2021-02-23 Planning Commission Meeting Agenda PacketCITY OF MENDOTA HEIGHTS
PLANNING COMMISSION AGENDA
February 23, 2021 – 7:00 pm
Mendota Heights - City Hall
MN Stat. 13D.021 - Meeting by telephone or other electronic means: Conditions - MN stat. 13D.021 provides that a
meeting of a public body may be conducted via telephone or other electronic means if meeting in a public location is
not practical or prudent because of a health pandemic or declared emergency.
At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the COVID-19
pandemic. As a part of this action, until further notice all Planning Commission meetings will be held by telephone or
through other electronic means, with social distancing measures in place. All public meetings will continue to follow
the requirements of the Minnesota Open Meeting Law.
Note that while all or most of the members of the Planning Commission will be participating remotely, the Council
Chambers in City Hall will be open to the public during this meeting, assuming that social distancing protocols are
followed. Interested individuals may access the meeting by using the meeting connection information below.
With both the log-in or dial-in options, the line will be muted. Observers wishing to make comments on any of the
agenda items will need to contact the City Clerk (lorris@mendota-heights.com / 651.255-1138) or the Community
Development Director (timb@mendota-heights.com / 651.255.1142) no later than 12:00 Noon on the day of the
meeting, and provide their contact information and the agenda item which they want to address. Note that any
applicable long-distance telephone charges may apply.
Public Attendance is available via telephone: 1-312-535-8110; Meeting Access Code: 133 503 0175 # #
For viewing City Council meetings, tune in to Comcast Cable Channel 18 or view online at
https://www.townsquare.tv/webstreaming during the posted meeting times.
Meetings can also be viewed on demand, after the original airing, at https://www.townsquare.tv/webstreaming .
1. Call to Order / Roll Call
2. Election of Planning Commission Chair and Vice Chair for 2021
3. Adopt Agenda
4. Approval of the December 17, 2020 regular meeting minutes
5. Public Hearings - none
6. New or Unfinished Business
a. Review of Draft Ordinance Regulating Adult-Oriented Businesses and Uses in the City of Mendota
Heights (No Public Hearing – No Official Action)
b. Review of Preliminary Information related to an Ordinance Regulating the Temporary Keeping of
Goats for Grazing of Invasive Vegetation (No Public Hearing – No Official Action)
c. Review of the Department of Natural Resources Mississippi River Corridor Critical Area (MRCCA)
Model Ordinance (No Public Hearing – No Official Action)
7. Staff Announcements / Updates
8. Adjourn Meeting
PC Packet Pg. No. 1
Request for Planning Commission Action
MEETING DATE: February 23, 2021
TO: Mendota Heights Planning Commissioners
FROM: Tim Benetti, Community Development Director
SUBJECT: Election of Planning Commission Chair and Vice Chair for Year 2021
Introduction
Pursuant to Title 2-1-3 of the City Code, the organizational meeting of the planning commission is
held in February of each calendar year. Reappointments and new members are recognized, and
elections are held for the Chair and Vice-Chair positions.
Discussion
At the February 2, 2021 regular council meeting, the City Council appointed Sally Lorberbaum to fill
the position of retiring planning commissioner Mary Magnuson; and Cindy Johnson was appointed
to fill the unexpired term of John Mazzitello (appointed to the City Council on December 15, 2020).
Thank you to Ms. Lorberbaum and Ms. Johnson for agreeing and accepting these new appointments.
Please be sure to welcome each of the new commissioners at your next meeting. The city also extends
a warm appreciation and gratitude to former commissioner [Chair] Mary Magnuson for her 9+ years
of dedicated service to the city and this commission.
Title 2-1-3 of the City Code requires election of a planning commission chairperson and vice
chairperson at the February regular meeting of each year. The term of both officers will be for one
year, effective immediately at this meeting, with term positions ending at the January 2022 meeting.
Recommendation
Staff recommends the Planning Commission take action to elect a chairperson and vice chairperson.
A commissioner may nominate one or more commissioner, or nominate themselves for each position.
Action Required
No. 1: Commissioners nominate one (or more) commissioner for the role of Chair; close the
nominations; and make the selection by simple majority vote; and
No. 2: Commissioners nominate one (or more) commissioner for the role of Vice-Chair; close the
nominations; and make the selection by simple majority vote.
PC Packet Pg. No. 2
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
DECEMBER 17, 2020
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday,
December 17, 2020 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Commissioners Patrick Corbett, Litton Field, Andrew
Katz, Michael Toth, and Brian Petschel. Those absent: Chair Mary Magnuson and Commissioner
John Mazzitello.
Community Development Director Tim Benetti commented that the Commission is without a
Chair or Vice Chair tonight and asked a member of the Commission to make a motion to nominate
a temporary Chair for tonight’s meeting.
COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL TO
APPOINT LITTON FILED AS TEMPORARY CHAIRPERSON OF THE PLANNING
COMMISSION FOR TONIGHT’S MEETING.
AYES: 4
NAYS: 0
ABSTAIN: 1 (Field)
Approval of Agenda
The agenda was approved as submitted.
Approval of November 24, 2020 Minutes
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT TO
APPROVE THE MINUTES OF NOVEMBER 24, 2020.
AYES: 5
NAYS: 0
Hearings
A) PLANNING CASE 2020-25
DAKOTA COUNTY, 1498 MENDOTA HEIGHTS ROAD– CRITICAL AREA
PERMIT
Community Development Director Tim Benetti explained that Dakota County is seeking a Critical
Area Permit to construct and install a number of new improvements to the Big Rivers Regional
PC Packet Pg. No. 3
Trail park, located at 1498 Mendota Heights Road. This park is also referred to as Scenic Overlook
Park on the City parks map.
Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments
or objections to this request were received.
Community Development Director Tim Benetti provided a planning staff report and a presentation
on this planning item to the Commission (which is available for viewing through the City’s
website).
Staff recommended approval of this application based on the findings and with conditions.
Commissioner Petschel asked if the semi-circular wall is going to be replaced.
Commissioner Corbett asked for details on the grade of the bluff facing side of the building pad
and whether there would be a fence or wall. He asked if work has already started at this location.
Community Development Director Benetti replied that he also noticed the tire tracks and stated
that perhaps that was related to the trail resurfacing. He noted that they also removed diseased
trees.
Commissioner Toth asked if some trees would be removed near the building site.
Community Development Director Tim Benetti noted that the pine trees mentioned are planned to
remain.
Commissioner Katz asked if there are plans to add vegetation or enhance what is in the area.
Josh Kinney, Dakota County, stated that this is a unique site with great features. He noted that the
wall construction and planting of the pine trees occurred in 1938. He stated that the building pad
will be drained north and south, rather than towards the river. He stated that there is no planned
barrier between the bluff and structure and instead will plan prairie restoration for that area.
Commissioner Petschel asked if the wall would be maintained or replaced.
Mr. Kinney replied that the wall will be maintained and will be on the register of national historic
sites.
Commissioner Katz referenced the natural springs within the critical area and asked if there are
any known springs in this area that would be impacted.
Mr. Kinney stated that the tire tracks were a result of soil borings that were done in order to
complete geotechnical analysis. He stated that the results showed that there were no springs and
that there would not be fractures caused by this activity.
Commissioner Katz asked where the limestone was discovered in the borings.
PC Packet Pg. No. 4
Mr. Kinney replied that the depth to bedrock in this location was six feet.
Commissioner Katz commented that it interesting how the depth to bedrock varies in different
locations along the bluff line.
Mr. Kinney stated that as part of the project they will be adding several plantings, focusing more
on shrubs and herbaceous plantings and will look to maintain the large trees that exist on the site.
Acting Chair Field opened the public hearing.
Seeing no one coming forward wishing to speak, Acting Chair Field asked for a motion to close
the public hearing.
COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE
THE PUBLIC HEARING.
AYES: 5
NAYS: 0
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO
RECOMMEND APPROVAL OF THE REQUESTED CRITICAL AREA PERMIT TO
DAKOTA COUNTY FOR 1498 MENDOTA HEIGHTS ROAD, WITH THE FOLLOWING
CONDITIONS:
1. THE FINAL GRADING PLAN, INCLUDING NEW STORM POND DETAILS AND
CALCULATIONS, MUST BE SUBMITTED TO THE PUBLIC WORKS DIRECTOR
PRIOR TO ISSUANCE OF ANY GRADING OR LAND DISTURBANCE PERMIT.
2. ALL GRADING AND CONSTRUCTION ACTIVITY WILL BE IN COMPLIANCE
WITH APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS AND
CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE
GUIDANCE DOCUMENT.
3. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE
RESTORED AND HAVE AN ESTABLISHED AND PERMANENT GROUND COVER
IMMEDIATELY AFTER THE PROJECT IS COMPLETED.
4. A BUILDING PERMIT MUST BE APPROVED BY THE CITY OF MENDOTA
HEIGHTS PRIOR TO THE COMMENCEMENT OF ANY NEW CONSTRUCTION
WORK ON THE SHELTER/RESTROOM FACILITY.
5. CONNECTION CHARGES FOR SANITARY SEWER AND WATER MAIN SHALL
BE PAID PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.
6. FULL EROSION CONTROL PLANS AND MEASURES, INCLUDING SILT FENCE,
BALES AND/OR BIO-FILTRATION ROLLS MUST BE IN PLACE PRIOR TO ANY
CONSTRUCTION AND MAINTAINED THROUGHOUT THE DURATION OF
PROJECT.
7. THE PLANS FO THE NEW PARKING LOT AND NEW ACCESS IMPROVEMENTS
MUST BE REVIEWED AND APPROVED BY THE PUBLIC WORKS DIRECTOR
PRIOR TO START OF ANY CONSTRUCTION.
PC Packet Pg. No. 5
8. A SWPPP SHALL BE DEVELOPED FOR THE PROJECT. PROTECTED BLUFFS
SHALL HAVE A DOUBLE SILT FENCE INSTALLED FOR ADDED PROTECTION
IN THESE AREAS.
9. AN NPDES (NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM)
PERMIT AND A MINNESOTA DEPARTMENT OF TRANSPORTATION DRAINAGE
PERMIT IS REQUIRED.
10. NO STRUCTURES, HARD-SURFACED IMPROVEMENTS, OR TREE AND
VEGETATION REMOVALS WILL BE ALLOWED WITHIN THE 40-FOOT BLUFF
IMPACT ZONE.
11. ANY FUTURE WORK TO REPLACE OR IMPROVE THE EXISTING MONUMENT
SIGN NEAR THE FRONT ENTRY MUST BE REVIEWED AND APPROVED UNDER
SEPARATE SIGN PERMIT APPLICATION TO THE CITY.
AYES: 5
NAYS: 0
Acting Chair Field advised the City Council would consider this application at its January 12, 2021
meeting.
Staff Announcements / Updates
Community Development Director Tim Benetti gave the following verbal review:
• The Council considered the Culligan request at its last two meetings and the project was
ultimately denied with a vote of 3-2 by the Council. The other lot split requests
recommended for approval by the Commission were approved by the Council.
• The Commission will most likely move to a hybrid operation in January if the same COVID
restrictions exist.
Acting Chair Field asked if the Culligans would be restricted from reapplying for six months
because a Conditional Use Permit was involved in the request and denial.
Community Development Director Tim Benetti confirmed that the applicant would be restricted
from reapplying for a six-month period.
Adjournment
COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER FIELD, TO
ADJOURN THE MEETING AT 7:22 P.M.
AYES: 5
NAYS: 0
PC Packet Pg. No. 6
Planning Commission Memo
MEETING DATE: February 23, 2021
TO: Mendota Heights Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Discussion of Preparing an Ordinance Regulating Adult Use Businesses and Uses
Background
In 1989 the Minnesota State Attorney General released a “Report of the Attorney General's Working Group
on the Regulation of Sexually Oriented Businesses”, which recommended that communities should adopt
zoning regulations regulating sexually oriented businesses and sensitive uses, including but not limited to
liquor establishments, residential areas, schools, child care facilities, churches and parks. The US Supreme
Court generally ruled that local governing units prohibiting adult or sexual oriented businesses may be
infringing on citizens’ freedom of speech or expression; therefore, LGU’s should allow such uses, but have
the right to create or impose reasonable [zoning] standards and regulations on such uses.
In response to previous court challenges and rulings, the League of Minnesota Cities recommended that
communities should adopt their own adult use or sexual-oriented business ordinance to effectively govern and
regulate such uses. The LMC provided a model ordinance for cities to adopt, and many cities throughout the
metro and statewide adopted ordinances regulating such uses. For some unknown reason, the City never
created or adopted a similar ordinance governing these uses.
On November 6, 2019, the City Council adopted Ordinance No. 546, which placed a temporary (12-month)
moratorium on Adult Use Establishment & Sexually Oriented Businesses. The moratorium would allow staff
to reach, study and prepare an ordinance for consideration and recommendation by the planning commission,
followed by city council adoption. However, due to the pandemic and heavier than expected planning and
zoning related matters, the moratorium expired before staff had an opportunity to present any new information
or a draft ordinance.
Throughout this upcoming year and as part of our 2040 Comp Plan Update, the city will begin the process of
updating or implementing new regulations in City Code, particularly with Zoning and Subdivision ordinances.
In order to begin the process on this matter, city staff had prepared a preliminary DRAFT Adult Use Ordinance
for the commission to review at this meeting. When this draft document was given to the city attorney to
review, it was recommended that staff [and the planning commission] hold off on reviewing any ordinance at
this time, as this item may require additional study and analysis. The city attorney stated that since most
cities/townships adopted adult ordinances decades ago, there may be some recent rulings and court decisions
that may affect or impact any new ordinance or regulations related to such uses; and therefore recommended
they work with city staff first to study, analyze and make sure any new ordinance or rules we adopt as our own
are applicable and defensible.
PC Packet Pg. No. 7
Information for Consideration
Presented for review is Minnesota State Statute 617.242: Adult Entertainment Establishments (see attached),
which provides general levels of regulation authority and standards that cities can apply to these uses.
The City Attorney has also provided two memos (attached hereto) they provided to other clients in which they
provide for some procedures when adopting an ordinance related to adult uses; and an opinion related to recent
case laws affecting or impacting adult uses.
Recommended Action
There is no public hearing scheduled for this item, nor any official action to be taken related to this information.
Staff would like to have the planning commission review this information attached to this informational memo;
begin discussion, share thoughts or comments with city staff; and provide general direction on how to proceed
in the preparation of a new ordinance amendment to City Code.
The Commission may direct or recommend to city staff to have the City Council consider implementing
another moratorium, in order to give city staff (including the city attorney) and the planning commission the
time needed to study, analyze and prepare information for future consideration.
PC Packet Pg. No. 8
February 19, 2021
Re: Ordinances Regulating Adult Establishments
Dear :
The following letter is intended to inform you of the procedure for adoption of ordinances
regulating adult entertainment establishments and to provide you with background information
regarding what a city can and cannot regulate with respect to adult entertainment businesses.
PROCEDURE
PHASE I
Adopt Interim Ordinance placing temporary restrictions on the siting of adult
establishments and a Summary of the Interim Ordinance. See enclosed Interim Ordinance and
Summary. In accordance with the Interim Ordinance, the City Council will need to adopt a
Resolution directing the Planning Commission to proceed with a study. See enclosed proposed
Resolution Directing Completion of a Study. The Planning Commission will need to review a
compilation of reports and studies relating to sexually oriented businesses and the negative
secondary effects associated with such businesses. These reports and studies essentially examine
the secondary effects that sexually oriented businesses have on cities, such as lowered property
values, property values that fail to appreciate in comparison to other property in the city, and
increase in crime (particularly sex crimes). Your planning consultant should be able to provide
you with a compilation of studies relating to sexually oriented businesses. Otherwise, call me
and I can send you a copy.
In reliance on these reports and studies, the Planning Commission will need to adopt
findings regarding the secondary effects that sexually oriented businesses would have in the City.
See enclosed proposed Resolution Establishing Findings of Fact. If the Planning Commission
approves the proposed Resolution, the Resolution Establishing Findings of Fact should be
submitted to the City Council for its approval.
PHASE II
The Planning Commission will need to have draft ordinances prepared to recommend to
the City Council. Ordinances will probably include 1) licensure and regulations of sexually
oriented businesses and 2) adoption of zoning ordinance provisions limiting sexually oriented
PC Packet Pg. No. 9
businesses to the appropriate zoning district(s) and limiting the distance between such businesses
and other sensitive land uses, such as religious institutions, residential areas, parks, schools,
daycares, libraries, etc.
In reviewing the zoning ordinance restrictions, the Planning Commission will need to
have someone map out the possible locations for sexually oriented businesses, and determine that
there are sufficient locations for such businesses (approximately 8% or more of land within the
City). If necessary, the City may need to have the City Planner analyze, geographically, the
effects of various zoning requirements and to determine whether a sufficient amount of the
City’s land area is available to such businesses. The Planning Commission must hold a public
hearing on the zoning ordinance amendment. The proposed ordinances will then be submitted to
the City Council.
BACKGROUND REGARDING PERMISSIBLE MUNICIPAL REGULATIONS
The intent of placing zoning ordinance restrictions on sexually oriented businesses is to
regulate sexually oriented businesses, not pornography, in a content-neutral manner. Activities
occurring in an adult entertainment business are protected by the First Amendment and its
provision for freedom of speech. Thus, the Supreme Court has concluded that cities must allow
some reasonable opportunity for adult businesses to operate. Recent federal cases have given
some guidance regarding appropriate time, place, and manner restrictions placed on sexually
oriented businesses.
Regulations of adult businesses must serve a substantial governmental interest and must
allow for “reasonable alternative avenues of communication.” An ordinance regulating adult
entertainment businesses may serve a substantial governmental interest where a city
appropriately relies on other cities’ studies showing “adverse secondary effects” resulting from
the location of adult entertainment businesses, such as increases in crime and a decrease in
property values. A city is not required to produce its own study, but may rely on studies done by
other cities as a basis for enactment of zoning regulations, if the reliance is reasonable.
The more difficult question is determining what constitutes “reasonable alternative
avenues of communication.” Courts have routinely upheld distance ordinances separating adult
businesses from other adult businesses and from religious facilities, schools, and residential
areas, etc. However, restricting adult businesses to a very limited number of sites which
comprise only a small percentage of city property and which may not be economically,
physically, or legally viable sites for adult businesses has routinely been called into question. In
order to reduce the possibility of costly litigation, based on the varying federal decisions
regarding “reasonable alternative avenues of communication,” it seems prudent to err on the side
of providing slightly more than 5% of the City’s land area for such use.
CONCLUSION
PC Packet Pg. No. 10
Once the Planning Commission has reviewed the studies and the City Planner has
confirmed that the existing zoning restrictions comply with the foregoing, let me know if I need
to prepare draft ordinances for review by the Planning Commission. If you have any questions
regarding the foregoing procedure or background information, please contact me.
Very truly yours,
Campbell Knutson
Professional Association
By:__________________________
Enclosures
PC Packet Pg. No. 11
MEMORANDUM
RE: Adult Businesses and Zoning
Staff has asked this firm to review whether recent case law has addressed the issue of City
zoning ordinances limiting the areas in which adult businesses can lawfully operate.
Unfortunately there is no “bright line” test or clear answer to this question. A review of recent
cases is important to gather general information on how courts are analyzing the zoning question.
I. General Rule
The United States Supreme Court in the City of Renton v. Playtime Theaters, Inc. case in 1986
stated that the standard for determining what the proper zoning is for adult businesses is whether
an ordinance allows for reasonable alternative avenues of communication. In applying this
standard, the Supreme Court determined that, under the specific facts of the City of Renton, the
ordinance provided reasonable alternative avenues of communication where “five percent of the
entire land area” of the city was available for adult theater sites. Although cities have used the
5% figure from the Renton case as a benchmark, neither the United States Supreme Court, nor
the Constitution mandates communities make a minimum of 5% percentage of land available for
the operation of adult businesses or any specific percentage at all.
Thus, it is important for cities to review case law to understand the factors that a court may
consider when determining when reasonable alternative avenues of communication are made
available under an ordinance. Most cases look beyond a mere percentage to other factors, such
as the suitability of the areas purported to be available for commercial development, to determine
whether a reasonable alternative channel for adult communication exists in the community.
II. Total Land Available to Adult Uses Exceeds 5 percent.
A. Ordinance Found Constitutional.
Most of the authority since Renton has addressed factual scenarios where more than five
percent of the city’s land is available for adult uses. Where more than five percent is available for
adult uses courts have seemed generally willing to find the sexually oriented business ordinance
constitutional.
In the 1991 case of Alexander v. Minneapolis, the Eighth Circuit Court of Appeals upheld
a zoning ordinance limiting adult uses to 6.6% of commercial land.
In 2006, the Minnesota Court of Appeals similarly addressed the percentage of land
available for adult-use businesses under a county zoning ordinance in County of Morrison v.
Wheeler, and found the ordinance constitutional. The adult-use business owners argued only five
percent of the total land in the county was available for adult uses. The county responded by
arguing 64 percent of all commercial property in the county was available for adult-use
PC Packet Pg. No. 12
businesses. Id. In finding the area to represent a constitutional alternative source for operating of
an adult use business, the court stated “[t]he law requires at least some chance of an alternative
source; it does not require that it be immediately available and cheap.”
Quite a bit of the case law addresses zoning ordinances where more than five percent of a
city’s land area is available for an adult business. See e.g., D.H.L., 6 F. Supp. at 78-79 (finding
10.4 percent reasonable where additional factors indicated an adult business had a reasonable
opportunity to operate); Alexander v. Minneapolis, 928 F.2d 278, 284 (8th Cir. 1991) (finding
6.6 percent reasonable); Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1997) (finding 11
percent reasonable); Specialty Malls v. City of Tampa, 916 F. Supp. 1222, 1231 (M.D. Fla. 1996)
(finding 7.5 percent adequate because the ordinance “not only [met], but exceed[ed] the First
Amendment protection required by Renton); Centerfold Club, Inc. v. St. Petersburg, 969 F.
Supp. 1288, 1303 (M.D. Fla. 1997) (finding 6.3 percent adequate).
II. Total Land Available to Adult Uses is Less Than 5 percent.
A. Upheld as Constitutional
Some courts have upheld ordinances that had the practical effect of allowing adult uses
on less than five percent of total land or of land zoned for businesses use.
In Schneider v. Ramsey, the District Court for the District of Minnesota found an
ordinance provided reasonable alternative channels for communication where 2.5 percent of the
total land in the rural community was available for adult uses. Approximately 88 percent of the
city was zoned for residential use, meaning that approximately 35 percent of the land zoned for
commercial use and 9.7 percent of the general urban area was available for adult uses.
In City of Crystal v. Fantasy House, Inc., the Minnesota Court of Appeals evaluated a
permanent zoning ordinance allowing for adult use businesses in “.9 [percent] of the land in [the
city] and 15 [percent] of the city’s industrial and commercial zones.” In overruling the district
court’s finding that the available land for adult uses was insufficient, the Court of Appeals noted
“the limited area available [for adult uses] in [the city] is a result of the city’s overwhelmingly
residential character and conservative planning practices.” Specifically, only six percent of
the entire city was zoned for commercial or industrial uses. The city’s conservative planning
practices meant that “any difficulty that [the business] has in locating in [the city] stems from
difficulties faced by all prospective real estate purchasers [and that] the permanent ordinance
provides reasonable alternative avenues of communication and is constitutional.”
Following the United States Supreme Court’s holding in Renton, courts across the United
States have found that ordinances restricting adult use to less than five percent of the area
covered by the ordinance are reasonable and pass constitutional muster. See e.g., Casanova
Entm’t Group, Inc. v. City of New Rochelle, 165 Fed. Appx. 72, 73-74 (2d Cir. 2006) (upholding
an ordinance that had the effect of limiting adult uses to 2.77 percent of the city); Z.J. Gifts D-4,
L.L.C. v. City of Littleton, 311 F.3d 1220, 1240 (10th Cir. 2002), vacated on other grounds by
124 S. Ct. 2219, 541 U.S. 774 (holding availability of approximately one percent of city land
was sufficient where over 20 sites were available for adult businesses and given the small
PC Packet Pg. No. 13
population of the city and that only one adult business was located in the city)1; North Ave.
Novelties, 88 F.3d at 445 (holding the plaintiff business’s reliance on the fact that less than one
to three percent of land within the city’s limits was available was insufficient to find alternative
locations were unavailable); Lakeland Lounge v. City of Jackson, Michigan, 973 F.2d 1255 (5th
Cir. 1992) (holding availability of 1.2 percent of the city was sufficient); Allno Enters. v.
Baltimore County, 10 Fed. Appx. 197 (4th Cir. 1991) (upholding zoning ordinance leaving .16
percent of total acres in county available); M.J. Entm’t Enters. v. City of Mt. Vernon, 328 F.
Supp. 2d 480 (S.D.N.Y. 2004) (granting summary judgment in favor of defendant city where .67
percent of city was available for adult uses); S & G News, Inc. v. City of Southgate, 638 F. Supp.
1060 (E.D. Mich. 1986) (holding 2.3 percent of the county’s land area was sufficient);
Stringfellow’s of New York v. City of New York, 91 N.Y.2d 382, 403, 694 N.E.2d 407, 419
(1998) (holding 4 percent of total land zoned for business in a city was sufficient).
In Casanova Entertainment Group v. City of New Rochelle, the Second Circuit Court of
Appeals affirmed the district court’s denial of a topless dancing nightclub’s request for a
preliminary injunction enjoining enforcement of local ordinances barring topless dancing at its
current location. In holding the appellant nightclub did not show a substantial likelihood of
success on the merits, the court noted that while only 0.04 percent of the city’s total land area
was available for adult-entertainment businesses, the “statistic [could] not be viewed in isolation
[because the city was] a highly developed residential suburb with less than 5 [percent] of its
total land area available for any commercial use. Six lots, representing 2.77 percent of land
zoned for “[l]ight [i]ndustrial development,” however, were available for adult-entertainment
purposes. In holding that the nightclub was unlikely to succeed on the merits, the court impliedly
held 2.77 percent is a sufficient alternative area where zoning ordinances restrict adult uses.
In Stringfellow’s of New York v. City of New York, 91 N.Y.2d 382, 403, 694 N.E.2d 407,
419 (1998), New York’s highest state court found a zoning ordinance limiting adult
entertainment establishments in certain zoning districts was constitutionally permissible where
“about 4 [percent of the total commercial land was available] when reduced by land
encumbered by properties that are unlikely to be developed for commercial use.”
PC Packet Pg. No. 14
B. Struck Down as Unconstitutional
Some of the case law addressing a zoning ordinance where less than five percent of a
city’s land area is available has held the ordinance unconstitutional. See e.g., Franklin Jefferson,
Ltd. v. City of Columbus, 244 F. Supp. 2d 83 (S.D. Ohio 2003) (finding ordinance with effect of
limiting adult uses to 0.047 percent of the city’s land and allowing 11 sites for adult use
violated the United States Constitution); International Eateries of Am., Inc. v. Broward County,
726 F. Supp. 1556, 1567 (S.C. Fla. 1987) (finding 0.03 percent of the county’s land available
to be inadequate). These examples, however, seem particularly extreme in that the cities
attempted to limit adult uses to the extent that less than one half of one percent was available
(0.047 percent and 0.03 percent).
In 1990 in the Brookpark News & Books v. Cleveland case, the Ohio Court of Appeals
found that a city’s zoning ordinance unconstitutional where only 3.6 acres of 48,384 acres, or
seven one-hundred-thousandths of one percent (.00007 percent) of acres, in the city were
available for adult uses. The court held that “[t]his percentage of available adult usage in a city
the size of Cleveland on its face is unduly restrictive and significantly curtails freedom of
expression and access to protected speech.”
In 2002, the Federal District Court for the Western District of Michigan noted in Exec.
Arts Studio, Inc. v. City of Grand Rapids, that it was generally wary of finding an ordinance
limiting adult uses to less than one percent of the city’s acreage or to fewer than a dozen sites
constitutional. The court concluded by finding a zoning ordinance limiting adult uses to less than
one-half of one percent of the city’s commercial property unconstitutional.
In 2006, the Federal District Court for the District of Minnesota weighed in the question
of adult uses in Northshor Experience, Inc. v. City of Duluth, Minn. On the city’s motion for
summary judgment, the court concluded that an ordinance making 4.34% of the city available
for adult uses was not per se reasonable or constitutional because it did not provide a reasonable
alternative avenue for communication. The court evaluated photographs provided by the
plaintiff adult business and found the “available land” was occupied by the airport or
“heavily industrial, either lacking infrastructure and inaccessible or occupied by an
existing heavy industrial use, such as a manufacturing plant or mineral piles.” As such, the
court stated that its evaluation of the reasonableness of available alternative locations and the
constitutionality of allowing adult uses in 4.24% of the city had to come further in the litigation.
Ultimately, this authority cannot be taken to mean that ordinances restricting adult uses to
less than five percent of a city’s land are per se unreasonable. Instead, the authority is better
taken to mean that there is no bright line separating reasonableness from unreasonableness and
additional factors necessarily inform a finding of reasonableness.
PC Packet Pg. No. 15
III. No Bright Line Test.
Some Courts have been reticent to find that five percent represents a generally-applicable
guidepost. As such, the courts have found that additional inquiry into a particular zoning
ordinance and its affect on availability is necessary.
In PAO Xiong v. City of Moorhead, Minn. the District Court for the District of Minnesota
held in 2009 that it was unable to determine whether an available area of 6.25% of the City’s
total land area and 29% of the city’s commercial and industrial areas was sufficient to
constitute a reasonable alternative avenue for communication. On the city’s motion for summary
judgment, the court found it had insufficient information because the parties disputed whether
the sites were platted and accessible by road, the character of the areas had not been
established, and the court could not determine whether the space available was sufficient to leave
the “quantity and accessibility of speech substantially intact.”
The plaintiff business owner in North Ave. Novelties v. City of Chicago relied on expert
testimony to find that less than one percent of the land within the city limits was available for
adult use. In relying on Renton and other adult use zoning cases, the plaintiff business owner
argued the city’s availability represented a smaller acreage than other approved areas. The city’s
expert alternatively testified that between one and three percent of the city was available for
adult uses. In rejecting the plaintiff business owner’s comparisons to other cases, the court held
“that the amount of acreage, standing alone, is largely irrelevant.” The court noted that the
constitutional requirement of a reasonable opportunity to do business “can, and most likely does,
result in vastly different acreage percentages [between regions].” These differences, however, “in
no way imply that the regions with lower percentages are acting unconstitutionally.”
In M.J. Entertainment Enterprises v. City of Mt. Vernon, the District Court for the
Southern District of New York granted summary judgment to the defendant city where a zoning
ordinance made only .67 percent of a city available for adult uses. The court noted that the
constitution does not mandate a minimum percentage of land be made available for certain
types of speech and that the constitution only requires a location provide “a reasonable
opportunity to disseminate the speech at issue.” The district court judge then noted that at the
time alternative avenues of communication were only found constitutionally insufficient in one
of two circumstances. First, where there were no sites available. Alternatively, the judge wrote
that alternatives are found insufficient where the zoning scheme requires an existing adult
business to relocate to a particular area, prohibits an adult business’s establishment within 1,000
feet of a school or religious institution, and the ordinance is specifically enacted to create a
buffer between the existing business and a school.
IV. Factors Considered in Determining Reasonable Alternative Avenues of
Communication are Available.
Some courts have looked to a variety of factors in determining whether reasonable
alternative avenues of communication have been made available.
PC Packet Pg. No. 16
A. Number of Sites Available
As an alternative to evaluating the percentage of land area available for adult businesses,
some courts have found that the question of constitutionally reasonable alternative locations can
be answered by the number of locations available that could accommodate additional
locations. See e.g., Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000) (holding where seven
sites were available, and three of those sites could house adult uses simultaneously, based on
the commercial real estate market in the city, the three sites created a constitutionally acceptable
alternative); R.V.S., LLC v. City of Rockford, 266 F. Supp. 2d 798 (N.D. Ill. 2003), rev’d on other
grounds by 361 F.3d 402 (7th Cir. 2004) (holding 11 or 12 sites were available which provided
a reasonable opportunity to disseminate the adult speech in this particular community); 3570
East Foothill Blvd., Inc. v. Pasadena, 912 F. Supp. 1257, 1265 (C.D. Cal. 1995), aff’d, 99 F.3d
1147 (holding an ordinance allowing for the opening of eleven additional adult businesses
was a reasonable opportunity where only one adult business currently existed).
Conversely, however, this parcel availability approach may indicate that a zoning
ordinance unconstitutionally limits the ability of a sexually oriented business to operate. See e.g.,
Janra Enters. v. Reno, 818 F. Supp. 1361, 1364 (D. Nev. 1993) (finding three parcels
insufficient).
B. Whether Proposed Sites are Physically and Legally Available
As in PAO Xiong, the Federal Court of Appeals for the 2nd Circuit in TJS of N.Y. v. Town
of Smithtown evaluated in 2010 “whether proposed sites are physically and legally available, and
whether they are part of an actual commercial real estate market in the municipality.” Noting that
“[s]everal factual considerations underlie the question of whether sites are part of an actual real
estate market[,]” the court evaluated the likelihood of the sites becoming available, the
physical characteristics of the sites such as accessibility to the public, infrastructure, and
suitability to “some generic commercial enterprise.” Where these criteria are met, the sites
“can qualify as available, even if they are in industrial or manufacturing zones.” Requiring
the proposed adult business to develop the site does not render the site unsuitable; however,
“[w]here the physical features of a site or the manner in which it has been developed are totally
incompatible with any average commercial business” or there is a dearth of basic infrastructure
critical to private development.
It is important to note, that the failure of a particular site to meet the sizing, pricing, or
logistical needs of an adult business is irrelevant in determining the overall geographic
availability for adult uses. See e.g., TJS, 598 F.3d at 31-32 (citing Renton, 475 U.S. at 54;
Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524, 1532 (9th Cir. 1993)) (stating
availability of a particular site is not limited by the site’s best suitability to a “big box”
enterprise); Z.J. Gifts D-4, L.L.C., 311 F.3d at 1240 (holding only industrial, warehouse, office,
and shopping centers were not part of relevant commercial real estate market); Isbell v. City of
San Diego, 258 F.3d 1108, 1112 (9th Cir. 2001) (rejecting argument that relevant alternative real
estate market must exclude parcels occupied by businesses like car dealership because potential
profits, overhead costs, and infeasibility of use were not appropriate factors in evaluating the
availability of alternative channels); Allno Enters., 10 Fed. Appx. 197 (4th Cir. 1991) (holding
PC Packet Pg. No. 17
the unsupported assertion of an adult business operator that the owners of land would lease only
to industrial operations were not an appropriate consideration in determining overall
availability).
CONCLUSION
The authority from Minnesota case law and case law outside of Minnesota indicates that
multiple factors need to be taken into consideration in addition to a mere percentage of
availability. Courts review the specific facts of a particular city to determine whether alternative
avenues of communication have been made available to adult businesses, such as the percentage
of total land area devoted to commercial/industrial and whether a reasonable portion of the
commercial/industrial land available, whether a reasonable number of sites have been made
available, and whether sites are physically and legally available. As is evident in the court cases
noted above, there is no clear bright line test regarding what is “reasonable.” Courts have the
hardest time finding ordinances allowing adult uses on less than one percent of land
constitutional. Clearly, the “safest” area for a zoning ordinance, however, appears to be above
the five percent of total land area available as approved in Renton. Below the five percent, courts
seem to approve ordinances allowing adult uses on more than two to 2.5 percent of the land more
often than not, but courts will make a detailed analysis of the factors noted above.
PC Packet Pg. No. 18
Planning Commission Memo
MEETING DATE: February 23, 2021
TO: Mendota Heights Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Continued Discussion of New Ordinance Regulating the Temporary Keeping of
Goats for Grazing of Invasive/Noxious Vegetation on Properties
Introduction
The Planning Commission is being asked to once again discuss and provide thoughts, comments and
direction on creating a new ordinance (or policy) regulating the temporary keeping of goats for prescribed
grazing and invasive/noxious vegetation management on properties in Mendota Heights.
Background
At the June 18, 2019 regular council meeting, a resident spoke before the council during Public Comments,
requesting the city give consideration to allowing goats (for rent) to control invasive plantings in and around
his property, particularly buckthorn vegetation.
On October 28, 2019, the City Council conducted a Workshop Meeting, whereby staff introduced the
subject and presented preliminary information and examples of other city ordinances regulating goats in
various metro communities. The Council provided a few comments or suggestions, such as requiring
written permission from the neighbors, perimeter fencing height, and setback restrictions from bodies of
water. The Council instructed city staff to begin preparing an ordinance regulating such animals, and
present the findings and proposed ordinance to the Planning Commission for further study and
recommendations.
There are a number of metro-wide communities that now permit or allow the keeping of goats (either
temporary or permanent) inside city limits, with specific (limited) permits for goats to occupy and graze
personal properties. The goats are mostly allowed under a temporary permit on sites, usually up to 30-days
in most cases, which serve as a natural mean of providing invasive vegetation management and control,
without the need for chemicals, herbicides, or extra human/manual labor such as cutting, clearing and
removal of brush materials.
One particular metro community that has found success in allowing goats for buckthorn and other invasive
management practices, is the City of Burnsville. Attached for review is information related to the recently
adopted Burnsville Policy No. 5.198, titled “Use of Prescribed Grazing for Land Management” for that
community.
PC Packet Pg. No. 19
Recommended Action
There is no official action to be taken under this item. Attached to this memo are also a few other local city
ordinances and permit applications that provide such goat grazing activity in their communities.
Staff requests the planning commission review this information; discuss with staff; and provide general
direction on how to proceed in the preparation of a possible ordinance amendment to City Code.
PC Packet Pg. No. 20
PC Packet Pg. No. 21
PC Packet Pg. No. 22
PC Packet Pg. No. 23
PC Packet Pg. No. 24
PC Packet Pg. No. 25
PC Packet Pg. No. 26
POLICY NUMBER 5.198
USE OF PRESCRIBED GRAZING FOR LAND MANAGEMENT
I.PURPOSE AND NEED FOR POLICY
The purpose of this policy is to allow prescribed grazing of approved grazing animals on
certain property in the City of Burnsville for a specific period and for the express purpose of
controlling invasive, noxious or unwanted vegetation. Invasive species and/or noxious
vegetation pose a significant environmental risk to the Burnsville environment. Prescribed
grazing is intended to provide an alternative to the use of chemicals as a means to control
undesired vegetation, as well as an alternative to other land management techniques like
mowing, brush cutting and prescribed burning. It is also intended to provide an alternative
means to control undesirable vegetation on steep slopes or other challenging terrain where
it is difficult for humans to access. Prescribed grazing is not intended to allow the raising or
keeping of goats as pets or livestock on property where it is not currently allowed under
zoning requirements.
II.POLICY
Property owners intending to use prescribed grazing must have a property that meets all
criteria laid out within this policy. Property owners must hire a contractor who has received
a prescribed grazing permit from the City. Contractors must obtain an annual permit prior
to working in the City, meet all City requirements and agree to follow all guidelines laid out
within the policy produces. The specific policy requirements are as follows:
A.Goats are the only animal approved for prescribed grazing.
B.Significant invasive, noxious or unwanted vegetation must exist on the site and
removal of it will clearly benefit the property receiving the Prescribed Grazing.
C. Grazing services will be provided by a permitted contractor. Contractors must
obtain an annual permit from the City and must provide all requested
documentation. Permits may be revoked if contractors do not follow ordinance
and policy requirements, or if repeat issues arise regarding grazing activities
causing public nuisances or other unwanted situations. The contractor will need
to specifically provide the following information within the City’s permit form and
adhere to the following contractor guidelines.
i. No permit shall be granted, nor be effective, until the applicant files with
the Natural Resources Department proof of a public liability insurance
policy covering all operations of such applicant under this section for the
sum of at least $2,000,000 against liability for bodily injuries to one
person from the accident, $2,000,000 for the injury of two or more
persons, and for at least $2,000,000 against liability for damage or
destruction of property. The policy shall provide that it may not be
cancelled by the insurer except after ten (10) days written notice to the
City, and if such insurance is so cancelled and the permitee fails to
replace the same with another policy conforming to the provisions of this
section, the permitee shall be automatically suspended until such
insurance shall have been replaced.
ii. No permit shall be granted, nor be effective, until the applicant files with
the Natural Resources Department acceptable evidence of compliance
with the worker’s compensation insurance coverage requirements by
providing the name of the insurance company, the policy number, and
date of coverage
City of BurnsvillePC Packet Pg. No. 27
POLICY NO. 5.198
Page 2
iii.All contractors permitted under the provisions of this section must abide
by all ANSI (American National Standards Institute) and OSHA
(Occupational Safety and Health Administration) regulations while
operating as a business within the City limits.
iv.Upon issue, the applicant must be able to produce their permit upon
request when operating within Burnsville City limits.
v.Applicant must have staff available to respond to any emergency
complaints or concerns at all times of day or night. Applicant will furnish
an emergency contact number when applying for permit.
vi.All contractors must notify the City at least 10 days in advance of any
prescribed grazing projects that are to occur within city limits.
D.Prescribed grazing will be allowed on a parcel or lot that is 0.5 acres or greater
in size. Prescribed grazing will also be allowed on more than one parcel or lot
provided that the grazing areas on each parcel or lot are contiguous and an
aggregate of 0.5 acres or more in size. All property owners in the grazing area
must grant permission to the contractor.
E.Prescribed grazing cannot occur on a parcel or lot more than two times in a
given calendar year. Each grazing event must be 30 consecutive days or less in
duration from the time the goats arrive to the time the goats are removed from
the site. Grazing events must be separated by at least 30 days.
F.Goat herd size cannot exceed 2 goats per every 1/10 acre of enclosed grazing
area.
G.If exceptions to the standard grazing duration, stocking rates or fencing
requirements are desired, the permitted contractor must submit a written
request to City staff. Factors, such as proximity to adjacent properties, will be
assessed when evaluating extension requests. Extensions will be approved or
denied in writing by the Natural Resources Manager or other authorized agent of
the City.
H.Prescribed grazing must occur in an area that is properly enclosed through
temporary or permanent fencing. Fencing must be designed to prevent escape
by goats and to prevent access by other animals and cannot be constructed of
barbed wire and follow all requirements outlined in section 10-7-19 (E):
10-7-19 (E) Electric Fences: Electric fences shall not be permitted except for
agricultural purposes and for the control of deer in residential gardens, provided
that garden fencing shall comply with the following standards:
1. The fence shall be electrified using only a UL listed fence controller, or an
equivalent approved by the City electrical inspector.
2. The fence may consist of multiple strands of electrified wire, but at least one
strand shall be installed at a height between thirty inches (30") and thirty six
inches (36") above the ground and marked with warning signs that are no less
than eight (8) square inches in size and that are attached to the wire no less
than ten feet (10') apart.
3. The fence shall not be located in the front yard as defined in section 10-4-2 of
this title.
4. The fence shall be located only around the perimeter of each garden or
freestanding flowerbed to be protected, up to the property line, and shall in no
instance be used as perimeter fencing for the property.
5. The fence, including the wires, shall not exceed the height limitations of
subsections (G)1 and (G)2 of this section.
PC Packet Pg. No. 28
POLICY NO. 5.198
Page 3
(G) Residential Fencing And Screening:
1. Except as provided herein, fences outside the buildable area of a lot may not
exceed six feet (6') in height.
2. Except as provided herein, fences within the buildable area of a lot or in the
case of the rear lot line at least ten feet (10') from the rear lot line, may not
exceed eight feet (8') in height.
Energized fence is allowed but if used within thirty feet of an adjacent property
boundary, it must be a part of a double fence system where the outer line of
fencing is non-energized and separated from the inner line of energized fence by
at least three feet or written approval must be obtained from the adjacent
property owner. This protects the public from coming into contact with the
energized fence. The fence must be powered by a low impedance energizer.
Low impedance energizers use a short duration pulse that minimizes risk to
people. City staff reserve the right to require that the prescribed grazing
contractor install a double fence system in any situation if determined that a
single energized fence line would present a significant risk to the public.
Energized fencing must be clearly identified with warning signs no more than 10
feet apart and signed on every enclosure boundary. Energized fence must be
installed by the prescribed grazing contractor. Temporary fencing must be
removed within seven calendar days of the date the goats are removed from the
project site. Permanent fencing must follow all other applicable City ordinances.
I.Where the project area is visible to the general public, a sign must notify the
public that prescribed grazing is occurring and list 24 hour contact information
for any emergency situations that may arise, such as a goat outside of the
fenced enclosure. The sign must be no smaller than one square foot, no larger
than two square feet and no higher than three feet tall.
J.Shelters, if provided, must follow all City structure and setback requirements.
K.Only females, neutered male goats or unneutered male goats less than six
months old that accompany female goats are allowed.
L.Grazing areas must be monitored to prevent overgrazing, erosion and damage
to natural resources, including but not limited to:
i.Complying with requirements and best management practices
established by Minnesota Department of Agriculture, the Minnesota
Department of Natural Resources, Natural Resources Conservation
Service, the local watershed district, and all other pertinent agencies
ii.Preventing impairment of water quality as defined by the Federal Clean
Water Act
iii.Avoiding adversely impacting threatened or endangered plant or animal
species.
III. PROCEDURE
1.Contractors wishing to provide prescribed grazing services within City limits must
obtain a permit application from City natural resources staff. Contractors must
submit their permit request, including insurance documentation, at least 15 business
days in advance of the any work proposed within City limits.
2.City natural resources staff will review permit requests and respond within 10
business days. A written permit will be issued if the request is approved. Contractor
cannot start work until permit has been received.
PC Packet Pg. No. 29
POLICY NO. 5.198
Page 4
3.If a permit is issued, it will be valid for the remainder of the year, assuming the
contractor follows all requirements. Permits are issued to the contractor and do not
pertain to a specific project.
4.Contractor will inform City natural resources staff of planned project locations at
least 10 business days prior to arriving to start work.
5.Contractor will notify City contact on the day that goats arrive on any project site
within City limits.
6.If policy requirements or other City ordinances are not followed, contractor permits
can be revoked by City staff. Violations of policy may include but are not limited to:
a.Providing any false or inaccurante information on permit application.
b.Failure to notify City staff of impending projects in a timely fashion.
c.Failure to respond in a timely fashion to or failing to correct issues or
concerns raised by City staff or residents.
d.Failure to prevent grazing services from resulting in a public nuisance,
including repeated issues with animals escaping from fenced areas.
e.Failure to maintain appropriate insurance coverage throughout duration of
permit.
f.Failure to adhere to parcel size, stocking rate, stocking duration, or fencing
requirements.
IV. RESPONSIBILITY
The Natural Resources Manager or designee will respond to requests for prescribed grazing
permits.
V. AUTHORITY
Administrative implementation of State Statutes, City ordinances, and City policies.
Submitted by: Caleb Ashling Date:________04/16/2019
Reviewed by: Daryl Jacobson Date:________04/16/2018
PC Packet Pg. No. 30
6-2-1: DEFINITIONS:
As used in this chapter, the following terms have the following meanings:
ANIMAL CONTROL OFFICIAL: Person(s) contracted by the city to perform the duties of enforcing all applicable federal, state, and
local laws, codes, ordinances, and regulations pertaining to animals.
AT LARGE: Not under "restraint" as defined herein.
BITE: To seize with teeth or jaws so that the skin of the person or animal seized has been nipped or gripped, or has been wounded or
pierced, including scratches, and includes probable contact of saliva with an existing break or abrasion of the skin.
CHICKEN: A domesticated fowl of the genus Gallus and species G. gallus.
CHICKEN COOP: Any structure used for the housing of chickens.
CHICKEN RUN: A fenced outside yard for the keeping and exercising of chickens.
DANGEROUS DOG: Any dog that: a) without provocation, inflicted substantial bodily harm on a human being on public or private
property; b) killed a domestic animal without provocation while off the owner's property; or c) has been found to be potentially
dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers
the safety of humans or domestic animals.
FERRET: Any domesticated male or female descendant of the European polecat, whole or neutered.
GUARD DOG: A dog trained both to guard property and to attack persons or animals coming upon premises containing such guard
dog.
HOUSEHOLD PET: A dog, cat or ferret, regardless of weight, or an animal not exceeding forty (40) pounds in weight that is usually
and customarily considered a pet.
IMPOUND: The actual physical restraint of a dog or other animal within an enclosed structure which will keep said animal apart from
any people or other animals, excluding its owner or persons acting under authority of the owner.
KENNEL, COMMERCIAL: Any place where six (6) or more dogs over four (4) months of age, or more than ten (10) cats over four (4)
months of age, or more than ten (10) ferrets over four (4) months of age, or any combination thereof, not including offspring under
seven (7) months of age, are commercially kept, boarded, trained or offered for sale except when located in a pet shop or veterinary
clinic/hospital. A kennel may include secured outdoor runs and/or play areas.
KENNEL, RESIDENTIAL HOBBY: A place where four (4) to five (5) dogs over four (4) months of age are kept, or six (6) to ten (10)
cats over four (4) months of age are kept, or six (6) to ten (10) ferrets over four (4) months of age are kept.
OWNER: A person, group or corporation owning, keeping or harboring a dog or other animal.
POTENTIALLY DANGEROUS DOGS: Any dog that: a) when unprovoked, inflicts bites on a human or domestic animal on public or
private property; b) when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an
apparent attitude of attack; or c) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic animals.
PREMISES: Any single or contiguous lot, parcel or tract of land.
PRESCRIBED GRAZING: Using approved grazing animals as a landscape management technique to control noxious, invasive, or
other unwanted vegetation at a specific location and for a defined length of time.
PRESCRIBED GRAZING PERMIT: A permit annually issued that allows prescribed grazing within City limits.
RESTRAINT: Shall have the following meanings in this chapter:
(A) The controlling of an animal by a leash or other physical control.
(B) An animal while he is on the owner's property or while on another's property with that person's permission.
(C) The control of an animal by means of suitable fence, fixed pen or structure sufficient in strength and size to allow the animal to
move about, but also able to prevent the escape of the animal by climbing, digging, chewing, manipulation of locks, gates or any
other means.
(D) The controlling of an animal within a vehicle being driven or parked. (Ord. 1153, 3-17-2009; Ord. 1323, 6-3-2014; Ord. 1330,
10-7-2014; Ord. 1484, 4-16-2019)
6-2-20: ANIMALS WITHIN CITY LIMITS:
Except as otherwise provided, no person shall keep any animal other than a household pet within the city. No more than three (3)
dogs over the age of four (4) months shall be maintained at any one residence or premises. No more than five (5) cats over the age
of four (4) months shall be maintained at any one residence or premises. No more than five (5) ferrets over the age of four (4) months
shall be maintained at any one residence or premises. No more than four (4) chickens shall be maintained at any one residence or
premises. Hen chickens may be kept within the Residential District. The keeping of roosters is prohibited except as allowed by
section 6-2-21 of this chapter. Chickens shall not be raised or kept for fighting. Cockfighting and dogfighting are prohibited. Except
within the R-1A District, slaughtering of animals is prohibited within all Residential Districts.
(A) Keeping Of Nondomesticated Animals Prohibited:
1. Definition: As used in this section, "nondomesticated animal" means any wild animal, reptile or fowl, which is not naturally
tame or gentle but is of a wild nature or disposition or which, because of its size, vicious nature, or other characteristics would
PC Packet Pg. No. 31
constitute a danger to human life or property.
2. Prohibited Animals: No person shall keep, maintain or harbor within the City any of the following animals:
a. Any animal or species prohibited by Minnesota or Federal law.
b. Any nondomesticated animal or species, including, but not limited to, the following:
(1) All skunks, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or
not vaccinated against rabies.
(2) All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly
accepted domesticated house cats.
(3) All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs.
(4) All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds
between domesticated animals.
(5) All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads.
(6) All raccoons.
(7) All apes and monkeys.
(8) All other animals which are not listed explicitly above, but which can be reasonably defined by the terms in subsection
(A)1 of this section including bears, wolverines and badgers.
3. Selling Prohibited: No person shall offer for sale, within the City limits, any animal prohibited in subsections (A)1 and (A)2 of
this section.
4. Exceptions; Permit Required:
a. Any persons desiring to keep animals prohibited under subsections (A)1 and (A)2 of this section shall obtain a temporary
permit from the City Council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further
conditions under which such animals shall be kept; provided, however, that no such permit shall be issued unless such prohibited
animal is brought into the City for entertainment, exhibition, show or promotional purposes only. A public zoo or other institution
engaged in a permanent display of animals may be issued a permanent permit, provided applicable zoning requirements are met.
b. Nonpoisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, rats, guinea pigs, chinchillas, turtles or lizards,
and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit.
c. Persons keeping animals for a public zoo as volunteers, docents or otherwise, any bona fide research institution or
veterinary hospital are exempt from the permit requirement, provided protective devices adequate to prevent such animals from
escaping or injuring the public are provided.
d. Handicapped persons keeping monkeys trained as household helpers are exempt.
5. Impounding Of Nondomesticated Animals: Any nondomesticated animal kept in violation of this section may be impounded
by the City, and after being so impounded for five (5) days or more without being reclaimed by the owner may be destroyed or sold.
Any person reclaiming such impounded animal shall pay the costs of impounding and keeping the same.
6. Existing Nondomesticated Animals: Anyone keeping or maintaining any nondomesticated animal at the time that this section
is adopted has ninety (90) days in which to comply with the provisions of this section. Extensions beyond ninety (90) days may be
granted for just cause by the City Council.
7. Penalty: Violation of any provision of this subsection (A) shall be a misdemeanor. (Ord. 1153, 3-17-2009)
6-2-21: EXCEPTIONS:
(A) Persons may keep any type of animal in an area zoned R-1A (One-Family Rural Residential District) or upon property which
on the effective date of this chapter harbors animals other than or in addition to household pets, provided that persons keeping the
animals must fully comply with the provisions of sections 6-2-22 through 6-2-27 of this chapter and provided further that on property
other than R-1A the type and number of animals may not be increased over those kept on the effective date of this chapter and
should said property cease to harbor animals other than household pets for any consecutive twelve (12) month period, then the right
to keep such animals on said property shall cease. (Ord. 1153, 3-17-2009)
(B) A contractor who has obtained a prescribed grazing permit from the City may use prescribed grazing with approved grazing
animals on specified property in the City for a defined period for the express purpose of controlling invasive, noxious or unwanted
vegetation. (Ord. 1484, 4-16-2019)
6-2-22: CONDITIONS OF KEEPING:
No person shall allow any animal under his ownership or control to disturb the peace and quiet of the City or to otherwise become a
public or private nuisance so as to annoy, injure, or endanger the health, safety, comfort, or repose of the public. Nor shall the owner
of any animal maintain it in a manner so as to create a nuisance to owners of property adjacent to or in close proximity with the
property on which said animal is located. (Ord. 1153, 3-17-2009)
PC Packet Pg. No. 32
ANIMAL EVENT PERMIT
Recommendation for approval will be based on completion of application, payment in full, inclusion of the
insurance certificate, and written response to the attached questionnaire.
Temporary Animal Permit
APPLICANT PERMIT INFORMATION
Date of Application: Fee Paid: $
Name of Applicant: Phone:
Address:
City/State/ZIP:
Description of Temporary Event:
Requested Date of Temporary Event:
Requested Times of Event: From: To:
Address of Event:
Vendor Providing the Animals: Phone:
24-hour Emergency Contact Name: Phone:
APPLICANT NAME (PRINT):
APPLICANT SIGNATURE: Date Signed:
RECOMMENDATION
STAFF RECOMMENDATION APPROVE DENY
Comments:
STAFF NAME/TITLE (PRINT)
STAFF SIGNATURE: Date Signed:
FINAL ACTION
CITY ACTION: APPROVED DENIED
CITY NAME/TITLE (PRINT)
CITY SIGNATURE: Date Signed:
CITY SIGNATURE: Date Signed:
Please complete the questionnaire below and submit with payment to:
BURNSVILLE POLICE DEPARTMENT
100 CIVIC CENTER PARKWAY
BURNSVILLE, MN 55337
Checks may be made out to: City of Burnsville
Please be sure to include a copy of the insurance certificate with each application.
PC Packet Pg. No. 33
ANIMAL EVENT PERMIT
Burnsville Animal Control
This questionnaire should be completed by the vendor providing the animals.
1. List specific types of animal and numbers of each to be exhibited and/or housed in Burnsville for
the requested event. Example: 6 Shetland ponies, 4 African Pygmy Goats, etc.
2. Types of acts and activities the animals will be engaged in.
3. Description of method used to protect the public from getting injured by one of the animals.
4. Describe the method used for overnight stabling and/or housing of the animals, if applicable.
5. Describe the cleanup methods and frequency that will be used to keep the area clean of animal
waste.
PC Packet Pg. No. 34
6. What kind of insurance coverage do you have in case the public is injured by any animals? (You
must include a copy of the insurance certificate with each application.)
7. Provide a statement indicating that you are aware that the permit may be revoked and the event
closed down if violations of humane laws and/or ordinances and/or statutes are found or the
animal management plan listed in this questionnaire are not followed.
8. Describe the number of staff available, the method of capture, and the equipment to be used to
catch animals should they escape from your custody.
9. List the expiration date of the last rabies vaccinations given to each animal, if applicable.
10. Provide the name, address and phone number of the veterinarian used.
11. List your USDA #, if licensed.
PC Packet Pg. No. 35
Planning Commission Memo
MEETING DATE: February 23, 2021
TO: Mendota Heights Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Review of the Department of Natural Resources Mississippi River Corridor
Critical Area (MRCCA) Model Ordinance
Introduction
The Planning Commission is being asked to review the attached Mississippi River Corridor Critical Area
(MRCCA) Model Ordinance. This draft document was prepared by the Dept. of Natural Resources for all
of those metropolitan communities situated along the Mississippi River with similar critical area overlay
districts, including the City of Mendota Heights.
Background
As part of the city’s 2040 Comprehensive Plan project, the amended plan includes a chapter specifically
related to the Mississippi River Critical Corridor Area (MRCCA), which essentially is the same limits
established by the current Critical Area Overlay district.
In 2016, the Minnesota Department of Natural Resources (DNR) revised the rules and regulations
governing development within the MRCCA for all those communities that contain a MRCCA boundary.
Local communities within the corridor are required to complete a MRCCA plan as a separate chapter of
their Comprehensive Plan Update; and complete an official zoning ordinance update (amendment) by end
of 2021. The City was notified in January that the DNR has given its approval for the City’s proposed
MRCCA plan; final approval is now up to the Metropolitan Council
At the February 2, 2021 council meeting, the City Council was presented with Ordinance No. 562, an
Interim Ordinance Placing a Moratorium on Proposed Development, Subdivision or Certain Construction
and Building Activity Requiring a Permit for Properties Situated in the Critical Area Overlay District. This
ordinance was unanimously adopted by the council.
During this 12-month moratorium period, city staff will be able to research and present information to the
planning commission and City Council as soon as it becomes available; and intends to have a final zoning
ordinance amendment presented in the future for adoption.
Recommended Action
There is no public hearing scheduled on this item; nor any official action to be taken on this item. Staff
requests the planning commission review this model ordinance information; discuss with staff; and provide
general direction on how to proceed in the preparation of a possible ordinance amendment to City Code.
PC Packet Pg. No. 36
MendotaLilydaleSt. PaulWest St. PaulSunfish LakeEaganLake A ug u s ta
L a k e L e M a y Rogers LakeGun Club LakeFIRE HALLCopperfield PondPickerel LakeMississippi RiverSomersetGolf Course(Private)Fort Snelling State ParkResurrectionCemeteryCity Halland PolicePublic WorksGarageFire HallMendakota Golf Course(private)St. ThomasAcademyHenrySibleySeniorHighMendotaElem.Friendly HillsMiddle SchoolPar 3 (Public)AcaciaParkCemeteryVento's View(Wildlife Viewing Station)RamseyCountyParkÊÚÊÚScenic Overlook(Dakota County)St. Peter'sCemeteryMENDOTA BRIDGE
Minnesota RiverSomersetElementarySchoolDodgeNature Center£¤13£¤13£¤55£¤13HEIGHTS LNMINA STDEW§¨¦494§¨¦494£¤55§¨¦35E§¨¦35EDODD RDDELAWARE AVE
DODD RDDELAWARE AVE
DODD RDDODD RDEagan§¨¦494PILOT KNOB RD^_2^_1^_3Mendakota Golf Course(Private)!(1!(2!(3!(5!(4JUPITER DR
BrownCollege!(6Convent of theVisitation School!(7Friendly MarshBOURN LNVA LE NCOUR C RHIDDEN CREEK PATHNATURE WAYMARKET STMAIN STLINDEN STOAK ST4A3B2C1DE1234EDCBALe CordonBleuIceArenaKARL H . PL
89ASPEN WAYBIRCH CTRIVERSIDE LNGLEN TORO RDDELAWARE AVEMARIE AVE WMENDOTA HEIGHTS RDSMITH AVELEXINGTON AVE ONEILL RDLILYDALE RDWENTWORTH AVE WVICTORIA RD
D ST HUBER DROTTAWA AVE
ANNAPOLIS ST CHEROKEE AVE
LAKE DRLEMAY LAKE RDNORTHLAND DRWACHTLER AVEHWY SIBLEY MEMORIALWAGON WHEEL TRLRUTRAPP RDWALSH LN
4TH STBLUE GENTIAN RDDIANE RDBLUEBILL DRDECORAH LN3RD AVECHIPPEWA AVE
APACHE ST
JAMES RDHUNTER LNLILAC LNCHERI LNTIMMY STSYLVANDALE RDNORTHWEST PKYLAURA STCENTRE POINTE CURSOUTH LNE ST
PAGEL RD
G ST LONE OAKP
TRAIL RDHILLTOP RDAZTEC LNWARRIOR DR
DOUGLAS RDF ST
THERESA ST CHEYENNE LNC ST COPPERFIELD DRVICTORIA CURDORSET RDWILLIAM CTEMERSON AVEWESLEY LNENTERPRISE DRSUMMIT LNOVERLOOK RDCALLAHAN PLKNOB RDEVERGREEN KNLMEARS AVESTAPLES AVEORCHARD PLBACHELOR AVEKEOKUK LNIVY HILL DRPUEBLO LN§¨¦35EFIELD STONE DRVANDALL STAVANTI DRFOX PLACACIA DR POND VIEW DRCONCORD WAYMENDOTA RD WMIRIAM STME DORA RDWINSTON CTGRIEVE GBL UE WSWAN DROCALA LNABBEY WAYTWIN CIRCLE DRSUTTON LNLILAC RDSOMERSET RDWATERS DRIVEVISITATION DRSTANWICH LN4TH AVEACACIA BLVDLEMAY AVEIVY FALLS AVEPATRICIA ST
CULLIGAN LNS PLAZA DRKAY AVEWOODRIDGE DRCH ERR Y H ILL R D LONE OAK PTMENDAKOTA DRFARMDALE RDGLENHILL RDHIAWATHA AVEVIEW LNHAMPSHIRE DRBEEBE AVESTRATFORD RDDODGE LNWILLOW LNRIDGE PLMEDALLION DRHAVERTON RDK NOLL W OO D LN FREEWAY RD NAPACHE LNCENTRE POINTE DRSPRING STCELIA DRALICE LNCREEK AVECULLEN AVEMAPLE PARK DRMAPLE STCAREN RDPERRON RDFREMONT AVEV ALL EY CURV E R D STONE RDFARO LNKIRCHNER AVEJUNCTION LNARCADIA DRMONET LNJOHN STLONDON RDKENDON LNSTONEBRIDGE RDNAVAJO LNVICKI LNUPPER COLONIAL DRAPACHE CT
HIGHVIEW CIR SBRIDGEVIEW CTWHITFIELD DRPARK PLACE DRCLEMENT ST POND CIR EPOND CIR WDOWNIN
G STARBOR CTEXECUTIVE DRHAVENVIEW CTLEMAY LAKE DRKRESSIN AVE
LAKEVIEW AVEMEN DAK OT A C T
ORCHARD CIRCONDON CT
HIGHVIEW CIR NWHITE OAKS DRNATURE VIEW LN
KINGSLEY CIR NORCHARD HLNORMA LNODS DRPUEBLO DR
KINGSLEY CIR SCHARDEL CTHIWASSEE TERFURLONG AVEDARLA CTCLAR EM O NT DRFOXWOOD LNELLEN STMAYFIELD HEIGHTS RDIVY FALLS CTCANTON CT
BROOKFIELD LNVICTORY AVEBLUFF CIRHAMPSHIRE CTARVIN DR
ADELINE CTMAGER CTLAURA CTMAPLE PARK CTOXFORD CTVICTORIA CTGRYC C T WINTHROP CTHEATHER CT
BWANA CTRAE CT£¤110ORME ST W§¨¦494 BUTLER AVEBENT T REE L N
BLUE GENTIAN RD
C OM MER CE DRSUNSET LN£¤110K NOLL
W
OO D LN PRIVATE ROAD2ND STSIBLEY CT PRIVATE RD2ND AVEPARK LN2ND ST1ST AVE RID GE PL MOHICAN CTPONTIAC PLCOLESHIRE LNCOLESHIRE LNCOLESHIRE LNFREEWAY RD SEAGLE RIDGE RDEAGLE RIDGE RDEAGLE RIDGE RD
HING HA M C IR
SWAN CTLANSFORD LNLANSFORD LNBROOKSIDE LNBROOKSIDE LNBROOKSIDE LNSIMARD STVAIL DRHIGH POIN T RDWATERSEDGE TERROGERS CTROUND HILL RDNASHUA LNPONDHAVEN LNESTHER LN
CLEME NT ST
CASCADE LNCASCADE LN
ROGERS AVE
DIEGO LN
CENTRE POINTE BLVDPARK CIRCROWN POINT DRLOWER COLONIAL DRLOWER COLONIAL DRNINA CTPRESERVE PATHWESTVIEW TERWESTVIEW TERDEER RUN TRLHILLTOP CTMARY ADELE AVEMARY ADELE AVESTOCKBRIDGE RDOCALA CTOVERLOOK LNBARBARA CTHOKAH AVEDAKOTA DRIVELAKE AUGU STA D R
BRO M PT ON PLGARDEN LNSUTCLIFF CIRSTONEBRIDGE LNBEDFORD CTHAZEL CTWESLEY CTPAMELA LNKINGSLEY CTROLLING GREEN CURW CIRCLE CTHIGH RIDGE CIRHIGH RIDGE CIRHIGH POINT CTSTONEBRIDGE CTSTONEBRIDGE CTWILSHIRE CTDEER TRAIL PTQUAIL RIDGE CIRVERONICA LNSYLVANDALE CTNATURE VIEW CTFALLS VIE W CT
DOUGLAS CTPONDHAVEN CIR
CAREN CTKNOLLWOOD CTCROWN CIRSOMERSET CT
CROWN CTMORSON CIRWINSTON CIRMEDORA CTMAYFIELDCOVENTRY CTDEER TRAIL CTWINDWOOD CTPOND VIEW CTWESTVIEW CIRTOM THUMB BLVDSPRING CREEK CIRFIELD STONE CTHAVERTON CIRSYLVANDALE CT SPON D V IEW T ER
MENDOTA HEIGHTS CIR BOARDWALK
LOCKWOOD DR
3RD STASHLEY LNHUNTER CTCYGNET LN
SUMMIT LNDODD RDPERRON RDWACHTLER AVE
DOUGLAS RDIVY LN R ID GEW OOD D R
VALLEY LNJAMES CTHERITAG E D R
EMERSON AVE1ST AVE.....................................................................E22ND AVE....................................................................E23RD AVE....................................................................E24TH AVE.....................................................................E2ABBEY WAY...............................................................E4ACACIA BLVD.............................................................C3ACACIA DR.................................................................C3ADELINE CT...............................................................D2ALICE LN....................................................................D4ANNAPOLIS ST W.....................................................E1APACHE CT................................................................E4APACHE LN................................................................E4APACHE ST................................................................E4ARBOR CT..................................................................E4ARCADIA DR...............................................................E1ARVIN DR...................................................................D3ASHLEY LN.................................................................E1AVANTI DR.................................................................D3AZTEC LN...................................................................E3BACHELOR AVE.........................................................E2BARBARA CT.............................................................D2BEDFORD CT.............................................................E4BEEBE AVE................................................................E1BENT TREE LN..........................................................E4BLUEBILL DR.............................................................D4BLUFF CIR..................................................................D2BOARDWALK...............................................................D2BOURN LN.................................................................C4BRIDGEVIEW CT.......................................................E4BROMPTON PL..........................................................E1BROOKFIELD LN........................................................E4BROOKSIDE LN.........................................................E2BUTLER AVE..............................................................E1BWANA CT.................................................................D3CALLAHAN PL............................................................E3CANTON CT................................................................E4CAREN CT..................................................................D2CAREN RD..................................................................D2CASCADE LN..............................................................E1CELIA DR....................................................................D2CENTRE POINTE BLVD.............................................C3CENTRE POINTE DR.................................................C3CENTRE POINTE CUR...............................................C3CHERI LN....................................................................D4CHERRY HILL RD.................................................D2,E2CHEYENNE LN...........................................................E4CHIPPEWA AVE..........................................................E1CLAREMONT DR........................................................E4CLEMENT ST..............................................................E2COLESHIRE LN...........................................................E1COMMERCE DR..........................................................B4CONCORD WAY..........................................................E4CONDON CT................................................................D4COPPERFIELD DR......................................................E4COVENTRY CT............................................................D3CREEK AVE.................................................................E3CROWN CIR.................................................................D3CROWN CT..................................................................D3CROWN POINT DR......................................................D3CULLEN AVE................................................................D3CULLIGAN LN...............................................................C3CYGNET LN..................................................................D4DAKOTA DR.................................................................D3DECORAH LN...............................................................E4DEER TRAIL CT...........................................................D2DEER TRAIL PT...........................................................D2DELAWARE AVE..........................................E1,E2,E3,E4DIANE RD.....................................................................D2DIEGO LN......................................................................E1DODD RD.....................................................D4,E1,E2,E3DODGE LN....................................................................E3DORSET RD..................................................................E1DOUGLAS CT................................................................D2DOUGLAS RD...............................................................D2DOWNING ST................................................................E1EAGLE RIDGE RD.........................................................D3ELLEN ST.......................................................................E1EMERSON AVE..............................................................E1ENTERPRISE DR..........................................................C4ESTHER LN...................................................................E1EVERGREEN KNL.........................................................E2EXECUTIVE DR.............................................................C4FALLS VIEW CT.............................................................E1FARMDALE RD........................................................D2,E2FARO LN.......................................................................D3FIELD STONE CT..........................................................E4FIELD STONE DR..........................................................E4FOX PL...........................................................................E3FOXWOOD LN...............................................................E2FREEWAY RD N...........................................................E3FREEWAY RD S...........................................................E3FREMONT AVE.............................................................E1FURLONG AVE.............................................................C4GARDEN LN.................................................................E1GLEN TORO RD...........................................................E3GLENHILL RD..............................................................C3GRYC CT......................................................................E2HAMPSHIRE CT...........................................................E4HAMPSHIRE DR..........................................................E4HAVENVIEW CT..........................................................E4HAVERTON CIR..........................................................E4HAVERTON RD...........................................................E4HAZEL CT....................................................................D4HERITAGE DR.............................................................E4HIAWATHA AVE..........................................................E1HIDDEN CREEK PATH................................................E2HIGH POINT CT...........................................................E4HIGH POINT RD..........................................................E4HIGH RIDGE CIR.........................................................E3HIGHVIEW CIR N........................................................D2HIGHVIEW CIR S.........................................................D2HILLTOP CT.................................................................E3HILLTOP RD.................................................................E3HINGHAM CIR..............................................................E1HIWASSEE TER...........................................................E1HOKAH AVE.................................................................E3HUBER DR...................................................................E4HUNTER CT.................................................................C3HUNTER LN.................................................................C3HWY 110...........................................................C3,D3,E3HWY 13........................................B4.C2,C3,C4,D1,D2,E1HWY 55.............................................................B3,C3,C4HWY SIBLEY MEMORIAL......................................B3,B4I-35E....................................................................D2,D3,D4I-494................................................................A4,B4,C4,D4IVY FALLS AVE.............................................................E1IVY FALLS CT...............................................................E1IVY HILL DR.................................................................E1IVY LN..........................................................................E2JAMES CT....................................................................D2JAMES RD...................................................................D2JOHN ST......................................................................E1JUNCTION LN..............................................................E1JUPITER DR................................................................C4KARL HOHENSTEIN PL..............................................E3KAY AVE......................................................................D3KENDON LN................................................................C4KEOKUK LN.................................................................E4KINGSLEY CIR N.........................................................C2KINGSLEY CIR S.........................................................C2KINGSLEY CT.............................................................C2KIRCHNER AVE..........................................................E1KNOB RD....................................................................E3KNOLLWOOD CT........................................................E1KNOLLWOOD LN..................................................E1,E2KRESSIN AVE.............................................................D4VAIL DR.......................................................................D3VALENCOUR CR.........................................................C3VALLEY CURVE RD....................................................D3VALLEY LN..................................................................E1VANDALL ST...............................................................E2VERONICA LN.............................................................C3VICKI LN......................................................................D2VICTORIA CT..............................................................D3VICTORIA CUR......................................................C3,D3VICTORIA RD........................................................D2,D3VICTORY AVE.............................................................C3VIEW LN......................................................................E1VISITATION DR..........................................................D4W CIRCLE CT.............................................................D3WACHTLER AVE..................................................D2,E3WAGON WHEEL TRL................................................D4WALSH LN..................................................................D3WARRIOR DR.............................................................E3WATERS DR...............................................................C4WATERSEDGE TER...................................................E4WENTWORTH AVE W...............................................E2WESLEY CT................................................................E3WESLEY LN................................................................E3WESTVIEW CIR..........................................................D4WESTVIEW TER.........................................................D4WHITFIELD DR...........................................................E4WILLIAM CT................................................................D3WILLOW LN...........................................................D3,E3WILSHIRE CT..............................................................E4WINDWOOD CT..........................................................D3WINSTON CIR.............................................................E1WINSTON CT..............................................................E1WINTHROP CT...........................................................E4WOODRIDGE DR........................................................E1PUBLIC BUILDINGS: 1) CITY HALL/POLICE.................................................C32) FIRE HALL...............................................................D33) MAINTENANCE CENTER........................................C4SCHOOLS1) St. Thomas Academy................................................D42) Friendly Hills Middle School.......................................E43) Mendota Elementary School......................................D34) Somerset Elementary School......................................E25) Henry Sibley Senior High School................................E36) Brown College............................................................B47)Convent of the Visitation School.................................D48)Cordon Blue................................................................C49)St. Thomas Ice Arena.................................................D4LAKE AUGUSTA DR.......................................................C3LAKE DR.........................................................................D4LAKEVIEW AVE..............................................................C4LANSFORD LN................................................................E2LAURA CT.......................................................................E1LAURA ST.................................................................E1,E2LEMAY AVE.....................................................................B4LEMAY LAKE DR............................................................C3LEMAY LAKE RD............................................................C4LEXINGTON AVE.................................................C2,C3,C4LILAC LN.........................................................................D2LILAC RD...................................................................D2,D3LINDEN ST......................................................................E3LOCKWOOD DR..............................................................E4LONDON RD....................................................................E1LOWER COLONIAL DR.............................................D2,E2MAGER CT......................................................................E3MAIN ST..........................................................................E3MAPLE ST.......................................................................E3MAPLE PARK CT.............................................................E1MAPLE PARK DR............................................................E1MARIE AVE W...........................................................D2,E2MARKET ST....................................................................E3MARY ADELE AVE.........................................................D3MAYFIELD HEIGHTS LN................................................D2MAYFIELD HEIGHTS RD................................................D2MEARS AVE....................................................................E1MEDALLION DR.............................................................C4MEDORA CT...................................................................E1MEDORA RD............................................................E1,E2MENDAKOTA CT...........................................................D3MENDAKOTA DR..........................................................D3MENDOTA HEIGHTS CIR.............................................E4MENDOTA HEIGHTS RD..............................B4,C4,D4,E4MIRIAM ST.....................................................................E1MOHICAN CT.................................................................E4MONET LN................................................................D4,E4MORSON CIR................................................................E4NASHUA LN...................................................................E4NATURE WAY...............................................................E2NAVAJO LN....................................................................E4NINA CT.........................................................................D2NORMA LN.....................................................................E1NORTHLAND DR.....................................................B4,C4OAK ST..........................................................................E3OCALA CT......................................................................E4OCALA LN......................................................................E4ORCHARD CIR..............................................................C2ORCHARD HL................................................................C3ORCHARD PL................................................................C3OVERLOOK LN..............................................................D2OVERLOOK RD.............................................................D2OXFORD CT..................................................................D3PAGEL RD.....................................................................E4PAMELA LN...................................................................E2PARK CIR......................................................................D2PARK LN........................................................................E4PARK PLACE DR...........................................................D2PATRICIA ST.................................................................D3PERRON RD.................................................................B4PILOT KNOB RD...........................................................B4POND CIR E..................................................................E4POND CIR W.................................................................E4POND VIEW CT.............................................................E4POND VIEW DR............................................................E4POND VIEW TER..........................................................E4PONDHAVEN CIR.........................................................E4PONDHAVEN LN.....................................................D4,E4PONTIAC PL..................................................................E4PUEBLO DR...................................................................E4PUEBLO LN...................................................................E4QUAIL RIDGE CIR.........................................................E4RAE CT..........................................................................D2RIDGE PL.................................................................D3,E3RIDGEWOOD DR..........................................................E2ROGERS AVE...............................................................D4ROGERS CT..................................................................D4ROLLING GREEN CUR.................................................D3ROUND HILL RD...........................................................E2S PLAZA DR..................................................................E3SIBLEY CT.....................................................................E3SIMARD ST...................................................................E1SOMERSET CT.............................................................E2SOMERSET RD............................................................E1SOUTH LN....................................................................E3SPRING CREEK CIR.....................................................E3SPRING ST...................................................................E1STANWICH LN.............................................................E2STAPLES AVE..............................................................E1STOCKBRIDGE RD......................................................E4STONE RD...................................................................E4STRATFORD RD.........................................................D3SUMMIT LN...........................................................D2,D3SUNSET LN.................................................................E1SUTCLIFF CIR..............................................................E1SUTTON LN.................................................................E2SWAN CT....................................................................D4SWAN DR....................................................................D4SYLVANDALE CT........................................................E1SYLVANDALE CT S.....................................................E1SYLVANDALE RD........................................................E1THERESA ST..............................................................D3TIMMY ST...................................................................D3TOM THUMB BLVD....................................................D3TRAIL RD....................................................................E2TWIN CIRCLE DR.......................................................D3UPPER COLONIAL DR................................................E2MUNICIPAL (CITY) PARK / OPEN SPACE 1) Friendly Hills Park......................................................E42) Friendly Marsh Park..............................................E3,E43) Hagstrom King Park...................................................E44) Ivy Hills Park..............................................................E15) Kensington Park........................................................E46) Marie Park.................................................................D27) Mendakota Park.......................................................D38) Rogers Lake Park.....................................................D49) Valley Park...........................................................D2,D310) Victoria Highland Park.............................................D211) Wentworth Park......................................................E2COUNTY/REGIONAL PARK 1) Fort Snelling State Park...................................A4,B3,B42) Dodge Nature Center.................................................E3GOLF COURSES 1) Mendakota Golf Course (private)...............................D32) Somerset Golf Course (private)..................................E23) Par 3 (public).............................................................E2CEMETERIES 1) Acacia Park Cemetery................................................B32) Resurrection Cemetery..........................................C3,C43) St. Peter's Cemetery..............................................B3,C3This drawing is neither a legally recorded map nor a survey and is not intendedto be used as one. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document shouldbe used for reference only. No representation is made that features presented accuratelyreflect true location. The City of Mendota Heights, or any other entity from which datawas obtained, assumes no liability for any errors or omissions herein. If discrepanciesare found, please contact the City of Mendota Heights..City of Mendota HeightsCRITICAL AREA MAPMinnesotaPUBLIC BUILDINGSCHOOLSECTION LINECITY BOUNDARYLAKE/RIVERCRITICAL AREAOTHER MUNICIPALITYLast updated November 2006City of Mendota Heights Engineering Departmentx:\gis\criticalarea\criticalarea.mxd^`!(Sources:City of Mendota HeightsDakota County Surveying &Land Information DepartmentPC Packet Pg. No. 37
Guide to City and Township MRCCA Zoning Updates
What is the Mississippi River Corridor Critical Area MRCCA?
The Mississippi River Corridor Critical Area (MRCCA) is a corridor of land along each side the Mississippi River in the Twin
Cities Metropolitan Area with coordinated state, regional and local land use planning and zoning. It includes 54,000
acres in 30 local governments along a 72-mile stretch of the river. Land development in the MRCCA has been regulated
by city and township-adopted MRCCA plans and zoning regulations since 1976 in compliance with state provisions.
These local zoning standards have regulated structure height and setbacks from the river and bluffs as well as vegetation
management and removal, land alteration, and subdivision of land to preserve the corridor’s unique natural,
recreational, and cultural features.
The MRCCA was designated a critical area in 1976 by Executive Order following passage of the Minnesota Critical Areas
Act of 1973. The Executive Order was the governing regulation until it was superseded by MRCCA rules in 2017
(Minnesota Rules Chapter 6106). The rules more consistently protect habitat, scenic views and water quality, and allow
redevelopment to address contemporary needs such as higher density and mixed uses. In 1988, the National Park
Service designated the Mississippi National River & Recreation Area (MNRRA), which shares the same border as the
MRCCA. There are no federal land planning or zoning regulations associated with the MNRRA.
Why is the MRCCA important?
The Mississippi River is one of the most famous rivers in the world. It is the defining feature for the many communities
along its banks. Through the Twin Cities metro area, the MRCCA supports a diverse mix of residential, commercial,
industrial and recreational uses, as well as river-related industry and transportation. Though the river corridor has been
extensively developed, many intact and remnant cultural, natural and scenic areas remain, including bluffs, islands,
floodplains, wetlands, historic resources, and native plants and animals. The state rules and local MRCCA plans and
zoning regulations are designed to protect these resources while accommodating continued growth and redevelopment.
Why is my community updating its MRCCA zoning regulations?
Starting in January 2020 and going through approximately December 2022, all communities in the MRCCA will be
adopting new MRCCA zoning standards consistent with 2017 MRCCA rules and local MRCCA plans that were recently
updated as part of the comprehensive plan 10-year updates. Until a community adopts the new standards, its existing
MRCCA zoning standards apply.
Contact your local city or township zoning staff with questions about relevant standards and permit requirements that
apply to your property. The DNR’s role is to ensure that local government MRCCA zoning regulations comply with the
state rules and to provide technical assistance and oversight to local zoning staff.
PC Packet Pg. No. 38
Overview of New Local Government MRCCA Zoning Regulations
Local MRCCA zoning regulations are administered as an overlay district. Within this overlay district, MRCCA zoning
regulations guide building and construction, vegetation management and removal, and land alteration. These
regulations also affect local decisions on variances and conditional use permits. Following is an explanation of how the
new zoning regulations in the 2017 MRCCA rules will affect some of the most common development activities.
New Terms
Familiarity with the following terms are helpful for understanding MRCCA zoning regulations. These terms are described
and mapped in city and township MRCCA plans (a chapter of the comprehensive plan) and summarized below:
Bluff. A natural feature with an average slope exceeding 18%.
Bluff impact zone. The bluff and land within 20 feet of the bluff.
Native plant communities. Plant communities of five acres or greater that meet the quality criteria established
by the Minnesota Biological Survey to qualify as a native plant community - identified in local government
MRCCA plans.
Natural drainage way. Rivers and streams and any other drainage ways identified by local governments.
Shore impact zone. 50% of the required structure setback from the river.
Significant existing vegetation stands. Largely intact and connected plant communities that contain a sufficient
representation of the original native plant community - identified in local government MRCCA plans.
Wetland. Transitional lands between terrestrial and aquatic systems where the water table is usually at or near
the surface or land covered by shallow water.
Building and Construction
Structure height and structure setbacks from the river and top of bluffs (the top of an 18% slope) vary for each of the six
MRCCA districts (See Table 1). These provisions protect scenic views and keep buildings and other development activity
away from sensitive shorelines and slopes that provide habitat and are prone to soil erosion and slope failure. Structure
height and setback standards will not change for most property owners. See the MRCCA Boundary and Districts web
page to find the district in which your parcel is located.
Table 1. Building and constructions standards for each of the six MRCCA districts.
Build & Construction Standards Rural
Open
Space
(CA-ROS)
River
Neighborhood
(CA-RN)
River
Towns and
Crossings
(CA-RTC)
Separated
from River
(CA-SR)
Urban
Mixed
(CA-UM)
Urban
Core (CA-
UM)
Maximum Structure Height 35’ 35’ 48’* Underlying
Zoning 65’* Underlying
Zoning
Mississippi River Structure Setback 200’ 100’ 75’ n/a 50’ Underlying
Zoning
Bluff Structure Setback 100’ 40’ 40’ 40’ 40’ 40’
*Greater height may be allowed with a Conditional Use Permit.
Expansion of Nonconforming Structures
Legal nonconforming structures were lawfully permitted when they were built. However, when zoning standards change
and these structures no longer conform to the new standards, they become legally nonconforming or “grandfathered.”
Nonconforming structures are common in the MRCCA. Minnesota Statute (MS §462.357, Subd. 1e) protects the rights of
PC Packet Pg. No. 39
the owners of nonconforming structures, and allows for their continued use, including repair, replacement, restoration,
maintenance, or improvement. Under the MRCCA rules, local governments may allow the lateral expansion of legally
nonconforming principal structures such as homes, as long as they do not expand further into required setbacks from
the river and bluff.
Land Alteration Standards (Grading & Filling)
Land alteration in areas near water and on steep slopes increases the risk of soil erosion and the movement of sediment
into water. A new local government permit is required for the following land alteration activities:
• Any activity that disturbs more than 10 cubic yards or 1,000 square feet of soil within the shore impact zone or
within 50 feet of a public water, wetland, or natural drainage way, whichever is greater.
• Erosion control projects and repair & maintenance of existing structures in the bluff impact zone. All other
activities are prohibited in the bluff impact zone.
• Riprap, retaining walls or other erosion control structures to correct an established erosion problem as
determined by the local government. There are specific design standards and conditions for constructing these
structures. The construction of structures below the ordinary high water level would continue to require a DNR
permit or approval.
Vegetation Removal & Management Standards
Retaining vegetation along the river and on slopes is
important to stabilize soil and to slow, absorb, and
filter stormwater before it runs into the river.
Vegetation is also important for retaining the scenic
qualities of the river. Local MRCCA regulations include
a new vegetation permit and standards for protecting
and managing vegetation.
Landscaping & Maintenance Activities that DO NOT
Require a Permit:
• Maintenance of existing lawns, landscaping
and gardens;
• Removal of vegetation in emergency
situations as determined by the local
government;
• The removal of isolated individual trees or
shrubs that are not in a contiguous patch,
strip, row, or block and that does not
substantially reduce the tree canopy or
understory cover.
Prohibited Vegetation Removal Activities
The intensive removal of all or a majority of the trees
or shrubs in a contiguous patch, strip, row, or block in
protected areas - the shore impact zone, bluff impact
zone, within 50 feet of a wetland or natural drainage
way or of native plant communities and significant
existing vegetative stands - is prohibited. Figure 1
shows some of these protected areas – protected
areas are shown in color. Note that isolated trees and
shrubs may be removed in protected areas without a
permit.
Figure 1. Intensive removal of vegetation in prohibited
in protected areas.
PC Packet Pg. No. 40
Allowed Vegetation Removal Activities with a Permit:
Some vegetation removal activities in protected areas are allowed with a vegetation permit, including removal:
• of vegetation that is dead, diseased, dying, or hazardous;
• to prevent the spread of diseases or insect pests;
• of invasive non-native species;
• to prepare for restoration and erosion control management activities consistent with a plan approved by the
local government;
• of the minimum necessary for construction allowed with a building permit.
River Access on Riparian Lots
Local MRCCA regulations include new design standards for
river access including access paths and stairways, water-
oriented structures and patios and decks (see Figure 2):
• Private driveways, parking areas and other impervious
surfaces must not be placed in the shore impact zone or
the bluff impact zone, except for:
o Access Paths: Access paths can be no wider than
8 feet wide in the shore impact zone or 4 feet
wide in a bluff impact zone.
o Stairways, lifts, and landings: Stairways, lifts,
and landings are allowed in the shore impact
zone and the bluff impact zone as long as
stairways and lifts are no wider than 4 feet and
landings no more than 32 square feet.
• Decks and patios may encroach into bluff and river setbacks
up to 15% of the required structure setback, provided they
don’t extend into the bluff impact zone.
• One water-oriented accessory structure is allowed for
every 300 feet of river frontage. Lots less than 300 feet
may have one structure. The water-oriented accessory
structure is limited to a 12-foot height, 120 square foot
area, and must be at least 10 feet from the water’s edge.
These structures are not allowed in the bluff impact
zone.
• Temporary storage of docks, boats, and other equipment during the winter months are prohibited in the bluff
impact zone but allowed in the shore impact zone.
(Insert MRCCA web address)
Figure 2. River Access Design Standards.
PC Packet Pg. No. 41
Mississippi River Corridor Critical Area (MRCCA) Model
Ordinance
This word document should be used with the model ordinance document containing commentary. The
commentary document explains many provisions including guidance for ordinance administration and
considerations for determining whether certain provisions are needed. The commentary document also includes
optional language reflecting higher standards than those in rule. This optional language is shown as blue bold
additions or deletions in the commentary document and are also included in this document.
1.0 AUTHORITY, INTENT AND PURPOSE
1.1 Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) (section, chapter or article)
is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G,
Minnesota Rules, Parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 462 and 473.
1.2 Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to
regulate the subdivision, use and development of designated critical areas and thus preserve and
enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for
the wise use of these areas.
2.0 GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction. The provisions of this (section, chapter or article) apply to land within the river corridor
boundary as described in the State Register, volume 43, pages 508 to 519 and shown on the zoning map
(insert reference citation).
2.2 Enforcement. The (insert name of local government or designated official) is responsible for the
administration and enforcement of this (section, chapter or article). Any violation of its provisions or
failure to comply with any of its requirements including violations of conditions and safeguards
established in connection with grants of variances or conditional uses constitutes a misdemeanor and is
punishable as defined by law. Violations of this (section, chapter or article) can occur regardless of
whether or not a permit is required for a regulated activity listed in Section 3.2.
2.3 Severability. If any section, clause, provision, or portion of this (section, chapter or article) is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this (section, chapter or
article) shall not be affected thereby.
2.4 Abrogation and Greater Restrictions. It is not intended by this (section, chapter or article) to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this
(section, chapter or article) imposes greater restrictions, the provisions of this (section, chapter or article)
shall prevail. All other (sections, chapters or articles) inconsistent with this (section, chapter or article) are
hereby repealed to the extent of the inconsistency only.
2.5 Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of
this overlay district are more restrictive.
2.6 Definitions. Unless specifically defined below, words or phrases used in this (section, chapter or article)
shall be interpreted to give them the same meaning they have in common usage and to give this
PC Packet Pg. No. 42
(section, chapter or article) its most reasonable application. For the purpose of this (section, chapter or
article), the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise
specified, are measured horizontally.
2.611 Access path. An area designated to provide ingress and egress to public waters.
2.612 Adjacent. Having a boundary that physically touches or adjoins.
2.613 Agricultural use. A use having the meaning given under Minnesota Statutes, section 40A.02.
2.614 Alternative design. Subdivision design methods such as conservation design, transfer of
development density, or similar zoning and site design techniques that protect open space and
natural areas.
2.615 Barge fleeting. Temporarily parking and securing barges on the river, on or off channel, while
tows are assembled or broken up.
2.616 Biological and ecological functions. The functions of vegetation in stabilizing soils and slopes,
retaining and filtering runoff, providing habitat, and recharging groundwater.
2.617 Bluff. A natural topographic feature having:
A. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or greater,
measured over a horizontal distance of 25 feet, as follows:
a. Where the slope begins above the ordinary high water level, from the toe of the
slope to the top of the slope; or
b. Where the slope begins below the ordinary high water level, from the ordinary high
water level to the top of the slope. See Figure 1; or
B. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high
water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope
of 75 degrees or greater. See Figure 2.
OR
2.617 Bluff. A natural topographic feature having:
A. A slope that rises at least 25 feet and the grade of the slope averages 18 percent or
greater, measured over a horizontal distance of 25 feet, from the toe of the slope to the
top of the slope. Where the slope begins below the ordinary high water level, the ordinary
high water level is the toe of the slope. See Figure 1; or
PC Packet Pg. No. 43
Figure 1. Bluff and Bluff Impact Zone
B. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary
high water level or toe of the slope, whichever is applicable, to the top of the slope, with a
slope of 75 degrees or greater. See Figure 2.
Figure 2. Natural Escarpment Bluff and Bluff Impact Zone
2.618 Bluff impact zone. A bluff and land located within 20 feet of the bluff. See Figures 1 and 2.
2.619 Bluffline. A line delineating the top of the bluff. More than one bluffline may be encountered
proceeding landward from the river. See Figures 1 and 2.
2.620 Bluff, Toe of. A line along the bottom of a bluff, requiring field verification, such that the slope
above the line exceeds 18 percent and the slope below the line is 18 percent or less, measured
over a horizontal distance of 25 feet. See Figures 1 and 2.
2.621 Bluff, Top of. A line along the top of a bluff, requiring field verification, such that the slope below
the line exceeds 18 percent and the slope above the line is 18 percent or less, measured over a
horizontal distance of 25 feet. See Figures 1 and 2.
PC Packet Pg. No. 44
2.622 Buildable area. The area upon which structures may be placed on a lot or parcel of land and
excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones,
historic properties, wetlands, designated floodways, land below the ordinary high water level of
public waters, and other unbuildable areas.
2.623 Building. A structure with two or more outside rigid walls and a fully secured roof and affixed to a
permanent site.
2.624 Certificate of compliance. A document written after a compliance inspection, certifying that the
development is in compliance with applicable requirements at the time of the inspection.
2.625 Commissioner. The commissioner of the Minnesota Department of Natural Resources.
2.626 Conditional use. A use having the meaning given under Minnesota Statutes, chapters 394 and
462.
2.627 Conservation design. A pattern of subdivision that is characterized by grouping lots within a
portion of a parcel, where the remaining portion of the parcel is permanently protected as open
space.
2.628 Conventional subdivision. A pattern of subdivision that is characterized by lots that are spread
regularly throughout a parcel in a lot and block design.
2.629 Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or without
attached railings, seats, trellises, or other features, attached or functionally related to a principal
use or site.
2.630 Developer. Having the meaning given under Minnesota Statutes, section 116G.03.
2.631 Development. Having the meaning given under Minnesota Statutes, section 116G.03.
2.632 Discretionary action. An action under this chapter related to land use that requires a public
hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned
unit developments, conditional use permits, interim use permits, variances, appeals, and
rezonings.
2.633 Dock. Having the meaning given under Minnesota Rules, chapter 6115.
2.634 Electric power facilities. Equipment and associated facilities for generating electric power or
devices for converting wind energy to electrical energy as identified and defined under
Minnesota Statutes, section 216E.
2.635 Essential services. Underground or overhead gas, electrical, communications, steam, or water
distribution, collection, supply, or disposal systems, including storm water. Essential services
include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants, navigational structures, aviation safety facilities or other similar equipment and
accessories in conjunction with the systems. Essential services does not include buildings,
treatment works as defined in Minnesota Statutes, chapter 115.01, electric power facilities or
transmission services.
2.636 Feedlot. Having the meaning given for animal feedlots under Minnesota Rules chapter 7020.
2.637 Floodplain. Having the meaning given the meaning given under Minnesota Rules chapter 6120.
2.638 Fully reconstructs. The reconstruction of an existing impervious surface that involves site grading
and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing
activities are not considered fully reconstructed.
PC Packet Pg. No. 45
2.639 Hard-surface trail. A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-
purpose use, as determined by local, regional, or state agency plans.
2.640 Historic property. An archaeological site, standing structure, site, district, or other property that
is:
A. Listed in the National Register of Historic Places or the State Register of Historic Places or
locally designated as a historic site under Minnesota Statutes, section 471;
B. determined to meet the criteria for eligibility to the National Register of Historic Places or
the State Register of Historic Places as determined by the director of the Minnesota
Historical Society; or
C. An unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307, in
consultation with the Office of the State Archaeologist.
2.641 Impervious surface. A constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate
of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking
lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces.
2.642 Intensive vegetation clearing. The removal of all or a majority of the trees or shrubs in a
contiguous patch, strip, row, or block.
2.643 Interim use. A use having the meaning given under Minnesota Statutes, section 394 and 462.
2.644 Land alteration. An activity that exposes the soil or changes the topography, drainage, or cross
section of the land, excluding gardening or similar minor soil disturbances.
2.645 Local government. Counties, cities, and townships.
2.646 Local park agencies. The Minneapolis Park and Recreation Board and the Three Rivers Park
District.
2.647 Lot. Having the meaning given under Minnesota Rules chapter 6120.
2.648 Lot width. The shortest distance between lot lines measured at both the ordinary high water
level and at the required structure setback from the ordinary high water level. See Figure 3.
Figure 3. Lot Width
2.649 Marina. Having the meaning given under Minnesota Rules chapter 6115.
PC Packet Pg. No. 46
2.650 Mississippi River Corridor Critical Area (MRCCA). The area within the River Corridor Boundary
(See Section 2.680).
2.651 Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter or other element in the (insert
name of jurisdiction) comprehensive plan.
2.652 Mooring facility. Having the meaning given under Minnesota Rules chapter 6115.0170.
2.653 Native plant community. A plant community that has been identified as part of the Minnesota
Biological Survey or biological survey issued or adopted by a local, state, or federal agency.
2.654 Natural-surface trail. A trail composed of native soil and rock or compacted granular stone,
primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional,
or state agency plans.
2.655 Natural vegetation. Any combination of ground cover, understory, and tree canopy that, while it
may have been altered by human activity, continues to stabilize soils, retain and filter runoff,
provide habitat, and recharge groundwater.
2.656 Nonconformity. Having the meaning given under Minnesota Statutes, section 394.22.
2.657 Nonmetallic mining. Construction, reconstruction, repair, relocation, expansion, or removal of
any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic
minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities
such as access roads, bridges, culverts, and water level control structures. For purposes of this
subpart, “facility” includes all mine pits, quarries, stockpiles, basins, processing structures and
equipment, and any structures that drain or divert public waters to allow mining.
2.658 Off-premise advertising signs. Those signs that direct attention to a product, service, business, or
entertainment venue that is not exclusively related to the premises where the sign is located.
2.659 Ordinary high water level (OHWL). Having the meaning given under Minnesota Statutes, section
103G.005.
2.660 Overlay district. A zoning district that is applied over one or more previously established zoning
districts, establishing additional or stricter standards and criteria for covered properties in
addition to those of the underlying zoning district. Overlay districts are often used to protect
historic features and natural resources such as shoreland or floodplain.
2.661 Parcel. Having the meaning given under Minnesota Statutes, section 116G.03.
2.662 Patio. A constructed hard surface located at ground level with no railings and open to the sky.
2.663 Picnic shelter. A roofed structure open on all sides, accessory to a recreational use.
2.664 Planned unit development. A method of land development that merges zoning and subdivision
controls, allowing developers to plan and develop a large area as a single entity, characterized by
a unified site design, a mix of structure types and land uses, and phasing of development over a
number of years. Planned unit development includes any conversion of existing structures and
land uses that utilize this method of development.
2.665 Plat. Having the meaning given under Minnesota Statutes, sections 505 and 515B.
2.666 Port. A water transportation complex established and operated under the jurisdiction of a port
authority according to Minnesota Statutes, section 458.
2.667 Primary conservation areas. Key resources and features, including shore impact zones, bluff
impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural
PC Packet Pg. No. 47
drainage routes, unstable soils and bedrock, native plant communities, cultural and historic
properties, and significant existing vegetative stands, tree canopies, and other resources
identified in local government plans.
2.668 Private facilities. Private roads, driveways, and parking areas, private water access and viewing
facilities, decks and patios in setback areas, and private signs.
2.669 Professional engineer. An engineer licensed to practice in Minnesota.
2.670 Public facilities. Public utilities, public transportation facilities, and public recreational facilities.
2.671 Public recreation facilities. Recreational facilities provided by the state or a local government and
dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks,
fishing piers, picnic shelters, water access ramps, and other similar water-oriented public
facilities used for recreation.
2.672 Public river corridor views. Views toward the river from public parkland, historic properties, and
public overlooks, as well as views toward bluffs from the ordinary high water level of the
opposite shore, as seen during the summer months and documented in the MRCCA plan/chapter
of the comprehensive plan.
2.673 Public transportation facilities. All transportation facilities provided by federal, state, or local
government and dedicated to public use, such as roadways, transit facilities, railroads, and
bikeways.
2.674 Public utilities. Electric power facilities, essential services, and transmission services.
2.675 Public waters. Having the meaning given under Minnesota Statutes, section 103G.005.
2.676 Readily visible. Land and development that are easily seen from the ordinary high water level of
the opposite shore during summer months.
2.677 Resource agency. A federal, state, regional, or local agency that engages in environmental,
natural, or cultural resource protection or restoration activities, including planning,
implementation, and monitoring.
2.678 Retaining wall. A vertical or nearly vertical structures constructed of mortar and rubble masonry,
rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling
supports, sheet pilings, poured concrete, concrete blocks, or other durable materials.
2.679 Rock Riprap. Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge
abutments, pilings and other shoreline structures against scour, or water or ice erosion.
2.680 River corridor boundary. The boundary approved and adopted by the Metropolitan Council
under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in
Minnesota Statutes, section 116G.15, and as legally described in the Sate Register, volume 43,
pages 508 to 518.
2.681 River-dependent use. The use of land for commercial, industrial, or utility purposes, where access
to and use of a public water feature is an integral part of the normal conduct of business and
where the use is dependent on shoreline facilities.
2.682 Selective vegetation removal. The removal of isolated individual trees or shrubs that are not in a
contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or
understory cover.
2.683 Setback. A separation distance measured horizontally.
PC Packet Pg. No. 48
2.684 Shore impact zone. Land located between the ordinary high water level of public waters and a
line parallel to it at a setback of 50 percent of the required structure setback or, for agricultural
use, 50 feet landward of the ordinary high water level. See Figure 4.
Figure 4. Shore Impact Zone
2.685 Shoreline facilities. Facilities that require a location adjoining public waters for ingress and
egress, loading and unloading, and public water intake and outflow, such as barge facilities, port
facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term
watercraft mooring facilities for patrons, and water access ramps. Structures that would be
enhanced by a shoreline location, but do not require a location adjoining public waters as part of
their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships.
2.686 Special purpose units of government. The University of Minnesota, the St. Paul Port Authority,
watershed management organizations established under Minnesota Statutes, chapter 103B,
watershed districts established under Minnesota Statutes, chapter 103D, and any other unit of
government other than local government or a state or regional agency.
2.687 State or regional agency. The Metropolitan Airports Commission, Minnesota Historical Society,
University of Minnesota, Department of Natural Resources, Department of Transportation,
Metropolitan Council and other state agencies.
2.688 Steep slope. A natural topographic feature with an average slope of 12 to 18 percent, measured
over a horizontal distance equal to or greater than 50 feet, and any slopes greater than 18
percent that are not bluffs.
2.689 Storm water management facilities. Facilities for the collection, conveyance, treatment, or
disposal of storm water.
2.690 Structure. A building, sign, or appurtenance thereto, except for aerial or underground utility lines,
such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other
supporting appurtenances.
2.691 Subdivision. Having the meaning given under Minnesota Statutes, section 462.352.
2.692 Subsurface sewage treatment system. Having the meaning given under Minnesota Rules, part
7080.1100.
2.693 Transmission services.
A. Electric power lines, cables, pipelines, or conduits that are:
PC Packet Pg. No. 49
(1) used to transport power between two points, as identified and defined under Minnesota
Statutes, section 216E.01, subdivision 4; or
(2) For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas,
liquids, or solids in suspension between two points; and
B. Telecommunication lines, cables, pipelines, or conduits.
2.694 Treeline. The more or less continuous line formed by the tops of trees in a wooded area when
viewed from a particular point. The treeline is determined during all seasons as if under full
foliage.
2.695 Twin Cities Metropolitan area. The area over which the Metropolitan Council has jurisdiction
according to Minnesota Statutes, section 473.121 subdivision 2.
2.696 Variance. Having the meaning given under Minnesota Statutes, section 394.22.
2.697 Water access ramp. A boat ramp, carry-down site, boarding dock, and approach road, or other
access that allows launching and removal of a boat, canoe, or other watercraft with or without a
vehicle and trailer.
2.698 Water-oriented accessory structure. A small building or other improvement, except stairways,
fences, docks, and retaining walls, that, because of the relationship of its use to public waters,
needs to be located closer to public waters than the normal structure setback. Examples include
gazebos, screen houses, fish houses, pump houses, and detached decks and patios.
2.699 Water quality impact zone. Land within the shore impact zone or within 50 feet of the boundary
of a public water, wetland, or natural drainage way, whichever is greater.
2.670 Wetland. Having the meaning given under Minnesota Statutes, section 103G.005.
2.671 Wharf. Having the meaning given under Minnesota Rules, part 6115.0170.
3.0 ADMINISTRATION
3.1 Purpose. The purpose of this Section is to identify administrative provisions to ensure this (section,
chapter, or article) is administered consistent with its purpose.
3.2 Permits. A permit is required for the construction of buildings or building additions (including
construction of decks and signs), the installation and/or alteration of sewage treatment systems,
vegetation removal consistent with Section 9.0 and land alterations consistent with Section 10.0.
3.3 Variances. Variances to the requirements under this (section, chapter, or article) may only be granted in
accordance with Minnesota Statutes, Section 462.357 and must consider the potential impacts of
variances on primary conservation areas, public river corridor views, and other resources identified in
the MRCCA plan. In reviewing the variance application, the (zoning authority, governing body, or other
appropriate term) shall:
3.31 Evaluate the impacts to these resources. and if negative impacts are found, require conditions to
mitigate the impacts that are related to and proportional to the impacts, consistent with Section
3.5 and
3.32 Make written findings that the variance is consistent with the purpose of this (section, chapter, or
article), as follows.
A. The extent, location and intensity of the variance will be in substantial compliance with
the MRCCA Plan;
PC Packet Pg. No. 50
B. The variance is consistent with the character and management purpose of the MRCCA
district in which it is located;
C. The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative
incremental impacts to PCAs and PRCVs when considered in the context of past, present
and reasonable future actions; and
D. The variance will not negatively impact (other MRCCA plan-identified resources).
3.4 Conditional and interim use permits. All conditional and interim uses, required under this (section,
chapter or article), must comply with Minnesota Statutes, section 462.3595 and must consider the
potential impacts on primary conservation areas, public river corridor views, and other resources
identified in the MRCCA plan. In reviewing the application, the (zoning authority, governing body, or
other appropriate term) shall:
3.41 Evaluate the impacts to these resources and if negative impacts are found, require conditions to
mitigate the impacts that are related to and proportional to the impacts, consistent with Section
3.5; and
3.42 Make written findings that the conditional use is consistent with the purpose of this (section,
chapter, or article), as follows.
A. The extent, location and intensity of the conditional use will be in substantial compliance
with the MRCCA Plan;
B. The conditional use is consistent with the character and management purpose of the
MRCCA district in which it is located;
C. The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to
negative incremental impacts to PCAs and PRCVs when considered in the context of past,
present and reasonable future actions; and
D. The conditional use will not negatively impact (other MRCCA plan-identified resources).
3.5 Conditions of Approval. The (zoning authority, governing body, or other appropriate term) shall
evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if
negative impacts are found, require conditions to mitigate the impacts that are related to and
proportional to the impacts. Mitigation may include:
A. Restoration of vegetation identified as “vegetation restoration priorities” identified in the
MRCCA plan.
B. Preservation of existing vegetation;
C. Stormwater runoff management;
D. Reducing impervious surface;
E. Increasing structure setbacks;
F. Wetland and drainageway restoration and/or preservation; and
G. And other conservation measures.
3.6 Application materials. Applications for permits and discretionary actions required under this (section,
chapter or article) must submit the following information unless the (insert designated official)
determines that the information is not needed.
3.61 A detailed project description; and
PC Packet Pg. No. 51
3.62 Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials
that identify and describe:
A. Primary conservation areas;
B. Public river corridor views;
C. Buildable area;
D. Existing and proposed topography and drainage patterns;
E. Proposed storm water and erosion and sediment control practices;
F. Existing and proposed vegetation to be removed and established;
G. Ordinary high water level, blufflines, and all required setbacks;
H. Existing and proposed structures;
I. Existing and proposed impervious surfaces; and
J. Existing and proposed subsurface sewage treatment systems.
3.7 Nonconformities.
3.71 All legally established nonconformities as of the date of this ordinance may continue consistent
with 462.357 Subd. 1e .
3.72 New structures erected in conformance with the setback averaging provisions of Section 6.34 are
conforming structures.
3.73 Site alterations and expansion of site alterations that were legally made prior to the effective
date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm
water control measures, and other nonstructural site improvements.
3.74 Legally nonconforming principal structures that do not meet the setback requirements of Section
6.3 may be expanded laterally provided that:
A. The expansion does not extend into the shore or bluff impact zone or further into the
required setback than the building line of the existing principal structure (See Figure 5); and
B. The expanded structure’s scale and bulk is consistent with that of the original structure and
existing surrounding development.
PC Packet Pg. No. 52
Figure 5. Expansion of Nonconforming Structure
3.8 Notifications.
3.81 Amendments to this (section, chapter, or article) and to the MRCCA plan must be submitted to
the Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B – I.
3.82 Notice of public hearings for discretionary actions, including conditional and interim use permits,
variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs,
must be sent to the following entities at least thirty (30) ten (10) days prior to the hearing:
A. The Commissioner in a format prescribed by the DNR;
B. National Park Service; and
C. where building heights exceed the height limits specified in Section 6.2 as part of the
conditional use or variance process, adjoining local governments within the MRCCA, including
those with overlapping jurisdiction and those across the river.
3.83 Notice of final decisions for actions in Section 3.71, including findings of fact, must be sent to the
Commissioner, the National Park Service, and adjoining local governments within the MRCCA
within ten (10) days of the final decision.
3.84 Requests to amend district boundaries must follow the provisions in Minnesota Rules, part
6106.0100, Subp. 9, Item C.
3.85 The DNR will be notified at time of application submittal of master plans, PUDs, preliminary, and
final plats
3.9 Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide
persons with disabilities access to the persons’ property, as required by the federal Americans with
Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341,
must:
3.91 Comply with Sections 6.0 to 12.0; or
3.92 If Sections 6.0 to 12.0 cannot be complied with, ramps or other facilities are allowed with an
administrative permit provided:
PC Packet Pg. No. 53
A. The permit terminates on either a specific date or upon occurrence of a particular event
related to the person requiring accommodation; and
B. Upon expiration of the permit, the ramp or other facilities must be removed.
4.0 MRCCA DISTRICTS
4.1 Purpose. The purpose of this Section is to establish districts under which building height and structure
placement are regulated to protect and enhance the Mississippi River’s resources and features
consistent with the natural and built character of each district.
4.2 District description and management purpose. The MRCCA within the (City or Town) is divided into the
following MRCCA Districts:
4.21 Rural and Open Space (ROS).
A. Description. The ROS District is characterized by rural and low-density development patterns
and land uses, and includes land that is riparian or visible from the river, as well as large,
undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands.
Many primary conservation areas exist in the district.
B. Management purpose. The ROS District must be managed to sustain and restore the rural and
natural character of the corridor and to protect and enhance habitat, parks and open space,
public river corridor views, and scenic, natural, and historic areas.
4.22 River Neighborhood (RN).
A. Description. The RN District is characterized by primarily residential neighborhoods that are
riparian or readily visible from the river or that abut riparian parkland. The district includes
parks and open space, limited commercial development, marinas, and related land uses.
B. Management purpose. The RN District must be managed to maintain the character of the
river corridor within the context of existing residential and related neighborhood
development, and to protect and enhance habitat, parks and open space, public river corridor
views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated
storm water into the river and enhancing habitat and shoreline vegetation are priorities in the
district.
4.23 River Towns and Crossings (RTC).
A. Description. The RTC District is characterized by historic downtown areas and limited nodes of
intense development at specific river crossings, as well as institutional campuses that predate
designation of the MRCCA, and that include taller buildings.
B. Management purpose. The RTC district must be managed in a manner that allows continued
growth and redevelopment in historic downtowns and more intensive redevelopment in
limited areas at river crossings to accommodate compact walkable development patterns and
connections to the river. Minimizing erosion and the flow of untreated storm water into the
river, providing public access to and public views of the river, and restoring natural vegetation
in riparian areas and tree canopy are priorities in the district.
4.24 Separated from River (SR).
A. Description. The SR District is characterized by its physical and visual distance from the
Mississippi River. The district includes land separated from the river by distance, topography,
development, or a transportation corridor. The land in this district is not readily visible from
the Mississippi River.
PC Packet Pg. No. 54
B. Management purpose. The SR district provides flexibility in managing development without
negatively affecting the key resources and features of the river corridor. Minimizing negative
impacts to primary conservation areas and minimizing erosion and flow of untreated storm
water into the Mississippi River are priorities in the district. The RTC district must be managed
in a manner that allows continued growth and redevelopment in historic downtowns and
more intensive redevelopment in limited areas at river crossings to accommodate compact
walkable development patterns and connections to the river. Minimizing erosion and the flow
of untreated storm water into the river, providing public access to and public views of the
river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the
district.
4.25 Urban Mixed (UM).
A. Description. The UM District includes large areas of highly urbanized mixed use that are a part
of the urban fabric of the river corridor, including institutional, commercial, industrial, and
residential areas and parks and open space.
B. Management purpose. The UM District must be managed in a manner that allows for future
growth and potential transition of intensely developed areas that does not negatively affect
public river corridor views and that protects bluffs and floodplains. Restoring and enhancing
bluff and shoreline habitat, minimizing erosion and flow of untreated storm water into the
river, and providing public access to and public views of the river are priorities in the district.
4.26 Urban Core (UC).
A. Description. The UC District includes downtown.
B. Management purpose. The UC District must be managed with the greatest flexibility to
protect commercial, industrial, and other high-intensity urban uses, while minimizing negative
impacts to primary conservation areas and minimizing erosion and flow of untreated storm
water into the river. Providing public access to and public views of the river are priorities in
the district.
4.3 MRCCA district map. The locations and boundaries of the MRCCA districts established by this (section,
chapter, or article) are shown on (insert name of MRCCA Overlay District map) which is incorporated
herein by reference. The district boundary lines are intended to follow the center lines of rivers and
streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise
indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line
is determined by use of dimensions or the scale appearing on the map.
5.0 SPECIAL LAND USE PROVISIONS
5.1 Purpose. To identify development standards and considerations for land uses that have potential to
negatively impact primary conservation areas and public river corridor views.
5.2 Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with
additional provisions for the following land uses:
5.21 Agricultural use. Perennial ground cover is required within 50 feet of the ordinary high water
level and within the bluff impact zone.
5.22 Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots
and manure storage areas must conform with Minnesota Rules, chapter 7020.
PC Packet Pg. No. 55
5.23 Forestry. Tree harvesting and biomass harvesting within woodlands, and associated
reforestation, must be consistent with recommended practices in Conserving Wooded Areas in
Developing Communities: Best Management Practices in Minnesota.
5.24 Nonmetallic mining. Nonmetallic mining requires a conditional use permit or interim use permit
issued by the local government, subject to the following:
A. New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone
and within the required structure setback from the bluffline and OHWL;
B. Processing machinery must be located consistent with setback standards for structures as
provided in Section 6.3;
C. Only one barge loading area, which must be limited to the minimum size practicable, is
permitted for each mining operation;
D. New and, where practicable, existing nonmetallic mining operations must not be readily
visible and must be screened by establishing and maintaining natural vegetation. The
unscreened boundaries of nonmetallic mining areas are limited to only the barge loading
area;
E. A site management plan must be developed by the operator and approved by the local
government before new nonmetallic mining commences. Operations must be consistent
with the site plan throughout the duration of operations at the site. The site management
plan must:
(1) Describe how the site will be developed over time with an emphasis on minimizing
environmental risk to public waters;
F. Explain where staged reclamation may occur at certain points during the life of the site;
G. Address dust, noise, storm water management, possible pollutant discharges, days and
hours of operation, and duration of operations; and
H. Describe any anticipated vegetation and topographic alterations outside the pit, and
reclamation plans consistent with the stated end use for the land; and;
I. Existing and new nonmetallic mining operations must submit land reclamation plans to the
local government compatible with the purposes of this ordinance.
5.25 River-dependent uses. River-dependent uses must comply with the following design standards:
A. Structures and parking areas, except shoreline facilities and private roads and conveyances
serving river-dependent uses as provided in Section 12.0, must meet the dimensional and
performance standards in this (section, chapter, or article), must be designed so that they are
not readily visible, and must be screened by establishing and maintaining natural vegetation;
B. Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must:
(1) be designed in a compact fashion so as to minimize the shoreline area affected; and
(2) minimize the surface area of land occupied in relation to the number of watercraft or
barges to be served; and
C. Dredging and placement of dredged material are subject to existing federal and state permit
requirements and agreements.
PC Packet Pg. No. 56
5.26 Wireless communication towers. Wireless communication towers require a conditional or
interim use permit and are subject to the following design standards:
A. The applicant must demonstrate that functional coverage cannot be provided through co-
location, a tower at a lower height, or a tower at a location outside of the MRCCA;
B. The tower must not be located in a bluff or shore impact zone; and
C. Placement of the tower must minimize impacts on public river corridor views.
D. Comply with the general design standards in Section 8.2.
6.0 STRUCTURE HEIGHT AND PLACEMENT AND LOT SIZE
6.1 Purpose. To establish standards that protect primary conservation areas and public river corridor views
from development impacts and ensure that new development is sited consistent with the purpose of the
MRCCA.
6.2 Structure height. Structures and facilities must comply with the following standards unless identified as
exempt in Section 12.0.
6.21 Structures and facilities must comply with the following standards unless identified as exempt in
Section 12.0.
A. ROS District: 35 feet (or lower).
B. RN District: 35 feet.
C. RTC District: 48 feet (or lower), provided tiering of structures away from the Mississippi
River and from blufflines is given priority, with lower structure heights closer to the river and
blufflines, and that structure design and placement minimizes interference with public river
corridor views. Structures over 48 feet (or lower) and up to (fill in a max. height) are
allowed as a conditional use according to Section 6.23.
D. SR District: Height is determined by underlying zoning, provided the allowed height is
consistent with that of the mature treeline, where present, and existing surrounding
development, as viewed from the OWHL of the opposite shore.
E. UM District: 65 feet, provided tiering of structures away from the Mississippi River and from
blufflines is given priority, with lower structure heights closer to the river and blufflines, and
that structure design and placement minimize interference with public river corridor views.
Structures over 65 feet (or lower) and up to (fill in a max. height) are allowed as a
conditional use according to Section 6.23.
F. UC District: Height is determined by underlying zoning, provided tiering of structures away
from the Mississippi River and blufflines is given priority, with lower structure heights closer
to the river and blufflines, and structure design and placement minimize interference with
public river corridor views.
6.22 Height is measured on the side of the structure facing the Mississippi River.
6.23 In addition to the conditional use permit requirements of Section 3.4, criteria for considering
whether to grant a conditional use permit for structures exceeding the height limits must
include:
A. Assessment of the visual impact of the proposed structure on public river corridor views,
including views from other communities;
PC Packet Pg. No. 57
B. Determination that the proposed structure meets the required bluff and OHWL setbacks;
C. Identification and application of techniques to minimize the perceived bulk of the proposed
structure, such as:
(1) Placing the long axis of the building perpendicular to the river;
(2) Stepping back of portions of the facade;
(3) Lowering the roof pitch or use of a flat roof;
(4) Using building materials or mitigation techniques that will blend in with the natural
surroundings such as green roofs, green walls, or other green and brown building
materials;
(5) Narrowing the profile of upper floors of the building; or
(6) Increasing the setbacks of the building from the Mississippi River or blufflines;
(7) Identification of techniques for preservation of those view corridors identified in the
MRCCA Plan; and
(8) Opportunities for creation or enhancement of public river corridor views.
6.3 Structure and impervious surface placement.
6.31 Structures and impervious surface must not be placed in the shore or bluff impact zones unless
identified as an exemption in Section 12.0.
6.32 Structures and facilities must comply with the following OHWL setback provisions unless
identified as exempt in Section 12.0.
A. ROS District: 200 feet from the Mississippi River and 150 feet from the Minnesota and
Vermillion Rivers.
B. RN District: 100 feet from the Mississippi River and 75 feet from the Rum and Vermillion
Rivers.
C. RTC District: 75 feet from the Mississippi, Crow, and Rum Rivers.
D. SR District: 75 feet from the Vermillion River.
E. UM District: 50 feet from the Mississippi River.
F. UC District: Setbacks are determined by underlying zoning.
6.33 Structures and facilities must comply with the following bluffline setback provisions unless
identified as exempt in Section 12.0:
A. ROS District: 100 feet.
B. RN District: 40 feet.
C. RTC District: 40 feet.
D. SR District: 40 feet.
E. UM District: 40 feet.
F. UC District: 40 feet.
PC Packet Pg. No. 58
6.34 Where principal structures exist on the adjoining lots on both sides of a proposed building site,
the minimum setback may be altered to conform to the average of the adjoining setbacks,
provided that the new structure's scale and bulk riverward or bluffward of the setbacks required
under Sections 6.32 and 6.33 are consistent with adjoining development. See Figure 6.
Figure 6. Structure Setback Averaging
6.35 Subsurface sewage treatment systems, including the septic tank and absorption area, must be
located at least 75 feet from the ordinary high water level of the Mississippi River and all other
public waters.
6.4 Lot size and buildable area.
6.41 The width of lots abutting the Mississippi River in the ROS District must be at least 200
feet, unless alternative design methods are used that provide greater protection of the
riparian area.
6.42 All new lots must have adequate buildable area to comply with the setback
requirements of Sections 6.32 and 6.33 so as to not require variances to use the lots for
their intended purpose.
7.0 PERFORMANCE STANDARDS FOR PRIVATE FACILITIES
7.1 Purpose. To establish design standards for private facilities that are consistent with best management
practices and that minimize impacts to primary conservation areas, public river corridor views and other
resources identified in the MRCCA plan.
7.2 General design standards. All private facilities must be developed in accordance with the vegetation
management and land alteration requirements in Sections 9.0 and 10.0.
7.3 Private roads, driveways, and parking areas. Except as provided in Section 12.0, private roads, driveways
and parking areas must:
7.31 Be designed to take advantage of natural vegetation and topography so that they are not readily
visible;
PC Packet Pg. No. 59
7.32 Comply with structure setback requirements according to Section 6.3; and
7.33 Not be placed within the bluff impact zone or shore impact zone, unless exempt under Section
12.0 and designed consistent with Section 8.2.
7.4 Private water access and viewing facilities.
7.41 Private access paths must be no more than:
A. Eight feet wide, if placed within the shore impact zone; and
B. Four feet wide, if placed within the bluff impact zone.
7.42 Private water access ramps must:
A. Comply with Minnesota Rules, chapters 6115.0210 and 6280.0250; and
B. Be designed and constructed consistent with the applicable standards in Design Handbook
for Recreational Boating and Fishing Facilities.
7.43 Design and construction of private stairways, lifts, and landings are subject to the following
standards:
A. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways
may be used for commercial properties and residential facilities held in common, if approved
by (insert name of LGU permit or approval type);
B. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area.
Landings larger than 32 square feet area allowed for commercial properties and residential
facilities held in common, if approved by (insert name of LGU permit or approval type);
C. Canopies or roofs are prohibited on stairways, lifts, or landings;
D. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever
practical; and
E. Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed
for achieving access to shore areas according to Section 7.43 A. – D, and as provided under
Section 3.9.
7.45 One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300
feet in width at the ordinary high water level, with one additional water-oriented accessory
structure allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-
oriented accessory structures are prohibited in the bluff impact zone and must:
A. not exceed 12 feet in height;
B. not exceed 120 square feet in area; and
C. be placed a minimum of 10 feet from the ordinary high water level.
7.5 Decks and patios in setback areas. Decks and at-grade patios may encroach into the required setbacks
from the ordinary high water level and blufflines without a variance, when consistent with Sections 9.0
and 10.0, provided that:
7.51 The encroachment of the deck or patio into the required setback area does not exceed 15
percent of the required structure setback;
7.52 the area of the deck or patio that extends into the required setback area occupies no more than
25 percent of the total area between the required setback and the 15 percent using the formula:
PC Packet Pg. No. 60
[required setback depth (feet) x 0.15 x lot width (feet) = maximum total area]
7.53 The deck or patio does not extend into the bluff impact zone. See Figure 7.
Figure 7. Deck and Patio Encroachment
7.6 Off-premise and directional signs.
7.61 Off-premise advertising signs must:
A. Meet required structure placement and height standards in Sections 6.2 and 6.3.
B. Not be readily visible
7.62 Directional signs for patrons arriving at a business by watercraft must comply with the following
standards:
A. They must be consistent with Minnesota Statutes, section 86B.115.
B. Only convey the location and name of the establishment and the general types of goods and
services available, if located in a shore impact zone.
C. Be no greater than ten feet in height and 32 square feet in surface area; and
D. If illuminated, the lighting must be shielded to prevent illumination out across the river or to
the sky.
7.7 Fences. Fences between principal structures and the river are allowed provided that fences are:
7.71 Not higher than six feet.
7.72 Not located within 40 feet of slopes greater than 12%.
7.73 Not located in the regulatory floodplain.
8.0 PERFORMANCE STANDARDS FOR PUBLIC FACILITIES
8.1 Purpose. To establish design standards for public facilities that are consistent with best management
practices and that minimize impacts to primary conservation areas, public river corridor views and other
resources identified in the MRCCA plan. Public facilities serve the public interest by providing public
access to the Mississippi River corridor or require locations in or adjacent to the river corridor and
therefore require some degree of flexibility.
8.2 General design standards. All public facilities must be designed and constructed to:
PC Packet Pg. No. 61
8.21 Minimize visibility of the facility from the river to the extent consistent with the purpose of the
facility;
8.22 Comply with the structure placement and height standards in Section 6.0, except as provided in
Section 12.0;
8.23 Be consistent with the vegetation management standards in Section 9.0 and the land alteration
and storm water management standards in Section 10.0, including use of practices identified in
Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, where
applicable;
8.24 Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then
disturbance to primary conservation areas must be avoided to the greatest extent practicable,
and design and construction must minimize impacts; and
8.25 Minimize disturbance of spawning and nesting times by scheduling construction at times when
local fish and wildlife are not spawning or nesting.
8.3 Right-of-way maintenance standards. Right-of-way maintenance must comply with the following
standards:
8.31 Vegetation currently in a natural state must be maintained to the extent feasible;
8.32 Where vegetation in a natural state has been removed, native plants must be planted and
maintained on the right-of-way; and
8.33 Chemical control of vegetation must be avoided when practicable, but when chemical control is
necessary, chemicals used must be in accordance with the regulations and other requirements of
all state and federal agencies with authority over the chemical’s use.
8.4 Crossings of public water or public land. Crossings of public waters or land controlled by the
commissioner are subject to approval by the commissioner according to Minnesota Statutes, sections
84.415 and 103G.245.
8.5 Public utilities. Public utilities must comply with the following standards:
8.51 High-voltage transmission lines, wind energy conversion systems greater than five megawatts,
and pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G
respectively; and
8.52 If overhead placement is necessary, utility facility crossings must minimize visibility of the facility
from the river be hidden from view and follow other existing right of ways as much as
practicable.
8.53 The appearance of structures must be as compatible as practicable with the surrounding area in
a natural state with regard to height and width, materials used, and color.
8.54 Wireless communication facilities, according to Section 5.26.
8.6 Public transportation facilities. Public transportation facilities shall comply with structure placement and
height standards in Section 6.0. Where such facilities intersect or about two or more MRCCA districts,
the least restrictive standards apply. Public transportation facilities must be designed and constructed to
give priority to:
8.61 Providing scenic overlooks for motorists, bicyclists, and pedestrians;
8.62 Providing safe pedestrian crossings and facilities along the river corridor;
8.63 Providing access to the riverfront in public ownership; and
PC Packet Pg. No. 62
8.64 Allowing for use of the land between the river and the transportation facility.
8.7 Public recreational facilities. Where such facilities intersect or abut two or more MRCCA districts, the
least restrictive dimensional standards apply. Public transportation facilities must be designed and
constructed to give priority to:
8.71 Buildings and parking associated with pubic recreational facilities must comply with the structure
placement and height standards in Section 6.0, except as provided in Section 12.0;
8.72 Roads and driveways associated with public recreational facilities must not be placed in the bluff
or shore impact zones unless no other placement alternative exists. If no alternative exists, then
design and construction must minimize impacts to shoreline vegetation, erodible soils and
slopes, and other sensitive resources.
8.73 Trails, access paths, and viewing areas associated with public recreational facilities and providing
access to or views of the Mississippi River are allowed within the bluff and shore impact zones if
design, construction, and maintenance methods are consistent with the best management
practice guidelines in Trail Planning, Design, and Development Guidelines.
A. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30 percent.
Natural surface trails are allowed, provided they do not exceed eight feet in width.
B. Trails, paths, and viewing areas must be designed and constructed to minimize:
(1) Visibility from the river;
(2) Visual impacts on public river corridor views; and
(3) Disturbance to and fragmentation of primary conservation areas.
8.74 Public water access facilities must comply with the following requirements:
A. Watercraft access ramps must comply with Minnesota Rules chapters 6115.0210 and
6280.0250; and
B. Facilities must be designed and constructed consistent with the standards in Design
Handbook for Recreational Boating and Fishing Facilities.
8.75 Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore
impact zones, provided they are placed and constructed to minimize disturbance to these areas
and avoid visual impacts on public river corridor views.
8.76 Public stairways, lifts, and landings must be designed as provided in Section 7.43.
9.0 VEGETATION MANAGEMENT
9.1 Purpose. To establish standards that sustain and enhance the biological and ecological functions of
vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs
and steep slopes and ensure stability of other erosion-prone areas.
9.2 Applicability. This section applies to:
9.21 Shore impact zones;
9.22 Areas within 50 feet of a wetland or natural drainage way;
9.23 Bluff impact zones;
9.24 Areas of native plant communities; and
PC Packet Pg. No. 63
9.25 Significant existing vegetative stands identified in the MRCCA plan.
9.3 Activities allowed without a vegetation permit.
9.31 Maintenance of existing lawns, landscaping and gardens;
9.32 Removal of vegetation in emergency situations as determined by (insert name of LGU);
9.33 Right-of-way maintenance for public facilities meeting the standards Section 8.3;
9.34 Agricultural and forestry activities meeting the standards of Sections 5.21 and 5.23;
9.35 Selective vegetation removal, provided that vegetative cover remains consistent with the
management purpose of the MRCCA District, including:
A. Vegetation that is dead, diseased, dying, or hazardous;
B. To prevent the spread of diseases or insect pests;
C. Individual trees and shrubs; and
D. Removal of invasive non-native species.
9.4 Activities allowed with a vegetation permit.
9.41 The following intensive vegetation clearing activities are allowed with a vegetation permit:
A. Clearing of vegetation that is dead, diseased, dying, or hazardous;
B. Clearing to prevent the spread of diseases or insect pests;
C. Clearing to remove invasive non-native species.
D. Clearing to prepare for restoration and erosion control management activities consistent
with a plan approved by (insert name of LGU or name of resource agency).
E. The minimum necessary for development that is allowed with a building permit or as an
exemption under Section 12.0.
9.42 Conditions of vegetation permit approval:
A. Development is sited to minimize removal of or disturbance to natural vegetation;
B. Soil, slope stability, and hydrologic conditions are suitable for the proposed work as
determined by a professional engineer or (insert name of resource agency, if someone other
than professional engineer is desired);
C. Clearing is the minimum necessary and designed to blend with the natural terrain and
minimize visual impacts to public river corridor views;
D. Any native plant communities removed are replaced with vegetation that provides
equivalent biological and ecological functions consistent with an approved vegetation
restoration plan as provided in Section 9.62. If replaced, priorities for restoration are
stabilization of erodible soils, restoration or enhancement of shoreline vegetation, and
revegetation of bluffs or steep slopes visible from the river;
E. All other vegetation removed is restored with natural vegetation to the greatest extent
practicable consistent with an approved vegetation restoration plan as provided in Section
9.62. Priorities for replacement are the same as under Section 9.42.D;
F. Any disturbance of highly erodible soils is replanted with deep-rooted vegetation with a high
stem density;
PC Packet Pg. No. 64
G. Vegetation removal activities are conducted so as to expose the smallest practical area of
soil to erosion for the least possible time;
H. Areas of vegetation restoration priorities identified in the MRCCA plan are restored, if
applicable; and
I. Any other condition determined necessary to achieve the purpose of this section.
9.5 Prohibited activities. All other intensive vegetation clearing is prohibited.
9.6 Vegetation restoration plan.
9.61 Development of a vegetation restoration plan and reestablishment of natural vegetation is
required:
A. As a condition of a vegetation permit issued under Section 9.42, items D and E;
B. Upon failure to comply with any provisions in this section; or
C. As part of the planning process for subdivisions as provided in Section 11.0.
9.62 The vegetation restoration plan must satisfy the application submittal requirements in 3.6, and:
A. Include vegetation that provides suitable habitat and effective soil stability, runoff retention,
and infiltration capability. Vegetation species, composition, density, and diversity must be
guided by nearby patches of native plant communities and by Native Vegetation
Establishment and Enhancement Guidelines;
B. Be prepared by a qualified individual; and
C. Include a maintenance plan that includes management provisions for controlling invasive
species and replacement of plant loss for three years.
9. 63 A certificate of compliance will be issued after the vegetation restoration plan requirements have
been satisfied.
10.0 LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT
10.1 Purpose. To establish standards that protect water quality from pollutant loadings of sediment,
nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas
prone to erosion.
10.2 Land alteration permit.
10.21 Within the bluff impact zone, land alteration is prohibited, except for the following which are
allowed by permit.
A. Erosion control consistent with Section 10.6;
B. The minimum necessary for development that is allowed as an exception under Section 12;
and
C. Repair and maintenance of existing buildings and facilities.
10.22 Within the water quality impact zone, land alteration that involves more than ten cubic yards of
material or affects an area greater than 1,000 square feet requires a permit.
10.3 Rock riprap, retaining walls, and other erosion control structures.
PC Packet Pg. No. 65
10.31 Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control
structures located at or below the OHWL must comply with Minnesota Rules, chapters
6115.0215, subpart 4, item E, and 6115.0216, subpart 2. Work must not proceed until approved
by the commissioner. See Figure 8.
Figure 8. Riprap Guidelines
10.32 Construction or replacement of rock riprap, retaining walls, and other erosion control structures
within the bluff impact zone and the water quality impact zone are allowed with a permit
consistent with provisions of Section 10.6 provided that:
A. If the project includes work at or below the OHWL, the commissioner has already approved
or permitted the project.
B. The structures are used only to correct an established erosion problem as determined by the
(insert name of LGU and/or resource agency).
C. The size and extent of the structures are the minimum necessary to correct the erosion
problem and are not larger than the following, unless a professional engineer determines
that a larger structure is needed to correct the erosion problem:
(1) Retaining walls must not exceed five feet in height and must be placed a minimum
horizontal distance of ten feet apart; and
(2) Riprap must not exceed the height of the regulatory flood protection elevation.
10.33 Repair of existing rock riprap, retaining walls, and other erosion control structures above the
OHWL does not require a permit provided it does not involve any land alteration under Section
10.2.
10.4 Stormwater management.
10.41 In the bluff impact zone, storm water management facilities are prohibited, except by permit if:
A. There are no alternatives for storm water treatment outside the bluff impact zone on the
subject site;
B. The site generating runoff is designed so that the amount of runoff reaching the bluff impact
zone is reduced to the greatest extent practicable;
PC Packet Pg. No. 66
C. The construction and operation of the facility does not affect slope stability on the subject
property or adjacent properties; and
D. Mitigation based on the best available engineering and geological practices is required and
applied to eliminate or minimize the risk of slope failure.
10.42 In the water quality impact zone, development that creates new impervious surface, as allowed
by exemption in Section 12.0, or fully reconstructs existing impervious surface of more than
10,000 square feet requires a storm water permit or approved storm water plan. Multipurpose
trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least
five feet wide.
10.43 In all other areas, storm water runoff must be directed away from the bluff impact zones or
unstable areas.
10.5 Development on steep slopes. Construction of structures, impervious surfaces, land alteration,
vegetation removal, or other construction activities are allowed on steep slopes if:
10.21 The development can be accomplished without increasing erosion or storm water runoff;
10.22 The soil types and geology are suitable for the proposed development; and
10.23 Vegetation is managed according to the requirements of Section 9.0.
10.6 Conditions of land alteration permit approval.
10.61 Temporary and permanent erosion and sediment control measures retain sediment onsite
consistent with best management practices in the Minnesota Stormwater Manual;
10.62 Natural site topography, soil, and vegetation conditions are used to control runoff and reduce
erosion and sedimentation;
10.63 Construction activity is phased when possible;
10.64 All erosion and sediment controls are installed before starting any land disturbance activity;
10.65 Erosion and sediment controls are maintained to ensure effective operation;
10.66 The proposed work is consistent with the vegetation standards in Section 9.0; and
10.67 Best management practices for protecting and enhancing ecological and water resources
identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001.
10.7 Compliance with other plans and programs. All development must:
10.71 Be consistent with Minnesota Statutes, chapter 103B, and local water management plans
completed under chapter 8410;
10.72 Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and
10.73 Meet or exceed the floodplain management standards under Minnesota Rules, chapter 6120.
5000 – 6120.6200
11.0 SUBDIVISION AND LAND DEVELOPMENT STANDARDS
11.1 Purpose.
11.11 To protect and enhance the natural and scenic values of the MRCCA during development or
redevelopment of the remaining large sites
PC Packet Pg. No. 67
11.12 To establish standards for protecting and restoring biological and ecological functions of primary
conservation areas on large sites; and
11.13 To encourage restoration of natural vegetation during development or redevelopment of large
sites where restoration opportunities have been identified in MRCCA Plans.
11.2 Applicability.
11.21 The design standards in this section apply to subdivisions, planned unit developments and
master- planned development and redevelopment of land involving ten or more acres for
contiguous parcels that abut the Mississippi River and 20 or more acres for all other parcels,
including smaller individual sites within the following developments that are part of a common
plan of development that may be constructed at different times:
A. Subdivisions;
B. Planned unit developments; and
C. Master-planned development and redevelopment of land.
11.22 The following activities are exempt from the requirements of this section:
A. Minor subdivisions consisting of three or fewer lots;
B. Minor boundary line corrections;
C. Resolutions of encroachments;
D. Additions to existing lots of record;
E. Placement of essential services; and
F. Activities involving river-dependent commercial and industrial uses.
11.3 Application materials. Project information listed in Section 3.6 must be submitted for all proposed
developments.
11.4 Design standards.
11.41 Primary conservation areas, where they exist, must be set aside and designated as protected
open space in quantities meeting the following as a percentage of total parcel area:
A. CA-ROS District: 50%;
B. CA-RN District: 20%;
C. CA-RTC, CA-UM, and CA-UC Districts: 10%; and
D. CA-SR District: 10% if the parcel includes native plant communities or provides feasible
connections to a regional park or trail system, otherwise no requirement.
11.42 If the primary conservation areas exceed the amounts specified in Section 11.41, then protection
of native plant communities and natural vegetation in riparian areas shall be prioritized.
11.43 If primary conservation areas exist but do not have natural vegetation (identified as restoration
priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the
unvegetated primary conservation areas and determine whether vegetation restoration is
needed. If restoration is needed, vegetation must be restored according to Section 9.62.
11.44 If primary conservation areas do not exist on the parcel and portions of the parcel have been
identified in the MRCCA plan as a restoration area, vegetation must be restored in the identified
PC Packet Pg. No. 68
areas according to Section 9.62 and the area must be set aside and designated as protected open
space.
11.45 Storm water treatment areas or other green infrastructure may be used to meet the protected
open space requirements if the vegetation provides biological and ecological functions.
11.46 Land dedicated under (insert LGU ordinance citation) for public river access, parks, or other open
space or public facilities may be counted toward the protected open space requirement.
11.47 Protected open space areas must connect open space, natural areas, and recreational areas,
where present on adjacent parcels, as much as possible to form an interconnected network.
11.5 Permanent protection of designated open space.
11.51 Designated open space areas must be protected through one or more of the following methods:
A. Public acquisition by a government entity for conservation purposes;
B. A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C;
C. A deed restriction; and
D. Other arrangements that achieve an equivalent degree of protection.
11.52 Permanent protection methods must ensure the long-term management of vegetation to meet
its biological and ecological functions, prohibit structures, and prohibit land alteration, except as
needed to provide public recreational facilities and access to the river.
11.6 Alternative design standards.
12.0 EXEMPTIONS
12.1 Purpose. To provide exemptions to structure placement, height and other standards for specific river or
water access dependent facilities as provided in Minnesota Statutes 116G.15 Subd. 4.
12.2 Applicability.
12.21 Uses and activities not specifically exempted must comply with this (section, chapter, or article).
Uses and activities exempted under shore impact zone and bluff impact zone must comply with
the vegetation management and land alteration standards in Sections 9 and 10.
12.22 Uses and activities in Section 12.3 are categorized as:
A. Exempt – E. This means that the use or activity is allowed;
B. Exempt if no alternative - (E). This means that the use or activity is allowed only if no
alternatives exist; and
C. Not exempt - N. This means that a use or activity is not exempt and must meet the
standards of this ordinance.
12.3 Use and activity exemptions classification.
12.31 General uses and activities.
Use or Activity Set
backs
Height
Limits
SIZ BIZ Applicable standards with which
the use or activity must comply
Industrial and utility structures requiring greater
height for operational reasons (such as elevators,
refineries and railroad signaling towers)
N E N N Structure design and placement
must minimize interference with
public river corridor views.
PC Packet Pg. No. 69
Use or Activity Set
backs
Height
Limits
SIZ BIZ Applicable standards with which
the use or activity must comply
Barns, silos, and farm structures N E N N
Bridges and bridge approach roadways E E E (E) Section 8
Wireless communication towers E E N N Section 5.26
Chimneys, church spires, flag poles, public
monuments, and mechanical stacks and equipment
N E N N
Historic properties and contributing properties in
historic districts
E E E E Exemptions do not apply to
additions or site alterations
Buildings and structures on the face of or abutting
the bluff in the CA-UC district of St. Paul, between
Chestnut Street and Highway 52.
E n/a n/a E Height in CA-UC district is
governed by underlying zoning
12.32 Public utilities.
Use or Activity Set
backs
Height
Limits
SIZ BIZ Applicable standards with which
the use or activity must comply
Electrical power facilities E E E (E) Section 8
Essential services (other than storm water facilities) E E E (E) Section 8
Storm water facilities E N E (E) Section 10
Wastewater treatment E N E N Section 8
Public transportation facilities E N (E) (E) Section 8
12.33 Public recreational facilities.
Use or Activity Set
backs
Height
Limits
SIZ BIZ Applicable standards with which
the use or activity must comply
Accessory structures, such as monuments, flagpoles,
light standards, and similar park features
E E (E) (E) Section 8; within BIZ, only on
slopes averaging less than 30%.
Exemptions do not apply to
principal structures.
Picnic shelters and other open-sided structures E N (E) N Section 8
Parking lots (E) N (E) (E) Section 8; within BIZ, only within
20 feet of toe of bluff; not on
face of bluff; and must not affect
stability of bluff
Roads and driveways (E) N (E) (E) Section 8
Natural-surfaced trails, access paths, and viewing
areas
E N E E Section 8
Hard-surfaced trails and viewing platforms E N E (E) Section 8; within BIZ, only on
slopes averaging less than 30%
Water access ramps E N E (E) Section 8
Public signs and kiosks for interpretive or directional
purposes
E N E (E) Section 8
PC Packet Pg. No. 70
12.34 River-dependent uses.
Use or Activity Set
backs
Height
Limits
SIZ BIZ Applicable standards with which
the use or activity must comply
Shoreline facilities E N 1 E (E) Section 5.25. Exemptions do not
apply to buildings, structures,
and parking areas that are not
part of a shoreline facility
Private roads and conveyance structures serving
river-dependent uses
E N1 E (E) Section 5.25
12.35 Private residential and commercial water access and use facilities.
Use or Activity Set
backs
Height
Limits
SIZ BIZ Applicable standards with which
the use or activity must comply
Private roads serving 3 or more lots (E) N N (E) Section 7; in BIZ, only on slopes
averaging less than 30%.
Exemption does not apply to
private roads serving fewer 3 lots
or to private driveways and
parking areas
Access paths E N E E Section 7
Water access ramps E N E N Section 7
Stairways, lifts, and landings E N E E Section 7
Water-oriented accessory structures E N E N Section 7
Patios and decks E N N N Section 7.5
Directional signs for watercraft (private) E N E N Section 7.6; exemption does not
apply to off-premise advertising
signs
Temporary storage of docks, boats, and other
equipment during the winter months
E N E N
Erosion control structures, such as rock riprap and
retaining walls
E N E (E) Sections 10.3, 10.5 and 10.6
Flood control structures E N E (E) Section 10
1 River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height
is required for operational reasons.
PC Packet Pg. No. 71