- Zoning Code—Zoning District Uses, Density and Dimensional Standards
Use tables in this chapter list permitted and conditional uses in the primary underlying zoning districts, and note applicable development standards and conditions.
(a)
Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance.
(b)
Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish, change, or expand a conditional use shall obtain a permit for such use as specified in chapter 61.
(c)
Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district, or any use not determined by the planning commission to be substantially similar to a listed permitted or conditional use, shall be prohibited in that district.
(d)
Development standards. Permitted and conditional uses specified with a "✓" in the development standards column shall be subject to the specific standards and conditions of chapter 65, land use definitions and development standards, in addition to all other applicable provisions of this ordinance.
(e)
Combination of uses. Any permitted or conditional uses may be combined on a parcel or within a building, provided that all uses meet all other applicable provisions of this ordinance, including any specific development standards.
The VP vehicle parking district is intended to permit the establishment of off-street parking facilities to be used solely for off-street parking of private passenger vehicles as a use incidental to a principal use. The district will serve a use district which has developed without adequate off-street parking.
Premises in such districts shall be used only for an off-street vehicular parking facility and shall be developed and maintained subject to such conditions as are hereinafter required.
(a)
Lot size. The lot shall have a minimum area of four thousand (4,000) square feet and a minimum width of forty (40) feet. In those instances wherein a VP district abuts a dedicated public alley of at least twenty (20) feet in width, the lot width may be reduced to twenty (20) feet and lot area to two thousand (2,000) square feet if the planning commission finds that the alley can be used as the parking lot maneuvering lane without conflicting with traffic.
(b)
Height of structures. Structures shall have a maximum height of one (1) story and fifteen (15) feet.
(c)
Yard setbacks. The minimum front yard setback shall be four (4) feet. If the districts adjoining the VP district require a greater front yard setback, the minimum front yard setback shall be the minimum required front yard setback set forth in the dimensional standards for the adjoining districts. A visual screen shall be located on the minimum setback line. Minimum side and rear yard setbacks shall be four (4) feet.
(a)
The parking facility shall be accessory to and for use in connection with one or more businesses, industries, institutions, or multifamily residences.
(b)
The parking facility shall be used solely for parking of private passenger vehicles and shall not be used as an off-street loading area.
(c)
No commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking facility.
(d)
No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking facility.
(e)
No building other than that for the shelter of attendants shall be erected upon the premises unless specifically approved by the planning administrator during site plan review.
(f)
Applications for VP district rezoning shall include a site plan which conforms to parking requirements as set forth in section 63.200 and all standards set forth in section 63.300.
(g)
VP vehicular parking districts shall be developed and maintained in accordance with the requirements of section 63.200 and section 63.300.
(C.F. No. 10-403, § 6, 6-16-10)
The PD planned development district is intended to permit more flexible and creative private or public development or redevelopment than is possible under standard zoning classifications. Planned developments shall be harmonious with the general surrounding uses, permitting flexibility in overall development while ensuring adequate safeguards and standards for public health, safety, convenience, and general welfare.
(a)
General criteria. Planned developments shall meet the following general criteria:
(1)
Parcels considered for planned development shall contain a minimum of one and five-tenths (1.5) acres.
(2)
The PD shall be consistent with the comprehensive plan.
(3)
Subdivision of land required by the development shall be concurrent with the rezoning.
(4)
Except for phased development as described in section 66.812, all development shall be completed within three (3) years of the effective date of the rezoning action unless specifically extended by the city council.
(5)
Phasing of development is permitted. The preliminary plan shall indicate development for the total parcel for purposes of rezoning to planned development; final plans for separate phases shall be submitted as amendments prior to execution of each phase.
(6)
If phasing is used, each phase of the PD shall be able to exist as an independent unit so that the area surrounding the PD can be planned and developed in a manner compatible with the PD.
(b)
Procedures, fees. Rezonings to planned development shall conform to procedures set forth in chapter 61. Fees for petitions and applications hereunder shall be established by resolution of the city council.
(a)
Request. Prior to proceeding with a rezoning to planned development, any person may request a pre-application conference with the office of planning administration to determine the feasibility of the plan; to determine whether or not it complies with the comprehensive plan and city requirements and standards; and to determine scheduling of procedures.
(b)
Pre-application requirements. For the purposes of pre-application discussions, the applicant shall submit:
(1)
A site location map showing the relationship of the proposed planned development to surrounding uses and streets.
(2)
A sketch plan of the proposed planned development showing:
a.
Dimensions of the parcel and of individual lots, if included in the PD;
b.
Indication of any outstanding physical characteristics of the property;
c.
Proposed uses;
d.
Residential densities;
e.
Traffic circulation patterns and off-street parking within the development and relationship to existing streets;
f.
Phasing schedule, if appropriate.
Rezoning to planned development requires two (2) reviews and approvals; preliminary plan and final plan; these may be combined. Applications shall include the following information unless specifically waived in writing by the planning administrator.
Application requirements. The applicant shall supply twenty (20) copies of the following:
(a)
Original rezoning petition certified as sufficient.
(b)
A survey of the area to be included in the planned development (1″ = 100′ scale).
(c)
Ground vertical contour intervals of the parcel at intervals of at least two (2) feet; slopes of twelve (12) percent or greater.
(d)
A preliminary site plan of the area carried out in such detail as to show the proposed land uses, densities, common open spaces, system of collector streets, off-street parking and internal circulation. The preliminary plan shall include setbacks, building dimensions, landscaping and elevations. If elevation options are to be offered, that shall be stated.
(e)
A written summary including a description of the proposed development and modifications in the requirements otherwise applicable to the property, including dimensional standards, population densities and land use intensities. In reviewing planned developments, the planning commission may use density and dimensional standards for residential, traditional neighborhood, and industrial districts as guides.
(f)
If platting is required, a sketch plan for the proposed subdivision as described in section 69.309.
(g)
If the planned development is to be constructed in phases, a construction schedule for the completion of each phase.
(a)
Applications for rezoning to planned development shall be submitted to the planning administrator. Applications shall include the required fee and twenty (20) copies of the proposal.
(b)
The planning commission shall hold a public hearing and give mailed notice to all property owners within three hundred fifty (350) feet of the proposed planned development at least ten (10) days before the hearing.
(c)
The planning commission shall forward its recommendation to the city council, which shall also conduct a public hearing with mailed notice thereof to all property owners within three hundred fifty (350) feet of the proposed planned development at least ten (10) days before the hearing.
(d)
The city council may approve, deny, or approve with modifications the planned development. Approval of the preliminary plan shall be effective for a period of one (1) year; no development shall take place therein unless the final plan is approved and adopted by the city council or the applicant withdraws the rezoning application.
(e)
If a final plan is not submitted within one (1) year, the rezoning petition shall be void unless the city council grants an extension.
(a)
Application requirements. The applicant shall supply twenty (20) copies of the following:
(1)
An approved site plan which conforms to the preliminary plan and which includes any modifications required by the city council. The site plan shall include a detailed construction and landscaping schedule, elevations and, if applicable, elevation options.
(2)
A preliminary plat if platting is required.
(3)
Covenants or homeowners' association agreements if applicable.
(b)
Procedure. The planning administrator shall cause the final plan to be reviewed and approved in the manner set forth in section 61.402. If the final plan conforms to the preliminary plan, meets site plan standards, and reflects all modifications as required by the city council, the planning administrator shall forward it to the city council together with a recommendation for approval or denial. If in the planning administrator's opinion the final plan does not conform to the preliminary plan or does not meet site plan standards, the planning commission may hold a hearing and give mailed notice as described in section 66.806.
(c)
Final approval. The city council shall give final approval of the rezoning to the planned development. Such approval shall be by ordinance. The city council may hold a public hearing.
(d)
Plan part of ordinance; recordation; compliance. Upon approval by the city council, the final plan shall become an integral part of the ordinance creating or amending the PD district and, for purposes of recordation, shall be referred to as "Planned Development No. _____," which number shall correspond to the number of the amending ordinance. All approved plans shall be filed with the city clerk. All development within the planned development shall be in compliance with the final plan as adopted by ordinance unless such change constitutes a minor change as described in section 66.810.
The applicant for rezoning to planned development may submit preliminary and final application requirements together for combined review and approval.
The planning commission and city council shall make the following findings in approving a rezoning to PD planned development district:
(a)
The proposed development is not in conflict with the comprehensive plan;
(b)
The proposed development is designed to provide a desirable and unified environment within its own boundaries;
(c)
The proposed uses will not be detrimental to present or future land uses in the surrounding area;
(d)
The exceptions to the standard requirements in the schedule of regulations are justified by the design of the development;
(e)
The PD or phase thereof is of sufficient size, composition and arrangement that its construction, marketing and operation make it feasible as a complete unit without dependence upon any subsequent unit;
(f)
The proposed development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed serve the PD;
(g)
The proposed development is consistent with the reasonable enjoyment of neighboring property.
(a)
Minor changes. Minor changes in the location, design, placement and height of buildings; landscaping; uses and density; or site plan may be authorized by the planning administrator if required by engineering or other circumstances which were unforeseen at the time the final plan was approved.
(b)
Major changes. Changes to the final plan affecting density, use and site plan which the planning administrator determines to be a major alteration of the final plan shall require amendment by the city council.
(c)
Amendment of the final plan. Amendments to the final plan may be approved by the city council, by ordinance, when those amendments are in substantial agreement with the preliminary plan and when those amendments are required by changes in conditions that have occurred since the final plan was approved. In the case of a phased planned development, final plans for phases subsequent to phase I shall be treated as amendments.
The planning commission and the city council shall hold public hearings on amendments to the final plan and shall give mailed notice to all property owners within three hundred fifty (350) feet of the PD at least ten (10) days before the hearings.
Changes to the final plan shall be recorded as amendments to the recorded copy of the final plan.
All development shall be in compliance with the final plan. In the event the applicant fails to complete the development, the parcel reverts to its previous zoning classification.
If a planned development is to be developed in phases, the following requirements apply:
(a)
The parcel shall be a minimum of five (5) acres in size.
(b)
Phases shall be designed to be capable of functioning as independent units. One phase shall not preclude subsequent development of a parcel in the event the entire PD is not developed.
(c)
Phase I of any PD shall constitute at least one-third of the total PD.
(d)
In the case of phased development, the entire PD shall be developed within five (5) years of the rezoning unless extended by the city council.
(e)
In the case of phased development, the city council may accept in lieu of a final plan for the entire PD the following: a final plan for phase I, a preliminary plan for other phases, and a schedule of phasing. Final plans for subsequent phases shall be treated as amendments as described in section 66.810.
The RL large lot residential district is the lowest density residential district. It provides for a semirural environment of predominantly low-density residential uses along with civic and institutional uses, public services and utilities that serve the residents in the district. The district is designed to protect, maintain and enhance wooded areas, wildlife and plant resources, fragile bluff areas, topography and large expanses of natural vegetative cover; to minimize erosion and excessive stormwater runoff; and to provide enough lot area for private wells and individual sewage treatment systems.
(Ord 23-43, § 7, 10-18-23)
The H1 residential district provides for a variety of housing options along with civic and institutional uses, public services and utilities that serve residents in the district. The district allows for reuse and/or conversion of existing homes and infill development in existing neighborhoods, lots, and backyards, without having to demolish existing viable housing.
(Ord 23-43, § 7, 10-18-23)
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.212 and enacted a new § 66.212 as set out herein. Former § 66.212 pertained to intent, R1—R4 one-family residential districts.
The H2 residential district provides for a variety of housing options along with civic and institutional uses, public services and utilities that serve residents in the district. The district allows for reuse and/or conversion of existing homes and infill development in existing neighborhoods, lots, and backyards, without having to demolish existing viable housing. It is intended for use in Neighborhood Nodes and near transit routes along fixed rail and bus rapid transit corridors and high-frequency bus routes.
(Ord 23-43, § 7, 10-18-23)
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.213 and enacted a new § 66.213 as set out herein. Former § 66.213 pertained to intent, RT1 two-family residential districts.
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.214. Former § 66.214 pertained to intent, RT2 townhouse residential districts.
The RM1 low-density multiple-family residential district is intended to provide for an environment of predominantly one- and two-family, townhouse and lower-density multiple-dwelling structures, along with civic and institutional uses, public services and utilities that serve residents in the district, to provide for a variety of housing needs, and to serve as zones of transition between less restricted districts and more restricted districts.
The RM2 medium-density multiple-family residential district is designed for multiple-family residential and supportive, complementary uses. Its intent is to foster and support pedestrian- and transit-oriented residential development and provide for infill housing to meet a variety of housing needs.
(Ord 20-28, § 1, 9-9-20)
The RM3 high-density multiple family residential district is intended to provide sites for high density multiple-dwelling structures adjacent to high-frequency transit service and high traffic generators commonly found in the proximity of major shopping centers and areas abutting major thoroughfares and expressways. It is also designed to serve the residential needs of persons desiring apartment-type accommodations with central services as opposed to the residential patterns found in the RM1 and RM2 multiple-family residential districts.
(Ord 20-28, § 1, 9-9-20)
Table 66.221, residential district uses, lists all permitted and conditional uses in the RL—RM3 residential districts, and notes applicable development standards and conditions.
Table 66.221. Residential District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.221, principal uses in residential districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 08-640, § 3, 7-9-08; Ord No. 11-27, § 1, 4-20-11; Ord 13-51, § 4, 11-13-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 16-13, § 4, 9-14-16; Ord 17-38, § 3, 10-25-17; Ord 18-28, § 2, 10-17-18; Ord 19-10, § 1, 6-26-19; Ord. 21-27, § 1, 8-18-21; Ord 22-3, § 1, 1-19-22; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23)
Table 66.231, residential district dimensional standards, sets forth density and dimensional standards that are specific to residential districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability.
Table 66.231. Residential District Dimensional Standards
Notes to table 66.231, residential district dimensional standards:
(a)
If a two-family or multiple-family dwelling is developed on parcels where only the land immediately beneath each dwelling unit constitutes an individually described lot and all other land required for yards, other open space, parking, and other necessary land as required by this Code constitutes "common" properties, jointly owned by the owners of the described lots beneath each dwelling unit, the minimum size lot per unit is applied to the entire parcel.
(b)
Up to two (2) additional dwelling units for the H1 residential district or one (1) additional dwelling unit for the H2 residential district and an additional five (5) percent lot coverage are permitted on the zoning lot through any combination of the following methods. These additional units are not subject to the minimum lot size per unit standard.
(1)
Affordable rental units. Two (2) additional dwelling units in H1 and one (1) additional dwelling unit in H2 is permitted if at least twenty (20) percent of the total number of principal units on the zoning lot are leased at a rate at or below the sixty (60) percent of the area median income (AMI) rent limits as defined by the Multifamily Tax Subsidy Program published by Minnesota Housing and are affordable to and occupied by households earning up to sixty (60) percent of the area median income for at least ten (10) years. Each affordable unit must have at least the same floor area as another principal dwelling unit on the zoning lot. Prior to issuance of a building permit for the new building (or building expansion or conversion), demonstration of the commitment to affordable housing in accordance with this footnote must be provided as a deed restriction or other contractual agreement with the city, or a city housing and redevelopment authority financing agreement or other similar financing agreement. Upon occupancy of the units, documentation of the households' income qualifications is required.
(2)
Affordable ownership units. One (1) additional dwelling unit is permitted for each principal dwelling unit on the zoning lot that is sold at a price affordable to a household earning up to eighty (80) percent of the area median income as defined by the Metropolitan Council's Livable Communities Act Affordability limits for ownership housing. The affordable dwelling unit must have at least the same floor area as another principal dwelling unit on the zoning lot. Prior to issuance of a building permit, demonstration of the commitment to affordable housing in accordance with this footnote must be provided as documentation of the fair market sales price via an appraisal based on full plans and specifications. Upon sale of the affordable unit to the end buyer, documentation of the household's income qualifications is required, and may include but not be limited to base pay or variable pay, income from business or self-employment, income from financial assets, government transfer payments, and insurance or benefit payments.
(3)
Three-bedroom units. One (1) additional dwelling unit is permitted for each principal dwelling unit on the zoning lot containing three (3) or more bedrooms.
(4)
Conversions of or additions to an existing residential structure. One (1) additional dwelling unit is permitted if at least fifty (50) percent of the floor area of an existing principal residential structure on the zoning lot is retained.
(c)
In the H2 district, the maximum height for buildings with flat or shed roofs is thirty-six (36) feet.
(d)
Where at least fifty (50) percent of the front footage of any block is built up with principal buildings and at least one (1) of the front yard setbacks of the existing principal buildings with front yards that adjoin the front yard of the lot is greater than fifteen (15) feet in the H1-RM3 districts or less than thirty (30) feet in the RL district, the following standards apply:
(1)
Where there are two (2) existing front yards that adjoin the front yard of the lot, the minimum front yard setback is the midpoint between the district standard setback requirement and the larger of the two (2) adjoining front yard setbacks in the H1-RM3 districts or the midpoint between the district standard setback requirement and the smaller of the two (2) adjoining front yard setbacks in the RL district.
(2)
Where only one (1) existing front yard adjoins the front yard of the lot, the minimum front yard setback is the midpoint between the district standard setback requirement and the adjoining front yard setback.
The property owner is responsible for reporting the relevant adjoining front setbacks to the zoning administrator on a certificate of survey.
(e)
The side yard setback requirement from interior lot lines may be reduced or waived when an easement or common wall agreement, certified by the city building official for conformance with the state building code, is recorded on the deeds of the adjoining parcels.
For townhouse structures, side yards are required only for dwelling units on the ends of townhouse structures.
In RM1 and RM2 districts, the minimum side yard setback for a one-family dwelling, two-family dwelling, and multiple-family dwellings of thirty-five (35) feet in height or less on lots of sixty (60) feet width or narrower is five (5) feet.
(f)
See section 65.130(a) for additional lot size requirements for cluster developments.
The maximum number of principal units per lot does not apply to cluster developments.
See section 65.130(c) for maximum lot coverage for all buildings for cluster developments.
(g)
Floor area ratio (FAR) is prorated upon the percentage of parking that is provided as structured parking. The FAR maximum may be increased by 0.5 if at least ten (10) percent of the dwelling units on the zoning lot are affordable at sixty (60) percent of the area median income for at ten (10) years. The FAR maximum may be increased by an additional 0.5 (total of 1.0 increase) if at least twenty (20) percent of the dwelling units on the zoning lot are affordable at sixty (60) percent of the area median income for at least ten (10) years. Units required to be affordable must be occupied by households earning up to sixty (60) percent of the area median income. Prior to issuance of a building permit for the new building (or building expansion), demonstration of the commitment to affordable housing in accordance with this footnote must be provided as: a deed restriction or other contractual agreement with the city, or a city housing and redevelopment authority financing agreement or other similar financing agreement. Upon occupancy of the units, documentation of households' income qualifications is required.
(h)
On lots more than sixty (60) feet wide and on corner lots, a maximum height of forty-five (45) feet may be permitted with a conditional use permit.
(i)
If at least half of provided parking is structured parking, a maximum building height of seventy-five (75) feet may be permitted with a conditional use permit. A shadow study may be required for a conditional use permit application to help determine the impact of the additional height.
(j)
For portions of a building over fifty (50) feet in height, the minimum side and rear yard setbacks are twenty-five (25) feet or nine (9) feet plus one-half the building height over fifty (50) feet, whichever is less.
(k)
For property along Grand Avenue between Fairview Avenue and Cretin Avenue, between lines defined by the parallel alleys immediately north and south of Grand Avenue, building height is limited to four (4) stories and forty (40) feet.
(l)
In the RL-RM1 districts, permitted and conditional principal uses other than residential uses must meet the dimensional standards for the RM2 district.
(Ord 13-36, § 2, 6-26-13; Ord 15-33, § 3, 7-22-15; Ord 20-28, § 1, 9-9-20; Ord 20-30, § 1, 9-23-20; Ord. 21-27, § 1, 8-18-21; Ord 22-1, § 3, 1-19-22; Ord 23-43, § 7, 10-18-23; Ord 25-34, § 7, 7-16-25)
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.232. Former § 66.232 pertained to maximum lot coverage and derived from Ord 15-33, § 4, adopted July 22, 2015 and Ord 20-28, § 1, adopted September 9, 2020.
For principal residential structures in the H1 residential district in planning districts 14 and 15, sidewall articulation is required for building faces that exceed thirty-five (35) feet in length for new construction and additions that increase the floor area by more than fifty (50) percent of the existing building footprint. Articulation must be in the form of a structural projection of at least one (1) foot in depth and six (6) feet in length, and at least one (1) story tall starting at or below the first floor elevation. New construction and additions that maintain the same footprint and property with local heritage preservation site or district designation are exempt from this requirement.
(Ord 15-33, § 5, 7-22-15; Ord 20-30, § 1, 9-23-20; Ord 22-1, § 1, 1-19-22; Ord 23-43, § 7, 10-18-23)
Editor's note— Ord 22-1, § 3, adopted January 19, 2022, repealed § 66.233, which pertained to residential district density and dimensional standards; minimum building widths and renumbered § 66.234 as § 66.233.
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.234. Former § 66.234 pertained to sidewall articulation and derived from Ord 15-33, § 5, adopted July 22, 2015 and Ord 20-30, § 1, adopted September 23, 2020.
The design standards in section 66.343(b)(2), (3), (7), (9), (11), (14), (15), (16), (19), (20), (21), (22), and (23) shall apply to multiple-family dwellings, along with the provisions in section 66.343(a).
(Ord 20-28, § 1, 9-9-20; Ord 22-1, § 3, 1-19-22)
Editor's note— Ord 22-1, § 3, adopted January 19, 2022, repealed § 66.241, which pertained to required conditions; number of main (principal) buildings and renumbered §§ 66.242 and 66.243 as §§ 66.241 and 66.242.
Editor's note— Ord. No. 25-34, § 7, adopted July 16, 2025, repealed § 66.242. Former § 66.242 pertained to parking requirements in RM1—RM3 multiple-family residential districts and derived from Ord 20-28, § 1, adopted September 9, 2020 and Ord 22-1, § 3, adopted January 19, 2022.
TN traditional neighborhood districts are intended to foster the development and growth of compact, pedestrian-oriented urban villages. All four (4) districts are intended to encourage a compatible mix of commercial and residential uses within buildings, sites and blocks; new development in proximity to major transit streets and corridors; and additional choices in housing.
(Ord. No. 11-27, § 1, 4-20-11)
The T1 traditional neighborhood district is intended to provide for compact, pedestrian-oriented mixed-use areas of limited size, with a variety of residential, office and service uses that primarily serve neighborhood needs. It is also intended to serve as a transitional use of land along major thoroughfares, between commercial or industrial districts and residential districts or other less intensive land uses.
(Ord. No. 11-27, § 1, 4-20-11)
The T2 traditional neighborhood district is designed for use in existing or potential pedestrian and transit nodes. Its intent is to foster and support compact, pedestrian-oriented commercial and residential development that, in turn, can support and increase transit usage. It encourages, but does not require, a variety of uses and housing types, with careful attention to the amount and placement of parking and transitions to adjacent residential neighborhoods.
(Ord. No. 11-27, § 1, 4-20-11)
The T3 traditional neighborhood district provides for higher-density pedestrian- and transit-oriented mixed-use development. It is designed for development or redevelopment of land on sites large enough to support:
(a)
A mix of uses, including residential, commercial, civic and open space uses in close proximity to one another;
(b)
A mix of housing styles, types and sizes to accommodate households of varying sizes, ages and incomes;
(c)
A system of interconnected streets and paths that offer multiple routes for motorists, pedestrians and bicyclists, and are connected to existing and future streets;
(d)
A system of open space resources and amenities; and incorporation of environmental features into the design of the neighborhood.
The T3 district is also intended for smaller sites in an existing mixed-use neighborhood center where some of the above elements already exist, or in an area identified in the comprehensive plan as a potential "urban village" site. The above elements may be found within the T3 district or adjacent to it; the intent is that all would be present within a reasonable walking distance.
(Ord. No. 11-27, § 1, 4-20-11)
The T4 traditional neighborhood district provides for high-density, transit-supportive, pedestrian-friendly mixed-use development. It is particularly intended for use near transit stops along fixed rail transit (including commuter rail, light rail and trolley) corridors, where a greater reliance on transit makes high-density mixed-use development possible and desirable.
(Ord. No. 11-27, § 1, 4-20-11)
Table 66.321, traditional neighborhood district uses, lists all permitted and conditional uses in the T1—T4 traditional neighborhood districts, and notes applicable development standards and conditions.
Table 66.321. Traditional Neighborhood District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.321, principal uses in traditional neighborhood districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 08-640, § 4, 7-9-08; Ord No. 11-26, § 2, 3-23-11; Ord No. 11-27, § 1, 4-20-11; Ord No. 12-26, § 1, 5-23-12; Ord 13-44, § 2, 8-28-13; Ord 13-51, § 5, 11-13-13; Ord 13-57, § 3, 12-4-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 16-25, § 1, 8-17-16; Ord 16-13, § 5, 9-14-16; Ord 17-1, § 3, 1-25-17; Ord 17-38, § 4, 10-25-17; Ord 19-10, § 1, 6-26-19; Ord 19-72, § 2, 1-8-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
Table 66.331, traditional neighborhood district dimensional standards, sets forth density and dimensional standards that are specific to traditional neighborhood districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability. Where an existing building does not conform to the following requirements, the building may be expanded without fully meeting the requirements as long as the expansion does not increase the nonconformity.
Table 66.331. Traditional Neighborhood District Dimensional Standards
Min. - Minimum Max. - Maximum FAR - Floor Area Ratio n/a - not applicable
Notes to table 66.331, traditional neighborhood district dimensional standards:
(a)
In calculating the area of a lot that adjoins a dedicated public alley, for the purpose of applying minimum lot area and maximum density requirements, one-half the width of such alley adjoining the lot shall be considered part of the lot. The minimum FAR applies to new buildings. The minimum FAR does not apply to the creation or reconfiguration of lots, or to removal of buildings. For a new building on a zoning lot where an existing building will remain, or where the new building and its associated parking and landscaping will cover only part of the site and leave the rest of the site open for an additional building, minimum FAR may be calculated based on the area of the site covered by the new building and its associated parking and landscaping. Public gathering areas, landscaped areas at least twenty (20) feet wide preserved for future development between the public right-of-way and parking, and land dedicated to the city as public right-of-way may be approved by the planning administrator as counting toward meeting the minimum FAR.
(b)
Units per acre is calculated based on net acreage. Density based on units per acre must be calculated for parcels of an acre or more in size. For smaller parcels, the maximum number of units may be calculated based upon minimum lot size per unit.
In calculating the area of a lot for the purpose of applying lot area and density requirements, the lot area figure may be increased by six hundred (600) square feet for each parking space (up to one (1) parking space per unit) within a multiple-family structure or a structured parking facility. The maximum number of units possible on a lot using this lot area bonus can be calculated using the formula: Maximum units allowed = Lot Area ÷ (minimum lot area per unit - 600).
(c)
Floor area ratio (FAR) shall be prorated upon the percentage of parking that is provided as structured parking. A minimum FAR of 0.5 is required in light rail station areas. Thirty (30) percent of the floor area of structured parking within, above, or below the principal structure may be counted toward meeting the minimum FAR.
(d)
1.0-3.0 FAR in light rail station areas for lots more than twenty-five thousand (25,000) square feet in area, with no maximum FAR in T4. The floor area of structured parking above or below space used for principal uses, up to an amount equal to the floor area of the principal uses, may be counted toward meeting the minimum FAR. For lots more than twenty-five thousand (25,000) square feet partly in a light rail station area, minimum FAR shall be prorated upon the percentage of the lot in a light rail station area.
(e)
Except in the river corridor overlay district, height of structures may exceed the maximum if set back from side and rear setback lines a distance equal to additional height. Structures shall be no more than twenty-five (25) feet high along side and rear property lines abutting RL-H2 residential districts; structures may exceed this twenty-five (25) foot height limit if stepped back from side and rear property lines a distance equal to the additional height.
(f)
A maximum height of forty-five (45) feet may be permitted with a conditional use permit.
(g)
Except in the river corridor overlay district and within light rail station areas between Lexington Parkway and Marion Street, a maximum height of ninety (90) feet may be permitted with a conditional use permit. Structures shall be stepped back one (1) foot from all setback lines for every two and one-half (2½) feet of height over seventy-five (75) feet. A shadow study may be required for a conditional use permit application to help determine the impact of the additional height.
(h)
Additional height may be permitted with a conditional use permit. Structures shall be stepped back one (1) foot from all setback lines for every two and one-half (2½) feet of height over seventy-five (75) feet. A shadow study may be required for a conditional use permit application to help determine the impact of the additional height.
(i)
Where at least fifty (50) percent of the front footage of any block is built up with principal residential buildings and the front yard setbacks of existing buildings with front yards that adjoin the front yard of the lot are all greater or all less than the district standard setback requirement, the minimum front yard setback for new buildings shall be the same as the adjoining front yard setback that is closest to the district standard setback requirement, except where only one existing front yard adjoins the front yard of the lot the minimum front yard setback for new buildings shall be the midpoint between the district standard setback requirement and the adjoining front yard setback. The property owner is responsible for reporting the relevant adjacent existing front setback to the zoning administrator on a registered land survey. The minimum front yard setback shall not exceed the maximum front yard setback requirement. Sixty (60) percent of the front facade must fall within the maximum setback. For local heritage preservation sites, the standard may be modified to comply with the preservation program and design review guidelines.
(j)
For properties fronting on University Avenue between Marion and Emerald Streets a minimum four (4) foot front yard setback is required. The four (4) foot setback shall be either landscaped or paved. If paved (preferred), the property owner may provide a permanent easement to the City to provide additional sidewalk space. An additional six (6) feet may be added to provide an outdoor activity zone, pedestrian seating or amenities, resulting in a building setback of ten (10) feet. For local heritage preservation sites, the standard may be modified to comply with the preservation program and design review guidelines.
(k)
No side or rear yards are required along the interior lot lines except as otherwise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows or other openings, yards of not less than six (6) feet shall be provided. Side and rear yards of at least six (6) feet shall be required when a nonresidential use adjoins a side yard of a residential property. These setback requirements from interior lot lines shall be waived when an easement agreement is recorded as to the affected properties. Proof of such recorded easement shall be provided at the time of application for a building permit. The recording of the easement agreement shall be interpreted to mean that the following intents and purposes of these setback requirements are met: adequate supply of light and air to adjacent property; sufficient space for maintenance of the building from the same lot; and prevention of damage to adjoining property by fire or runoff from roofs. The setback shall be a minimum of thirteen (13) feet from the centerline of an adjoining alley.
(l)
For the T3M Upper Landing area bounded by Chestnut Street, Spring Street, Smith Avenue and the Mississippi River, a maximum height of sixty-five (65) feet may be permitted without a conditional use permit, and a maximum height of one hundred (100) feet may be permitted with a conditional use permit, provided that such developments, to the extent reasonably possible, follow the design guidelines of the "Sustainable Decisions Guide for City Facilities" or other sustainable development guidelines. For the T3M Victoria Park area generally bounded by W. 7th Street, Otto Avenue, Shepard Road and Montreal Way, a maximum height of seventy-five (75) feet may be permitted with a conditional use permit. For the T3M West Side Flats area generally bounded by Wabasha Street, Plato Boulevard, Robert Street, and the Mississippi River, the maximum permitted building heights shall be as shown on Figure 5.4 of the West Side Flats Master Plan and Development Guidelines adopted by the city council on June 10, 2015; for the parcels on the northeast and northwest corners of Robert Street and Plato Boulevard, a maximum height of seventy-five (75) feet may be permitted without a conditional use permit, and a maximum height of ninety (90) feet may be permitted with a conditional use permit. A shadow study and/or view analysis shall accompany the conditional use permit application to help determine the impact of the additional height.
(Ord. No. 11-27, § 1, 4-20-11; Ord 14-12, § 2, 6-4-14; Ord 15-5, § 3, 2-5-15; Ord 15-20, § 2, 6-10-15; Ord 21-27, § 1, 8-18-21; Ord 22-1, § 3, 1-19-22; Ord 25-34, § 7, 7-16-25)
(a)
Placement of parking. Surface parking may be located:
(1)
To the rear of the principal building or within the rear yard of the parcel.
(2)
In an interior side yard if rear parking is impractical or insufficient, provided that surface parking areas and entrance drives occupy no more than fifty (50) percent of the total lot frontage. Surface parking areas in light rail station areas shall occupy no more than sixty (60) feet of the lot frontage.
(3)
On a separate lot, in compliance with section 63.303.
(4)
If a variance of this parking placement requirement is necessary to allow parking in front of a building because of special needs and site constraints, there should be a good pedestrian connection between the sidewalk and building entrance, and the area should be well landscaped.
(b)
In the T1 district, all activities except for off-street parking and loading shall take place within completely enclosed buildings, with the exception of outdoor seating areas for coffee shops or similar uses.
(c)
Storefronts or ground floors originally designed for commercial use shall not be converted to more than fifty (50) percent residential use without a conditional use permit. In conversion from commercial to residential use, the elements of traditional storefront design, where present, shall be retained. These include door and window openings, display windows, intermediate cornice lines, sign bands, awnings, arcades, and primary entrances facing the public street.
(d)
In mixed-use buildings, nonresidential uses shall be located on the first floor or lower floors of the building. Residential units in mixed-use buildings may be located on any floor, but not directly beneath a nonresidential use.
(C.F. No. 10-403, § 6, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord 14-12, § 3, 6-4-14; Ord. 21-27, § 1, 8-18-21)
(a)
Placement of parking. Surface parking may be located:
(1)
To the rear of the principal building or within the rear yard area of the parcel.
(2)
In an interior side yard if rear parking is impractical or insufficient. Surface parking areas and entrance drives accessory to a principal building or use may occupy no more than sixty (60) feet of the total lot frontage.
(3)
On a separate lot, in compliance with section 63.304, provided that surface parking is not permitted as the principal use of a lot unless it is shared among multiple businesses or uses.
(4)
If a variance of this parking placement requirement is necessary to allow parking in front of a building because of special needs and site constraints, there should be a good pedestrian connection between the sidewalk and building entrance, and the area should be well landscaped.
(C.F. No. 10-403, § 6, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord. 21-27, § 1, 8-18-21)
(a)
Applicability. The traditional neighborhood district design standards under paragraph (b) below apply to development within T1—T4 traditional neighborhood districts, as indicated in table 66.343, applicability of traditional neighborhood district design standards. Site plans and other development proposals within traditional neighborhood districts shall be consistent with the applicable design standards unless the applicant can demonstrate that there are circumstances unique to the property that make compliance impractical or unreasonable. In cases where more specific design standards or guidelines have been developed as part of city council-approved master plans, small area plans, or other city-approved plans for specific sites, those shall take precedence. All standards in section 63.110, general design standards, are also applicable to development within T1—T4 traditional neighborhood districts.
Table 66.343. Applicability of Traditional Neighborhood District Design Standards
(b)
Traditional neighborhood district design standards.
(1)
Land use diversity. In general, it is desirable for each block to include some diversity in housing type, building type, and mix of land uses. In T3M districts any two (2) abutting block faces shall include more than one (1) land use or building type.
(2)
Transitions to lower-density neighborhoods. Transitions in density or intensity shall be managed through careful attention to building height, scale, massing and solar exposure.
(3)
Block length. Block faces in mixed use areas shall typically not exceed four hundred (400) feet. Block faces in residential areas shall typically follow the pattern of neighboring blocks, but shall not exceed six hundred sixty (660) feet, the length of the standard Saint Paul block. This standard may be modified to ensure compliance with the city's adopted comprehensive plan and development or project plans for sub-areas of the city.
(4)
Compatible rehabilitation and reuse. Remodeling, additions or other alterations to existing traditional buildings shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. Original materials shall be retained and preserved to the extent possible.
(5)
Use established building facade lines. New buildings shall relate to the established building facade line on the block where they are located. On most nonresidential or mixed use blocks, this is the inside edge of the sidewalk. For corner buildings, each facade that fronts a public street shall maintain the established building facade line. Portions of the facade may be set back a greater distance to emphasize entries or create outdoor seating and gathering areas.
(6)
Buildings anchor the corner. New buildings on corner lots shall be oriented to the corner and both public streets. On corner lots at light rail transit station platforms, no portion of a structure shall be permitted in the triangular area of the lot included within fifteen (15) feet of the corner along each lot line.
(7)
Front yard landscaping. Front yard areas located between the principal building and the street shall be landscaped, except on University Avenue where the first four (4) feet may be paved similar to the public sidewalk. Other hard surfaced front yard areas should include amenities such as benches, tables, and planters.
(8)
Building facade continuity. New buildings along commercial and mixed-use streets shall provide a continuous facade along the street. Where breaks occur, the street edge shall be continued through the use of fencing, low walls and/or landscaping.
(9)
Building facade articulation. The bottom twenty-five (25) feet of buildings shall include elements that relate to the human scale. These should include doors and windows, texture, projections, awnings and canopies, ornament, etc.
(10)
Building height - treatment of 1-story buildings. New buildings of two (2) or more stories are encouraged. One-story buildings shall be designed to convey an impression of greater height in relation to the street. This can be achieved through the use of pitched roofs with dormers or gables facing the street, a higher parapet, and/or the use of an intermediate cornice line to separate the ground floor and the upper level.
(11)
Definition of residential entries. Porches, steps, pent roofs, roof overhangs, hooded front doors or similar architectural elements shall be used to define all primary residential entrances.
(12)
Entrance location. There shall be a primary pedestrian building entrance on all arterial or collector streets. At a corner location where both streets are arterial or collector streets, this standard may be satisfied with a single entrance at the corner. In multi-tenant buildings, any ground floor use with street frontage shall have an entrance facing the street.
(13)
Door and window openings - minimum and character.
a.
For new commercial and civic buildings, windows and doors or openings shall comprise at least fifty (50) percent of the length and at least thirty (30) percent of the area of the ground floor along arterial and collector street facades.
b.
Windows shall be designed with punched and recessed openings, in order to create a strong rhythm of light and shadow.
c.
Glass on windows and doors shall be clear or slightly tinted, and allow views into and out of the interior.
d.
Window shape, size and patterns shall emphasize the intended organization of the facade and the definition of the building.
(14)
Materials and detailing.
a.
Residential buildings of more than six (6) units and nonresidential or mixed use buildings shall be constructed of high-quality materials such as brick, stone, textured cast stone, tinted masonry units, concrete, glass or metal. The following materials are generally not acceptable:
-
Unadorned plain or painted concrete block;
-
Tilt-up concrete panels;
-
Synthetic stucco products;
-
Reflective glass; and
-
Vinyl, fiberglass, asphalt or fiberboard siding.
b.
All building facades visible from a public street or walkway shall employ materials and design features similar to those of the front facade.
(15)
Screening of equipment and service areas. If an outdoor storage, service or loading area is visible from adjacent residential uses or a public street or walkway, it shall be screened by a decorative fence, wall or screen of plant material at least six (6) feet in height. Fences and walls shall be architecturally compatible with the primary structure.
(16)
Interconnected street and alley network. The existing street and alley network shall be preserved and extended as part of any new development. If the street network has been interrupted, it shall be restored whenever possible. Cul-de-sac streets are discouraged; crescent-shaped or courtyard street arrangements may be used when street connections are impractical.
(17)
On-street parking. Streets shall generally have parking on both sides to buffer pedestrians, calm traffic and supplement off-street parking unless the space is needed to accommodate traffic volume, emergency vehicles, transit or deliveries. Parking bump-ins are permitted in special cases (such as adjacent to large development sites) in conjunction with a redevelopment project that has at least three-hundred (300) feet of street frontage.
(18)
Parking location and design.
a.
Off-street parking shall be provided within a principal structure, underground, or to the rear of buildings to the greatest extent possible. Limited side yard parking may be appropriate. Entrance drives and garage doors for underground or structured parking may face the street, except adjacent to light rail transit platforms, but shall be designed for pedestrian convenience and safety.
b.
Surface parking shall not be located within thirty (30) feet of a corner. Buildings shall be located to emphasize and "anchor" the corner whenever possible.
c.
Vehicular entrances to structured parking shall be minimized so that they do not dominate the street frontage of the building. Possible techniques include recessing the entry; extending portions of the structure over the entry; using screening and landscaping to soften the appearance of the entry; using the smallest curb cut and driveway possible; and subordinating the vehicular entrance to the pedestrian entrance in terms of size, prominence in the streetscape location, and design emphasis.
d.
New above-grade parking structures fronting on arterial and collector streets shall be lined with active commercial/retail uses at street level with direct access to the sidewalk.
e.
Upper levels of new parking structures shall be designed with exterior wall treatments, detailing, fenestration and materials that screen the view of vehicles and relate to existing adjacent buildings.
(19)
Residential garage location. Attached residential garages shall be recessed at least ten (10) feet behind the front facade of the building. Detached residential garages shall be located in the side or rear yard, recessed at least twenty-five (25) feet behind the front facade of the building. When an alley is present, garages shall be located in the rear yard and accessed through the alley. Individual residential unit garage entrances shall be off alleys or interior courtyards.
(20)
Parking lot lighting. Pedestrian-scale lighting shall be provided within parking areas. Light standards shall be no more than twenty-five (25) feet in height in parking lots and sixteen (16) feet in height along interior sidewalks and walkways, and have a downcast glow.
(21)
Entrance location for transit access. New and existing retail, office and multifamily housing shall coordinate with the transit agency in locating bus stops and related improvements. Building entrances shall be located to provide easy access to bus stops and shelters.
(22)
Street trees. Street trees in the street right-of-way, as prescribed by the city forester and section 69.600 of the subdivision regulations, and other landscape improvements shall be provided along all streets at regular intervals to help define the street edge, buffer pedestrians from vehicles, and provide shade. Trees shall be located in a planting strip at least five (5) feet wide between the curb and sidewalk, or in a planter or planting structure of a design acceptable to the city.
(23)
Sidewalks. Streets shall be designed with sidewalks on both sides except where they abut a park or other open space. Sidewalk width shall be at least five (5) feet, and six (6) feet or more in areas of high pedestrian activity. The T4 district is defined as an area of high pedestrian activity.
(Ord. No. 11-27, § 1, 4-20-11)
(a)
Previous plans. Any pre-existing city-approved plans, such as small area plans, station area plans, precinct plans or master plans, prepared for the site or the surrounding area shall be incorporated as appropriate in preparing any development plan for a T3 or T4 traditional neighborhood district site. It is understood that these plans may occasionally be amended as conditions change. The intent of such plans shall be realized to the extent possible in any subsequent development plans. For a T3 or T4 development site that, together with adjoining T3 or T4 parcels of land held by the same owner, is fifteen (15) acres or more in area, prior to issuance of building permits for new buildings on the site, a conceptual site plan shall be provided showing how the land under single ownership will be developed in conformance with any pre-existing city-approved plans.
(b)
Master plan. For a contiguous area of at least fifteen (15) acres in traditional neighborhood districts, a master plan may be provided for review and recommendation by the planning commission and approval by city council resolution. The master plan may be already in existence, or it may be prepared by city staff or by the applicant or developer. A traditional neighborhood area for which a master plan has been adopted by the city council shall be designated as a T1M, T2M, T3M, and/or T4M district. The master plan may include additional regulations or provide specified relief from zoning regulations if the plan as a whole results in improved implementation of the comprehensive plan and of the zoning code's intent. The master plan may include the following information.
(1)
Location maps of suitable scale showing the boundaries and dimensions of the site within the context of the community and adjacent parcels, including:
a.
Locations of any streets; railroads; significant natural, geographic or topographic features; and other major features within five hundred (500) feet of the site; and
b.
Existing parks, open space, major institutions, and concentrations of commercial use within one-half mile of the site.
(2)
A site inventory and analysis to identify site resources and constraints, including floodplain, wetlands, poorly drained soils, soils with bedrock near surface, utility easements, slopes greater than twelve (12) percent, and areas of possible soil contamination.
(3)
Plan graphics, including but not limited to the following:
a.
Topographic contours at five-foot intervals.
b.
Layout of blocks.
c.
Circulation system, indicating existing and proposed streets or rights-of-way, transit stops, bike routes, sidewalks and other walkways.
d.
Street classification system, designating streets by function within the site.
e.
Block-level analysis, designating blocks or portions of blocks as "mixed residential," "mixed use," "edge," "transition," or other (see section 66.345 Traditional neighborhood district master plan elements) and identifying primary building types on each block. Blocks may be designated for a range of traditional neighborhood elements and building types. Undesignated blocks would allow the full range of uses and building types.
f.
Open space plan, including areas to be set aside as public or private open space and their preliminary design treatment.
g.
Preliminary landscape plan, indicating street trees and landscape treatment of streets and public spaces.
(4)
Plan graphics may include examples of building elevations for each building type; an indication of building scale, height, massing, parking location and relationship to the street; visual analysis of impact on critical views and vistas; and examples of streetscape and other public improvements, including light fixtures, screening walls and fences, benches and other street furniture.
(5)
A preliminary stormwater plan, identifying any wetlands or floodplain, and preliminary locations of structures and methods to be used in managing stormwater and surface water on the site. Integration of stormwater treatment into the landscape and site design is encouraged, as is the use of natural methods such as ponds, wetlands or swales.
(6)
Phasing plan, where applicable, including the phasing of open space and street improvements.
(7)
Utilities plan, indicating existing conditions and proposed changes, as appropriate.
(c)
Changes to master plan. Once approved, a master plan may be modified as follows:
(1)
Minor modification. Minor modifications to an approved master plan may be requested by the property owner or developer. The planning administrator may approve minor modifications, including changes of less than ten (10) percent in land area designated in a specific category, provided such changes are consistent with the intent of the master plan.
(2)
Major modification. Major modifications to an approved master plan may be initiated by the city council, the planning commission, or any person having an ownership or leasehold interest (contingent included) in property that is the subject of the proposed modification. Major modifications include changes of ten (10) percent or more in land area designated in a specific category; creation of a new public street or removal of a public street segment; removal of a park or open space area; or addition or removal of an entire block. Major modifications may be approved as an amendment to the master plan by city council resolution following planning commission review, public hearing and recommendation.
(Ord. No. 11-27, § 1, 4-20-11; Ord 15-5, § 3, 2-5-15; Ord 22-25, § 1, 6-1-22)
Editor's note— Former § 66.345, renumbered and amended by Ord. No. 11-27, § 1, adopted April 20, 2011.
This section applies to T3M and T4M districts for which a master plan designates blocks or portions of blocks as "mixed residential," "mixed use," "open space," "edge," or "transition area." A T3M traditional neighborhood district of fifteen (15) or more acres in area should include, at a minimum, a mixed residential area and the specified minimum percentage of open space within one-quarter (¼) mile of a mixed-use neighborhood center. These elements may be found within the T3M district or adjacent to it; the intent is that they would be present within a reasonable walking distance. A mixed use area and/or an edge/transition area may also be required, depending on the criteria listed below.
(a)
Mixed use area. The mixed use area consists of service and retail commercial uses, workplaces, civic uses, housing, and public open space. It contains the broadest variety of land uses, and is intended to function as a center of activity for residents of the entire T3 district and, potentially, surrounding areas.
(1)
All residential lots within a T3M or T4M traditional neighborhood district should be located within approximately one-half mile of an existing or proposed mixed use area. The mixed use areas may be existing adjacent mixed use areas such as neighborhood commercial nodes.
(2)
A mixed use area shall be composed of at least two of the following land use categories, as categorized in table 66.321, principal uses in traditional neighborhood districts:
a.
commercial uses, such as general retail, restaurants, offices, services and accommodations
b.
residential uses, not including one-family or two-family dwellings
c.
civic and institutional uses such as school, place of worship, community meeting facility, library, and transit station
(3)
A new mixed use area shall also include centrally located public open space, in the form of a square, park or plaza.
(b)
Mixed residential area. A mixed residential area consists of a variety of housing types and limited office and service uses. It may be located anywhere within the district and is intended to be linked to surrounding areas by interconnected streets, paths and open spaces.
(1)
A minimum of fifty (50) percent of all dwelling units in a mixed residential area shall consist of multifamily units, units in mixed-use buildings, and/or attached single-family units such as townhouses and live-work units.
(2)
If over fifty (50) units are proposed in a site plan or master plan, at least two housing types shall be included from the following categories:
a.
One- and two-family dwellings
b.
Attached units such as townhouses and live-work units
c.
other multifamily dwellings
(3)
For infill development, the required mix of residential uses may be satisfied by existing adjacent residential uses within a two-block radius.
(4)
Up to twenty (20) percent of total floor area may consist of office and limited service uses as part of live-work units or integrated into residential structures.
(5)
All residential lots shall be located within one-half (½) mile of existing or planned public or common open space.
(c)
Edge or transition area. An edge area may be required as a lower-density transitional zone responding to adjacent uses. The required mix of housing types specified in the previous sections shall not apply in transition areas. Densities and uses will depend on adjacent conditions.
(d)
Open space areas. For a T3M district of fifteen (15) or more acres in area, a minimum of twenty (20) percent of a district's gross acreage, exclusive of street or alley right-of-way, shall be defined in the master plan as open space, which may include undevelopable areas such as steep slopes and wetlands, and stormwater basins.
(1)
A minimum of fifty (50) percent of the required open space shall be accessible to and usable by the public, such as a central square or plaza, neighborhood parks, greenways, trail corridors, or extensions of existing parks on the periphery (as specified in comprehensive or small area plans, or in the master plan process).
(2)
Existing parks or open space adjacent to the area may satisfy the open space requirement; a fee-in-lieu of park dedication may be required for enhancements to such adjacent existing parks or open space.
(Ord. No. 11-27, § 1, 4-20-11)
Editor's note— Former § 66.344, renumbered and amended by Ord. No. 11-27, § 1, adopted April 20, 2011.
The office-service district is intended to accommodate various types of office and service uses performing administrative, professional and personal services and to serve as a transitional use between the more intensive uses of land such as major thoroughfares or commercial districts and the less intensive uses of land such as one-family residential.
The B1 local business district is intended to permit those uses as are necessary to satisfy the basic convenience shopping or service needs of persons residing in nearby residential areas.
The BC community business (converted) district is a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses which do not generate large amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of this district to provide parking for employees who work in buildings which are converted from residential to business use.
The B2 community business district is intended to serve the needs of a consumer population larger than that served by the "local business district," and is generally characterized by a cluster of establishments generating large volumes of vehicular and pedestrian traffic.
The B3 general business district is intended to provide sites for more diversified types of businesses than those in the B1 and B2 business districts, and is intended for use along major traffic arteries or adjacent to community business districts.
The B4 central business district provides for a variety of retail stores and related activities, office buildings and service establishments which occupy the prime frontages in the central business district and serve a consumer population beyond the corporate boundaries of the city. The district is also designed to provide for the needs of the daytime work force, a central business district resident population and a transient population, along with the recreation demands of such population groups.
The B5 central business-service district is intended to provide necessary services for the population area which is served by all of the previous business districts. Such service establishments often involve objectionable influences, such as noise from heavy service operations and large volumes of truck traffic, and are thus incompatible with the previous business districts. The district provides for wholesaling, restricted manufacturing and other business uses which are needed in proximity to the central business district and require central location to permit serving of the entire city.
Table 66.421 business district uses, lists all permitted and conditional uses in the OS—B5 business districts, and notes applicable development standards and conditions.
Table 66.421. Business District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.421, principal uses in business districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 05-441, § 4, 8-24-05; C.F. No. 07-633, § 2, 8-15-07; C.F. No. 07-1148, § 2, 1-9-08; C.F. No. 08-640, § 5, 7-9-08; Ord No. 10-33, § 2, 10-27-10; Ord No. 11-26, § 2, 3-23-11; Ord No. 11-27, § 1, 4-20-11; Ord No. 12-26, § 1, 5-23-12; Ord 13-51, § 6, 11-13-13; Ord 13-57, § 3, 12-4-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 17-1, § 4, 1-25-17; Ord 17-38, § 5, 10-25-17; Ord 19-10, § 1, 6-26-19; Ord 19-60, § 1(Att. A), 10-9-19; Ord 19-72, § 2, 1-8-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
Table 66.431, business district dimensional standards, sets forth density and dimensional standards that are specific to business districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability.
Table 66.431. Business District Dimensional Standards
Notes to table 66.431, business district dimensional standards:
(a)
The height of the structure may exceed the maximum building height allowed in the district, provided the structure is set back from all setback lines a distance equal to the height which said structure exceeds the maximum building height allowed in the district.
(b)
Off-street parking shall be permitted to occupy a required front yard provided that the off-street parking area, exclusive of access driveways, shall be set back a minimum distance of six (6) feet from any street right-of-way and meet the setback requirements of section 66.431(d).
(c)
Since BC zoned property has a residential character, buildings shall maintain a twenty-five-foot front setback or meet the requirements of section 66.231(d).
(d)
On those lots or parcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. The following parkways and portions of parkways are excluded from this setback requirement: Ford Parkway (from Kenneth Street to Finn Street and north side between Finn Street and Mississippi River Boulevard), Gannon Road, and Lexington Parkway (from Pierce Butler Route to the nearest Burlington Northern Railroad tracks).
(e)
No side or rear yards are required along the interior lot lines of the district, except as otherwise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows or other openings, yards of not less than six (6) feet shall be provided. Side and rear yards of at least six (6) feet shall be required when a business district adjoins a side yard in an adjacent residence district. These setback requirements from interior lot lines shall be waived when an easement agreement is recorded as to the affected properties. Proof of such recorded easement shall be provided at the time of application for a building permit. The recording of the easement agreement shall be interpreted to mean that the following intents and purposes of these setback requirements are met: adequate supply of sunlight and air to adjacent property; sufficient space for maintenance of the building from the same lot; and prevention of damage to adjoining property by fire or runoff from roofs.
(f)
Off-street loading space shall be provided in the rear yard in accordance with the requirements of section 63.400.
(g)
In the BC community business (converted) district, principal structures shall not cover more than thirty-five (35) percent of any zoning lot, and residential buildings shall meet the maximum floor area ratio (FAR) requirements of section 66.231 for the RM2 multiple-family residential district.
(h)
Floor area bonuses, which encourage certain building features which produce public benefits, shall be granted as follows:
Table 66.431(f). Business District Floor Area Bonuses
For the purpose of this bonus provision, an arcade and plaza shall be defined as follows:
Arcade. An "arcade" is a continuous area open to a street or to a plaza, which is open and unobstructed to a height of not less than twelve (12) feet, is accessible to the public at all times, and either:
(1)
Adjoins a front lot line or a plaza boundary, is not less than ten (10) feet or more than thirty (30) feet in depth (measured perpendicular to the front lot line or plaza boundary which it adjoins), and extends for the full length of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distance; or
(2)
On a corner lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an area of not less than five hundred (500) square feet and a minimum dimension of ten (10) feet.
Such an arcade shall not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an arcade occupied by building columns shall be considered to be part of the area of the arcade for purposes of computing a floor area bonus.
Plaza. A "plaza" is an open area accessible to the public at all times, which is either:
(1)
A continuous open area along a front lot line, not less than ten (10) feet deep (measured perpendicular to the front lot line), with an area of not less than five hundred fifty (550) square feet, and extending for its entire depth along the full length of such front lot line or for a distance of at least forty (40) feet thereof, whichever is the lesser distance; or
(2)
A continuous open area on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the nearest side lot line; or
(3)
On a corner lot, an open area of not less than three hundred fifty (350) square feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimum dimension of ten (10) feet; or
(4)
An open area of not less than four thousand (4,000) square feet, with a minimum dimension of forty (40) feet, which is bounded on one side by a front lot line or which is connected to the street by means of an arcade or by an open area of not less than thirty (30) feet wide.
Except for an open area as set forth in item (4) above, no portion of such an open area which is bounded on all sides, except for one opening, by either building walls, or building walls and a side lot line, shall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width.
A plaza shall not at any point be more than five (5) feet above the curb level of the nearest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions permitted by the planning commission.
(Ord 20-28, § 1, 9-9-20; Ord 25-34, § 7, 7-16-25)
(a)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods provided on the premises shall be sold at retail on the premises where produced.
(b)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
In the BC community business (converted) district, when existing buildings are converted from residential to business use, when existing buildings are enlarged, and when new buildings are erected, off-street parking shall be provided as follows:
(a)
Off-street parking spaces shall not be located within a front yard.
(b)
Off-street parking facilities on lots without principal buildings shall provide principal access from the street.
(C.F. No. 10-403, § 6, 6-16-10; Ord. 21-27, § 1, 8-18-21)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
To promote the most desirable use of land in the central business district in accordance with a well-conceived plan, to promote stability of commercial development, to strengthen the economic base of the city, to protect the character and pattern of desirable development, to conserve the value of land and buildings, and to protect the city's tax revenue, the following specified conditions shall be met by all uses in the central business district:
(a)
They shall benefit from a central business district location and are appropriate in the central business district.
(b)
They generally do not create any significant objectionable influences. The normal operation incident to the use shall in no way diminish or impair property values within the district.
(c)
They involve products characterized by a high ratio of value to bulk, so that truck traffic is kept to a minimum.
(d)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
(e)
They encourage, because of their own character, other similar uses to concentrate in continuous retail frontage to the mutual advantage of both consumers and the principal permitted uses.
(f)
They shall not require frequent vehicular or truck movements across sidewalks which will prove hazardous to pedestrian and other vehicular traffic.
(g)
They shall not require any manufacturing process other than that which is considered an essentially custom manufacturing process which benefits from a central business district location as a result of requiring direct dealing with consumers in the district.
(h)
They shall not, by locating in the central business district, impede the normal and orderly development and improvement of the surrounding uses permitted in the district.
(i)
They shall in all respects conform to the applicable regulations of the district.
(a)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
(b)
Manufacturing uses similar in character to those specifically listed as permitted uses in the central business-service district may be permitted if the planning commission makes the following findings:
(1)
The use is related and reasonably necessary or convenient for the satisfactory and efficient operation of the central business-service district; and
(2)
The use requires a central location in the city to permit efficient transportation.
The IT transitional industrial district is intended to provide sites for commercial, office and light industrial uses that are compatible with nearby residential and traditional neighborhood districts, parks, and parkways.
(C.F. No. 06-112, § 1, 2-22-06; Ord 13-22, § 6, 8-21-13)
The I1 light industrial district is intended to accommodate wholesale, warehouse, and industrial operations whose external physical effects are restricted to the area of the district and in no manner affect surrounding districts in a detrimental way. The I1 district is intended to permit, along with other specified uses, the manufacturing, compounding, processing, packaging, assembly, or treatment of finished or semifinished products from previously prepared material.
The I2 general industrial district is intended primarily for manufacturing, assembling and fabrication activities, including large scale or specialized industrial operations whose external effects will be felt in surrounding districts. The I2 district is intended to permit the manufacturing, processing and compounding of semifinished products from raw material and prepared material. The processing of raw material in bulk form to be used in an industrial operation is a permitted use in the I2 district.
The I3 heavy industrial district is intended to provide sites for uses which are or can be objectionable or hazardous unless surrounded by other types of industrial districts.
(Ord 13-22, § 6, 8-21-13)
Table 66.521, industrial district uses, lists all permitted and conditional uses in the IT—I3 industrial districts, and notes applicable development standards and conditions.
Table 66.521. Industrial District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.521, principal uses in industrial districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 05-441, § 2, 8-24-05; Ord No. 06-112, § 2, 2-22-06; C.F. No. 07-633, § 3, 8-15-07; C.F. No. 08-640, § 6, 7-9-08; C.F. No. 09-341, § 6, 4-22-09; Ord No. 10-33, § 2, 10-27-10; Ord No. 11-26, § 2, 3-23-11; Ord No. 11-27, § 1, 4-20-11; Ord No. 12-26, § 1, 5-23-12; Ord 13-22, § 6, 8-21-13; Ord 13-51, § 7, 11-13-13; Ord 13-57, § 3, 12-4-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 17-1, § 5, 1-25-17; Ord 17-38, § 6, 10-25-17; Ord 19-10, § 1, 6-26-19; Ord 19-72, § 2, 1-8-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
Table 66.531, industrial district dimensional standards, sets forth density and dimensional standards that are specific to industrial districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability.
Table 66.531. Industrial District Dimensional Standards
Notes to table 66.531, industrial district dimensional standards:
(a)
Buildings exceeding this height limit, to a maximum height of seventy-five (75) feet, may be permitted with a conditional use permit.
(b)
The height of the structure may exceed the maximum building height allowed in the district provided the structure is set back from all exterior property lines of the parcel a distance equal to the height which said structure exceeds the maximum building height allowed in the district.
(c)
On those lots or parcels, or portions of lots or parcels, where the frontage adjoins or is directly across a street from a required front yard in any use district other than an industrial or VP vehicular parking district, the front setback requirements of said abutting districts shall apply.
(d)
On those lots or parcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. The following parkways and portions of parkways are excluded from this setback requirement: Ford Parkway (from Kenneth Street to Finn Street and north side between Finn Street and Mississippi River Boulevard), Gannon Road, and Lexington Parkway (from Pierce Butler Route to the nearest Burlington Northern Railroad tracks).
(e)
No side or rear yards are required except as specified in the building code, and except that side and rear yard setbacks of at least six (6) feet shall be required where an industrial district adjoins a side yard in an adjacent residential district.
(f)
Loading and unloading shall not be permitted in any required front, side or rear yards.
(g)
For the ITM West Side Flats area generally bounded by Robert Street, Plato Boulevard, Highway 52 and the Mississippi River, the maximum permitted building heights shall be as shown on Figure 5.4 of the West Side Flats Master Plan and Development Guidelines adopted by the city council on June 10, 2015; for the parcel(s) on the northeast corner of Robert Street and Plato Boulevard, a maximum height of seventy-five (75) feet may be permitted without a conditional use permit, and a maximum height of ninety (90) feet may be permitted with a conditional use permit. A shadow study and/or view analysis shall accompany the conditional use permit application to help determine the impact of the additional height.
(C.F. No. 06-112, §§ 3, 4, 2-22-06; Ord 13-22, § 6, 8-21-13; Ord 15-20, §§ 3, 4, 6-10-15)
_____
(a)
Outdoor storage. Outdoor storage is permitted subject to the following conditions:
(1)
Outdoor storage shall be at least three hundred (300) feet from a residential or traditional neighborhood district boundary, and in the IT transitional industrial district shall also be at least three hundred (300) feet from a park, parkway, or major thoroughfare, except that in reviewing a site plan for outdoor storage in industrial districts, the zoning administrator may permit outdoor storage to be within three hundred (300) feet of a residential or traditional neighborhood district, or of a park, parkway, or major thoroughfare, provided that: a) a visual screen, a minimum of six (6) feet in height, is placed between the outdoor storage and such district, park, parkway or major thoroughfare; b) the zoning administrator has considered the location and design of the outdoor storage area and visual screen in relation to any plans or guidelines approved by the city council and in relation to the design character and building materials of adjacent areas; and c) the zoning administrator has notified by mail the property owners within three hundred fifty (350) feet of the outdoor storage area at least ten (10) days before the administrator is to approve the site plan and has considered the property owners' comments.
(2)
Outdoor storage shall be fenced or walled. Outdoor storage which abuts a thoroughfare, a business district or a PD district shall be behind a six-foot-high obscuring fence. However, an obscuring fence shall not be required if the outdoor storage is screened by a building or topography. On sites where the topography renders an obscuring fence ineffectual as a screen, landscape screening shall be required.
(b)
Outdoor uses. In the IT, I1, and I3 industrial districts, all business, servicing, processing or manufacturing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
(c)
Activities involving storage, utilization or manufacture of materials or products which contain their own oxidizing agent and which decompose by detonation are not permitted in the IT—I1 industrial districts; provided that storage of small arms ammunition for retail sale shall be permitted; and further provided that research, medical and hospital laboratories, when operating under the direct supervision of scientifically trained personnel, may use the above material for research, medical and development purposes. Such activities are allowed in the I2 general industrial district when specifically authorized under the codes and ordinances of the city.
(d)
Meat packing plants, large metal shredders, the refining of petroleum or gasoline, and stock yards are prohibited.
(C.F. No. 06-112, § 5, 2-22-06; Ord 13-22, § 6, 8-21-13)
(a)
Design standards. Development shall be consistent with the following design standards unless the applicant can demonstrate that there are circumstances unique to the property that make compliance impractical or unreasonable:
(1)
Buildings anchor the corner. At intersections in pedestrian-oriented areas characterized by such things as buildings located up to the public sidewalk, pedestrian-scale street lighting, a mix of uses, and availability of transit service, buildings shall "hold the corner," that is, have street facades within fifteen (15) feet of the lot line along both streets, or the site plan shall include pedestrian-oriented elements such as substantial landscaping, public art, monument signage, and vertical structural elements that "hold the corner."
(2)
Building facade articulation. Building facades facing a public street shall include modulation and articulation, proportionate to the height and length of the façade, and human-scale elements, such as but not limited to doors and windows, awnings and canopies, vertical or horizontal variations in color, texture, and material, and/or ornamentation, offset or recessed structural bays, projecting elements such as colonnades or bay windows, or other roof or wall features. Building designs should seek opportunities to express the nature of the industrial activity within, in keeping with the other requirements of this section and respecting the necessary business functionality.
(3)
Materials and detailing. Buildings shall be constructed of high-quality materials, including, but not limited to, brick, stone, textured cast stone, tinted masonry units, concrete, glass and architectural metal. The following materials are generally not acceptable:
-
Unadorned concrete block;
-
Corrugated metal, unless used as a limited architectural element rather than for entire walls;
-
Reflective glass; and
-
Vinyl, fiberglass, asphalt or fiberboard siding.
Building designs should seek opportunities to express the nature of the industrial activity within, in keeping with the other requirements of this section and respecting the necessary business functionality.
(4)
Door and window openings. For office portions of principal buildings, above grade window and door openings shall comprise at least fifteen (15) percent of the total area of exterior walls facing a public street. Such windows shall be clear or translucent to improve visibility, add visual interest, and provide daylighting of interior spaces.
(5)
Parking location and design. Surface parking shall be located to the side or to the rear of principal buildings to the greatest extent possible, or on a separate lot in compliance with section 63.304. In reviewing a site plan, the zoning administrator may permit up to two (2) rows of parking spaces between the principal building and a street.
(6)
Landscaping and street trees. Landscaping shall be provided along the public streets and sidewalks to define the street edge, buffer pedestrians from vehicles, and provide shade. Any fence along a public street and sidewalk shall be decorative. Street trees in the street right-of-way, as prescribed by the city forester and section 69.600 of the subdivision regulations, shall be provided along all streets. Street trees shall be located in a planting strip at least five (5) feet wide between the curb and sidewalk, or in structural soil or its equivalent.
(7)
Sidewalks. When redevelopment occurs, public streets shall be designed with a public sidewalk along the frontage of the property being developed.
(b)
Park setbacks. In any yard which adjoins a publicly owned park, buildings may be constructed at the lot line subject to setbacks being provided in accordance with the table below:
(C.F. No. 06-112, § 6, 2-22-06; Ord. No. 11-27, § 1, 4-20-11; Ord 13-22, § 6, 8-21-13; Ord 22-25, § 1, 6-1-22)
In the I1 light industrial district, development is subject to design standards (4), (6), and (7) in section 66.542(a), and portions of buildings on land within one hundred fifty (150) feet of a parcel of land in a residential or traditional neighborhood district shall be subject to design standards (2) and (3).
(Ord 13-22, § 6, 8-21-13)
For an IT transitional industrial district contiguous to a T1M—T4M district, a master plan may be adopted under the provisions of section 66.344(b) and may be amended under the provisions of section 66.344(c). An IT transitional industrial area for which a master plan has been adopted by the city council shall be designated as an ITM district.
(Ord 15-5, § 3, 2-5-15)
The Ford districts are designed specifically for the Ford site for use with the Ford Site Zoning and Public Realm Master Plan, which provides additional standards for specific building types and standards to address sustainability objectives. The Ford districts are intended to provide for a desired mix of residential, civic and commercial uses across the site, and a mix of housing styles, types and sizes to accommodate households of varying sizes, ages and incomes.
(Ord 17-40, § 1, 9-27-17)
The F1 river residential district provides for high quality one-family, two-family, townhouse, and multi-family dwellings with up to six (6) dwelling units each and rear carriage house dwellings with an additional one (1) to two (2) dwelling units in a combined garage structure. The district is characterized by deep setbacks from Mississippi River Boulevard, consistent with the historic form along the parkway.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 1, 4-10-19; Ord 20-17, § 2, 5-13-20)
The F2 residential mixed-use low-rise district provides for compact, pedestrian-oriented residential with at least seventy (70) percent of the development acres dedicated for townhouse use. The district provides for some low-scale multi-family structures, live-work units, and limited neighborhood serving retail, office, civic and institutional uses.
(Ord 17-40, § 1, 9-27-17)
The F3 residential mixed-use mid-rise district provides for a more extensive range of multi-family residential and congregate living types, as well as transit-oriented mixed-use development with retail, office, civic and institutional uses. A variety of housing and land uses within each block is encouraged to provide visual interest and convenient pedestrian access to amenities and services.
(Ord 17-40, § 1, 9-27-17)
The F4 mixed-use high-rise district provides for high density, transit-supportive, pedestrian-oriented multi-family residential and congregate living; with integrated retail, office, civic and institutional uses; and with the scale and mass of buildings moderated by use of vegetative buffers, step backs on upper floors, courtyards, and architectural features that break up the mass of facades.
(Ord 17-40, § 1, 9-27-17)
The F5 business mixed district provides for a variety of multi-family residential, retail, dining, office and service establishments, with buildings oriented to public right-of-way, and ground floor activity that transitions between outdoor public spaces and indoor uses.
(Ord 17-40, § 1, 9-27-17; Ord 20-17, § 3, 5-13-20)
The F6 gateway district is intended to serve as the main entrance and economic heart of the Ford redevelopment site. The district provides for a variety of business and office uses independently or in combination with retail and service establishments. Limited housing, civic and educational uses may also be present. The district is focused on employment activity and complementary work force services.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 2, 4-10-19)
Table 66.921, Ford district uses, lists all permitted and conditional uses in the F1-F6 Ford districts, and notes applicable development standards and conditions.
Table 66.921. Ford District Uses
P—Permitted use C—Conditional use requiring a conditional use permit
Notes to table 66.921, Ford district uses:
(d) Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s) Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 3, 4-10-19; Ord 19-10, § 1, 6-26-19; Ord 19-72, § 2, 1-8-20; Ord 20-17, § 2, 5-13-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
The Ford Site Zoning and Public Realm Master Plan, Chapter 4.5, requires a specific mix of residential, commercial, employment, and civic/institutional uses within each of the six (6) Ford districts. There are minimum and maximum requirements for these four (4) land use types as a percentage of total floor area constructed within a district, including all current and planned construction for the district.
(Ord 17-40, § 1, 9-27-17)
Table 66.931, Ford district dimensional standards, sets forth density and dimensional standards that are specific to Ford districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability. Where an existing building does not conform to the following requirements, the building may be expanded without fully meeting the requirements as long as the expansion does not increase the nonconformity.
Table 66.931. Ford District Dimensional Standards
Min.— Minimum Max.— Maximum ROW— Public Right-of-Way n/a—not applicable
Notes to table 66.931, Ford district dimensional standards:
(a)
Building types are described and defined in Chapter 6 of the Ford Site Zoning and Public Realm Master Plan.
(b)
The minimum lot width figure for townhouses is per unit. Where land under each unit constitutes an individually described lot and all other land required for yards, parking and access constitutes "common" properties jointly owned by the owners of the units, the floor area ratio, lot width, and lot coverage requirements shall be applied to the entire parcel.
(c)
A maximum building height of seventy-five (75) feet may be permitted with a minimum ten (10) foot stepback from all minimum setback lines for all portions of the building above a height of twenty-five (25) feet.
(d)
All portions of a building above a height of twenty-five (25) feet shall be stepped back a minimum of ten (10) feet from all minimum setback lines. The maximum building height may exceed seventy-five (75) feet, to a maximum of one hundred ten (110) feet, subject to the following conditions:
(1)
A minimum of one (1) acre of buildable land in the F1, F2, F3, and/or F4 districts shall have been dedicated or conveyed to the city for public use for parks, playgrounds, recreation facilities, trails, or open space, in excess of the amount of land required to be dedicated for parkland at the time of platting. Such dedication of the additional parkland must be consistent with the criteria for parkland dedication in section 69.511 and is subject to city council approval.
(2)
Maximum developable gross floor area of dedicated land from (c)(1), based on its underlying zoning, may be transferred and added to development allowed in an F4-zoned area, in compliance with other applicable requirements for the district or building, such as FAR, setbacks and open space coverage.
(e)
Building height may exceed sixty-five (65) feet, to a maximum of seventy-five (75) feet, with a minimum ten (10) foot stepback from all minimum setback lines for all portions of the building above a height of thirty (30) feet, except for corner elements and portions of the building facing the civic square identified in the Ford Site Zoning and Public Realm Master Plan, Chapter 8.
(f)
Portions of a parking structure that are less than one (1) story above grade, as defined in Section 60.208, and serve as amenity space shall be excluded from lot coverage by buildings in lot coverage calculations. A building that provides Functional Green Roof Area that faces the right-of-way, civic areas, central stormwater feature, and/or city parks as specified in the Ford Site Zoning and Public Realm Master Plan, can receive a one (1) percent lot coverage bonus for every one (1) percent of Functional Green Roof provided, up to a five (5) percent lot coverage bonus.
(g)
Building setback is the horizontal distance between a lot line and the nearest above-grade point of a building. An interior setback is measured from an interior lot line, which is a lot line separating a lot from another lot or lots. A public right-of-way (ROW) setback is measured from a lot line that is not an interior lot line: a lot line separating a lot from a street, alley, or public way.
(h)
Maximum building setback shall apply to at least sixty (60) percent of the building facade along the right-of-way. Buildings shall be setback a minimum of thirty (30) feet, with no maximum setback, from a lot line separating a lot from Mississippi River Boulevard. The minimum setback for a townhouse from a lot line along Beechwood, Saunders and Yorkshire Avenues, shall be four (4) feet. Civic and institutional buildings are exempt from the maximum setback requirement.
(i)
No setback is required for building walls containing no windows or other openings when the wall meets the fire resistance standards of the Minnesota State Building Code and there is a Common Interest Community (CIC) or recorded maintenance easement that covers the affected properties.
(j)
Civic and institutional buildings are exempt from the minimum FAR requirement.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 4, 4-10-19; Ord 19-54, § 1, 9-11-19; Ord 20-17, § 2, 5-13-20; Ord 21-35, § 1, 10-13-21; Ord 23-30, § 2(Att.) 7-26-23)
In addition to the standards for accessory buildings in Section 63.501, accessory buildings in Ford districts shall be subject to the following regulations:
(a)
Accessory buildings shall meet required public right-of-way setback requirements for a carriage house in F1-F2 districts, and for the principal building on the lot in F3-F6 districts.
(b)
The Ford Site Zoning and Public Realm Master Plan, Chapter 6, regulates the number of accessory buildings permitted on a lot by building type.
(Ord 17-40, § 1, 9-27-17; Ord 19-54, § 1, 9-11-19)
Off-street parking shall be provided as follows. These requirements supersede the parking requirements in section 63.207.
Table 66.942. Vehicle Parking Requirements by Use
GFA—Gross Floor Area
The Ford Site Zoning and Public Realm Master Plan, Chapters 4 and 5, sets vehicle parking facility standards that are in addition to the parking facility standards in chapter 63.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 5, 4-10-19; Ord 19-54, § 1, 9-11-19; Ord. 21-27, § 1, 8-18-21; Ord 23-30, § 2(Att.) 7-26-23)
Bicycle parking and related facilities shall be provided as follows:
Table 66.943. Bicycle Parking Requirements by Use
The Ford Site Zoning and Public Realm Master Plan, Chapter 4.7, sets bicycle parking standards that are in addition to the parking facility standards in chapter 63.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 6, 4-10-19)
(a)
The Ford Site Zoning and Public Realm Master Plan, Chapter 5, sets standards for building and public realm design.
(b)
The Ford Site Zoning and Public Realm Master Plan, Chapters 4, sets standards for vegetation and landscaping, lighting, solar energy, and roofing that are in addition to chapter 63 standards.
(c)
Site plans and other development proposals within the Ford zoning districts shall be consistent with the standards and requirements described in the Ford Site Zoning and Public Realm Master Plan unless the applicant can demonstrate that there are circumstances unique to the property that make compliance impractical or unreasonable.
(Ord 17-40, § 1, 9-27-17; Ord 19-54, § 1, 9-11-19)
A Ford Site Zoning and Public Realm Master Plan, for use with this article to guide redevelopment of the Ford site, shall be adopted by city council resolution after a public hearing and planning commission review and recommendation. Once approved, the Ford Site Zoning and Public Realm Master Plan may be amended as follows:
(a)
Minor amendment. Minor amendments to an approved master plan may be requested by the property owner or developer. The planning administrator shall cause the proposed request to be reviewed by the public works and parks and recreation departments and other affected city departments and may approve minor amendments, including changes of less than ten (10) percent in land area designated for public rights-of-way or park purposes, provided such changes are consistent with the intent of the master plan and, regarding land designated for park purposes, shall not constitute a diversion to other uses or a disposal of that land.
(b)
Major amendment. Major amendments to an approved master plan may be initiated by the city council, the planning commission, or any person having an ownership or leasehold interest (contingent included) in property that is the subject of the proposed modification. Major amendments include changes of ten (10) percent or more in land area designated for public rights-of-way or for park purposes; creation of a new public street or removal of a public street segment; rezoning; diversion or disposal of land designated for park purposes; or addition or removal of an entire block. Major amendments may be approved by city council resolution following planning commission review, public hearing and recommendation. Major amendments affecting land designated for park purposes must follow the procedures in section 13.01.1 of the City Charter prior to adoption of the proposed amendment.
(Ord 17-40, § 1, 9-27-17; Ord 19-54, § 1, 9-11-19)
A master developer for the Ford site shall prepare and record a plat for the Ford site, subject to city council approval under the provisions of chapter 69, subdivision regulations, including dedication of land for public use for streets, storm water drainage and holding areas, parks, playgrounds, recreation facilities, trails, and open space.
(Ord 17-40, § 1, 9-27-17)
A master developer for the Ford site shall prepare and submit a master site plan for the entire site, for planning commission review and approval pursuant to section 61.402, with sufficient detail to demonstrate general compliance with the provisions of this code and the Ford Site Zoning and Public Realm Master Plan, including the required mix of uses within each of the Ford districts. The master site plan may be amended and refined under the provisions of section 61.402 as development takes place in phases over a number of years. The master site plan is in addition to more detailed site plans for development on individual sites that are required to be submitted for review and approval, pursuant to section 61.402, before building permits are issued.
(Ord 17-40, § 1, 9-27-17)
- Zoning Code—Zoning District Uses, Density and Dimensional Standards
Use tables in this chapter list permitted and conditional uses in the primary underlying zoning districts, and note applicable development standards and conditions.
(a)
Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance.
(b)
Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish, change, or expand a conditional use shall obtain a permit for such use as specified in chapter 61.
(c)
Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district, or any use not determined by the planning commission to be substantially similar to a listed permitted or conditional use, shall be prohibited in that district.
(d)
Development standards. Permitted and conditional uses specified with a "✓" in the development standards column shall be subject to the specific standards and conditions of chapter 65, land use definitions and development standards, in addition to all other applicable provisions of this ordinance.
(e)
Combination of uses. Any permitted or conditional uses may be combined on a parcel or within a building, provided that all uses meet all other applicable provisions of this ordinance, including any specific development standards.
The VP vehicle parking district is intended to permit the establishment of off-street parking facilities to be used solely for off-street parking of private passenger vehicles as a use incidental to a principal use. The district will serve a use district which has developed without adequate off-street parking.
Premises in such districts shall be used only for an off-street vehicular parking facility and shall be developed and maintained subject to such conditions as are hereinafter required.
(a)
Lot size. The lot shall have a minimum area of four thousand (4,000) square feet and a minimum width of forty (40) feet. In those instances wherein a VP district abuts a dedicated public alley of at least twenty (20) feet in width, the lot width may be reduced to twenty (20) feet and lot area to two thousand (2,000) square feet if the planning commission finds that the alley can be used as the parking lot maneuvering lane without conflicting with traffic.
(b)
Height of structures. Structures shall have a maximum height of one (1) story and fifteen (15) feet.
(c)
Yard setbacks. The minimum front yard setback shall be four (4) feet. If the districts adjoining the VP district require a greater front yard setback, the minimum front yard setback shall be the minimum required front yard setback set forth in the dimensional standards for the adjoining districts. A visual screen shall be located on the minimum setback line. Minimum side and rear yard setbacks shall be four (4) feet.
(a)
The parking facility shall be accessory to and for use in connection with one or more businesses, industries, institutions, or multifamily residences.
(b)
The parking facility shall be used solely for parking of private passenger vehicles and shall not be used as an off-street loading area.
(c)
No commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking facility.
(d)
No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking facility.
(e)
No building other than that for the shelter of attendants shall be erected upon the premises unless specifically approved by the planning administrator during site plan review.
(f)
Applications for VP district rezoning shall include a site plan which conforms to parking requirements as set forth in section 63.200 and all standards set forth in section 63.300.
(g)
VP vehicular parking districts shall be developed and maintained in accordance with the requirements of section 63.200 and section 63.300.
(C.F. No. 10-403, § 6, 6-16-10)
The PD planned development district is intended to permit more flexible and creative private or public development or redevelopment than is possible under standard zoning classifications. Planned developments shall be harmonious with the general surrounding uses, permitting flexibility in overall development while ensuring adequate safeguards and standards for public health, safety, convenience, and general welfare.
(a)
General criteria. Planned developments shall meet the following general criteria:
(1)
Parcels considered for planned development shall contain a minimum of one and five-tenths (1.5) acres.
(2)
The PD shall be consistent with the comprehensive plan.
(3)
Subdivision of land required by the development shall be concurrent with the rezoning.
(4)
Except for phased development as described in section 66.812, all development shall be completed within three (3) years of the effective date of the rezoning action unless specifically extended by the city council.
(5)
Phasing of development is permitted. The preliminary plan shall indicate development for the total parcel for purposes of rezoning to planned development; final plans for separate phases shall be submitted as amendments prior to execution of each phase.
(6)
If phasing is used, each phase of the PD shall be able to exist as an independent unit so that the area surrounding the PD can be planned and developed in a manner compatible with the PD.
(b)
Procedures, fees. Rezonings to planned development shall conform to procedures set forth in chapter 61. Fees for petitions and applications hereunder shall be established by resolution of the city council.
(a)
Request. Prior to proceeding with a rezoning to planned development, any person may request a pre-application conference with the office of planning administration to determine the feasibility of the plan; to determine whether or not it complies with the comprehensive plan and city requirements and standards; and to determine scheduling of procedures.
(b)
Pre-application requirements. For the purposes of pre-application discussions, the applicant shall submit:
(1)
A site location map showing the relationship of the proposed planned development to surrounding uses and streets.
(2)
A sketch plan of the proposed planned development showing:
a.
Dimensions of the parcel and of individual lots, if included in the PD;
b.
Indication of any outstanding physical characteristics of the property;
c.
Proposed uses;
d.
Residential densities;
e.
Traffic circulation patterns and off-street parking within the development and relationship to existing streets;
f.
Phasing schedule, if appropriate.
Rezoning to planned development requires two (2) reviews and approvals; preliminary plan and final plan; these may be combined. Applications shall include the following information unless specifically waived in writing by the planning administrator.
Application requirements. The applicant shall supply twenty (20) copies of the following:
(a)
Original rezoning petition certified as sufficient.
(b)
A survey of the area to be included in the planned development (1″ = 100′ scale).
(c)
Ground vertical contour intervals of the parcel at intervals of at least two (2) feet; slopes of twelve (12) percent or greater.
(d)
A preliminary site plan of the area carried out in such detail as to show the proposed land uses, densities, common open spaces, system of collector streets, off-street parking and internal circulation. The preliminary plan shall include setbacks, building dimensions, landscaping and elevations. If elevation options are to be offered, that shall be stated.
(e)
A written summary including a description of the proposed development and modifications in the requirements otherwise applicable to the property, including dimensional standards, population densities and land use intensities. In reviewing planned developments, the planning commission may use density and dimensional standards for residential, traditional neighborhood, and industrial districts as guides.
(f)
If platting is required, a sketch plan for the proposed subdivision as described in section 69.309.
(g)
If the planned development is to be constructed in phases, a construction schedule for the completion of each phase.
(a)
Applications for rezoning to planned development shall be submitted to the planning administrator. Applications shall include the required fee and twenty (20) copies of the proposal.
(b)
The planning commission shall hold a public hearing and give mailed notice to all property owners within three hundred fifty (350) feet of the proposed planned development at least ten (10) days before the hearing.
(c)
The planning commission shall forward its recommendation to the city council, which shall also conduct a public hearing with mailed notice thereof to all property owners within three hundred fifty (350) feet of the proposed planned development at least ten (10) days before the hearing.
(d)
The city council may approve, deny, or approve with modifications the planned development. Approval of the preliminary plan shall be effective for a period of one (1) year; no development shall take place therein unless the final plan is approved and adopted by the city council or the applicant withdraws the rezoning application.
(e)
If a final plan is not submitted within one (1) year, the rezoning petition shall be void unless the city council grants an extension.
(a)
Application requirements. The applicant shall supply twenty (20) copies of the following:
(1)
An approved site plan which conforms to the preliminary plan and which includes any modifications required by the city council. The site plan shall include a detailed construction and landscaping schedule, elevations and, if applicable, elevation options.
(2)
A preliminary plat if platting is required.
(3)
Covenants or homeowners' association agreements if applicable.
(b)
Procedure. The planning administrator shall cause the final plan to be reviewed and approved in the manner set forth in section 61.402. If the final plan conforms to the preliminary plan, meets site plan standards, and reflects all modifications as required by the city council, the planning administrator shall forward it to the city council together with a recommendation for approval or denial. If in the planning administrator's opinion the final plan does not conform to the preliminary plan or does not meet site plan standards, the planning commission may hold a hearing and give mailed notice as described in section 66.806.
(c)
Final approval. The city council shall give final approval of the rezoning to the planned development. Such approval shall be by ordinance. The city council may hold a public hearing.
(d)
Plan part of ordinance; recordation; compliance. Upon approval by the city council, the final plan shall become an integral part of the ordinance creating or amending the PD district and, for purposes of recordation, shall be referred to as "Planned Development No. _____," which number shall correspond to the number of the amending ordinance. All approved plans shall be filed with the city clerk. All development within the planned development shall be in compliance with the final plan as adopted by ordinance unless such change constitutes a minor change as described in section 66.810.
The applicant for rezoning to planned development may submit preliminary and final application requirements together for combined review and approval.
The planning commission and city council shall make the following findings in approving a rezoning to PD planned development district:
(a)
The proposed development is not in conflict with the comprehensive plan;
(b)
The proposed development is designed to provide a desirable and unified environment within its own boundaries;
(c)
The proposed uses will not be detrimental to present or future land uses in the surrounding area;
(d)
The exceptions to the standard requirements in the schedule of regulations are justified by the design of the development;
(e)
The PD or phase thereof is of sufficient size, composition and arrangement that its construction, marketing and operation make it feasible as a complete unit without dependence upon any subsequent unit;
(f)
The proposed development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed serve the PD;
(g)
The proposed development is consistent with the reasonable enjoyment of neighboring property.
(a)
Minor changes. Minor changes in the location, design, placement and height of buildings; landscaping; uses and density; or site plan may be authorized by the planning administrator if required by engineering or other circumstances which were unforeseen at the time the final plan was approved.
(b)
Major changes. Changes to the final plan affecting density, use and site plan which the planning administrator determines to be a major alteration of the final plan shall require amendment by the city council.
(c)
Amendment of the final plan. Amendments to the final plan may be approved by the city council, by ordinance, when those amendments are in substantial agreement with the preliminary plan and when those amendments are required by changes in conditions that have occurred since the final plan was approved. In the case of a phased planned development, final plans for phases subsequent to phase I shall be treated as amendments.
The planning commission and the city council shall hold public hearings on amendments to the final plan and shall give mailed notice to all property owners within three hundred fifty (350) feet of the PD at least ten (10) days before the hearings.
Changes to the final plan shall be recorded as amendments to the recorded copy of the final plan.
All development shall be in compliance with the final plan. In the event the applicant fails to complete the development, the parcel reverts to its previous zoning classification.
If a planned development is to be developed in phases, the following requirements apply:
(a)
The parcel shall be a minimum of five (5) acres in size.
(b)
Phases shall be designed to be capable of functioning as independent units. One phase shall not preclude subsequent development of a parcel in the event the entire PD is not developed.
(c)
Phase I of any PD shall constitute at least one-third of the total PD.
(d)
In the case of phased development, the entire PD shall be developed within five (5) years of the rezoning unless extended by the city council.
(e)
In the case of phased development, the city council may accept in lieu of a final plan for the entire PD the following: a final plan for phase I, a preliminary plan for other phases, and a schedule of phasing. Final plans for subsequent phases shall be treated as amendments as described in section 66.810.
The RL large lot residential district is the lowest density residential district. It provides for a semirural environment of predominantly low-density residential uses along with civic and institutional uses, public services and utilities that serve the residents in the district. The district is designed to protect, maintain and enhance wooded areas, wildlife and plant resources, fragile bluff areas, topography and large expanses of natural vegetative cover; to minimize erosion and excessive stormwater runoff; and to provide enough lot area for private wells and individual sewage treatment systems.
(Ord 23-43, § 7, 10-18-23)
The H1 residential district provides for a variety of housing options along with civic and institutional uses, public services and utilities that serve residents in the district. The district allows for reuse and/or conversion of existing homes and infill development in existing neighborhoods, lots, and backyards, without having to demolish existing viable housing.
(Ord 23-43, § 7, 10-18-23)
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.212 and enacted a new § 66.212 as set out herein. Former § 66.212 pertained to intent, R1—R4 one-family residential districts.
The H2 residential district provides for a variety of housing options along with civic and institutional uses, public services and utilities that serve residents in the district. The district allows for reuse and/or conversion of existing homes and infill development in existing neighborhoods, lots, and backyards, without having to demolish existing viable housing. It is intended for use in Neighborhood Nodes and near transit routes along fixed rail and bus rapid transit corridors and high-frequency bus routes.
(Ord 23-43, § 7, 10-18-23)
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.213 and enacted a new § 66.213 as set out herein. Former § 66.213 pertained to intent, RT1 two-family residential districts.
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.214. Former § 66.214 pertained to intent, RT2 townhouse residential districts.
The RM1 low-density multiple-family residential district is intended to provide for an environment of predominantly one- and two-family, townhouse and lower-density multiple-dwelling structures, along with civic and institutional uses, public services and utilities that serve residents in the district, to provide for a variety of housing needs, and to serve as zones of transition between less restricted districts and more restricted districts.
The RM2 medium-density multiple-family residential district is designed for multiple-family residential and supportive, complementary uses. Its intent is to foster and support pedestrian- and transit-oriented residential development and provide for infill housing to meet a variety of housing needs.
(Ord 20-28, § 1, 9-9-20)
The RM3 high-density multiple family residential district is intended to provide sites for high density multiple-dwelling structures adjacent to high-frequency transit service and high traffic generators commonly found in the proximity of major shopping centers and areas abutting major thoroughfares and expressways. It is also designed to serve the residential needs of persons desiring apartment-type accommodations with central services as opposed to the residential patterns found in the RM1 and RM2 multiple-family residential districts.
(Ord 20-28, § 1, 9-9-20)
Table 66.221, residential district uses, lists all permitted and conditional uses in the RL—RM3 residential districts, and notes applicable development standards and conditions.
Table 66.221. Residential District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.221, principal uses in residential districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 08-640, § 3, 7-9-08; Ord No. 11-27, § 1, 4-20-11; Ord 13-51, § 4, 11-13-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 16-13, § 4, 9-14-16; Ord 17-38, § 3, 10-25-17; Ord 18-28, § 2, 10-17-18; Ord 19-10, § 1, 6-26-19; Ord. 21-27, § 1, 8-18-21; Ord 22-3, § 1, 1-19-22; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23)
Table 66.231, residential district dimensional standards, sets forth density and dimensional standards that are specific to residential districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability.
Table 66.231. Residential District Dimensional Standards
Notes to table 66.231, residential district dimensional standards:
(a)
If a two-family or multiple-family dwelling is developed on parcels where only the land immediately beneath each dwelling unit constitutes an individually described lot and all other land required for yards, other open space, parking, and other necessary land as required by this Code constitutes "common" properties, jointly owned by the owners of the described lots beneath each dwelling unit, the minimum size lot per unit is applied to the entire parcel.
(b)
Up to two (2) additional dwelling units for the H1 residential district or one (1) additional dwelling unit for the H2 residential district and an additional five (5) percent lot coverage are permitted on the zoning lot through any combination of the following methods. These additional units are not subject to the minimum lot size per unit standard.
(1)
Affordable rental units. Two (2) additional dwelling units in H1 and one (1) additional dwelling unit in H2 is permitted if at least twenty (20) percent of the total number of principal units on the zoning lot are leased at a rate at or below the sixty (60) percent of the area median income (AMI) rent limits as defined by the Multifamily Tax Subsidy Program published by Minnesota Housing and are affordable to and occupied by households earning up to sixty (60) percent of the area median income for at least ten (10) years. Each affordable unit must have at least the same floor area as another principal dwelling unit on the zoning lot. Prior to issuance of a building permit for the new building (or building expansion or conversion), demonstration of the commitment to affordable housing in accordance with this footnote must be provided as a deed restriction or other contractual agreement with the city, or a city housing and redevelopment authority financing agreement or other similar financing agreement. Upon occupancy of the units, documentation of the households' income qualifications is required.
(2)
Affordable ownership units. One (1) additional dwelling unit is permitted for each principal dwelling unit on the zoning lot that is sold at a price affordable to a household earning up to eighty (80) percent of the area median income as defined by the Metropolitan Council's Livable Communities Act Affordability limits for ownership housing. The affordable dwelling unit must have at least the same floor area as another principal dwelling unit on the zoning lot. Prior to issuance of a building permit, demonstration of the commitment to affordable housing in accordance with this footnote must be provided as documentation of the fair market sales price via an appraisal based on full plans and specifications. Upon sale of the affordable unit to the end buyer, documentation of the household's income qualifications is required, and may include but not be limited to base pay or variable pay, income from business or self-employment, income from financial assets, government transfer payments, and insurance or benefit payments.
(3)
Three-bedroom units. One (1) additional dwelling unit is permitted for each principal dwelling unit on the zoning lot containing three (3) or more bedrooms.
(4)
Conversions of or additions to an existing residential structure. One (1) additional dwelling unit is permitted if at least fifty (50) percent of the floor area of an existing principal residential structure on the zoning lot is retained.
(c)
In the H2 district, the maximum height for buildings with flat or shed roofs is thirty-six (36) feet.
(d)
Where at least fifty (50) percent of the front footage of any block is built up with principal buildings and at least one (1) of the front yard setbacks of the existing principal buildings with front yards that adjoin the front yard of the lot is greater than fifteen (15) feet in the H1-RM3 districts or less than thirty (30) feet in the RL district, the following standards apply:
(1)
Where there are two (2) existing front yards that adjoin the front yard of the lot, the minimum front yard setback is the midpoint between the district standard setback requirement and the larger of the two (2) adjoining front yard setbacks in the H1-RM3 districts or the midpoint between the district standard setback requirement and the smaller of the two (2) adjoining front yard setbacks in the RL district.
(2)
Where only one (1) existing front yard adjoins the front yard of the lot, the minimum front yard setback is the midpoint between the district standard setback requirement and the adjoining front yard setback.
The property owner is responsible for reporting the relevant adjoining front setbacks to the zoning administrator on a certificate of survey.
(e)
The side yard setback requirement from interior lot lines may be reduced or waived when an easement or common wall agreement, certified by the city building official for conformance with the state building code, is recorded on the deeds of the adjoining parcels.
For townhouse structures, side yards are required only for dwelling units on the ends of townhouse structures.
In RM1 and RM2 districts, the minimum side yard setback for a one-family dwelling, two-family dwelling, and multiple-family dwellings of thirty-five (35) feet in height or less on lots of sixty (60) feet width or narrower is five (5) feet.
(f)
See section 65.130(a) for additional lot size requirements for cluster developments.
The maximum number of principal units per lot does not apply to cluster developments.
See section 65.130(c) for maximum lot coverage for all buildings for cluster developments.
(g)
Floor area ratio (FAR) is prorated upon the percentage of parking that is provided as structured parking. The FAR maximum may be increased by 0.5 if at least ten (10) percent of the dwelling units on the zoning lot are affordable at sixty (60) percent of the area median income for at ten (10) years. The FAR maximum may be increased by an additional 0.5 (total of 1.0 increase) if at least twenty (20) percent of the dwelling units on the zoning lot are affordable at sixty (60) percent of the area median income for at least ten (10) years. Units required to be affordable must be occupied by households earning up to sixty (60) percent of the area median income. Prior to issuance of a building permit for the new building (or building expansion), demonstration of the commitment to affordable housing in accordance with this footnote must be provided as: a deed restriction or other contractual agreement with the city, or a city housing and redevelopment authority financing agreement or other similar financing agreement. Upon occupancy of the units, documentation of households' income qualifications is required.
(h)
On lots more than sixty (60) feet wide and on corner lots, a maximum height of forty-five (45) feet may be permitted with a conditional use permit.
(i)
If at least half of provided parking is structured parking, a maximum building height of seventy-five (75) feet may be permitted with a conditional use permit. A shadow study may be required for a conditional use permit application to help determine the impact of the additional height.
(j)
For portions of a building over fifty (50) feet in height, the minimum side and rear yard setbacks are twenty-five (25) feet or nine (9) feet plus one-half the building height over fifty (50) feet, whichever is less.
(k)
For property along Grand Avenue between Fairview Avenue and Cretin Avenue, between lines defined by the parallel alleys immediately north and south of Grand Avenue, building height is limited to four (4) stories and forty (40) feet.
(l)
In the RL-RM1 districts, permitted and conditional principal uses other than residential uses must meet the dimensional standards for the RM2 district.
(Ord 13-36, § 2, 6-26-13; Ord 15-33, § 3, 7-22-15; Ord 20-28, § 1, 9-9-20; Ord 20-30, § 1, 9-23-20; Ord. 21-27, § 1, 8-18-21; Ord 22-1, § 3, 1-19-22; Ord 23-43, § 7, 10-18-23; Ord 25-34, § 7, 7-16-25)
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.232. Former § 66.232 pertained to maximum lot coverage and derived from Ord 15-33, § 4, adopted July 22, 2015 and Ord 20-28, § 1, adopted September 9, 2020.
For principal residential structures in the H1 residential district in planning districts 14 and 15, sidewall articulation is required for building faces that exceed thirty-five (35) feet in length for new construction and additions that increase the floor area by more than fifty (50) percent of the existing building footprint. Articulation must be in the form of a structural projection of at least one (1) foot in depth and six (6) feet in length, and at least one (1) story tall starting at or below the first floor elevation. New construction and additions that maintain the same footprint and property with local heritage preservation site or district designation are exempt from this requirement.
(Ord 15-33, § 5, 7-22-15; Ord 20-30, § 1, 9-23-20; Ord 22-1, § 1, 1-19-22; Ord 23-43, § 7, 10-18-23)
Editor's note— Ord 22-1, § 3, adopted January 19, 2022, repealed § 66.233, which pertained to residential district density and dimensional standards; minimum building widths and renumbered § 66.234 as § 66.233.
Editor's note— Ord 23-43, § 7, adopted October 18, 2023, repealed § 66.234. Former § 66.234 pertained to sidewall articulation and derived from Ord 15-33, § 5, adopted July 22, 2015 and Ord 20-30, § 1, adopted September 23, 2020.
The design standards in section 66.343(b)(2), (3), (7), (9), (11), (14), (15), (16), (19), (20), (21), (22), and (23) shall apply to multiple-family dwellings, along with the provisions in section 66.343(a).
(Ord 20-28, § 1, 9-9-20; Ord 22-1, § 3, 1-19-22)
Editor's note— Ord 22-1, § 3, adopted January 19, 2022, repealed § 66.241, which pertained to required conditions; number of main (principal) buildings and renumbered §§ 66.242 and 66.243 as §§ 66.241 and 66.242.
Editor's note— Ord. No. 25-34, § 7, adopted July 16, 2025, repealed § 66.242. Former § 66.242 pertained to parking requirements in RM1—RM3 multiple-family residential districts and derived from Ord 20-28, § 1, adopted September 9, 2020 and Ord 22-1, § 3, adopted January 19, 2022.
TN traditional neighborhood districts are intended to foster the development and growth of compact, pedestrian-oriented urban villages. All four (4) districts are intended to encourage a compatible mix of commercial and residential uses within buildings, sites and blocks; new development in proximity to major transit streets and corridors; and additional choices in housing.
(Ord. No. 11-27, § 1, 4-20-11)
The T1 traditional neighborhood district is intended to provide for compact, pedestrian-oriented mixed-use areas of limited size, with a variety of residential, office and service uses that primarily serve neighborhood needs. It is also intended to serve as a transitional use of land along major thoroughfares, between commercial or industrial districts and residential districts or other less intensive land uses.
(Ord. No. 11-27, § 1, 4-20-11)
The T2 traditional neighborhood district is designed for use in existing or potential pedestrian and transit nodes. Its intent is to foster and support compact, pedestrian-oriented commercial and residential development that, in turn, can support and increase transit usage. It encourages, but does not require, a variety of uses and housing types, with careful attention to the amount and placement of parking and transitions to adjacent residential neighborhoods.
(Ord. No. 11-27, § 1, 4-20-11)
The T3 traditional neighborhood district provides for higher-density pedestrian- and transit-oriented mixed-use development. It is designed for development or redevelopment of land on sites large enough to support:
(a)
A mix of uses, including residential, commercial, civic and open space uses in close proximity to one another;
(b)
A mix of housing styles, types and sizes to accommodate households of varying sizes, ages and incomes;
(c)
A system of interconnected streets and paths that offer multiple routes for motorists, pedestrians and bicyclists, and are connected to existing and future streets;
(d)
A system of open space resources and amenities; and incorporation of environmental features into the design of the neighborhood.
The T3 district is also intended for smaller sites in an existing mixed-use neighborhood center where some of the above elements already exist, or in an area identified in the comprehensive plan as a potential "urban village" site. The above elements may be found within the T3 district or adjacent to it; the intent is that all would be present within a reasonable walking distance.
(Ord. No. 11-27, § 1, 4-20-11)
The T4 traditional neighborhood district provides for high-density, transit-supportive, pedestrian-friendly mixed-use development. It is particularly intended for use near transit stops along fixed rail transit (including commuter rail, light rail and trolley) corridors, where a greater reliance on transit makes high-density mixed-use development possible and desirable.
(Ord. No. 11-27, § 1, 4-20-11)
Table 66.321, traditional neighborhood district uses, lists all permitted and conditional uses in the T1—T4 traditional neighborhood districts, and notes applicable development standards and conditions.
Table 66.321. Traditional Neighborhood District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.321, principal uses in traditional neighborhood districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 08-640, § 4, 7-9-08; Ord No. 11-26, § 2, 3-23-11; Ord No. 11-27, § 1, 4-20-11; Ord No. 12-26, § 1, 5-23-12; Ord 13-44, § 2, 8-28-13; Ord 13-51, § 5, 11-13-13; Ord 13-57, § 3, 12-4-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 16-25, § 1, 8-17-16; Ord 16-13, § 5, 9-14-16; Ord 17-1, § 3, 1-25-17; Ord 17-38, § 4, 10-25-17; Ord 19-10, § 1, 6-26-19; Ord 19-72, § 2, 1-8-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
Table 66.331, traditional neighborhood district dimensional standards, sets forth density and dimensional standards that are specific to traditional neighborhood districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability. Where an existing building does not conform to the following requirements, the building may be expanded without fully meeting the requirements as long as the expansion does not increase the nonconformity.
Table 66.331. Traditional Neighborhood District Dimensional Standards
Min. - Minimum Max. - Maximum FAR - Floor Area Ratio n/a - not applicable
Notes to table 66.331, traditional neighborhood district dimensional standards:
(a)
In calculating the area of a lot that adjoins a dedicated public alley, for the purpose of applying minimum lot area and maximum density requirements, one-half the width of such alley adjoining the lot shall be considered part of the lot. The minimum FAR applies to new buildings. The minimum FAR does not apply to the creation or reconfiguration of lots, or to removal of buildings. For a new building on a zoning lot where an existing building will remain, or where the new building and its associated parking and landscaping will cover only part of the site and leave the rest of the site open for an additional building, minimum FAR may be calculated based on the area of the site covered by the new building and its associated parking and landscaping. Public gathering areas, landscaped areas at least twenty (20) feet wide preserved for future development between the public right-of-way and parking, and land dedicated to the city as public right-of-way may be approved by the planning administrator as counting toward meeting the minimum FAR.
(b)
Units per acre is calculated based on net acreage. Density based on units per acre must be calculated for parcels of an acre or more in size. For smaller parcels, the maximum number of units may be calculated based upon minimum lot size per unit.
In calculating the area of a lot for the purpose of applying lot area and density requirements, the lot area figure may be increased by six hundred (600) square feet for each parking space (up to one (1) parking space per unit) within a multiple-family structure or a structured parking facility. The maximum number of units possible on a lot using this lot area bonus can be calculated using the formula: Maximum units allowed = Lot Area ÷ (minimum lot area per unit - 600).
(c)
Floor area ratio (FAR) shall be prorated upon the percentage of parking that is provided as structured parking. A minimum FAR of 0.5 is required in light rail station areas. Thirty (30) percent of the floor area of structured parking within, above, or below the principal structure may be counted toward meeting the minimum FAR.
(d)
1.0-3.0 FAR in light rail station areas for lots more than twenty-five thousand (25,000) square feet in area, with no maximum FAR in T4. The floor area of structured parking above or below space used for principal uses, up to an amount equal to the floor area of the principal uses, may be counted toward meeting the minimum FAR. For lots more than twenty-five thousand (25,000) square feet partly in a light rail station area, minimum FAR shall be prorated upon the percentage of the lot in a light rail station area.
(e)
Except in the river corridor overlay district, height of structures may exceed the maximum if set back from side and rear setback lines a distance equal to additional height. Structures shall be no more than twenty-five (25) feet high along side and rear property lines abutting RL-H2 residential districts; structures may exceed this twenty-five (25) foot height limit if stepped back from side and rear property lines a distance equal to the additional height.
(f)
A maximum height of forty-five (45) feet may be permitted with a conditional use permit.
(g)
Except in the river corridor overlay district and within light rail station areas between Lexington Parkway and Marion Street, a maximum height of ninety (90) feet may be permitted with a conditional use permit. Structures shall be stepped back one (1) foot from all setback lines for every two and one-half (2½) feet of height over seventy-five (75) feet. A shadow study may be required for a conditional use permit application to help determine the impact of the additional height.
(h)
Additional height may be permitted with a conditional use permit. Structures shall be stepped back one (1) foot from all setback lines for every two and one-half (2½) feet of height over seventy-five (75) feet. A shadow study may be required for a conditional use permit application to help determine the impact of the additional height.
(i)
Where at least fifty (50) percent of the front footage of any block is built up with principal residential buildings and the front yard setbacks of existing buildings with front yards that adjoin the front yard of the lot are all greater or all less than the district standard setback requirement, the minimum front yard setback for new buildings shall be the same as the adjoining front yard setback that is closest to the district standard setback requirement, except where only one existing front yard adjoins the front yard of the lot the minimum front yard setback for new buildings shall be the midpoint between the district standard setback requirement and the adjoining front yard setback. The property owner is responsible for reporting the relevant adjacent existing front setback to the zoning administrator on a registered land survey. The minimum front yard setback shall not exceed the maximum front yard setback requirement. Sixty (60) percent of the front facade must fall within the maximum setback. For local heritage preservation sites, the standard may be modified to comply with the preservation program and design review guidelines.
(j)
For properties fronting on University Avenue between Marion and Emerald Streets a minimum four (4) foot front yard setback is required. The four (4) foot setback shall be either landscaped or paved. If paved (preferred), the property owner may provide a permanent easement to the City to provide additional sidewalk space. An additional six (6) feet may be added to provide an outdoor activity zone, pedestrian seating or amenities, resulting in a building setback of ten (10) feet. For local heritage preservation sites, the standard may be modified to comply with the preservation program and design review guidelines.
(k)
No side or rear yards are required along the interior lot lines except as otherwise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows or other openings, yards of not less than six (6) feet shall be provided. Side and rear yards of at least six (6) feet shall be required when a nonresidential use adjoins a side yard of a residential property. These setback requirements from interior lot lines shall be waived when an easement agreement is recorded as to the affected properties. Proof of such recorded easement shall be provided at the time of application for a building permit. The recording of the easement agreement shall be interpreted to mean that the following intents and purposes of these setback requirements are met: adequate supply of light and air to adjacent property; sufficient space for maintenance of the building from the same lot; and prevention of damage to adjoining property by fire or runoff from roofs. The setback shall be a minimum of thirteen (13) feet from the centerline of an adjoining alley.
(l)
For the T3M Upper Landing area bounded by Chestnut Street, Spring Street, Smith Avenue and the Mississippi River, a maximum height of sixty-five (65) feet may be permitted without a conditional use permit, and a maximum height of one hundred (100) feet may be permitted with a conditional use permit, provided that such developments, to the extent reasonably possible, follow the design guidelines of the "Sustainable Decisions Guide for City Facilities" or other sustainable development guidelines. For the T3M Victoria Park area generally bounded by W. 7th Street, Otto Avenue, Shepard Road and Montreal Way, a maximum height of seventy-five (75) feet may be permitted with a conditional use permit. For the T3M West Side Flats area generally bounded by Wabasha Street, Plato Boulevard, Robert Street, and the Mississippi River, the maximum permitted building heights shall be as shown on Figure 5.4 of the West Side Flats Master Plan and Development Guidelines adopted by the city council on June 10, 2015; for the parcels on the northeast and northwest corners of Robert Street and Plato Boulevard, a maximum height of seventy-five (75) feet may be permitted without a conditional use permit, and a maximum height of ninety (90) feet may be permitted with a conditional use permit. A shadow study and/or view analysis shall accompany the conditional use permit application to help determine the impact of the additional height.
(Ord. No. 11-27, § 1, 4-20-11; Ord 14-12, § 2, 6-4-14; Ord 15-5, § 3, 2-5-15; Ord 15-20, § 2, 6-10-15; Ord 21-27, § 1, 8-18-21; Ord 22-1, § 3, 1-19-22; Ord 25-34, § 7, 7-16-25)
(a)
Placement of parking. Surface parking may be located:
(1)
To the rear of the principal building or within the rear yard of the parcel.
(2)
In an interior side yard if rear parking is impractical or insufficient, provided that surface parking areas and entrance drives occupy no more than fifty (50) percent of the total lot frontage. Surface parking areas in light rail station areas shall occupy no more than sixty (60) feet of the lot frontage.
(3)
On a separate lot, in compliance with section 63.303.
(4)
If a variance of this parking placement requirement is necessary to allow parking in front of a building because of special needs and site constraints, there should be a good pedestrian connection between the sidewalk and building entrance, and the area should be well landscaped.
(b)
In the T1 district, all activities except for off-street parking and loading shall take place within completely enclosed buildings, with the exception of outdoor seating areas for coffee shops or similar uses.
(c)
Storefronts or ground floors originally designed for commercial use shall not be converted to more than fifty (50) percent residential use without a conditional use permit. In conversion from commercial to residential use, the elements of traditional storefront design, where present, shall be retained. These include door and window openings, display windows, intermediate cornice lines, sign bands, awnings, arcades, and primary entrances facing the public street.
(d)
In mixed-use buildings, nonresidential uses shall be located on the first floor or lower floors of the building. Residential units in mixed-use buildings may be located on any floor, but not directly beneath a nonresidential use.
(C.F. No. 10-403, § 6, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord 14-12, § 3, 6-4-14; Ord. 21-27, § 1, 8-18-21)
(a)
Placement of parking. Surface parking may be located:
(1)
To the rear of the principal building or within the rear yard area of the parcel.
(2)
In an interior side yard if rear parking is impractical or insufficient. Surface parking areas and entrance drives accessory to a principal building or use may occupy no more than sixty (60) feet of the total lot frontage.
(3)
On a separate lot, in compliance with section 63.304, provided that surface parking is not permitted as the principal use of a lot unless it is shared among multiple businesses or uses.
(4)
If a variance of this parking placement requirement is necessary to allow parking in front of a building because of special needs and site constraints, there should be a good pedestrian connection between the sidewalk and building entrance, and the area should be well landscaped.
(C.F. No. 10-403, § 6, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord. 21-27, § 1, 8-18-21)
(a)
Applicability. The traditional neighborhood district design standards under paragraph (b) below apply to development within T1—T4 traditional neighborhood districts, as indicated in table 66.343, applicability of traditional neighborhood district design standards. Site plans and other development proposals within traditional neighborhood districts shall be consistent with the applicable design standards unless the applicant can demonstrate that there are circumstances unique to the property that make compliance impractical or unreasonable. In cases where more specific design standards or guidelines have been developed as part of city council-approved master plans, small area plans, or other city-approved plans for specific sites, those shall take precedence. All standards in section 63.110, general design standards, are also applicable to development within T1—T4 traditional neighborhood districts.
Table 66.343. Applicability of Traditional Neighborhood District Design Standards
(b)
Traditional neighborhood district design standards.
(1)
Land use diversity. In general, it is desirable for each block to include some diversity in housing type, building type, and mix of land uses. In T3M districts any two (2) abutting block faces shall include more than one (1) land use or building type.
(2)
Transitions to lower-density neighborhoods. Transitions in density or intensity shall be managed through careful attention to building height, scale, massing and solar exposure.
(3)
Block length. Block faces in mixed use areas shall typically not exceed four hundred (400) feet. Block faces in residential areas shall typically follow the pattern of neighboring blocks, but shall not exceed six hundred sixty (660) feet, the length of the standard Saint Paul block. This standard may be modified to ensure compliance with the city's adopted comprehensive plan and development or project plans for sub-areas of the city.
(4)
Compatible rehabilitation and reuse. Remodeling, additions or other alterations to existing traditional buildings shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. Original materials shall be retained and preserved to the extent possible.
(5)
Use established building facade lines. New buildings shall relate to the established building facade line on the block where they are located. On most nonresidential or mixed use blocks, this is the inside edge of the sidewalk. For corner buildings, each facade that fronts a public street shall maintain the established building facade line. Portions of the facade may be set back a greater distance to emphasize entries or create outdoor seating and gathering areas.
(6)
Buildings anchor the corner. New buildings on corner lots shall be oriented to the corner and both public streets. On corner lots at light rail transit station platforms, no portion of a structure shall be permitted in the triangular area of the lot included within fifteen (15) feet of the corner along each lot line.
(7)
Front yard landscaping. Front yard areas located between the principal building and the street shall be landscaped, except on University Avenue where the first four (4) feet may be paved similar to the public sidewalk. Other hard surfaced front yard areas should include amenities such as benches, tables, and planters.
(8)
Building facade continuity. New buildings along commercial and mixed-use streets shall provide a continuous facade along the street. Where breaks occur, the street edge shall be continued through the use of fencing, low walls and/or landscaping.
(9)
Building facade articulation. The bottom twenty-five (25) feet of buildings shall include elements that relate to the human scale. These should include doors and windows, texture, projections, awnings and canopies, ornament, etc.
(10)
Building height - treatment of 1-story buildings. New buildings of two (2) or more stories are encouraged. One-story buildings shall be designed to convey an impression of greater height in relation to the street. This can be achieved through the use of pitched roofs with dormers or gables facing the street, a higher parapet, and/or the use of an intermediate cornice line to separate the ground floor and the upper level.
(11)
Definition of residential entries. Porches, steps, pent roofs, roof overhangs, hooded front doors or similar architectural elements shall be used to define all primary residential entrances.
(12)
Entrance location. There shall be a primary pedestrian building entrance on all arterial or collector streets. At a corner location where both streets are arterial or collector streets, this standard may be satisfied with a single entrance at the corner. In multi-tenant buildings, any ground floor use with street frontage shall have an entrance facing the street.
(13)
Door and window openings - minimum and character.
a.
For new commercial and civic buildings, windows and doors or openings shall comprise at least fifty (50) percent of the length and at least thirty (30) percent of the area of the ground floor along arterial and collector street facades.
b.
Windows shall be designed with punched and recessed openings, in order to create a strong rhythm of light and shadow.
c.
Glass on windows and doors shall be clear or slightly tinted, and allow views into and out of the interior.
d.
Window shape, size and patterns shall emphasize the intended organization of the facade and the definition of the building.
(14)
Materials and detailing.
a.
Residential buildings of more than six (6) units and nonresidential or mixed use buildings shall be constructed of high-quality materials such as brick, stone, textured cast stone, tinted masonry units, concrete, glass or metal. The following materials are generally not acceptable:
-
Unadorned plain or painted concrete block;
-
Tilt-up concrete panels;
-
Synthetic stucco products;
-
Reflective glass; and
-
Vinyl, fiberglass, asphalt or fiberboard siding.
b.
All building facades visible from a public street or walkway shall employ materials and design features similar to those of the front facade.
(15)
Screening of equipment and service areas. If an outdoor storage, service or loading area is visible from adjacent residential uses or a public street or walkway, it shall be screened by a decorative fence, wall or screen of plant material at least six (6) feet in height. Fences and walls shall be architecturally compatible with the primary structure.
(16)
Interconnected street and alley network. The existing street and alley network shall be preserved and extended as part of any new development. If the street network has been interrupted, it shall be restored whenever possible. Cul-de-sac streets are discouraged; crescent-shaped or courtyard street arrangements may be used when street connections are impractical.
(17)
On-street parking. Streets shall generally have parking on both sides to buffer pedestrians, calm traffic and supplement off-street parking unless the space is needed to accommodate traffic volume, emergency vehicles, transit or deliveries. Parking bump-ins are permitted in special cases (such as adjacent to large development sites) in conjunction with a redevelopment project that has at least three-hundred (300) feet of street frontage.
(18)
Parking location and design.
a.
Off-street parking shall be provided within a principal structure, underground, or to the rear of buildings to the greatest extent possible. Limited side yard parking may be appropriate. Entrance drives and garage doors for underground or structured parking may face the street, except adjacent to light rail transit platforms, but shall be designed for pedestrian convenience and safety.
b.
Surface parking shall not be located within thirty (30) feet of a corner. Buildings shall be located to emphasize and "anchor" the corner whenever possible.
c.
Vehicular entrances to structured parking shall be minimized so that they do not dominate the street frontage of the building. Possible techniques include recessing the entry; extending portions of the structure over the entry; using screening and landscaping to soften the appearance of the entry; using the smallest curb cut and driveway possible; and subordinating the vehicular entrance to the pedestrian entrance in terms of size, prominence in the streetscape location, and design emphasis.
d.
New above-grade parking structures fronting on arterial and collector streets shall be lined with active commercial/retail uses at street level with direct access to the sidewalk.
e.
Upper levels of new parking structures shall be designed with exterior wall treatments, detailing, fenestration and materials that screen the view of vehicles and relate to existing adjacent buildings.
(19)
Residential garage location. Attached residential garages shall be recessed at least ten (10) feet behind the front facade of the building. Detached residential garages shall be located in the side or rear yard, recessed at least twenty-five (25) feet behind the front facade of the building. When an alley is present, garages shall be located in the rear yard and accessed through the alley. Individual residential unit garage entrances shall be off alleys or interior courtyards.
(20)
Parking lot lighting. Pedestrian-scale lighting shall be provided within parking areas. Light standards shall be no more than twenty-five (25) feet in height in parking lots and sixteen (16) feet in height along interior sidewalks and walkways, and have a downcast glow.
(21)
Entrance location for transit access. New and existing retail, office and multifamily housing shall coordinate with the transit agency in locating bus stops and related improvements. Building entrances shall be located to provide easy access to bus stops and shelters.
(22)
Street trees. Street trees in the street right-of-way, as prescribed by the city forester and section 69.600 of the subdivision regulations, and other landscape improvements shall be provided along all streets at regular intervals to help define the street edge, buffer pedestrians from vehicles, and provide shade. Trees shall be located in a planting strip at least five (5) feet wide between the curb and sidewalk, or in a planter or planting structure of a design acceptable to the city.
(23)
Sidewalks. Streets shall be designed with sidewalks on both sides except where they abut a park or other open space. Sidewalk width shall be at least five (5) feet, and six (6) feet or more in areas of high pedestrian activity. The T4 district is defined as an area of high pedestrian activity.
(Ord. No. 11-27, § 1, 4-20-11)
(a)
Previous plans. Any pre-existing city-approved plans, such as small area plans, station area plans, precinct plans or master plans, prepared for the site or the surrounding area shall be incorporated as appropriate in preparing any development plan for a T3 or T4 traditional neighborhood district site. It is understood that these plans may occasionally be amended as conditions change. The intent of such plans shall be realized to the extent possible in any subsequent development plans. For a T3 or T4 development site that, together with adjoining T3 or T4 parcels of land held by the same owner, is fifteen (15) acres or more in area, prior to issuance of building permits for new buildings on the site, a conceptual site plan shall be provided showing how the land under single ownership will be developed in conformance with any pre-existing city-approved plans.
(b)
Master plan. For a contiguous area of at least fifteen (15) acres in traditional neighborhood districts, a master plan may be provided for review and recommendation by the planning commission and approval by city council resolution. The master plan may be already in existence, or it may be prepared by city staff or by the applicant or developer. A traditional neighborhood area for which a master plan has been adopted by the city council shall be designated as a T1M, T2M, T3M, and/or T4M district. The master plan may include additional regulations or provide specified relief from zoning regulations if the plan as a whole results in improved implementation of the comprehensive plan and of the zoning code's intent. The master plan may include the following information.
(1)
Location maps of suitable scale showing the boundaries and dimensions of the site within the context of the community and adjacent parcels, including:
a.
Locations of any streets; railroads; significant natural, geographic or topographic features; and other major features within five hundred (500) feet of the site; and
b.
Existing parks, open space, major institutions, and concentrations of commercial use within one-half mile of the site.
(2)
A site inventory and analysis to identify site resources and constraints, including floodplain, wetlands, poorly drained soils, soils with bedrock near surface, utility easements, slopes greater than twelve (12) percent, and areas of possible soil contamination.
(3)
Plan graphics, including but not limited to the following:
a.
Topographic contours at five-foot intervals.
b.
Layout of blocks.
c.
Circulation system, indicating existing and proposed streets or rights-of-way, transit stops, bike routes, sidewalks and other walkways.
d.
Street classification system, designating streets by function within the site.
e.
Block-level analysis, designating blocks or portions of blocks as "mixed residential," "mixed use," "edge," "transition," or other (see section 66.345 Traditional neighborhood district master plan elements) and identifying primary building types on each block. Blocks may be designated for a range of traditional neighborhood elements and building types. Undesignated blocks would allow the full range of uses and building types.
f.
Open space plan, including areas to be set aside as public or private open space and their preliminary design treatment.
g.
Preliminary landscape plan, indicating street trees and landscape treatment of streets and public spaces.
(4)
Plan graphics may include examples of building elevations for each building type; an indication of building scale, height, massing, parking location and relationship to the street; visual analysis of impact on critical views and vistas; and examples of streetscape and other public improvements, including light fixtures, screening walls and fences, benches and other street furniture.
(5)
A preliminary stormwater plan, identifying any wetlands or floodplain, and preliminary locations of structures and methods to be used in managing stormwater and surface water on the site. Integration of stormwater treatment into the landscape and site design is encouraged, as is the use of natural methods such as ponds, wetlands or swales.
(6)
Phasing plan, where applicable, including the phasing of open space and street improvements.
(7)
Utilities plan, indicating existing conditions and proposed changes, as appropriate.
(c)
Changes to master plan. Once approved, a master plan may be modified as follows:
(1)
Minor modification. Minor modifications to an approved master plan may be requested by the property owner or developer. The planning administrator may approve minor modifications, including changes of less than ten (10) percent in land area designated in a specific category, provided such changes are consistent with the intent of the master plan.
(2)
Major modification. Major modifications to an approved master plan may be initiated by the city council, the planning commission, or any person having an ownership or leasehold interest (contingent included) in property that is the subject of the proposed modification. Major modifications include changes of ten (10) percent or more in land area designated in a specific category; creation of a new public street or removal of a public street segment; removal of a park or open space area; or addition or removal of an entire block. Major modifications may be approved as an amendment to the master plan by city council resolution following planning commission review, public hearing and recommendation.
(Ord. No. 11-27, § 1, 4-20-11; Ord 15-5, § 3, 2-5-15; Ord 22-25, § 1, 6-1-22)
Editor's note— Former § 66.345, renumbered and amended by Ord. No. 11-27, § 1, adopted April 20, 2011.
This section applies to T3M and T4M districts for which a master plan designates blocks or portions of blocks as "mixed residential," "mixed use," "open space," "edge," or "transition area." A T3M traditional neighborhood district of fifteen (15) or more acres in area should include, at a minimum, a mixed residential area and the specified minimum percentage of open space within one-quarter (¼) mile of a mixed-use neighborhood center. These elements may be found within the T3M district or adjacent to it; the intent is that they would be present within a reasonable walking distance. A mixed use area and/or an edge/transition area may also be required, depending on the criteria listed below.
(a)
Mixed use area. The mixed use area consists of service and retail commercial uses, workplaces, civic uses, housing, and public open space. It contains the broadest variety of land uses, and is intended to function as a center of activity for residents of the entire T3 district and, potentially, surrounding areas.
(1)
All residential lots within a T3M or T4M traditional neighborhood district should be located within approximately one-half mile of an existing or proposed mixed use area. The mixed use areas may be existing adjacent mixed use areas such as neighborhood commercial nodes.
(2)
A mixed use area shall be composed of at least two of the following land use categories, as categorized in table 66.321, principal uses in traditional neighborhood districts:
a.
commercial uses, such as general retail, restaurants, offices, services and accommodations
b.
residential uses, not including one-family or two-family dwellings
c.
civic and institutional uses such as school, place of worship, community meeting facility, library, and transit station
(3)
A new mixed use area shall also include centrally located public open space, in the form of a square, park or plaza.
(b)
Mixed residential area. A mixed residential area consists of a variety of housing types and limited office and service uses. It may be located anywhere within the district and is intended to be linked to surrounding areas by interconnected streets, paths and open spaces.
(1)
A minimum of fifty (50) percent of all dwelling units in a mixed residential area shall consist of multifamily units, units in mixed-use buildings, and/or attached single-family units such as townhouses and live-work units.
(2)
If over fifty (50) units are proposed in a site plan or master plan, at least two housing types shall be included from the following categories:
a.
One- and two-family dwellings
b.
Attached units such as townhouses and live-work units
c.
other multifamily dwellings
(3)
For infill development, the required mix of residential uses may be satisfied by existing adjacent residential uses within a two-block radius.
(4)
Up to twenty (20) percent of total floor area may consist of office and limited service uses as part of live-work units or integrated into residential structures.
(5)
All residential lots shall be located within one-half (½) mile of existing or planned public or common open space.
(c)
Edge or transition area. An edge area may be required as a lower-density transitional zone responding to adjacent uses. The required mix of housing types specified in the previous sections shall not apply in transition areas. Densities and uses will depend on adjacent conditions.
(d)
Open space areas. For a T3M district of fifteen (15) or more acres in area, a minimum of twenty (20) percent of a district's gross acreage, exclusive of street or alley right-of-way, shall be defined in the master plan as open space, which may include undevelopable areas such as steep slopes and wetlands, and stormwater basins.
(1)
A minimum of fifty (50) percent of the required open space shall be accessible to and usable by the public, such as a central square or plaza, neighborhood parks, greenways, trail corridors, or extensions of existing parks on the periphery (as specified in comprehensive or small area plans, or in the master plan process).
(2)
Existing parks or open space adjacent to the area may satisfy the open space requirement; a fee-in-lieu of park dedication may be required for enhancements to such adjacent existing parks or open space.
(Ord. No. 11-27, § 1, 4-20-11)
Editor's note— Former § 66.344, renumbered and amended by Ord. No. 11-27, § 1, adopted April 20, 2011.
The office-service district is intended to accommodate various types of office and service uses performing administrative, professional and personal services and to serve as a transitional use between the more intensive uses of land such as major thoroughfares or commercial districts and the less intensive uses of land such as one-family residential.
The B1 local business district is intended to permit those uses as are necessary to satisfy the basic convenience shopping or service needs of persons residing in nearby residential areas.
The BC community business (converted) district is a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses which do not generate large amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of this district to provide parking for employees who work in buildings which are converted from residential to business use.
The B2 community business district is intended to serve the needs of a consumer population larger than that served by the "local business district," and is generally characterized by a cluster of establishments generating large volumes of vehicular and pedestrian traffic.
The B3 general business district is intended to provide sites for more diversified types of businesses than those in the B1 and B2 business districts, and is intended for use along major traffic arteries or adjacent to community business districts.
The B4 central business district provides for a variety of retail stores and related activities, office buildings and service establishments which occupy the prime frontages in the central business district and serve a consumer population beyond the corporate boundaries of the city. The district is also designed to provide for the needs of the daytime work force, a central business district resident population and a transient population, along with the recreation demands of such population groups.
The B5 central business-service district is intended to provide necessary services for the population area which is served by all of the previous business districts. Such service establishments often involve objectionable influences, such as noise from heavy service operations and large volumes of truck traffic, and are thus incompatible with the previous business districts. The district provides for wholesaling, restricted manufacturing and other business uses which are needed in proximity to the central business district and require central location to permit serving of the entire city.
Table 66.421 business district uses, lists all permitted and conditional uses in the OS—B5 business districts, and notes applicable development standards and conditions.
Table 66.421. Business District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.421, principal uses in business districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 05-441, § 4, 8-24-05; C.F. No. 07-633, § 2, 8-15-07; C.F. No. 07-1148, § 2, 1-9-08; C.F. No. 08-640, § 5, 7-9-08; Ord No. 10-33, § 2, 10-27-10; Ord No. 11-26, § 2, 3-23-11; Ord No. 11-27, § 1, 4-20-11; Ord No. 12-26, § 1, 5-23-12; Ord 13-51, § 6, 11-13-13; Ord 13-57, § 3, 12-4-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 17-1, § 4, 1-25-17; Ord 17-38, § 5, 10-25-17; Ord 19-10, § 1, 6-26-19; Ord 19-60, § 1(Att. A), 10-9-19; Ord 19-72, § 2, 1-8-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
Table 66.431, business district dimensional standards, sets forth density and dimensional standards that are specific to business districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability.
Table 66.431. Business District Dimensional Standards
Notes to table 66.431, business district dimensional standards:
(a)
The height of the structure may exceed the maximum building height allowed in the district, provided the structure is set back from all setback lines a distance equal to the height which said structure exceeds the maximum building height allowed in the district.
(b)
Off-street parking shall be permitted to occupy a required front yard provided that the off-street parking area, exclusive of access driveways, shall be set back a minimum distance of six (6) feet from any street right-of-way and meet the setback requirements of section 66.431(d).
(c)
Since BC zoned property has a residential character, buildings shall maintain a twenty-five-foot front setback or meet the requirements of section 66.231(d).
(d)
On those lots or parcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. The following parkways and portions of parkways are excluded from this setback requirement: Ford Parkway (from Kenneth Street to Finn Street and north side between Finn Street and Mississippi River Boulevard), Gannon Road, and Lexington Parkway (from Pierce Butler Route to the nearest Burlington Northern Railroad tracks).
(e)
No side or rear yards are required along the interior lot lines of the district, except as otherwise specified in the building code; provided, that if walls of structures facing such interior lot lines contain windows or other openings, yards of not less than six (6) feet shall be provided. Side and rear yards of at least six (6) feet shall be required when a business district adjoins a side yard in an adjacent residence district. These setback requirements from interior lot lines shall be waived when an easement agreement is recorded as to the affected properties. Proof of such recorded easement shall be provided at the time of application for a building permit. The recording of the easement agreement shall be interpreted to mean that the following intents and purposes of these setback requirements are met: adequate supply of sunlight and air to adjacent property; sufficient space for maintenance of the building from the same lot; and prevention of damage to adjoining property by fire or runoff from roofs.
(f)
Off-street loading space shall be provided in the rear yard in accordance with the requirements of section 63.400.
(g)
In the BC community business (converted) district, principal structures shall not cover more than thirty-five (35) percent of any zoning lot, and residential buildings shall meet the maximum floor area ratio (FAR) requirements of section 66.231 for the RM2 multiple-family residential district.
(h)
Floor area bonuses, which encourage certain building features which produce public benefits, shall be granted as follows:
Table 66.431(f). Business District Floor Area Bonuses
For the purpose of this bonus provision, an arcade and plaza shall be defined as follows:
Arcade. An "arcade" is a continuous area open to a street or to a plaza, which is open and unobstructed to a height of not less than twelve (12) feet, is accessible to the public at all times, and either:
(1)
Adjoins a front lot line or a plaza boundary, is not less than ten (10) feet or more than thirty (30) feet in depth (measured perpendicular to the front lot line or plaza boundary which it adjoins), and extends for the full length of, or forty (40) feet along, such front lot line or plaza boundary, whichever is the lesser distance; or
(2)
On a corner lot, is bounded on two (2) sides by the two (2) intersecting street lines, and has an area of not less than five hundred (500) square feet and a minimum dimension of ten (10) feet.
Such an arcade shall not at any point be above the level of the sidewalk or plaza which it adjoins, whichever is higher. Any portion of an arcade occupied by building columns shall be considered to be part of the area of the arcade for purposes of computing a floor area bonus.
Plaza. A "plaza" is an open area accessible to the public at all times, which is either:
(1)
A continuous open area along a front lot line, not less than ten (10) feet deep (measured perpendicular to the front lot line), with an area of not less than five hundred fifty (550) square feet, and extending for its entire depth along the full length of such front lot line or for a distance of at least forty (40) feet thereof, whichever is the lesser distance; or
(2)
A continuous open area on a through lot, extending from street to street and not less than forty (40) feet in width, measured perpendicular to the nearest side lot line; or
(3)
On a corner lot, an open area of not less than three hundred fifty (350) square feet, which is bounded on two (2) sides by the two (2) intersecting street lines and which has a minimum dimension of ten (10) feet; or
(4)
An open area of not less than four thousand (4,000) square feet, with a minimum dimension of forty (40) feet, which is bounded on one side by a front lot line or which is connected to the street by means of an arcade or by an open area of not less than thirty (30) feet wide.
Except for an open area as set forth in item (4) above, no portion of such an open area which is bounded on all sides, except for one opening, by either building walls, or building walls and a side lot line, shall be considered part of the plaza, unless the opening of such portion is at least forty (40) feet in width.
A plaza shall not at any point be more than five (5) feet above the curb level of the nearest adjoining street, and shall be unobstructed from its lowest level to the sky, except for those obstructions permitted by the planning commission.
(Ord 20-28, § 1, 9-9-20; Ord 25-34, § 7, 7-16-25)
(a)
All business establishments shall be retail or service establishments dealing directly with consumers. All goods provided on the premises shall be sold at retail on the premises where produced.
(b)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
In the BC community business (converted) district, when existing buildings are converted from residential to business use, when existing buildings are enlarged, and when new buildings are erected, off-street parking shall be provided as follows:
(a)
Off-street parking spaces shall not be located within a front yard.
(b)
Off-street parking facilities on lots without principal buildings shall provide principal access from the street.
(C.F. No. 10-403, § 6, 6-16-10; Ord. 21-27, § 1, 8-18-21)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
To promote the most desirable use of land in the central business district in accordance with a well-conceived plan, to promote stability of commercial development, to strengthen the economic base of the city, to protect the character and pattern of desirable development, to conserve the value of land and buildings, and to protect the city's tax revenue, the following specified conditions shall be met by all uses in the central business district:
(a)
They shall benefit from a central business district location and are appropriate in the central business district.
(b)
They generally do not create any significant objectionable influences. The normal operation incident to the use shall in no way diminish or impair property values within the district.
(c)
They involve products characterized by a high ratio of value to bulk, so that truck traffic is kept to a minimum.
(d)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
(e)
They encourage, because of their own character, other similar uses to concentrate in continuous retail frontage to the mutual advantage of both consumers and the principal permitted uses.
(f)
They shall not require frequent vehicular or truck movements across sidewalks which will prove hazardous to pedestrian and other vehicular traffic.
(g)
They shall not require any manufacturing process other than that which is considered an essentially custom manufacturing process which benefits from a central business district location as a result of requiring direct dealing with consumers in the district.
(h)
They shall not, by locating in the central business district, impede the normal and orderly development and improvement of the surrounding uses permitted in the district.
(i)
They shall in all respects conform to the applicable regulations of the district.
(a)
All business, storage, servicing or processing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
(b)
Manufacturing uses similar in character to those specifically listed as permitted uses in the central business-service district may be permitted if the planning commission makes the following findings:
(1)
The use is related and reasonably necessary or convenient for the satisfactory and efficient operation of the central business-service district; and
(2)
The use requires a central location in the city to permit efficient transportation.
The IT transitional industrial district is intended to provide sites for commercial, office and light industrial uses that are compatible with nearby residential and traditional neighborhood districts, parks, and parkways.
(C.F. No. 06-112, § 1, 2-22-06; Ord 13-22, § 6, 8-21-13)
The I1 light industrial district is intended to accommodate wholesale, warehouse, and industrial operations whose external physical effects are restricted to the area of the district and in no manner affect surrounding districts in a detrimental way. The I1 district is intended to permit, along with other specified uses, the manufacturing, compounding, processing, packaging, assembly, or treatment of finished or semifinished products from previously prepared material.
The I2 general industrial district is intended primarily for manufacturing, assembling and fabrication activities, including large scale or specialized industrial operations whose external effects will be felt in surrounding districts. The I2 district is intended to permit the manufacturing, processing and compounding of semifinished products from raw material and prepared material. The processing of raw material in bulk form to be used in an industrial operation is a permitted use in the I2 district.
The I3 heavy industrial district is intended to provide sites for uses which are or can be objectionable or hazardous unless surrounded by other types of industrial districts.
(Ord 13-22, § 6, 8-21-13)
Table 66.521, industrial district uses, lists all permitted and conditional uses in the IT—I3 industrial districts, and notes applicable development standards and conditions.
Table 66.521. Industrial District Uses
P - Permitted use C - Conditional use requiring a conditional use permit
Notes to table 66.521, principal uses in industrial districts:
(d)
Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s)
Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(C.F. No. 05-441, § 2, 8-24-05; Ord No. 06-112, § 2, 2-22-06; C.F. No. 07-633, § 3, 8-15-07; C.F. No. 08-640, § 6, 7-9-08; C.F. No. 09-341, § 6, 4-22-09; Ord No. 10-33, § 2, 10-27-10; Ord No. 11-26, § 2, 3-23-11; Ord No. 11-27, § 1, 4-20-11; Ord No. 12-26, § 1, 5-23-12; Ord 13-22, § 6, 8-21-13; Ord 13-51, § 7, 11-13-13; Ord 13-57, § 3, 12-4-13; Ord 15-5, § 3, 2-5-15; Ord 16-5, § 1, 4-13-16; Ord 17-1, § 5, 1-25-17; Ord 17-38, § 6, 10-25-17; Ord 19-10, § 1, 6-26-19; Ord 19-72, § 2, 1-8-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-43, § 7, 10-18-23; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
Table 66.531, industrial district dimensional standards, sets forth density and dimensional standards that are specific to industrial districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability.
Table 66.531. Industrial District Dimensional Standards
Notes to table 66.531, industrial district dimensional standards:
(a)
Buildings exceeding this height limit, to a maximum height of seventy-five (75) feet, may be permitted with a conditional use permit.
(b)
The height of the structure may exceed the maximum building height allowed in the district provided the structure is set back from all exterior property lines of the parcel a distance equal to the height which said structure exceeds the maximum building height allowed in the district.
(c)
On those lots or parcels, or portions of lots or parcels, where the frontage adjoins or is directly across a street from a required front yard in any use district other than an industrial or VP vehicular parking district, the front setback requirements of said abutting districts shall apply.
(d)
On those lots or parcels, or portions of lots or parcels, which adjoin a right-of-way line of a parkway, the required setbacks from the parkway right-of-way line shall be equal to that required for residential uses in effect along the parkway right-of-way or twenty-five (25) feet, whichever is greater. The following parkways and portions of parkways are excluded from this setback requirement: Ford Parkway (from Kenneth Street to Finn Street and north side between Finn Street and Mississippi River Boulevard), Gannon Road, and Lexington Parkway (from Pierce Butler Route to the nearest Burlington Northern Railroad tracks).
(e)
No side or rear yards are required except as specified in the building code, and except that side and rear yard setbacks of at least six (6) feet shall be required where an industrial district adjoins a side yard in an adjacent residential district.
(f)
Loading and unloading shall not be permitted in any required front, side or rear yards.
(g)
For the ITM West Side Flats area generally bounded by Robert Street, Plato Boulevard, Highway 52 and the Mississippi River, the maximum permitted building heights shall be as shown on Figure 5.4 of the West Side Flats Master Plan and Development Guidelines adopted by the city council on June 10, 2015; for the parcel(s) on the northeast corner of Robert Street and Plato Boulevard, a maximum height of seventy-five (75) feet may be permitted without a conditional use permit, and a maximum height of ninety (90) feet may be permitted with a conditional use permit. A shadow study and/or view analysis shall accompany the conditional use permit application to help determine the impact of the additional height.
(C.F. No. 06-112, §§ 3, 4, 2-22-06; Ord 13-22, § 6, 8-21-13; Ord 15-20, §§ 3, 4, 6-10-15)
_____
(a)
Outdoor storage. Outdoor storage is permitted subject to the following conditions:
(1)
Outdoor storage shall be at least three hundred (300) feet from a residential or traditional neighborhood district boundary, and in the IT transitional industrial district shall also be at least three hundred (300) feet from a park, parkway, or major thoroughfare, except that in reviewing a site plan for outdoor storage in industrial districts, the zoning administrator may permit outdoor storage to be within three hundred (300) feet of a residential or traditional neighborhood district, or of a park, parkway, or major thoroughfare, provided that: a) a visual screen, a minimum of six (6) feet in height, is placed between the outdoor storage and such district, park, parkway or major thoroughfare; b) the zoning administrator has considered the location and design of the outdoor storage area and visual screen in relation to any plans or guidelines approved by the city council and in relation to the design character and building materials of adjacent areas; and c) the zoning administrator has notified by mail the property owners within three hundred fifty (350) feet of the outdoor storage area at least ten (10) days before the administrator is to approve the site plan and has considered the property owners' comments.
(2)
Outdoor storage shall be fenced or walled. Outdoor storage which abuts a thoroughfare, a business district or a PD district shall be behind a six-foot-high obscuring fence. However, an obscuring fence shall not be required if the outdoor storage is screened by a building or topography. On sites where the topography renders an obscuring fence ineffectual as a screen, landscape screening shall be required.
(b)
Outdoor uses. In the IT, I1, and I3 industrial districts, all business, servicing, processing or manufacturing shall be conducted within completely enclosed buildings, except for off-street parking, off-street loading, and outdoor uses specifically allowed as permitted or conditional uses.
(c)
Activities involving storage, utilization or manufacture of materials or products which contain their own oxidizing agent and which decompose by detonation are not permitted in the IT—I1 industrial districts; provided that storage of small arms ammunition for retail sale shall be permitted; and further provided that research, medical and hospital laboratories, when operating under the direct supervision of scientifically trained personnel, may use the above material for research, medical and development purposes. Such activities are allowed in the I2 general industrial district when specifically authorized under the codes and ordinances of the city.
(d)
Meat packing plants, large metal shredders, the refining of petroleum or gasoline, and stock yards are prohibited.
(C.F. No. 06-112, § 5, 2-22-06; Ord 13-22, § 6, 8-21-13)
(a)
Design standards. Development shall be consistent with the following design standards unless the applicant can demonstrate that there are circumstances unique to the property that make compliance impractical or unreasonable:
(1)
Buildings anchor the corner. At intersections in pedestrian-oriented areas characterized by such things as buildings located up to the public sidewalk, pedestrian-scale street lighting, a mix of uses, and availability of transit service, buildings shall "hold the corner," that is, have street facades within fifteen (15) feet of the lot line along both streets, or the site plan shall include pedestrian-oriented elements such as substantial landscaping, public art, monument signage, and vertical structural elements that "hold the corner."
(2)
Building facade articulation. Building facades facing a public street shall include modulation and articulation, proportionate to the height and length of the façade, and human-scale elements, such as but not limited to doors and windows, awnings and canopies, vertical or horizontal variations in color, texture, and material, and/or ornamentation, offset or recessed structural bays, projecting elements such as colonnades or bay windows, or other roof or wall features. Building designs should seek opportunities to express the nature of the industrial activity within, in keeping with the other requirements of this section and respecting the necessary business functionality.
(3)
Materials and detailing. Buildings shall be constructed of high-quality materials, including, but not limited to, brick, stone, textured cast stone, tinted masonry units, concrete, glass and architectural metal. The following materials are generally not acceptable:
-
Unadorned concrete block;
-
Corrugated metal, unless used as a limited architectural element rather than for entire walls;
-
Reflective glass; and
-
Vinyl, fiberglass, asphalt or fiberboard siding.
Building designs should seek opportunities to express the nature of the industrial activity within, in keeping with the other requirements of this section and respecting the necessary business functionality.
(4)
Door and window openings. For office portions of principal buildings, above grade window and door openings shall comprise at least fifteen (15) percent of the total area of exterior walls facing a public street. Such windows shall be clear or translucent to improve visibility, add visual interest, and provide daylighting of interior spaces.
(5)
Parking location and design. Surface parking shall be located to the side or to the rear of principal buildings to the greatest extent possible, or on a separate lot in compliance with section 63.304. In reviewing a site plan, the zoning administrator may permit up to two (2) rows of parking spaces between the principal building and a street.
(6)
Landscaping and street trees. Landscaping shall be provided along the public streets and sidewalks to define the street edge, buffer pedestrians from vehicles, and provide shade. Any fence along a public street and sidewalk shall be decorative. Street trees in the street right-of-way, as prescribed by the city forester and section 69.600 of the subdivision regulations, shall be provided along all streets. Street trees shall be located in a planting strip at least five (5) feet wide between the curb and sidewalk, or in structural soil or its equivalent.
(7)
Sidewalks. When redevelopment occurs, public streets shall be designed with a public sidewalk along the frontage of the property being developed.
(b)
Park setbacks. In any yard which adjoins a publicly owned park, buildings may be constructed at the lot line subject to setbacks being provided in accordance with the table below:
(C.F. No. 06-112, § 6, 2-22-06; Ord. No. 11-27, § 1, 4-20-11; Ord 13-22, § 6, 8-21-13; Ord 22-25, § 1, 6-1-22)
In the I1 light industrial district, development is subject to design standards (4), (6), and (7) in section 66.542(a), and portions of buildings on land within one hundred fifty (150) feet of a parcel of land in a residential or traditional neighborhood district shall be subject to design standards (2) and (3).
(Ord 13-22, § 6, 8-21-13)
For an IT transitional industrial district contiguous to a T1M—T4M district, a master plan may be adopted under the provisions of section 66.344(b) and may be amended under the provisions of section 66.344(c). An IT transitional industrial area for which a master plan has been adopted by the city council shall be designated as an ITM district.
(Ord 15-5, § 3, 2-5-15)
The Ford districts are designed specifically for the Ford site for use with the Ford Site Zoning and Public Realm Master Plan, which provides additional standards for specific building types and standards to address sustainability objectives. The Ford districts are intended to provide for a desired mix of residential, civic and commercial uses across the site, and a mix of housing styles, types and sizes to accommodate households of varying sizes, ages and incomes.
(Ord 17-40, § 1, 9-27-17)
The F1 river residential district provides for high quality one-family, two-family, townhouse, and multi-family dwellings with up to six (6) dwelling units each and rear carriage house dwellings with an additional one (1) to two (2) dwelling units in a combined garage structure. The district is characterized by deep setbacks from Mississippi River Boulevard, consistent with the historic form along the parkway.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 1, 4-10-19; Ord 20-17, § 2, 5-13-20)
The F2 residential mixed-use low-rise district provides for compact, pedestrian-oriented residential with at least seventy (70) percent of the development acres dedicated for townhouse use. The district provides for some low-scale multi-family structures, live-work units, and limited neighborhood serving retail, office, civic and institutional uses.
(Ord 17-40, § 1, 9-27-17)
The F3 residential mixed-use mid-rise district provides for a more extensive range of multi-family residential and congregate living types, as well as transit-oriented mixed-use development with retail, office, civic and institutional uses. A variety of housing and land uses within each block is encouraged to provide visual interest and convenient pedestrian access to amenities and services.
(Ord 17-40, § 1, 9-27-17)
The F4 mixed-use high-rise district provides for high density, transit-supportive, pedestrian-oriented multi-family residential and congregate living; with integrated retail, office, civic and institutional uses; and with the scale and mass of buildings moderated by use of vegetative buffers, step backs on upper floors, courtyards, and architectural features that break up the mass of facades.
(Ord 17-40, § 1, 9-27-17)
The F5 business mixed district provides for a variety of multi-family residential, retail, dining, office and service establishments, with buildings oriented to public right-of-way, and ground floor activity that transitions between outdoor public spaces and indoor uses.
(Ord 17-40, § 1, 9-27-17; Ord 20-17, § 3, 5-13-20)
The F6 gateway district is intended to serve as the main entrance and economic heart of the Ford redevelopment site. The district provides for a variety of business and office uses independently or in combination with retail and service establishments. Limited housing, civic and educational uses may also be present. The district is focused on employment activity and complementary work force services.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 2, 4-10-19)
Table 66.921, Ford district uses, lists all permitted and conditional uses in the F1-F6 Ford districts, and notes applicable development standards and conditions.
Table 66.921. Ford District Uses
P—Permitted use C—Conditional use requiring a conditional use permit
Notes to table 66.921, Ford district uses:
(d) Definition for the use in Chapter 65, Land Use Definitions and Development Standards.
(s) Standards and conditions for the use in Chapter 65, Land Use Definitions and Development Standards.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 3, 4-10-19; Ord 19-10, § 1, 6-26-19; Ord 19-72, § 2, 1-8-20; Ord 20-17, § 2, 5-13-20; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21; Ord 23-57, § 3, 12-13-23; Ord 24-21, § 1, 9-18-24)
The Ford Site Zoning and Public Realm Master Plan, Chapter 4.5, requires a specific mix of residential, commercial, employment, and civic/institutional uses within each of the six (6) Ford districts. There are minimum and maximum requirements for these four (4) land use types as a percentage of total floor area constructed within a district, including all current and planned construction for the district.
(Ord 17-40, § 1, 9-27-17)
Table 66.931, Ford district dimensional standards, sets forth density and dimensional standards that are specific to Ford districts. These standards are in addition to the provisions of chapter 63, regulations of general applicability. Where an existing building does not conform to the following requirements, the building may be expanded without fully meeting the requirements as long as the expansion does not increase the nonconformity.
Table 66.931. Ford District Dimensional Standards
Min.— Minimum Max.— Maximum ROW— Public Right-of-Way n/a—not applicable
Notes to table 66.931, Ford district dimensional standards:
(a)
Building types are described and defined in Chapter 6 of the Ford Site Zoning and Public Realm Master Plan.
(b)
The minimum lot width figure for townhouses is per unit. Where land under each unit constitutes an individually described lot and all other land required for yards, parking and access constitutes "common" properties jointly owned by the owners of the units, the floor area ratio, lot width, and lot coverage requirements shall be applied to the entire parcel.
(c)
A maximum building height of seventy-five (75) feet may be permitted with a minimum ten (10) foot stepback from all minimum setback lines for all portions of the building above a height of twenty-five (25) feet.
(d)
All portions of a building above a height of twenty-five (25) feet shall be stepped back a minimum of ten (10) feet from all minimum setback lines. The maximum building height may exceed seventy-five (75) feet, to a maximum of one hundred ten (110) feet, subject to the following conditions:
(1)
A minimum of one (1) acre of buildable land in the F1, F2, F3, and/or F4 districts shall have been dedicated or conveyed to the city for public use for parks, playgrounds, recreation facilities, trails, or open space, in excess of the amount of land required to be dedicated for parkland at the time of platting. Such dedication of the additional parkland must be consistent with the criteria for parkland dedication in section 69.511 and is subject to city council approval.
(2)
Maximum developable gross floor area of dedicated land from (c)(1), based on its underlying zoning, may be transferred and added to development allowed in an F4-zoned area, in compliance with other applicable requirements for the district or building, such as FAR, setbacks and open space coverage.
(e)
Building height may exceed sixty-five (65) feet, to a maximum of seventy-five (75) feet, with a minimum ten (10) foot stepback from all minimum setback lines for all portions of the building above a height of thirty (30) feet, except for corner elements and portions of the building facing the civic square identified in the Ford Site Zoning and Public Realm Master Plan, Chapter 8.
(f)
Portions of a parking structure that are less than one (1) story above grade, as defined in Section 60.208, and serve as amenity space shall be excluded from lot coverage by buildings in lot coverage calculations. A building that provides Functional Green Roof Area that faces the right-of-way, civic areas, central stormwater feature, and/or city parks as specified in the Ford Site Zoning and Public Realm Master Plan, can receive a one (1) percent lot coverage bonus for every one (1) percent of Functional Green Roof provided, up to a five (5) percent lot coverage bonus.
(g)
Building setback is the horizontal distance between a lot line and the nearest above-grade point of a building. An interior setback is measured from an interior lot line, which is a lot line separating a lot from another lot or lots. A public right-of-way (ROW) setback is measured from a lot line that is not an interior lot line: a lot line separating a lot from a street, alley, or public way.
(h)
Maximum building setback shall apply to at least sixty (60) percent of the building facade along the right-of-way. Buildings shall be setback a minimum of thirty (30) feet, with no maximum setback, from a lot line separating a lot from Mississippi River Boulevard. The minimum setback for a townhouse from a lot line along Beechwood, Saunders and Yorkshire Avenues, shall be four (4) feet. Civic and institutional buildings are exempt from the maximum setback requirement.
(i)
No setback is required for building walls containing no windows or other openings when the wall meets the fire resistance standards of the Minnesota State Building Code and there is a Common Interest Community (CIC) or recorded maintenance easement that covers the affected properties.
(j)
Civic and institutional buildings are exempt from the minimum FAR requirement.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 4, 4-10-19; Ord 19-54, § 1, 9-11-19; Ord 20-17, § 2, 5-13-20; Ord 21-35, § 1, 10-13-21; Ord 23-30, § 2(Att.) 7-26-23)
In addition to the standards for accessory buildings in Section 63.501, accessory buildings in Ford districts shall be subject to the following regulations:
(a)
Accessory buildings shall meet required public right-of-way setback requirements for a carriage house in F1-F2 districts, and for the principal building on the lot in F3-F6 districts.
(b)
The Ford Site Zoning and Public Realm Master Plan, Chapter 6, regulates the number of accessory buildings permitted on a lot by building type.
(Ord 17-40, § 1, 9-27-17; Ord 19-54, § 1, 9-11-19)
Off-street parking shall be provided as follows. These requirements supersede the parking requirements in section 63.207.
Table 66.942. Vehicle Parking Requirements by Use
GFA—Gross Floor Area
The Ford Site Zoning and Public Realm Master Plan, Chapters 4 and 5, sets vehicle parking facility standards that are in addition to the parking facility standards in chapter 63.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 5, 4-10-19; Ord 19-54, § 1, 9-11-19; Ord. 21-27, § 1, 8-18-21; Ord 23-30, § 2(Att.) 7-26-23)
Bicycle parking and related facilities shall be provided as follows:
Table 66.943. Bicycle Parking Requirements by Use
The Ford Site Zoning and Public Realm Master Plan, Chapter 4.7, sets bicycle parking standards that are in addition to the parking facility standards in chapter 63.
(Ord 17-40, § 1, 9-27-17; Ord 19-19, § 6, 4-10-19)
(a)
The Ford Site Zoning and Public Realm Master Plan, Chapter 5, sets standards for building and public realm design.
(b)
The Ford Site Zoning and Public Realm Master Plan, Chapters 4, sets standards for vegetation and landscaping, lighting, solar energy, and roofing that are in addition to chapter 63 standards.
(c)
Site plans and other development proposals within the Ford zoning districts shall be consistent with the standards and requirements described in the Ford Site Zoning and Public Realm Master Plan unless the applicant can demonstrate that there are circumstances unique to the property that make compliance impractical or unreasonable.
(Ord 17-40, § 1, 9-27-17; Ord 19-54, § 1, 9-11-19)
A Ford Site Zoning and Public Realm Master Plan, for use with this article to guide redevelopment of the Ford site, shall be adopted by city council resolution after a public hearing and planning commission review and recommendation. Once approved, the Ford Site Zoning and Public Realm Master Plan may be amended as follows:
(a)
Minor amendment. Minor amendments to an approved master plan may be requested by the property owner or developer. The planning administrator shall cause the proposed request to be reviewed by the public works and parks and recreation departments and other affected city departments and may approve minor amendments, including changes of less than ten (10) percent in land area designated for public rights-of-way or park purposes, provided such changes are consistent with the intent of the master plan and, regarding land designated for park purposes, shall not constitute a diversion to other uses or a disposal of that land.
(b)
Major amendment. Major amendments to an approved master plan may be initiated by the city council, the planning commission, or any person having an ownership or leasehold interest (contingent included) in property that is the subject of the proposed modification. Major amendments include changes of ten (10) percent or more in land area designated for public rights-of-way or for park purposes; creation of a new public street or removal of a public street segment; rezoning; diversion or disposal of land designated for park purposes; or addition or removal of an entire block. Major amendments may be approved by city council resolution following planning commission review, public hearing and recommendation. Major amendments affecting land designated for park purposes must follow the procedures in section 13.01.1 of the City Charter prior to adoption of the proposed amendment.
(Ord 17-40, § 1, 9-27-17; Ord 19-54, § 1, 9-11-19)
A master developer for the Ford site shall prepare and record a plat for the Ford site, subject to city council approval under the provisions of chapter 69, subdivision regulations, including dedication of land for public use for streets, storm water drainage and holding areas, parks, playgrounds, recreation facilities, trails, and open space.
(Ord 17-40, § 1, 9-27-17)
A master developer for the Ford site shall prepare and submit a master site plan for the entire site, for planning commission review and approval pursuant to section 61.402, with sufficient detail to demonstrate general compliance with the provisions of this code and the Ford Site Zoning and Public Realm Master Plan, including the required mix of uses within each of the Ford districts. The master site plan may be amended and refined under the provisions of section 61.402 as development takes place in phases over a number of years. The master site plan is in addition to more detailed site plans for development on individual sites that are required to be submitted for review and approval, pursuant to section 61.402, before building permits are issued.
(Ord 17-40, § 1, 9-27-17)