Ch11.§3-6 · City of Nowthen public records

A. Intent: The purpose of the RRT, Rural Residential Transition, District is to provide for large lot single family uses within a limited area of Nowthen, where smaller lot sizes, but still rural, residential development in the southeast area of the City is prevalent. This district is intended to create a transition from the 8/40 RRA District to the one-acre lot sizes around the Rogers Lake area and to the adjacent one to two and a half-acre rural residential lots in adjacent communities. The focus shall be the creation of more cohesive suburban neighborhoods, preservation of natural resources, integration of parks/trails and buffering of adjacent roads and existing residential uses. These areas typically involve lands where long term agricultural uses are no longer prevalent. Some of these areas may have moderate to severe environmental constraints on residential development; and because urban services, such as central sewer and water, will likely not be provided for in the near future, residential development in this district must be kept to a reasonable rural density. B. Application: Land zoned RRT is limited to the specific land areas shown on the following map. No additional land is to be zoned RRT.   <figure> Hwy. 47 CSAH 22 Hwy. 47 Rogers Lake Area </figure> ### ZONING MAP C-1 - Commercial District (365 acres / 1.72%) 1-1 - Industrial District (225 acres / 1.06%) CON - Conservancy District (156 acres / 0.74%) ☒ RRA - Rural Residential Agriculture (19,897 acres / 94.20%) RRT - Rural Residential Transition (478 acres / 2.26%) Shoreland Overlay District C. Permitted Uses and Structures: The following shall be permitted uses by right: 1\. Any and all forms of agriculture and horticulture as defined by this Chapter, except feed lots. 2\. Any farm buildings located on Agricultural Land, to be used for Agricultural Purposes and for the storage of Agricultural Products as defined in this Chapter. 3\. Accessory structures located on properties which contain a dwelling or principal structure, which meet the requirements set forth in this Chapter. 4\. Farm drainage and irrigation systems. 5\. Forestry, grazing, and gardening. 6\. Public parks and playgrounds. 7\. One family dwellings or temporary habitation (as approved by the City) 8\. Home occupations as provided for in this Chapter. 9\. In Home Day Care (employees prohibited). 10\. The uses identified as permitted by right shall only apply to uses that have no on-site consumers, no customers, no retail sales, no employees working   or coming on the premises except as described as home occupation defined by this Chapter, no manufacturing, no merchandising, no signage, no outside storage of machinery or equipment, and no inside storage other than personally owned material and equipment. #### D. Conditional Uses: 1\. Public buildings. 2\. Churches. 3\. Public and private schools. 4\. Public utility buildings and equipment. 5\. Cemeteries. 6\. Planned Unit Developments. 7\. Golf Courses. 8\. Other operations determined by the Planning Commission and City Council to be equivalent to those listed above. E. Interim Uses: 1\. None F. Prohibited Uses and Structures: All other uses and structures which are not specifically permitted as right, by Conditional Use Permit or by Interim Use Permit shall be prohibited in the RRT (Rural Residential Transition District). G. Minimum Lot Size: For one family dwelling units: two (2) acres (87,120 SF) with two (2) acre average density. H. Minimum Lot Dimension Requirements for Permitted Uses: 1\. All lots shall have a minimum of one hundred fifty (150) feet of frontage on a public street and shall be directly accessed from that frontage. 2\. Lots which contain public street access on the terminus end of a cul-de-sac with side lot lines that are radial from the center of the cul-de-sac, shall have a minimum of seventy-five (75) feet of frontage at the edge of the right-of- way provided special circumstances exist as outlined in Chapter 10 of the City Code to justify use of said cul-de-sac.   3\. All lots shall have a minimum lot width of one hundred and seventy-five (175) feet as measured at right angles to the lot depth at the building setback line. 4\. All lots shall have a minimum lot depth of three hundred (300) feet, measured as the mean horizontal distance between the front lot line and the rear lot line of a lot. 5\. All front, side and rear building setbacks shall be a minimum of ninety (90) feet from centerline of any local road and a minimum of one-hundred-fifty (150) feet from the centerline of collector or arterial roads which shall include all roads under county or state jurisdiction. 6\. All front and rear yard building setbacks shall be a minimum of thirty-five (35) feet from any lot line. This front yard setback applies to flag lots and other irregularly-shaped lots which have front lot lines that are not synonymous with the street right-of-way line. The more restrictive setback applies when considering distance of the structure from the public right-of- way. 7 All side yard building setbacks shall be a minimum of twenty (20) feet from any lot line. 8\. Corner lots abutting two (2) streets are considered to have two (2) front yard setbacks and two (2) side yard setbacks. 9\. All driving or parking areas shall be setback a minimum of fifteen (15) feet from any lot line. 10\. All applicable setback and development standards of the Shoreland (11-3- 10), Floodplain (11-3-11) and Wetland Management (11-4-20) sections of this Chapter are met. 1\. Maximum Height: 1\. For farm buildings and farm accessory structures: None. 2\. For non-farm and special uses: Thirty (30) feet. 3\. Towers and antennas: As outlined in Section 11-8 of this Chapter. J. Impervious Surface Limitation: Thirty-five percent (35%) SECTION 5. Section 11-6-2.K (driveway surfacing) and 11-6-2.G (parking setbacks) of the City Code are hereby amended as follows: K. Surfacing:   1\. Farmsteads, farming operations and detached single family residential uses within the RRA Zoning District (including those with home businesses) shall have driveways and parking areas surfaced with materials suitable to control dust and drainage. 2\. Detached single family uses within the RRT Zoning District shall have the primary driveway which serves an attached garage and all parking areas within front and side yards surfaced with concrete, asphalt, pavers or other hard surface as may be approved by the Zoning Administrator, subject to the following: a. The parking of vehicles, trailers, boats and RV's is prohibited within rear yards unless stored within an accessory building or parked on a hard-surfaced or gravel pad which is fully screened from neighboring properties and the public right-of-way. b. A driveway access to an accessory building in the rear yard which serves as a connection of the paved driveway in the front or side yards may be constructed of gravel from the rear line of the principal structure to the accessory structure. c. A second driveway, in compliance with Section xx, which is separated from the primary driveway and attached garage by more than forty (40) feet, may be gravel in its entirety. d. Gravel surfaces shall be kept free of weeds and grass. e. All driveways and parking areas conform with impervious surface limitations outlined in Section 11-3-6 of this Chapter. G. Setbacks: 1\. There shall be no off-street parking within ten (10) feet of any street surface. 2\. Curb accesses shall be a minimum of fifteen (15) feet from the side yard property line in all districts except as may be allowed as a conditional use permit provided that: a. The reduction in setback is necessary to allow for shared access to two (2) or more properties. b. Private ingress/egress easements allowing use of the shared curb access shall be recorded with each property and are subject to approval of the City Attorney.   C. Adequate provisions for management of stormwater drainage and snow removal shall be provided and are subject to approval of the City Engineer. d. The area paved for the shared access shall be the minimum necessary to provide adequate circulation; all other areas shall be landscaped in accordance with the requirements of this Chapter. SECTION 6. Section 11-4-13 of the City Code is hereby amended as follows: 11-4-13: DEVELOPMENT STANDARDS FOR SINGLE FAMILY DWELLING UNITS: All single-family homes to be constructed in the RRA and RRT Districts shall comply fully with the following standards: A. All residential structures, including modular, manufactured and pole style structures shall have permanent foundations to anchor the structure which comply with the state building code as adopted in the State of Minnesota. B. No residential structure shall have a width of less than twenty-four (24) feet at its narrowest point. Width measurements shall not take into account overhangs or other projections beyond the principal exterior walls. C. All single-family dwellings other than approved earth sheltered homes shall have at least a three/twelve (3/12) roof pitch. D. All single-family dwellings shall have roof overhangs which extend a minimum of one foot from all the walls of the structure. E. Any metal siding upon single family residential structures shall have horizontal edges and overlapping sections no wider than twelve (12) inches. Sheet metal siding shall not be permitted in residential districts. All siding to be utilized must give an appearance similar to conventional single-family housing units. F. All single-family housing units must have a dwelling size of at least one thousand (1,000) square feet above grade on the main level for multi-level or split level homes and 1,200 square feet for single level homes, excluding any garage area. G. Attached garages may not exceed one hundred (100%) percent of the main floor area of the residential portion of the structure. Basement level (pre-stressed concrete plank; i.e. spancrete garages), not exceeding the size of the main level garage may be allowed, in addition to a main level garage.   SECTION 7. This Ordinance shall be effective immediately upon its passage and publication. Passed and adopted this 12th day of January 2021 by the City Council of the City of Nowthen. <figure> Jeff Pilon, Mayor faydalan </figure> ATTEST: Acare Jel Scott Lehner, City Administrator   # CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA ## ORDINANCE NO. 2020-02 AN ORDINANCE AMENDING STREET CONSTRUCTION STANDARDS TO ALLOW DEFERRAL OF SOME CONSTRUCTION REQUIREMENTS The City Council for the City of Nowthen hereby ordains: SECTION 1. City Code Section 10-2-2, Terms, is hereby amended to add the following: 10-2-2:TERMS: Public Street or Right-of-Way: Land or easement dedicated for public use and open to public travel which serves as the means of access to properties which front upon it and/or gain access to it. Right-of-way held in trust for public use under the jurisdiction of the City through an approved subdivision, but not necessarily built, accepted or maintained by the City, shall be considered a public street for the purposes of this Chapter. SECTION 2. City Code Section 10-3-3, Street Surfacing, is hereby amended to read as follows: 10-3-3:STREET SURFACING: A. Minor arterial and collector streets will be constructed to the standards of the Minnesota Department of Transportation and the Anoka County Highway Department. B. Local streets shall be designed so the base and subbase requirements, as set forth in the State of Minnesota Highway Department Road Design Manual No. 5-291 for flexible pavement. In all cases, at least the top six (6) inches of the base shall be Class 5 gravel or a material as approved by the City Engineer. C. Street surfacing requirements may be deferred for local streets through approval of a Conditional Use Permit by the City Council, subject to the following: 1\. The property is residentially zoned. 2\. The division involves no more than three (3) buildable lots which front upon and gain direct driveway access to the right-of-way required in Section 10-3-3.C.4 below, excluding outlots that may be reserved for future development. 3\. Divisions containing an existing principal residential structure which relies upon direct lot frontage or driveway access to the right-of-way required in Section 10-   3-3.C.4 below, to meet all applicable City, County or State regulations, shall be considered one (1) of the three (3) lots. 4\. Right-of-way is dedicated for public use in accordance with the width requirements contained in Section 10-3-2. 5\. The right-of-way shall be considered a shared driveway until such time as the City agrees by resolution to accept and maintain the dedicated right-of-way as a public street, provided: a. Construction Standards. The shared driveway is constructed to meet street base and subbase requirements required by Section 10-3-3.B. b. Emergency Access. The driveway access requirements of Section 11-6-2.J are met and shown on approved plans. C. Maintenance of Shared Driveway. Until such time as the shared driveway is constructed to City road bituminous standards and accepted by the City as a public road, property owners shall agree on behalf of themselves, their successors and assigns, that maintenance of the shared driveway shall be the sole responsibility of property owners fronting on the dedicated right- of-way and/or gaining access from the shared driveway unless otherwise agreed to in writing by the City. A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded against all impacted properties. d. Deed Restriction Required. Until such time as the shared driveway is constructed to City road bituminous standards and accepted by the City as a public road, property owners shall agree on behalf of themselves their successors and assigns, that no additional property subject to the shared driveway agreement shall be further subdivided or platted without the City's express written consent. Further, the property owners shall acknowledge on behalf of themselves, their successors and assigns, that the properties may be subject to a future assessment pursuant to Minnesota Statute Chapter 429 or other relevant statute for the future improvement of the shared driveway, as constructed to City bituminous road standards, once the right-of-way is accepted by the City. The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties.impacted. SECTION 3. City Code Section 11-6-2.J, Lot Access, is hereby amended to read as follows: J. Lot Access:   1\. All property shall be entitled to one (1) access from a public street. 2\. Commercial, industrial and institutional uses shall be allowed one (1) access from each one hundred twenty-five (125) feet of street frontage subject to compliance with this Section and approval of the City Engineer. 3\. Single family residential uses shall be limited to one (1) access per property except that: a. A second access shall be permitted on any lot with a minimum frontage of one hundred twenty-five (125) feet to a public street. b. The location of all access points shall be subject to: (1) Submittal of a driveway permit application and review/approval by the City Maintenance Supervisor. (2) Review by the City Council should the City Maintenance Supervisor determine that the proposed driveway, its location, size, construction or relationship with other driveways or properties in the neighborhood deviate from the driveway permit checklist. (3) The applicant or property owner shall be required to pay any additional costs associated with the access request to achieve compliance with the requirements of this Section and approval of the City Engineer and the County Engineer when applicable. (Ordinance 2016-05, adopted August 10, 2016) 4\. Effective Jun 19, 2020, all new principal uses shall be required to provide driveway access that complies with the following: a. The driveway shall be a minimum of twelve (12) feet in width and shall be designed to accommodate the maneuvering and turnaround of emergency vehicles and fire apparatus in accordance with Section 503 of the International Fire Code. b. Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles beneath trees, power lines, property entrances, and any other building overhangs, appurtenances, or site features between the public road and principal structure(s).   C. The distance as measured from the driveway or public street to all sides of the principal structure(s) must be within 250 feet to allow fire hose access. SECTION 4. This Ordinance shall be effective immediately upon its passage and publication. Passed and adopted this 9th day of June 2020 by the City Council of the City of Nowthen. Jeff Pilon, Mayor Jefrey malon ATTEST: Scott Lehner, City Administrator   # CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA ## ORDINANCE NO. 2020-03 AN ORDINANCE AMENDING CHAPTERS 10 & 11 OF THE CITY CODE REGARDING LOT BUILDABILITY REQUIREMENTS, CUL-DE-SACS/DEAD-END STREET WIDTHS, AND DRIVEWAY TURN-AROUND CONFIGURATIONS. The City Council for the City of Nowthen hereby ordains: SECTION 1. City Code Section 10-3-5, Lot Buildability Standards, is hereby amended to read as follows: 10-3-5:LOT BUILDABILITY STANDARDS: Any newly created lot after the effective date of this Section shall meet the following criteria upon final grading to be considered as a buildable site by City standards: A. Gross Land Area Required: <table> <tr> <th rowspan="2">Subdivision Type</th> <th colspan="2">Gross Land Area (per lot)</th> <th colspan="2">Gross Density (of subdivision area)</th> </tr> <tr> <th>RRA Zoning</th> <th>RRT Zoning</th> <th>RRA Zoning</th> <th>RRT Zoning</th> </tr> <tr> <td>Unplatted land, divisions by metes and bounds, Minor Subdivisions</td> <td>5.0 acres</td> <td>2.0 acres</td> <td>5.0 acres</td> <td>2.0 acres</td> </tr> <tr> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>Platted Lots</td> <td>2.5 acres</td> <td>2.0 acres</td> <td>5.0 acres</td> <td>2.0 acres</td> </tr> </table> B. All lots shall have at least a one (1) acre contiguous net buildable parcel at the proposed building site that meets the following physical characteristics: 1\. A minimum of twenty-three thousand (23,000) square feet of land area with a three (3) foot separation between the final surface elevation of the lot and the highest known water table. The balance of the acre is to have at least a one (1) foot separation consisting of only existing natural soils. The basement floor elevation should maintain a one (1) foot separation above mottled soil. 2\. The highest known water table is to be determined by soil borings indicating mottled soil. The minimum boring depth shall be six (6) feet.   3\. The entire acre shall have an average slope of twelve percent (12%) or less. Lots with slopes in excess of twelve percent (12%) will be subject to review by the City Engineer. 4\. The site shall have soils with physical properties and percolation rates suitable for the construction of an onsite sewage disposal system conforming to City and State standards, and the structural capacity to support normal buildings, driveways, and usable yards. Each site is to include an area situated as to provide for at least one (1) additional drainfield site. 5\. The City Engineer may allow deviation from these separations if the applicant submits evidence certified by a licensed geotechnical engineer that a lesser separation can be achieved. Certification by a licensed geotechnical engineer shall include field monitoring of the groundwater with piezometers over a period of 30- 60 days to establish the highest anticipated ground water elevation or equivalent method. Piezometer: an instrument for measuring the pressure of a liquid or gas; a shallow well or standpipe often used in boreholes to monitor the pressure or depth of groundwater. SECTION 2. City Code Section 10-3-2.R, Cul-de-Sacs and Dead-End Streets, is hereby amended to read as follows: R. Cul-De-Sacs/Dead End Streets: 1\. Permanent dead-end streets without cul-de-sac turnarounds and flag lots are prohibited. 2\. Permanent cul-de-sacs shall be allowed only where one or more of the following criteria have been met: a. Area topography or other physical site conditions warrant a cul-de- sac. b. A through street is not physically feasible or desirable due to environmental or access spacing considerations. 3\. The length of a permanent cul-de-sac street shall not be less than one hundred fifty (150) feet nor longer than one thousand (1,000) feet and shall include a turnaround at the closed end, with a right of way radius not less than sixty-six (66) feet and paved radius of not less than fifty-one (51) feet. The cul-de-sac turn around shall have property line and outside roadway diameters of not less   than one hundred thirty-two (132) feet and one hundred two (102) feet respectively. The length of the cul-de-sac shall be measured from the intersection of the centerlines of the cul-de-sac and the intersecting street to the center point of the cul-de-sac right of way turnaround. 4\. In areas determined by the City to be environmentally sensitive due to topography, forestation and/or wetlands, deviations to the design standards outlined in subsection 10-3-2.R.3 of this Chapter may be allowed, provided that: a. Such deviations are limited to the following: (1) Paved cul-de-sac radius may be reduced from fifty-one (51) feet to no less than fifty (50) feet for both permanent and temporary cul-de-sacs. (2) Street widths measured from edge to edge may be reduced from twenty-four (24) feet to no less than twenty-two (22) feet for permanent cul-de-sacs. No street width reduction shall be permitted for permanent local streets or temporary cul-de-sacs. SECTION 3. City Code Section 11-6-2.J.4, Lot Access, is hereby amended to read as follows: 4\. Effective June 19, 2020, all new principal uses shall be required to provide driveway access that complies with the following: a. The driveway shall be a minimum of twelve (12) feet in width for single dwellings, or two dwellings which share a driveway, and shall be designed to accommodate the maneuvering and turnaround of emergency vehicles and fire apparatus in accordance with Section 503 of the International Fire Code. b. The driveway shall be a minimum of twenty (20) feet in width for three or more dwellings sharing a driveway access. C. A driveway turnaround shall be required for all properties which do not meet the standards established in Section 4e of this subsection:   <figure> 60 96' 28' radius typical 28' radius typical 12' 12' OPTION 1 CUL-DE-SAC OPTION 2 60-FOOT 'Y' 28' radius typical 60' 60' 12' 70' 28' radius typical 12' 12' 12' OPTION 3 120' HAMMERHEAD OPTION 4 ALT. HAMMERHEAD </figure> d. Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles beneath trees, power lines, property entrances, and any other building overhangs, appurtenances, or site features between the public road and principal structure(s). e. The distance as measured from the driveway or public street to all sides of the principal structure(s) must be within 250 feet to allow fire hose access. SECTION 4. This Ordinance shall be effective immediately upon its passage and publication. Passed and adopted this 12th day of January 2021 by the City Council of the City of Nowthen. <figure> Mayor Jeff Pilon pray for </figure> Attest: Scott Lehner, City Administrator   ## CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA ### ORDINANCE NO. 2020-04 # AN ORDINANCE AMENDING CHAPTER 5 OF THE NOWTHEN CITY CODE RELATING TO ON-STREET PARKING REQUIREMENTS AND SNOW REMOVAL The City Council for the City of Nowthen hereby ordains: SECTION 1. City Code Chapter 5, On-Street Parking, is hereby amended as follows: 5-1-1: PURPOSE: The purpose of regulating parking during the prescribed time period is to protect the general health, safety, and welfare of the citizens of the City of Nowthen and to facilitate snow removal.

Ch.11 § 3-6

Amendment history