and conditional uses in the R-1 single-family residential district, R-1A single-family residential district, R-2 medium-density residential district, R-3 high-density residential district, AG-1 agricultural district, AG-2 agricultural district, RR rural residential district, CBD central business district, B-2 limited business district, B-3 regional business district and the I industrial district, not more than one principal building shall be located in a lot.
      
   2. In the case of a conditional use permit for multiple principal buildings on a lot of record, this chapter shall be used to provide for the future subdivision of the lot taking into consideration setbacks, parking requirements and access. No transfers of ownership of properties, or portions of properties, issued a conditional use permit shall be authorized unless the property has been subdivided under the ordinances of the city.
      
4. No structure shall be erected or otherwise permitted upon any lot in which the design, finished construction, or elevation causes or otherwise directs additional drainage or surface water runoff upon the land or others, natural drainage ways/patterns excluded. In the event any proposed structure appears to raise an issue with regards to this regulation the planning director may require a finished grade topographical drawing showing all relevant elevations of the structure and the topography of the lot prior to issuing any building permits.
   
5. In areas where a legal lot of record for building purposes exists but no public utilities are available building permits may be secured provided:
   
   1. Adequate septic tank and drainfield system can be installed to meet state specifications;
      
   2. Setting of buildings on property must be accomplished to provide for a future division of property into smaller buildable lots which can accommodate appropriate setbacks when municipal utilities become available.
      

(Code 1996, § 17.44.030)

Under this chapter land reclamation is the reclaiming of land by depositing of materials so as to elevate the grade. All land reclamation shall be controlled under the provisions of the state uniform building code and this chapter, and shall meet the following minimum standards:

1. The smallest amount of bare ground is exposed for as short a time as feasible.
   
2. Temporary ground cover is used and permanent ground cover, such as sod, is planted.
   
3. Methods to prevent erosion and trap sediment are employed.
   
4. Fill is stabilized to accept engineering standards.
   
5. Final slopes for cut slopes should be a maximum of 1:1, or 100 percent; fill slope 3:1 or 30 percent; and grade or construction slope 5:1 or 20 percent.
   

(Code 1996, § 17.44.040)

1. Any antenna or other receiving or transmitting device which exceeds a height of 75 feet from ground level shall require a conditional use permit.
   
2. Any tower, or other like structure, which exceeds a height of 75 feet from ground level shall require a conditional use permit.
   
3. In any event, a conditional use permit will be required for any tower, or like structure and antenna, or other receiving or transmitting device, any portion of which exceeds ten feet in width when measured horizontally.
   
4. A fee shall be required for any structure or device as described in subsections (a), (b) and (c) of this section at the rate determined by the city council. Such permit fee is payable at the time a conditional use application is filed.
   
5. A 500-foot separation from towers over 75 feet to land zoned R-1, R-1A, R-2, R-3, and R-4 shall be maintained.
   
6. Towers over 75 feet shall be set back 50 feet at a minimum, or one-half the height of the tower, whichever is greater. The setback area shall have nothing built within it except fencing and nonoccupied accessory support buildings for the tower.
   
7. Prior to construction of any new towers, the applicant shall prove that collocation on an existing tower will not be able to meet their needs.
   
8. Exemptions: The following will be generally allowed as a permitted use within the City of North Branch without the need for a Conditional Use Permit:
   
   1. Temporary towers erected in response to emergency situations which threaten the health, safety, or welfare of the public shall be considered exempt from the above provisions.
      
   2. Routine maintenance of existing tower facilities or modification of lighting to meet the standards set forth by this ordinance.
      
   3. The addition of antenna(s) to a tower facility that meet the standards of this article and do not increase the height of the tower facility.
      
   4. Towers erected and maintained by the city for public use with a maximum height of one hundred fifty (150) feet; provided however that the city will attempt to meet setback and general standards of construction to the extent feasible.
      
   5. Temporary towers erected to temporarily hold equipment during periods of general maintenance of an existing tower or structure that does not exceed the highest point of the tower or other structure being maintained. The temporary tower shall only be allowed during the duration of the maintenance of the existing tower or structure but not to exceed 4 months
      

(Code 1996, § 17.44.060; Ord. No. 190-12, § 1, 9-10-2012)

1. Purpose. The purpose of this section is to establish standards by which the city will allow home occupations in residential neighborhoods. Home occupations shall have no adverse impact to building aesthetics, traffic volume, noise, smoke, dust, odor or any other activity that adversely affects the health, safety and welfare or is detrimental to the residential nature of nearby properties. In addition, the city intends this section to provide a distinction between permitted and prohibited activities and uses concerning home occupations.
   
2. All home occupations shall meet and maintain the following performance criteria:
   
   1. The home occupation is clearly incidental and secondary to the use of the dwelling;
      
   2. The home occupation shall not change the outside appearance of the building or land;
      
   3. The home occupation shall not use more than 30 percent of the total floor area of the dwelling (including the basement). If the owner or operator uses an accessory building for such home occupation, the home occupation shall not exceed the maximum allowed square-footage for that size property as shown in the following chart:
      
      

      Lot Size	Maximum Allowed Space for Home Occupation (excluding storage) in Accessory Buildings
      Less than one acre	375 square feet
      One acre but less than five acres	625 square feet
      Five acres or more but less ten acres	1,250 square feet
      More than ten acres	1,875 square feet

   4. No outdoor storage shall be allowed in connection with the home occupation;
   5. The home occupation shall not generate any additional traffic in greater volume than would normally be expected in the area and any off-street parking shall meet the off-street parking provisions of this chapter.
   6. The operator of the home occupation shall be the primary resident within the dwelling unit.
   7. Scrap booking, quilting, stamping and similar arts and craft activities shall be limited to a maximum of 15 participants, and may include overnight lodging. The number of participants may be regulated based on the number of bedrooms at the location. The operation must comply with all federal, state, county and city requirements.
   8. No home occupation shall be established unless a home occupation permit has been obtained. An application for a home occupation permit shall be made in writing on forms furnished by the city. The fee for a home occupation is stated in the city fee schedule.
   9. A home occupation at a dwelling with an on-site sewage treatment system shall only generate normal domestic household waste unless a plan for off-site disposal is approved by the city.
3. Prohibited activities. Home occupations shall not:
   1. Create fire, safety or health hazards, adversely affect neighboring property values, constitute or create a nuisance or otherwise be detrimental to neighboring properties because of excessive traffic, noise, smoke, heat, glare, odor, fumes, electrical interference, vibration, dust and any other nuisance or safety hazards.
   2. Adversely impact governmental facilities and services, including streets, roads, sanitary sewers, water, storm drainage, police service and fire service.
   3. Adversely affect environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the city.
   4. Involve the use of hazardous materials or activities.
4. Any noncompliance with this subsection shall constitute grounds for the denial or revocation by the city of the home occupation license.
5. When deemed appropriate, the planning director, the city administrator or their designee may bring a proposed home occupation to the attention of the planning agency at which time the planning agency may direct the planning commission to hold such public hearings, request such information or require such conditions as deemed necessary to bring the home occupation in compliance with the performance criteria. The planning commission shall make a recommendation to the planning agency for its review and referral to the city council about the proposed home occupation for final consideration and action. The city council may add any additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses.

a) The zones set forth in this Section are defined in the design overlay district map on record with the City Clerk.

b) Architectural Standards. The requirements contained within this Division shall not apply to any structure in the Agricultural, Rural Residential or Park/Open Space districts. It shall apply to all structures used for commercial purposes in Single-Family Residential, Medium Density Residential, and High Density Residential, all structures in the Central Business, Commercial, and Industrial Districts.

These standards are intended to ensure coordinated design of new and existing building exteriors, including additions and accessory structures, in order to prevent visual disharmony; minimize adverse impacts on adjacent properties from buildings which detract from the character and appearance of the district; and aid in improving the overall economic viability of the district. These standards are further intended to prevent use of materials that are unsightly, subject to rapid deterioration or which contribute to depreciation of property values or cause urban blight. It is not the intent of this Section to unduly restrict design freedom when reviewing and approving project architecture in relationship to the proposed land use, site characteristics and interior building layout. While the City of North Branch has not established a theme or particular style of architecture that must be adhered to, a general goal of creating a professional appearance with architectural appeal associated with a small city atmosphere is desired within the City of North Branch.

(1) Architectural plans shall be prepared by an architect or other qualified person (as determined by the Zoning Administrator) and shall show the following:

(a) Elevations of all sides of the building. (b) Type and color of exterior building materials. (c) Typical floor plans. (d) Dimensions of all structures. (e) The location of trash containers and of exterior electrical, heating, ventilation, and air conditioning equipment. (f) Utility plans including water, sanitary sewer, and storm sewer. (g) Additional plans deemed necessary by the Zoning Administrator.

(2) Exterior building materials shall be subject to Zoning Administrator approval and the following:

(a) Zone 1: Structures must provide a cohesive architectural appearance reflecting its functional purpose and must be composed of at least sixty-five percent (65%) Class I materials; not more than thirty-five percent (35%) percent Class II materials.

(b) Zone 2: Structures must provide a cohesive architectural appearance reflecting its functional purpose and must be composed of at least fifty percent (50%) Class I materials; not more than thirty-five percent (50%) percent Class II materials.

(c) Zone 3: Structures must provide a cohesive architectural appearance reflecting its functional purpose. Structures in this zone are not subject to material composition requirements by Class. All other design standards in this Section apply unless otherwise listed.

(d) Classes of materials. For the purposes of this subdivision, exterior materials shall be divided into Class I and Class II categories as follows:

1. Class I consisting of:

i. Brick, ii. Natural stone (or similar appearing, high quality manufactured stone), iii. Glass curtain wall, iv. Copper, v. Other comparable or superior materials, or vi. New materials that meet the intent of the preamble above.
vii. Engineered Wood Siding

2. Class II consisting of:

i. Specialty concrete block such as burnished, textured or rock face, ii. Architecturally precast concrete panels having an exposed aggregate, light sandblast, acid etch, form liner, smooth as cast, tooled, natural stone veneer, brick face and/or cast stone type finish, iii. Masonry stucco, iv. Fiber-cement exterior siding, v. Other comparable or superior materials, vi. New materials that meet the intent of the preamble above. vii. Exterior finish installation system (EFIS), viii. Opaque panels, ix. Ornamental metal, x. Smooth concrete block, xi. Scored concrete block, xii. Smooth concrete tilt-up panels, xiii. Glazed block, xiv. Glass block,
xv. Insulated metal panels
xvi. Ceramic,
xvii. Other comparable or superior materials, or
xviii. New materials that meet the intent of the preamble above.

(e) A distinctly different color of brick may be considered as a second Class I material, however, minor blended color combinations shall not be considered as a separate material.

(f) Buildings may be constructed primarily of one (1) specific Class I material provided that the design fits the purpose of the building and is obviously superior to the general intent of this Division to provide visual interest, variation in detailing, and eliminate long wall sections without windows.

(g) Buildings constructed in Zone 3 shall have a minimum of two complementary color tones or two materials incorporated on all sides of the building. This can be completed through wainscoting, columns, pilasters, or other ornamentation as determined by the Zoning Administrator.

(h) Garish or bright accent colors for awnings, trim, banding, walls, entries or any portion of the building shall be minimized, but in no case shall such coloring exceed five percent (5%) of each wall area.

(i) In Zones 1 and 2 exposed roof materials shall be similar to, or an architectural equivalent of a high quality asphalt shingle (300# or better), wood shingle, standing seam metal roof, or better.

(j) In Zone 3, roof materials shall be of a finished material and all fasteners and connectors shall be the same color as the roof material.

(3) The overall architectural character shall have a consistent architectural expression on all sides of the building and be compatible with its surroundings.

(4) Windows or simulated windows shall be used on the ground level of any wall parallel to or nearly parallel to a street.

(5) All structures, including parking ramps shall be designed to be architecturally integrated into the overall site and be made of comparable materials and decorative elements.

(6) All façade treatments shall be maintained so as to not be unsightly in appearance or in a state of disrepair, nor shall harmful health or safety conditions be present for the life of the project.

(7) Prohibited Exterior Materials in Zone 1 and 2:

(a) Vinyl Siding. (b) Metal Siding, except as provided above. (c) Formed Metal Panels with exposed fasteners. (d) Pre-engineered post-frame structures with agricultural grade metal wall and roof panels, commonly called “pole barns” are not permitted.

(8) Prohibited Exterior Materials in Zone 3:

(a) Unfinished steel on walls or roofs.

(b) Unfinished aluminum on walls or roofs.

(c) Reflective materials.

(9) Exceptions – The following exceptions to the exterior building material requirements may apply:

(a) The use is an essential service as defined by this Division; or (b) The applicant shall have the burden of demonstrating that:

1. The proposed building maintains the quality in design and materials intended by this Division, 2. The proposed building design and materials are compatible and in harmony with other structures within the district, 3. The justification for deviation from the requirements of this section shall not be based on economic considerations.

(c) Sides of a building which are not visible from any public road may use any combination of Class I or II materials, if approved by the Planning Commission and City Council. The applicant must be able to demonstrate that said side of building is not visible from any public road.

(d) Garage doors, window trim, flashing, accent items and the like, shall not constitute required materials that make up the exterior finish of a building for the purposes of this section.

(e) Building Additions. Properties zoned I - Industrial and I2 - Heavy Industrial may be excepted from the minimum exterior building material standards for additions onto existing buildings. This exception only applies to additions of not more than 75 percent of the gross floor area of the initial principal building constructed on the property. The type and percent composition of the material(s) on the new additio(s) must be equal to or greater than the material(s) on the existing principal building. Additions exceeding 75 percent are required to meet the minimum exterior material standards for that Zone. In this case, the property owner may opt to satisfy the minimum standards on both the addition(s) and existing building. This exception does not apply to new secondary buildings and accessory structures on the property, if permitted by zoning.

(Code 1996, § 17.44.120)

Except on lots greater than two acres or lots zoned AG Agriculture, all vehicles, campers, and boats shall not be stored in the front yard excluding the driveway. Vehicles, campers, trailers and boats are allowed to be stored in the side yard if they are kept on a paved or gravel pad. Storage on grass in the side yard is not allowed. Vehicles, campers, boats and trailers are allowed to be stored in the rear yard on grass provided the area around them is maintained.

(Code 1996, § 17.44.190; Ord. No. 153-10, § 1, 8-9-2010)

(a) Purpose. The purpose of this section is to provide standards for accessory dwelling units (ADU’s) that offer additional housing opportunities while preserving the character of existing residential neighborhoods. These standards are intended to ensure that ADU’s remain subordinate to the principal dwelling and are compatible with surrounding residential development.

(b) Applicability. Accessory dwelling units may be permitted as a Conditional Use in the AG Agricultural, RR Rural Residential, and R-1 Single-Family Residential zoning districts. ADU’s shall comply with all provisions of this section in addition to the regulations of the underlying zoning district.

(c) Types of Accessory Dwelling Units.

(1) Attached ADU: Located within or physically attached to the principal dwelling. (2) Detached ADU: Located in a detached accessory structure subordinate to the principal dwelling.

(d) Conditional Use Permit Required. Accessory dwelling units require approval of a Conditional Use Permit in accordance with Sections 66-64 through 66-66.
(e) General Standards.

(1) Only one (1) accessory dwelling unit shall be permitted per property. (2) A legally established principal single-family dwelling shall exist on the property prior to approval of an accessory dwelling unit. (3) The owner of the property shall occupy either the principal dwelling or the accessory dwelling unit as their primary residence. (4) The principal dwelling shall remain the primary residential use of the property. The accessory dwelling unit shall remain subordinate and incidental to the principal dwelling. (5) The maximum floor area of an accessory dwelling unit shall not exceed 750 square feet. (6) Accessory dwelling units shall not be subdivided or sold separately from the principal dwelling. (7) Short-term rental use of an accessory dwelling unit or the principal dwelling is prohibited. Rental periods shall be no less than thirty (30) consecutive days. (8) All accessory dwelling units shall comply with all applicable Building Code, Fire Code, Plumbing Code, Electrical Code, Mechanical Code, and other applicable federal, state, and local regulations. (9) Manufactured homes, recreational vehicles (RV’s), travel trailers, campers, shipping containers, and tiny homes constructed on chassis or wheels shall not be permitted as detached accessory dwelling units unless expressly authorized elsewhere in this chapter.

(10) Accessory dwelling units shall be connected to approved public water and sanitary sewer systems where available. Utility connections may be provided through the existing service lines serving the principal dwelling or through separate service connections, subject to review and approval by the City Engineer, Public Works Director, Building Official, and applicable utility provider. Where private well and septic systems are utilized, the applicant shall demonstrate that the existing or proposed systems have adequate capacity to serve both the principal dwelling and the accessory dwelling unit, subject to approval by the applicable reviewing authority.

(11) Failure to maintain owner occupancy or comply with this section or any Conditional Use Permit condition may constitute grounds for revocation of the Conditional Use Permit.

(f) Location Standards.

(1) Setbacks shall comply with those required for principal structures in the underlying zoning district in City Code Section 66-210. (2) Maximum size shall be 750 square feet. (3) Height shall comply with the underlying zoning district.

(g) Dimensional Standards.

(1) Setbacks shall comply with those required for principal structures in the underlying zoning district in City Code Section 66-210. (2) Maximum size shall be 750 square feet. (3) Height shall comply with the underlying zoning district.

(h) Parking.

(1) A minimum of one (1) additional off-street parking space shall be provided for each accessory dwelling unit. (2) The required parking space shall be shown on the site plan submitted with the Conditional Use Permit application and shall comply with all applicable parking, driveway, and surfacing requirements of this chapter. (3) The location and design of the required parking space shall be subject to review and approval by the City through the Conditional Use Permit process.

(i) Architectural Standards. Exterior building materials shall match or be substantially similar to the principal dwelling. Roof pitch, siding, trim, colors, and architectural details shall maintain compatibility with the principal dwelling. (j) Utilities and Addressing.

(1) All accessory dwelling units shall obtain all required building, plumbing, mechanical, electrical, and utility permits prior to occupancy. (2) Utility connections shall be installed in accordance with all applicable City standards, State Building Code, State Plumbing Code, and the requirements of the applicable utility provider. (3) The City Engineer, Public Works Director, Building Official, and applicable utility provider shall determine the appropriate method of water and sanitary sewer service based on the proposed site plan, utility capacity, applicable codes, and site conditions. (4) Separate addressing shall be provided when required by the Building Official, Fire Department, Chisago County, or emergency service providers.