Planning Commission Agenda Packet 08272024
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSION REGULAR MEETING AGENDA
August 27, 2024 at 7:00 PM
Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights
1. Call to Order
2. Roll Call
3. Approval of Minutes
a. Approve Minutes from the July 23, 2024 Planning Commission Meeting
4. Public Hearings
a. CASE No. 2024-18 Wetlands Permit - Application of Southview Design for a
Wetlands Permit to authorize construction of a new deck and site
landscaping/hardscaping improvements on the property located at 643 Pond View
Drive.
5. New and Unfinished Business
a. Zoning Code Update - Tabled - Application of the City of Mendota Heights for
proposed amendments to Title 12: Zoning to adopt the revised Zoning Title drafted
within the City of Mendota Heights Zoning Code Update project and corresponding
amendments to the Zoning Map to modify district boundaries and Zoning District
titles
6. Updates/Staff Comments
7. Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120 hours in
advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make
every attempt to provide the aid. However, this may not be possible on short notice. Please
contact City Hall at 651.452.1850 with requests.
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July 23, 2024 Mendota Heights Planning Commission Meeting Page 1 of 6
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
DRAFT PLANNING COMMISSION MINUTES
JULY 23, 2024
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 23,
2024 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett,
Cindy Johnson, Brian Petschel, Brian Udell, and Andrew Katz. Those absent: Commissioner Jason
Stone.
Approval of Agenda
The agenda was approved as submitted.
Approval of June 25, 2024 Minutes
COMMISSIONER KATZ NOTED THAT THE MINUTES WERE EXTREMELY DETAILED
AND WELL PUT TOGETHER.
CHAIR FIELD AGREED.
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL TO
APPROVE THE MINUTES OF JUNE 25, 2024.
AYES: 6
NAYS: 0
Hearings
A) CITY OF MENDOTA HEIGHTS, ZONING CODE UPDATE
Chair Field recognized that almost two years of effort has gone into this process, including
workshops and public meetings to receive informal input.
Planning Consultant Jennifer Haskamp explained that the final draft of the Zoning Code Update
has been prepared for presentation before the Commission. The City has prepared proposed
amendments to Tile 12: Zoning to adopt a revised zoning title and corresponding Zoning 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.
Planning Consultant Jennifer Haskamp 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).
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3a.
July 23, 2024 Mendota Heights Planning Commission Meeting Page 2 of 6
Staff recommended approval of this application.
Chair Field commented that this update is intended to make things clearer and more simplified of
what is required for both staff and members of the public.
Commissioner Petschel asked if there would need to be a provision related to permitted uses in the
wetlands for restorative dredging.
Planning Consultant Jennifer Haskamp replied that would be part of the Wetland Conservation
Act (WCA) and would be more appropriate under the environmental title. She stated that there is
language in there about the buffer and the dredging is included within WCA.
Commissioner Katz thanked staff for pointing out how to address the issue from the industrial user
that submitted a letter.
Chair Field opened the public hearing.
John Maczko, 751 Cheyenne Lane, recognized that there has been a lot of work, and this has come
a long way from the start noting that he has attended all but one meeting on this topic. He stated
that he is happy with the way the smaller lots have been resolved. He expressed concern with the
public/semi-public overlay, as that would use a Conditional Use Permit (CUP) rather than a
variance request. He recognized that would make things easier for the schools, but would also
provide the City with less discretion to deny a request. He asked if the definition of government
building or structure is detailed enough, asking if the County owned senior housing would fall
under that definition. He also referenced the issue of lighting, specifically relating to City owned
park land and fields, asking if there are standards for those uses that should be articulated similar
to the school uses. He referenced the impervious surface standards noting that having something
is better than nothing, although he was unsure what the right numbers would be. He used the
scenario of a current lot that is currently at 50 percent impervious and would like to replace the
driveway, asking if they would be able to do so or whether they would need to meet the new
standards. He also asked, in that scenario, where the home would be able to request an addition.
He referenced the PUD overlay districts, which make sense for the things already in existence. He
asked if the Council would still have the ability to deny a new request within that district, or
whether it would be similar to a CUP, where only conditions could be added.
Kate Christensen, 2280 Ocala Court, referenced accessory dwelling units (ADUs), noting that she
has attended many meetings on that topic. She believed that the prior consensus was that ADUs
should not be permitted and believed that should be added as a use that is not allowed. She believed
that impervious surface should be capped at 35 percent. She also did not believe that BMPs should
be allowed to increase impervious surface as that could be removed by the next homeowner. She
referenced farming, noting that is marked as P in all residential zones, which she interpreted to
mean primary use. She stated that residential should be the primary use in those zones. She asked
if there should be a placeholder on the VRBO regulations, as it seems the City is close to
completing that ordinance.
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July 23, 2024 Mendota Heights Planning Commission Meeting Page 3 of 6
Planning Consultant Jennifer Haskamp referenced the use of a CUP versus a variance for the
public/semi-public district, noting that the Commission discussed that at length, and it was the
consensus of the Commission that these uses are already established, and the requests are being
approved, therefore the variance process seemed burdensome because a practical difficulty must
be found. She stated that the CUP allows the conditions to be tailored to each unique property.
She stated that clarifying language could be added to the government building or structure to
exclude residential, but explained that the density is controlled by the underlying zoning district.
She stated that the Commission did not discuss adding lighting standards for City owned parks.
She commented that related to impervious surface limitations, an existing lot would still be able
to replace their driveway, but the nonconformity would not be allowed to expand. She stated that
the City can deny a PUD overlay request as that would be a rezoning request and therefore would
not be similar to a CUP or variance process. She commented that language was added that
accessory buildings cannot be used for habitable space, but that could also be added as a line item
on the table but noted that could cause confusion. She stated that the impervious surface cap was
discussed at length and in a joint worksession, the Council agreed to evaluate how this functions
after one year and two year to determine if the BMP language should be removed. She noted that
if a BMP were added, it would be tracked and recorded against a property. She explained that P
does not mean principal, but permitted, as referenced by the resident in relation to farming. She
stated that if the VRBO ordinance is completed by the time this is ready for adoption, it would
absolutely be added.
Mr. Matsco commented that he used the high-density residential use as an example of a
government structure, but noted that there are other examples to consider such as a detention
center, and therefore believed that language would benefit by being more specific.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
Commissioner Corbett asked if the intention would be for the Commission to adopt the changes to
pass on to the City Council.
Chair Field confirmed that would be one option, but changes could also be made and either passed
to the Council or the item could return for additional review.
Commissioner Katz recognized that perhaps the Commission should have discussed lighting
standards for the parks.
Commissioner Petschel commented that there are lighting pollution standards within the existing
ordinances and regulations. He commented that there is a measurable standard related to light
bleed.
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July 23, 2024 Mendota Heights Planning Commission Meeting Page 4 of 6
Public Works Director Ryan Ruzek confirmed that requirement does exist within the existing
Code, although perhaps not within the zoning standards.
Commissioner Petschel commented that he did not believe that would need to be addressed within
zoning as well. He noted that when it comes to parks, the applicant would be the City and therefore
did not believe the City would need to be bound in terms of lighting for parks.
Commissioner Johnson commented that some of the parks are heavily bound by residential areas
and do not have much lighting in some areas, where light pollution is an issue for other parks.
Commissioner Petschel commented that it would still be an application of the City and request for
the City to itself to act above what is allowed by Code.
Commissioner Katz asked if other cities have park lighting regulations.
Planning Consultant Jennifer Haskamp commented that some cities have a general lighting
standard, not specific to parks, that provides some guidance. She stated that while there is some
guidance in the City Code, it is not in detail. She stated that other cities follow the same process
of Mendota Heights.
Commissioner Katz asked if the cities that have specific regulations also have different
requirements for different uses and whether specific times are also identified.
Planning Consultant Jennifer Haskamp replied that most standards have commercial and industrial
standards and then more general requirement of hooded and downcast lighting for residential. She
commented that is also a big standard to police for residential properties, and therefore many cities
will exclude residential properties.
Commissioner Johnson commented that historically Mendota Heights is a dark city. She stated
that she would not want to put a standard that would encourage more lighting. She believed that
spaces that are dark spaces should continue to be respected.
Commissioner Katz stated that if lighting standards were added, they could require the lights to be
turned off by a certain time.
Commissioner Petschel commented that there are light pollution standards and that has been
addressed as part of a CUP request. He stated that the biggest issue that the City has had was the
Viking Lakes sign that was casting shadows when it first opened, but recognized that is in another
community.
Commissioner Katz stated that he was thinking more about the industrial area and perhaps new
lighting standards should be considered.
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July 23, 2024 Mendota Heights Planning Commission Meeting Page 5 of 6
Community Development Manager Sarah Madden commented that there are lighting standards
that apply to business, commercial, industrial, and PSPO and provided that section of the Code for
reference.
Commissioner Corbett asked if they should take the discussion offline for a bit as he feels that
there are still gaps and there is not a rush to approve this.
Commissioner Katz stated that he could support that request as well.
Commissioner Petschel asked if Commissioner Corbett would be proposing another workshop.
Commissioner Corbett stated that he would find it appropriate to have another workshop to review
the comments that have been discussed.
Chair Field noted that the Commission has had this since last week but recognized that it is not
light reading.
Commissioner Corbett noted that he was out of town last week and therefore could not begin his
review until Monday. He also felt that this would be hard for the public to read and digest within
the last week.
Planning Consultant Jennifer Haskamp commented that a tracked changes version is not available
or feasible given the language and structure changes. She stated that there is subjectivity as to
what someone considers substantiative changes, as the same policy objective is achieved.
Commissioner Corbett stated that for that reason he would want to compare the existing language
to the newly proposed language. He stated that the additional time may also allow the VRBO
ordinance to be included.
Commissioner Petschel commented that if this is tabled, they will end up at a meeting next month
doing the same thing.
Commissioner Corbett stated that he would like the additional time to consider the suggestions
brought forward today, using the example of government building/structures.
Commissioner Katz agreed that perhaps that should be more specific given the government owned
residential facility that has experience recent issues and concerns. He stated that he would agree
to hold a workshop to address these items.
Commissioner Johnson stated that her concern would be with timing as she would like to wrap
this up. She agreed that there are a few concerns that should be addressed but would want that to
be done in a timely manner with a deadline of when they are going to send this to the Council.
Commissioner Corbett suggested that they only table the topic for this one time to allow additional
time for digestion and to address the concerns that were raised tonight.
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July 23, 2024 Mendota Heights Planning Commission Meeting Page 6 of 6
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER CORBETT, TO
TABLE CONSIDERATION OF THE ZONING CODE UPDATE WITH THE CONDITION
THAT A WORKSHOP WILL BE HELD PRIOR TO THE NEXT REGULAR COMMISSION
MEETING TO RECONSIDER THE REQUEST.
Further discussion: Community Development Manager Sarah Madden commented that she would
need to follow up through email to find a potential date.
Public Works Director Ryan Ruzek commented that next Tuesday would be open for a workshop,
but August would have some constraints given Night to Unite and the Primary Election.
Commission Katz asked and received consensus of the Commission that a workshop could be held
on Tuesday, July 31st.
AYES: 6
NAYS: 0
New and Unfinished Business
Staff Announcements / Updates
Community Development Manager Sarah Madden provided an update on recent actions of the
City Council related to planning requests. She stated that she will follow up with the date for the
workshop, and noted that a public hearing would not be required at the next regular meeting for
the Zoning Code update as the public hearing was held and closed tonight.
Adjournment
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO
ADJOURN THE MEETING AT 8:43 P.M.
AYES: 6
NAYS: 0
Page 7 of 250
PLANNING STAFF REPORT
DATE:August 27, 2024
TO:Planning Commission
FROM:Sarah Madden, Community Development Manager
SUBJECT:Planning Case 2024-18
WETLANDS PERMIT
APPLICANT:Southview Design (on behalf of Rory and Nicole Duggan)
PROPERTY ADDRESS:643 Pond View Drive
ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE:September 28, 2024
INTRODUCTION
The applicant is seeking a Wetlands Permit to authorize construction of a new deck structure and
landscaping/hardscaping improvements on the property located at 643 Pond View Drive. A portion of the
subject property is located within the Wetlands District, which encompasses wetlands and water resource
related areas and the adjacent land within 100-ft of the normal high water markers of these water resources.
The proposed improvements are located at the edge of the Wetlands District boundary, approximately 95.5-
ft from the edge of the adjacent Copperfield Pond.
A public hearing notice for this planning item was published in the Pioneer Press and notice letters were
mailed to all properties within 350-feet of the subject property. The city has not received any comments or
objections to this land use request as of the submission of this report.
BACKGROUND / PROJECT DESCRIPTION
The subject property is legally described as Lot 2, Block 1, COPPERFIELD 2ND ADDITION and is
addressed as 643 Pond View Drive. The lot is 18,138 sq. ft. in size
and contains an existing 2,723 sq. ft. single-family home. (see image
– right). The property abuts Copperfield Pond with 2,138 sq. ft.
(11.7%) of the parcel identified as water area, and the existing home
is greater than 100-ft from the pond. A portion of the existing deck
lies within the 100-ft boundary of the Wetlands District, with its edge
approximately 95-ft setback from the water line of the pond (noted as
elevation 839 on the City’s official wetlands system map, 1976) and
its deck stairs approximately 88-ft setback from the water line of the
pond. The rear of the property immediately adjacent to the pond is
dedicated as a drainage easement on the Plat for this subdivision
measuring between 23-25-ft in depth beyond the delineated edge of
the pond at the time of development (noted at an elevation of 838.7 on
April 1, 1986 on the Plat). There is a fence on the property
approximately 50-ft from the pond edge, and the area beyond the
fence remains in a naturalized condition. The pond is noted as an
established Type III wetland (Slightly Susceptible Wetland) as
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4a.
Planning Case 2024-18 (643 Pond View Drive – Southview Design)Page 2 of 6
identified by the Wetlands Map in the City’s Surface Water Management Plan (SWMP). An updated
delineation is not required as part of this project, based on the scope of the disturbance within the provided
plans.
The applicant is working on behalf of the homeowners of the property to obtain authorization for the
permitting and construction of a new deck and landscaping improvements including retaining wall
replacement and new paver patio underneath the deck footprint, new stone steps and paver landings, and
new edging and mulch/rock surrounding the home’s foundation and the deck/patio. There is existing sod in
the rear yard of the property which would be restored following the construction disturbance. The
naturalized planting area beyond the fenced-in portion of the rear yard and immediately abutting the pond
edge is not modified or impacted in the provided plans.
ANALYSIS
Per Title 12-Zoning, Chapter 2 Wetlands Systems, Sect. 12-2-3, any development or construction work on
lands within 100-feet of normal high water markers of wetlands and water resources (as delineated on the
official city wetlands systems map) shall be subject to a Wetlands Permit application review process.
The Wetlands Ordinance further states that any work or development upon or which would otherwise alter
a wetland or potentially impact a water related resource area, must obtain a written permit from the city.
The construction of the new deck requires this permit before any work commences, and portions of the
project area to replace the retaining wall and install patio pavers falls within the boundaries of the Wetlands
District as well.
The purpose of the Wetlands Systems chapter of City Code Section 12-2-1 is to:
•Provide for the protection, preservation, maintenance, and use of Mendota Heights wetlands and water
resource related areas;
•Maintain the natural drainage system;
•Minimize the disturbance which may result from alteration by earthwork, loss of vegetation, loss of
wildlife and aquatic organisms as a result of the disturbance of the natural environment or from
excessive sedimentation;
•Provide for protection of potable fresh water supplies; and
•Ensure safety from floods.
As part of any Wetlands Permit review, the city must consider and evaluate the standards and conditions
as noted in the Wetland Ordinance Section 12-2-7, including but not limited to the following:
•Runoff from developed property and construction projects may be directed to the wetland only when
reasonably free of silt and debris and chemical pollutants, and at such rates such as not to disturb
wetland vegetation or increase turbidity.
•Any increase in runoff due to the proposed action will be detained on the site for infiltration through
the soil to the water table.
•No deleterious waste shall be discharged in a wetland or disposed of in a manner that would cause the
waste to enter the wetland or other water resource area.
•Lowest floor elevation of buildings located within the W district must be at least three feet (3') above
the highest known water level.
•Removal of vegetation shall be permitted only when and where such work within the W district has
been approved in accordance with the standards of this chapter.
•Removal of vegetation within the W district but outside the wetland shall be limited to that reasonably
required for the placement of structures and the use of property.
Page 9 of 250
Planning Case 2024-18 (643 Pond View Drive – Southview Design) Page 3 of 6
•Development of woodlands shall not reduce the existing crown cover by more than fifty percent (50%).
The removal of trees seriously damaged by storms or other act of God, or diseased trees shall not be
prohibited.
The provided plans illustrate a new deck 9-ft in height and approximately 536 sq. ft. in size (approx.. 590
sq. ft. with new stairs included). A paver patio is proposed underneath the new deck, and additional paver
landings and stone steps are proposed in the area where the existing deck is located. The proposed new
deck and steps will not extend further towards the pond edge than the existing deck and stairs. The existing
deck and stairs will be removed.
The applicant is showing a silt protection fence approximately 50-ft from the pond edge, and all
construction activities are shown to take place more than 25-ft from that silt protection fence. Because this
property abuts a pond, the City would require a double row of silt fence/perimeter control with a j-hook on
each side. A condition has been added to reflect this requirement in the recommendation section of this
report.
The plans submitted by the Applicant show no changes to the plant materials on the subject property, and
the landscaping improvements described include the installation of hardscaping such as patio pavers, stone
steps, a rock boulder retaining wall, and new edging and mulch/rock around the foundation of the home
and deck/patio. The proposed boulder retaining wall will run parallel to the east property line and does not
exceed 48” in height at its peak. The wall is a replacement of an existing treated timber wall. The house
foundation is surrounded by existing rock mulch which will also be replaced in the full project scope. There
are two existing trees shown to remain in the project boundary area. A condition has been added that tree
protection be installed prior to the commencement of construction and remain in place throughout the
duration of the project.
City Goals and Policies
City staff has also identified a select number of Goals and Policy statements from the Natural Resource
chapter of the 2040 Comprehensive Plan, which provide additional support in granting approval of this
requested Wetlands Permit, as follows:
GOAL 1: Develop a professional, comprehensive, strategic Natural Resources Management Plan for
city-wide natural areas and natural resources.
Policies:
9. Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats,
specifically throughout the development process.
10. Encourage and promote the use of conservation design principles.
Staff Comment: The applicant will provide erosion control measures, as outlined in the City’s Land
Disturbance Guidance Document. The proposed improvements are consistent with the setback
requirements of the underlying residential zoning district, and the estimated impervious surface
on the subject property would be 26.9% to accomplish the total improvements.
GOAL 2: Protect, connect, restore, buffer, and manage natural areas, wildlife habitat, and other
natural resources, for high ecological quality and diversity of plant and animal species.
Policies:
1. Monitor new developments for restoration and invasive plant management.
4. Restore areas throughout the city with pollinator-friendly or native species to protect and
enhance habitat for native pollinators and birds.
Page 10 of 250
Planning Case 2024-18 (643 Pond View Drive – Southview Design)Page 4 of 6
7.Explore the development of ordinances and or policies that establish minimum soil standards for
development and redevelopment that can support turf, plantings, and/or healthy turf
alternatives.
10.Prior to approval of landscape and development plans, work with applicants to encourage the
preservation and installation of high ecosystem value communities.
Staff Comment: The naturalized area abutting the adjacent Copperfield Pond is not disturbed,
modified, or impacted by the proposed improvements, and no vegetation removal is included as part
of this project scope.
GOAL 3: Protect and restore the natural ecological functions of the city’s water resources with
emphasis on the improvement of stormwater management.
Policies:
1.Explore and develop operational and procedural modifications to better enhance and support the
thriving of the natural environment.
2.Work with partners to implement projects and develop and support programs that encourage
infiltration, to reduce stormwater runoff and pollution to water-bodies.
4.Identify areas within the city, including public and private land that are lacking adequate
stormwater treatment, and other stormwater BMPs. Implement projects to establish functioning
stormwater treatment in order to protect and improve the city’s water resources.
Staff Comment: The developer is committed to maintaining erosion control by use of a silt fence
surrounding the disturbed area. Construction activity will be conducted in compliance with the
City’s Land Disturbance Guidance Document.
ALTERNATIVES
1. Approve the Wetlands Permit for 643 Pond View Drive based on certain findings-of-fact, along with
specific conditions of approval as noted herein; or
2. Deny the Wetlands Permit for 643 Pond View Drive based on revised findings-of-fact supporting such
a recommendation as determined by the Planning Commission; or
3.Table the request and direct staff to extend the application review period an additional 60-days, pursuant
to MN State Statute 15.99.
STAFF RECOMMENDATION
Staff recommends approval of the requested Wetlands Permit to Southview Design and for the property
located at 643 Pond View Drive, which would authorize the permitting and construction of the new deck
and associated landscaping and hardscaping improvements, based on the attached findings-of-fact and
subject to the following conditions:
1. All work and improvements noted on the plans appended to this Planning Report for Case No. 2024-
18 shall be the only approved work allowed under this Wetlands Permit. If additional construction
work in areas up to 100-feet from the pond edge is needed, excluding the planting of trees and
vegetation, the Owner must contact city staff prior to commencing any work, and repair and replant
any disturbed areas with suitable plantings and materials, per direction of the city’s Natural Resources
Coordinator.
2. The new structure and site improvements shall comply with all applicable standards and conditions
noted under Title 12, Chapter 2 Wetlands Systems of City Code.
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Planning Case 2024-18 (643 Pond View Drive – Southview Design)Page 5 of 6
3. The Owners shall continue to maintain a 25’ wide vegetative buffer (no disturbance) from the adjacent
pond edge, as outlined on the drainage easement dedicated on the Plat of the property.
4. No additional grading or other land disturbance shall occur within twenty-five feet (25’) from the edge
of the adjacent pond, except for the removal of diseased trees, installation of erosion control measures
(if needed) or for the plantings of any new seed mixtures or landscaping materials, and only with city
approvals.
5. Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained
throughout the duration of the construction project. A double row of silt fence/perimeter control is
required, with j-hook on both sides of the property. Erosion barriers shall be placed and maintained
along the outer edges of the project work area and remain in place until all disturbed areas have been
restored.
6. Any grading and/or construction activity related to the development of this lot shall comply with all
applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land
Disturbance Guidance Document.
7. Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of
construction on the Subject Property, and ensure new ground mulch or plant materials are free of any
invasive species.
8. Prior to the release of any escrow payment, all disturbed areas in and around the project site shall be
restored and have an established, protected and permanent ground cover immediately after the project
is completed.
9. A building permit must be approved prior to the commencement of any construction work on the
proposal. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays;
and 9:00 am to 5:00 pm weekends.
ATTACHMENTS
1. General Location/Aerial Map
2. Project Description and Intent
3. Site Plot Plan
4. Proposed Deck and Landscape Plan
5. Wetlands Map
6. Web Soil Survey
Page 12 of 250
Planning Case 2024-18 (643 Pond View Drive – Southview Design)Page 6 of 6
FINDINGS-OF-FACT FOR APPROVAL
Wetlands Permit for Southview Design
643 Pond View Drive
Planning Case No. 2024-18
1. The proposed construction activities related to the new deck project and allowed under this
Wetlands Permit meets the purpose and intent of the City Code; and is consistent with goals and
policies established under the Natural Resources chapter of the 2040 Comprehensive Plan.
2. All new work will have little, if any impacts to the adjacent pond, or the existing on-site drainage
or drainage from surrounding properties.
3. The Applicant will maintain the naturalized wetland vegetation material and existing natural
buffering along the adjacent pond edge within the platted drainage easement, which will help
reduce any impacts caused by stormwater run-off from the yard areas, and help reduce any soil and
contaminant runoff.
4. This property will provide adequate erosion control measures throughout the duration of the project
and until all disturbed areas of the property have been fully planted and restored, which will ensure
protection and lessen any runoff impacts to the adjacent pond during and after construction.
5. The deck project and work contemplated under this wetlands permit will be done in accordance
with the current rules and standards of the City’s Land Disturbance Guidance document; and will
be closely monitored by city staff to ensure compliance with all Building Codes and related City
Codes.
Page 13 of 250
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Site Location/Aerial Map643 Pond View Drive
Date: 8/22/2024
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SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
Page 14 of 250
PROJECT DESCRIPTION AND INTENT: 643 POND VIEW DRIVE, MENDOTA HEIGHTS, MN 55120
Current Site Conditions Within 50’ Setback: Sod in front of clients’ fence; naturalized plantings behind
fence
Homeowner Goals Within 50’ Setback: Retain naturalized plantings behind fence and sod in front of
fence
Site Preparations Within 50’ Setback:
Install silt fence, including stakes every 8’, along 50’ setback line
TOTAL PROPOSED LAND DISTURBANCE: (0) SF
Current Site Conditions Between 50’ Setback And 100’ Setback/Back Foundation Of House: Yard is
sodded from the 50’ setback up to the treated timber retaining wall and decomposing deck steps. Rock
mulch surrounds the retaining wall, deck footprint, and house foundation. The garage side of the house
is experiencing some erosion onto the neighbors’ property due to the steep slope of the existing grade.
Homeowner Goals Between 50’ Setback And 100’ Setback/Back Foundation Of House: Replace timber
retaining wall with 6” block retaining walls not exceeding 48” height. Replace decomposing deck and
steps with maintenance-free deck and steps. New deck/steps footprint is intended to extend no further
than existing deck steps. Shore up eroding grade on side of garage with glacial boulder retaining wall not
exceeding 48” height and following grade. Install new paver patio under deck footprint. Install new
stone steps and paver landings between proposed upper deck steps and paver patio. Add new edging
and mulch/rock around foundation of house and deck/patio. Restore sod in areas of construction
disturbance.
Site Preparations Between 50’ Setback And 100’ Setback/Back Foundation Of House:
Remove and dispose of existing deck and steps
Remove and dispose of timber walls
Excavate soil from patio base excavation and boulder wall trench excavation
o Excavation calculations for portion of patio inside 100’ setback:
Excavate 200sf x 9” deep for base
200 / 27 * .75 = 5.5 cy soil out
o Excavation calculations for portion of boulder retaining wall inside 100’ setback:
Excavate 24” w x 12” d per lf of retaining wall for base = 27/2/1.25 = 10.8lf/cy
18lf/10.8 = 1.7 cy soil out
1.7 * 0.7 for voids = 1.2 cy boulders in
0.5 cy soil backfill from boulder trench excavation
5.5 cy soil backfill from patio excavation to build up grade
= 0 cy NET material out/in
Install glacial boulder retaining wall, (55)lf in total length, starting at front side of garage, size
range 18”-30” boulders, 15-degree batter on wall, 12” boulder buried, with mirafi type I40N or
equal and 12” minimum free-draining aggregate behind boulders and perforated draintile
running the length of the wall – use soil generated from patio excavation to build up grade
behind wall
Install new stone slab steps
Page 15 of 250
Install new paver patio under deck and paver landings in between stone slab steps
Replace existing deck and steps with maintenance-free materials
Cover areas of disturbance around deck/patio, retaining walls, and in haul road/machine access
with ~1” topsoil and new sod or mulch
o Excavation calculations for overall site repair:
Sod strip (4400)sf for site repair with 1” soil removal
4400sf/27/12*1.25 = 17 cy soil out
4400sf/27/12*1.25 = 17 cy soil back in under new sod
= 0.00 cy net material out
PROPOSED LAND DISTURBANCE BETWEEN 50’ AND 100’ SETBACK: (1,500) SF
TOTAL PROPOSED LAND DISTURBANCE BEYOND 100’ SETBACK: (5,000) SF
Page 16 of 250
Page 17 of 250
2383 Pilot Knob Rd
Mendota Heights, MN 55120
Phone: 651-203-3000
Fax: 651-455-1734
SouthviewDesign.com
Date
Date
Issue Notes
Revision Notes
This drawing contains proprietary
information which belongs to
Southview Design Inc. Any
unauthorized duplication or use is
strictly prohibited.
Released By:___________________
Date Released:____/____/________
NO.
NO.Rory And Nicole DugganProposed Deck And Landscape Plan643 Pond View DrMendota Heights, MN 55120Scale:
1/10" = 1'-0"
Designer:
Design Associate:
Designer
Design Assoc
Print Date: 2024-07-25
File Name:
2024-07-17_Duggan_PERMIT_PLAN.vwx
Stephen Gordon
Chris Barber
Measure Team:
Measure Input:
Chris Barber
Sheet
4 of 4ECTGVVVVSTH / 100'
99.95'
99.3'98.45'98.25'
98.35'98.5'98.05'
Wind Bott / 100.72'
98.8'
Wind Bott / 101.63'
Wind Top / 108.47'
98.6'
Wind Bott / 101.18'
Wind Top / 106.77'
98.5'97.2'
96.75'
96.3'97.65'
98.15'
97.6'97.15'
98.5'
97.65'
97.9'
97.85'
GF / 98.15'98'
95.9'93.2'
96.05'
93.7'
91.35'
BOS / 98.6'
BOS / 93.1'
BOS / 90.35'
97.75'97.25'97.5'
94.3'95.75'
BW / 90.8'
TW / 91.7'
90.8'90.75'
90.1'
89.65'
89.05'
TH / 90.45'
90.25'
88.8'90.65'90.7'
91.55'
89.3'
89.3'
89.8'
SS
SSSSS 89.85
89.35
90.25'
88.8'90.65'90.7'
91.55'
93.1'
89.3'
89.3'
V
98 = grade
96 = grade at fence
93.6
89.43 89.43
90.93
93.693.43
SIDE OF
GARAGESS
S
S
S S
S
S
STAGING
HAUL
ROAD
PPPPPPPPPP TOP OF WALL:
95.7'
BOTTOM OF WALL:
93.2'
5'-0"
93.7'TOP OF WALL:
93.7'
BOTTOM OF WALL:
91.2'
93.43
TOP OF WALL:
93.5'
BOTTOM OF WALL:
89.8'
BOULDER RETAINING WALL
DESCENDS WITH GRADE,
NOT EXCEEDING 48" HEIGHT
BLOCK RETAINING WALL
UNDER DECK
TOP OF WALL: 93.43'
BOTTOM OF WALL: 89.85'
NEIGHBORS' FENCE
MULCH
MULCH
UP
33'-6"16'30'-3"14'5'3'15'-11"15'-11"
5'-5"
Engineered Glulam
Helical Pier Footing
6x6 Treated Post
Duggan: 643 Pond View Dr Mendota Heights
Trex Transcends Lineage
Westbury Verticable
Drink Rail
Trex Rain Escapes
LP underdeck ceiling
Post wraps
Picture Frame
2x10 SYP Treated Joists
16" OC Joist Connections
to be Simpson Strong Tie
LUSZMAX Joist Hangers
2x12 Stair Stringers Framed 9" OC
Attached using Simpson Zmax g185
Rise not to exceed 7 3/4"
Tread to be 10 1/2"
All Post to beam connections to be
secured with Simpson Zmax LPC6Z
Deck Height: 9'
(3) 2x10 SYP Treated Beam
840
REFERENCE SITE ELEVATION:
THRESHOLD: 90.45
Proposed
paver landings
and steps
Proposed
paver patio under deck
PROPOSED
ELEVATIONS
IN RED
LEAVE NATURAL AREA BEHIND
FENCE UNDISTURBED
LEAVE GRADE BEYOND PATIO UNDISTURBED
SILT PROTECTION IN FRONT OF 50' SETBACK
REPAIR SOD AREAS FROM CONSTRUCTION
DISTURBANCE WITH NEW SOD
RETAINING WALL
TERMINATES JUST
PAST EXISTING TREE
STEEL EDGING
STEEL EDGING
POLY
EDGING
ROCK
92'-0"94'-6"50'-0"100'-0"15'-0"7'-0"100' SETBACK
90.93
PROPOSED LANDSCAPE PLAN WITH 2' CONTOURS, EROSION CONTROL,
DECK LAYOUT, AND RETAINING WALL ELEVATIONECTGVVVVSBOS under deck = 94.79
BOS / 90.35'TH / 90.45'
TH / 100'
99.95'
99.3'98.45'98.25'
98.35'98.5'98.05'
97.85'
GF / 98.15'98'
95.9'93.2'
96.05'
91.35'
BOS / 93.1'
90.8'90.75'
90.1'
89.65'
89.05'
89.8'
93.7'
88.8'90.65'90.7'
89.3'
89.3'
Existing Deck
35'-0"95'-6"95'-6"840
10'-0"16'-0"33'-6"
Proposed Deck With
Paver Patio Beneath
100' SETBACK
100'-0"SITE MEASUREMENTS OVERLAID ON SURVEY AND AERIAL
Page 18 of 250
2
5
1
24624497
95
13311210569 5754
53
23
7
132294926242
3
1002221
1
2
0
9
19188
15 14
713
1
210
3624
6
7
5423181210101
0
647
639
637
643
642
639
647 643
631637
650
640
POND VIEW DRHUBER DRPOND VIEW TERWETLANDS MAP 643 Pond View Drive
City ofMendotaHeights050
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
8/22/2024
Page 19 of 250
Page 20 of 250
PLANNING STAFF REPORT
DATE:August 27, 2024
TO:Planning Commission
FROM:Sarah Madden, Community Development Manager
Jennifer Haskamp, Swanson-Haskamp Consulting
SUBJECT:Zoning Code Update Public Hearing
APPLICANT:City of Mendota Heights
BACKGROUND/ITEM DESCRIPTION
The Final Draft of the Zoning Code Update has been prepared for presentation at a public hearing
before the Planning Commission. The City has prepared proposed amendments to Title 12: Zoning
to adopt a revised zoning title and corresponding Zoning Map.
This item has been tabled from the July 23, 2024 regular Planning Commission meeting, where a
public hearing was opened, held, and closed. The Planning Commission met at a Work Session on
July 30, 2024 to continue to discuss the comments received at the July 23rd meeting. The
background report from the July 23rd meeting and the July 30th Work Session are included as an
attachment to this report.
At the July 30, 2024 Planning Commission Work Session, the Planning Commission discussed:
•The table of uses for business and industrial zoning districts, notably warehouse and
distribution
o The group determined that warehouse and distribution could be a listed
Conditional Use in the B-1 General Business Zoning District
•Utilizing a ‘mapping’ document to illustrate where code provisions have been relocated
to once the Zoning Code Update is adopted and implemented
o This document will be utilized as an attachment to the Ordinance on a temporary
basis following the implementation of the Ordinance
•Listing prohibited uses vs. noting that uses that are not listed are prohibited (Ex: Accessory
Dwelling Units)
o Uses not listed on the Table of Uses are considered prohibited. This provision is
restated at the beginning of the table to clarify for readers
•Defining governmental and municipal buildings
o A municipal building and other governmental buildings were added in the table
of uses to distinguish between the two types
•Noise regulatory standards
o Cannot be more restrictive than MPCA standards
Page 21 of 250
5a.
Zoning Code Update – Public Hearing Page 2 of 2
•Lighting regulatory standards related to athletic fields
o Athletic fields have added performance standards, has been removed from
school-specific section and into a separate performance standard section within
12-3B
•Clarifying swimming pool provisions for Multiple Family Zoning Districts
o Modified to clarify that single-family district swimming pool requirements are not
subject to the greater setbacks that multiple-family zoning districts are
A public hearing notice for this tabled item was published in the Pioneer Press and notice letters
were mailed to all properties within 350-feet of the properties which are proposed to be changed
from I-Industrial to B-1 General Business on the corresponding revised Zoning Map. The city has
not received any new written comments or objections to this land use request as of the submittal
of this report.
The Planning Commission is asked to re-open the public hearing and continue their discussion of
this item. The City’s Planning Consultant, Jennifer Haskamp, AICP, Swanson-Haskamp Consulting
will provide an overview of the Zoning Code Update and the modifications made to the Final Draft
as a result of the first public hearing and continued discussion at the July 30, 2024 Work Session.
ALTERNATIVES
1. Approve the proposed amendments to Title 12: Zoning to adopt the revised Zoning Title
drafted within the City of Mendota Heights Zoning Code Update project and corresponding
amendments to the Zoning Map to modify district boundaries and Zoning District titles; or
2.Table the request and request more information from staff.
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendments to Title 12: Zoning to adopt the
revised Zoning Title drafted within the City of Mendota Heights Zoning Code Update project
and corresponding amendments to the Zoning Map to modify district boundaries and Zoning
District titles.
If this item receives a positive recommendation from the Planning Commission, it will be
forwarded for review at the City Council’s September 17, 2024 regular meeting.
ATTACHMENTS:
1. Zoning Code Update – Final Draft dated August 13, 2024
2. Zoning Code Update – Revised Zoning Map dated July 12, 2024
3. Proposed Environmental Title – Full Draft dated July 11, 2024
4. Staff Report from the July 23, 2024 Regular Planning Commission Meeting
5. Public Comments Received
6. Staff Report from the July 30, 2024 Planning Commission Work Session (with attachments)
Page 22 of 250
Mendota Heights Zoning Ordinance 1
Table of Contents DRAFT 08.13.2024
CITY OF MENDOTA HEIGHTS
ZONING CODE
CHAPTER 1 TITLE, PURPOSE AND CONFORMANCE 5
ARTICLE A. TITLE, PURPOSE AND INTERPRETATION 5
12-1A-1. Title and Application 5
12-1A-2. Intent and Purpose 5
12-1A-3. Application and Interpretation 5
12-1A-4. Separability 5
12-1A-5. Authority 6
ARTICLE B. CONFORMANCE OF USES, STRUCTURES AND LAND 6
12-1B-1. Relationship to Comprehensive Plan 6
12-1B-2. Nonconforming Uses, Structures and Land 6
CHAPTER 2 ZONING DISTRICTS 8
ARTICLE A. GENERAL PROVISIONS 8
12-2A-1. Summary 8
12-2A-2. Zoning Districts Established 8
12-2A-3. Zoning of Annexed Territory 8
12-2A-4. Zoning Map 9
12-2A-5. Boundaries of Districts 9
12-2A-6. Applicability of Standards and other Jurisdictions 9
ARTICLE B. BASE ZONING DISTRICTS 10
12-2B-1. Base Zoning Districts 10
12-2B-2. Residential Estate (RE) 10
12-2B-3. Low Density Residential (R-1) 13
12-2B-4. Medium Density Residential (R-2) 15
12-2B-5. Multi-Family Residential (R-3) 17
12-2B-6. Mixed-Use (MU) 19
12-2B-7. General Business (B-1) 19
12-2B-8. Neighborhood Business (B-2) 20
12-2B-9. Industrial (I) 22
12-2B-10. State Park (SP) 24
ARTICLE C. OVERLAY ZONING DISTRICTS 24
12-2C-1. Public/Semi-Public Overlay District (PSP-O) 24
12-2C-2. Planned Unit Development Overlay Districts (PUD) 25
12-2C-3. Floodplain Overlay District (FP-O) 26
12-2C-4. Mississippi River Corridor Critical Area (MRCCA) Overlay District 27
CHAPTER 3 ALLOWED USES 28
ARTICLE A. GENERAL PROVISIONS 28
12-3A-1. Uses Contained in this Chapter 28
12-3A-2. Uses not Identified in this Chapter 28
Page 23 of 250
Mendota Heights Zoning Ordinance 2
Table of Contents DRAFT 08.13.2024
12-3A-3. General Standards Applicable for Uses 28
ARTICLE B. PERMITTED AND PROHIBITED USES 29
12-3B-1. Table of Uses 29
12-3B-2. Use Specific Regulations 38
12-3B-3. Residential Use Specific Regulations 38
12-3B-4. Business/Commercial Use Specific Regulations 40
12-3B-5. Industrial, Transportation & Utility Use Specific Regulations 48
12-3B-6. Public, Semi-Public Use Specific Regulations 58
12-3B-7. Accessory Use Specific Regulations 60
CHAPTER 4 BUILDING, CHARACTER AND DESIGN STANDARDS 63
ARTICLE A. GENERAL PROVISIONS APPLICABLE TO ALL ZONING DISTRICTS 63
12-4A-1. General Character and Form of Property 63
12-4A-2. Utilities and Services 63
12-4A-3. Yards and Open Space 64
12-4A-4. Wetland Requirements 66
12-4A-5. Landscaping Requirements 67
12-4A-6. Impervious Surface Requirements 69
12-4A-7. Exceptions to Structures Height 70
12-4A-8. Accessory Structure Standards 70
12-4A-9. Off-Street Parking and Loading 74
12-4A-10. Fences 80
12-4A-11. Signs 83
ARTICLE B. STANDARDS APPLICABLE TO RESIDENTIAL DISTRICTS (RE, R-1, R-2 AND R-3) 88
12-4B-1. Lot and Building Provisions 88
12-4B-2. Single-Family Detached and Attached Building Requirements 88
12-4B-3. Attached and Multi-Family Residential Building Requirements 90
12-4B-4. Outside Storage of Personal Recreational Equipment in Residential Districts 92
ARTICLE C. STANDARDS APPLICABLE TO OVERLAY DISTRICTS 93
12-4C-1. Public Semi-Public Overlay District (PSP-O) 93
12-4C-2. Floodplain Overlay District (FP-O) 94
ARTICLE D. STANDARDS APPLICABLE TO BUSINESS, INDUSTRIAL AND PUBLIC SEMI-PUBLIC
OVERLAY 94
12-4D-1. Lot and Building Standards 94
12-4D-2. Screening 96
12-4D-3. Lighting 96
CHAPTER 5 ADMINISTRATION AND CONFORMANCE 98
ARTICLE A. GENERAL PROVISIONS AND ADMINISTRATION 98
12-5A-1. Administration and Enforcement Officials 98
12-5A-2. Duties of a Zoning Administrator 98
12-5A-3. Appeal of Zoning Administration Decision 98
ARTICLE B. COMMON STANDARDS OF LAND USE APPLICATIONS 99
Page 24 of 250
Mendota Heights Zoning Ordinance 3
Table of Contents DRAFT 08.13.2024
12-5B-1. Purpose and Applicability 99
12-5B-2. Comprehensive Plan Amendment 101
12-5B-3. Zoning Amendment (Text or Map) 102
12-5B-4. Site Plan 102
12-5B-5. Conditional Uses 104
12-5B-6. Interim Uses 104
12-5B-7. Variances 106
12-5B-8. Planned Unit Development 107
ARTICLE C. OTHER APPLICATIONS, STUDIES AND PERMITS 116
12-5C-1. Building Permits 116
12-5C-2. Certificate of Occupancy 116
12-5C-3. Traffic Studies 117
12-5C-4. Administrative Permit 117
ARTICLE D. ENVIRONMENTAL REVIEW 118
12-5D-1. Environmental Assessment Worksheet (EAW) 118
ARTICLE E. FEES AND VIOLATIONS 119
12-5E-1. Fees and Deposits 119
12-5E-2. Violations; Penalties 119
CHAPTER 6 CRITICAL AREA OVERLAY DISTRICT 120
ARTICLE A. GENERAL PROVISIONS AND ADMINISTRATION 120
12-6A-1. Authority, Policy and Intent 120
12-6A-2. General Provisions and Definitions 120
12-6A-3. Administration 121
12-6A-4. Mississippi River Corridor Critical Area (MRCCA) Districts 123
12-6A-5. Special Land Use Provisions 124
12-6A-6. Structure Heights, Placement and Lot Size 125
12-6A-7. Performance Standards for Private Facilities 127
12-6A-8. Performance Standards for Public Facilities 128
12-6A-9. Vegetation Management 130
12-6A-10. Land Alteration Standards and Stormwater Management 132
12-6A-11. Subdivision and Land Development Standards 134
12-6A-12. Site Plan Requirements 135
12-6A-13. Official Review Process 138
12-6A-14. Notification to Resource Agencies 138
12-6A-15. Exemptions 138
CHAPTER 7 PROPERTY MAINTENANCE 142
ARTICLE A. RESIDENTIAL PROPERY MAINTENANCE 142
12-7A-1. Findings and Purpose Statement 142
12-7A-2. Building Structure Appearance and Maintenance Requirements 142
12-7A-3. Exterior Property Public Health and Safety Requirements 142
12-7A-4. Firewood Storage 143
12-7A-5. Other Outdoor Storage 143
12-7A-6. Accumulations and Hazardous Material 144
12-7A-7. Rubbish and Garbage 144
Page 25 of 250
Mendota Heights Zoning Ordinance 4
Table of Contents DRAFT 08.13.2024
12-7A-8. Storm Drainage 144
12-7A-9. Temporary Goat Grazing 144
12-7A-5. Abatement and Enforcement Procedures 144
ARTICLE B. RESIDENTIAL PROPERY MAINTENANCE 145
12-7B-1. Findings and Purpose Statement 145
12-7B-2. Building and Structure Appearance and Safety Requirements 145
12-7B-3. Maintenance Requirements for Vacant Buildings 146
12-7B-4. Landscaping and Grounds Maintenance 146
12-7B-5. Signs and Lighting 147
12-7B-6. Rubbish, Garbage, and Trash 147
12-7B-7. Temporary Goat Grazing 147
12-7B-8. Abatement and Enforcement Procedures 147
CHAPTER 8 RULES AND DEFINITIONS 149
ARTICLE A. PURPOSE AND GENERAL PROVISIONS 149
12-8A-1. Rules of Word Construction 149
ARTICLE B. DEFINITIONS OF ZONING CHAPTERS 1, 2, 3, 4, AND 5 OF THIS TITLE 149
12-8B-1. Definitions 149
ARTICLE C. DEFINITIONS OF ADULT USES OF THIS TITLE 160
12-8C-1. Definitions 160
ARTICLE D. DEFINITION OF CRITICAL AREA OVERLAY DISTRICT OF THIS TITLE 162
12-8D-1. Definitions 162
ARTICLE E. DEFINITIONS OF AIRCRAFT NOISE ATTENUATION OF THIS TITLE 170
12-8E-1. Definitions 170
Page 26 of 250
Mendota Heights Zoning Ordinance CHAPTER 1 - 1
Chapter 1 DRAFT 08.13.2024
CHAPTER 1: TITLE, PURPOSE AND CONFORMANCE
ARTICLE A. TITLE, PURPOSE AND INTERPRETATION
12-1A-1 Title and Application
This Title shall be known, cited and referred to as the MENDOTA HEIGHTS ZONING ORDINANCE or except as referred
to hereinafter, where it shall be known as “Zoning Ordinance”.
12-1A-2 Intent and Purpose
This Zoning Ordinance is adopted for the purposes of:
A. Protecting the public health, safety, morals, comfort, convenience, and general welfare.
B. Dividing the City into zones and districts restricting and regulating therein the location, construction,
reconstruction, alteration, and use of structures and land.
C. Promoting orderly development of the residential, business, industrial, recreation and public areas.
D. Providing adequate light, air, and convenience of access to property.
E. Limiting congestion in the public rights-of-way.
F. Preventing overcrowding of land and undue concentration of structures by regulating the use of land and
buildings and the bulk of buildings in relation to the land and buildings surrounding them.
G. Providing for the compatibility of different land uses and the most appropriate use of land throughout the City.
H. Providing for the administration of this Zoning Ordinance and amendments thereto.
I. Defining the powers and duties of the administrative officers and bodies, as provided hereinafter.
J. Prescribing penalties for the violation of the provisions of this Zoning Ordinance or any amendment thereto.
12-1A-3 Application and Interpretation
A. Minimum Requirements. In their interpretation and application, the provisions of this Zoning Ordinance shall be
held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience,
and general welfare.
B. Conflicting Provisions. Where the conditions imposed by any provision of this Zoning Ordinance are either more
restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statue, resolution,
or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or
requirements shall prevail.
C. Compliance with Provisions. No structure shall be erected, converted, enlarged, reconstructed, or altered, and no
structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of
this Zoning Ordinance.
12-1A-4 Separability
It is hereby declared to be the intention that the provisions of this Zoning Ordinance which are separable in accordance
with the following:
A. If any court of competent jurisdiction shall judge any provisions of this Zoning Ordinance to be invalid, such
judgement shall not affect any other provision of this Zoning Ordinance not specifically included in said
judgement.
Page 27 of 250
Mendota Heights Zoning Ordinance CHAPTER 1 - 2
Chapter 1 DRAFT 08.13.2024
B. If any court of competent jurisdiction shall judge invalid the application of any provision of this Zoning Ordinance
to a particular property, building, or structure, such judgement shall not affect other property, buildings, or
structures.
12-1A-5 Authority
This Chapter is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, and Sections
462.351 to 462.364, and any other successor chapters and sections.
ARTICLE B. CONFORMANCE OF USES, STRUCTURES AND LAND
12-1B-1 Relationship to Comprehensive Plan
It is the policy of the City of Mendota Heights that the enforcement, amendment, and administration of this Zoning
Ordinance be accomplished with due consideration of the recommendations contained in the Comprehensive Plan, as
developed and amended from time to time by the City Council of the City. The City Council recognizes the Comprehensive
Plan as the policy guide for responsible regulation of land use and development in accordance with the policies and
purpose herein set forth.
12-1B-2 Nonconforming Uses, Structures and Land
A. Continuance of Nonconforming Use, Structure or Land. Any structure or use lawfully existing upon the effective
date of this Zoning Ordinance may be continued at the size and in a manner of operation existing upon such date
except as hereinafter specified.
B. Discontinuance of Use. Whenever a lawful nonconforming use of a structure or land is discontinued for a period of
six (6) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning
Ordinance.
C. Change of Use.
1. When any lawful nonconforming use of any structure or land in any Zoning District has been changed to a
conforming use, it shall not thereafter be changed to any nonconforming use.
2. A lawful nonconforming use of a structure or parcel of land may be changed to a similar nonconforming use
or to a more restrictive nonconforming use. Once a structure or parcel of land has been placed in a more
restrictive nonconforming use, it shall not return to a less restrictive nonconforming use.
D. Maintenance and Repairs.
1. Nothing in this Zoning Ordinance shall prevent the placing of a structure in safe condition when said
structure is declared unsafe by the code enforcement officer.
2. Whenever a lawful nonconforming structure has been damaged by fire, flood, explosion, earthquake, war,
riot or act of God, it may be remodeled, reconstructed, improved, or rebuilt, provided that:
a. A building permit is applied for within six (6) months of the date of the damage; and
b. The work provided for in the building permit is completed within 12 months of the date of damage; and
c. The reconstruction does not expand the physical size or bulk of the building, nor increase the
nonconformity.
E. Alterations. Alterations may be made to a building containing lawful nonconforming residential units when they will
improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building.
F. Structures Under Construction. Any structure which will, under this Zoning Ordinance, become nonconforming, but
for which a building permit has been lawfully granted prior to the effective date of this Zoning Ordinance or of
amendments hereto, may be completed in accordance with the approved plans, provided construction is started
Page 28 of 250
Mendota Heights Zoning Ordinance CHAPTER 1 - 3
Chapter 1 DRAFT 08.13.2024
within six (6) months of the effective date of this Zoning Ordinance or amendment hereto and continued to
completion within two (2) years. Such structure shall thereafter be a legally existing nonconforming structure.
Page 29 of 250
Mendota Heights Zoning Ordinance CHAPTER 2 - 1
Chapter 2 DRAFT 08.13.2024
CHAPTER 2: ZONING DISTRICTS
ARTICLE A. GENERAL PROVISIONS
12-2A-1 Summary
This Chapter establishes the Zoning Districts and their corresponding dimensional standards and regulations in the City.
All parcels within the City are zoned with a Base Zoning District and may also be zoned with an Overlay District. Defined
terms are generally identified by capitalization and are provided in Chapter 8 of this Zoning Ordinance.
12-2A-2 Zoning Districts Established
A. Table of Established Base and Overlay Districts. The following table is provided to summarize and identify the
Zoning Districts in the City.
Table 12-2A-2.1 Established Base and Overlay Districts
ZONING DISTRICT ABBREVIATION
Base Residential Districts
Residential Estate RE
Low Density Residential R-1
Medium Density Residential R-2
Multi-Family Residential R-3
Base Business Districts
General Business B-1
Neighborhood Business B-2
Base Industrial District
Industrial I
Base Other Districts
Mixed-Use MU
State Park SP
Overlay Districts
Public/Semi-Public Overlay District PSP-O
Planned Unit Development Overlay District PUD
Mississippi River Critical Corridor Area Overlay District MRCCA
Floodplain Overlay District FP-O
12-2A-3 Zoning of Annexed Territory
Annexed territory shall be placed in the Residential Estate (RE) Zoning District until such time as a detailed study
determining its proper use District is undertaken.
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12-2A-4 Zoning Map
The boundaries of these Zoning Districts are hereby established as shown on the official map entitled Zoning Map of
Mendota Heights, Minnesota, which map is approved and filed in the office of the City Clerk, hereinafter referred to as the
“Zoning Map.” Said map and all the notations, references and other information shown thereon shall have the same force
and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length.
12-2A-5 Boundaries of Districts
A. Boundaries Established.
1. Zoning District boundary lines as indicated on the Zoning Map follow lot lines, the centerlines of streets or
alleys, the centerlines of streets or alleys projected, railroad right-of-way lines, the center of watercourses or
the corporate limit lines, to the extent possible, all as they exist upon the effective date of this Chapter.
2. If Zoning District boundary lines do not follow any of the above-described lines, the Zoning District boundary
lines are established as drawn on the Zoning Map.
3. Where a Base Zoning District boundary line divides a lot of record which was in single ownership at the time
of enactment of this Chapter and places portions of such lot of record in two (2) or more Base Zoning
Districts, any portion of such lot within 50-feet on either side of such Base Zoning District boundary line may
be used for either Base Zoning District. However, if any portion of said lot extends beyond the 50-foot
limitation, the Base Zoning District line as shown shall prevail.
4. The Minnesota Department of Natural Resources (MNDNR) establishes the boundary lines of the Mississippi
River Critical Corridor Area (MRCCA) Overlay District and FEMA establishes the boundary lines of the
designated floodplain overlay. These Overlay Districts may be referred to as the Environmental Overlay
Districts, and lands affected by these Districts shall be subject to the boundaries as established by the
regulatory agency which may be updated from time to time.
5. The Public/Semi-Public Overlay (PSP-O) District shall be established as a use-based district and is only
valid if an active public semi-public use, as identified in [12-2C-1D], is present on the property, otherwise the
Base Zoning District shall regulate the subject property. Per Table [12-3B-1.1] Table of Uses the listed
Public/Semi-Public Uses shall only be permitted on lands that are contained within the PSP-O as shown on
the Official Zoning Map.
B. Vacation of Public Right-of-Ways. Whenever any street, alley or other public right-of-way is vacated by official
action of the City, the Base Zoning District abutting the centerline of said alley or public way shall not be affected
by such proceeding.
12-2A-6 Applicability of Standards and other Jurisdictions.
A. This Chapter must be evaluated in coordination with the other Chapters of this Zoning Ordinance, including the
standards established in Chapter 4: Building, Character and Design Standards that establishes physical site
performance standards and regulations.
B. This Chapter establishes that other jurisdictions have authority over certain lands contained within the described
Overlay Districts, and in the case of any conflict between regulations the most restrictive standards shall apply,
regardless of jurisdiction.
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ARTICLE B. BASE ZONING DISTRICTS
12-2B-1 Base Zoning Districts
A. Assigned Base Zoning Districts. All parcels, lots and land within the City are zoned with a Base Zoning District
designation. The Base Zoning Districts establish and assign dimensional standards for all lots, improvements,
subdivisions and other uses as described and regulated within this Zoning Ordinance. A parcel of land,
development or contiguous area may be subject to an Overlay District which may assign additional dimensional
standards and rules or provide certain flexibility from the standards as expressly described in other applicable
Chapters or Sections.
Table 12-2B-1.1 Base Zoning Districts
Residential Districts Business Districts
Residential
Estate
Low Density
Residential1
Medium
Density
Residential
Multi-Family
Residential Mixed- Use General
Business
Neighborhood
Business Industrial
Abbreviations RE R-1 R-2 R-3 MU B-1 B-2 I
Lot Size
(minimum)
30,000
square feet
15,000
square feet
5,500 square
feet/unit
20,000 square
feet total or
3,500 square
feet/unit
15,000 square
feet total or
3,500 square
feet/unit
20,000 square
feet
15,000 square
feet 1 acre
Lot Width
(minimum) 125’ 100’ 35’ per unit 150’ 100’ 150’ 100’ 100’
Impervious
Surface Area
(maximum)
35%
35%, up to
50% with
BMPs2
35%, up to
50% with
BMPs2
50%, up to
65% with
BMPs2
60%, up to 75%
with BMPs2
60%, up to
75% with
BMPs2
60%, up to
75% with
BMPs2
75%, up to
90% with
BMPs2
Height
(maximum) 35’ 25’ 25’ 60’ 60’ 35’ 30’ 45’
1See Section [12-2B-3.D] for exceptions regarding existing lots of record platted prior to 1982.
2Best Management Practices (BMPs) are recognized and approved by the most current Minnesota Pollution Control Agency (MPCA) Stormwater Manual. The
Public Works Director must review and approve all mitigative BMPs prior to the commencement of any site work.
12-2B-2 Residential Estate (RE)
A. Purpose of Residential Estate (RE) Zoning District. The RE Zoning District designates areas in the community
where the predominant use of property is for large lot, single-family detached uses with supporting accessory
uses. Properties zoned RE have a larger lot size and may or may not be part of a platted neighborhood. Land
developed within the RE Zoning District may be served by private well and septic or connected to municipal utility
services.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. [Table 12-2B-2.1] identifies the Dimensional Standards for Principal and
Accessory Structures.
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Table 12-2B-2.1 RE Dimensional and Lot Standards
Lot Dimensions
A Lot Size (minimum) 30,000 square feet
B Lot Width (minimum) 125 feet
Principal Building Standards
C Front Yard Setback
Newly Created Lot (new plat)
Existing Lot of Record (infill)
40 feet
See Section [12-4A-3.D 2]
D Side Yard Setback (minimum) 15 feet interior lot line
30 feet abutting a street
E Rear Yard Setback (minimum) 30 feet
Principal Building Height (maximum) 35 feet
Accessory Structure Standards
Private Garages
Number (maximum) One (1) detached or one (1) attached garage per Lot; see Section [12-4A-8.D.2]
for Exception for Two Private Garages on a Lot
Size (maximum)
If Attached Private Garage 1,200 square feet
1,201 – 1,500 square feet with CUP
If Detached Private Garage 750 square feet
751 – 1,000 square feet with CUP
Size for Exception for Two Private
Garages Up to 2,400 square feet based on lot size, see Section [12-4A-8.D 2]
Front Yard Setback (attached) Minimum Front Yard Setback of Principal Building
F Front Yard Setback (detached) Behind Principal Building front facade
Side and Rear Yard Setbacks (minimum) Corner lots must meet principal building side yard setback
144 to 2,000 square feet 10 feet
Over 2,000 square feet 15 feet
Height (maximum) May not exceed height of principal building
144 to 2,000 square feet 15 feet, 1.5 stories
Over 2,000 square feet 18 feet, 1.5 stories
G Setback from Principal Building (minimum) 5 feet
Garage Doors
Width (maximum measured horizontally) 36 linear feet as viewed from the public right-of-way
Height (maximum) 9 feet, or up to 12 feet with Conditional Use Permit
Storage Building
Number (maximum) One (1); See Section [12-4A-8.E.a.iii.] for Exception for two Storage Buildings if
Chicken Coop/Run
Size 144 square feet for one (1) Storage Building; maximum of 225 square feet of
combined Storage Building and Chicken Coop/Run
Front Yard Setback (minimum) Behind Principal Building front facade
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Side and Rear Yard Setback (minimum) 5 feet
Height (maximum) 10 feet, 1 story
Accessory Structure (not meeting definition of Building)
Setbacks Must meet all Storage Building yard setbacks
Size No limit; must meet impervious surface requirements.
Other Standards
Impervious Surface Coverage (maximum) 35%
Figure 12-2B-2.1 RE Lot Diagram Example
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12-2B-3 Low Density Residential (R-1)
A. Purpose of Low Density Residential (R-1) Zoning District. The R-1 Zoning District designates areas in the
community that are predominantly used for single-family residential principal and accessory uses. Properties
zoned R-1 are primaril developed with single-family homes, curvilinear roadways, public utilities and front-facing
attached garages. Any future redevelopment is intended to comply with the characteristics and dimensional
standards of the current development pattern.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. [Table 12-2B-3.1] identifies the Dimensional Standards for Principal and
Accessory Structures.
D. Exception to Certain Dimensional Standards for Existing Lots of Record.
1. Certain subdivision plats were approved prior to the adoption of the R-1 dimensional standards established
in Table [12-2B-3.1]. An Existing Lots of Record meeting this exception must be:
a. Platted prior to 1982; and
b. Be substandard to the required minimum lot area or lot width, or both.
2. If a lot meets the definition of an Existing Lot of Record as established in (1.) above, then the following
exceptions to Table 12-2B-3.1 Dimensional and Lot Standards shall apply. If the Existing Lot of Record
meets the following standards, then it shall be deemed conforming to the Zoning District Standards.
a. Lot Area must be a minimum of 50% of the lot area established in Table [12-2B-3.1].
b. Lot Width must be a minimum of 50-feet.
c. Lot may not be created by a new subdivision, or it shall be deemed to be new and does not meet the
definition of an Existing Lot of Record.
d. Minimum Side Yard Setback shall be determined by the closest point of the existing principal structure,
but in no case shall any addition or improvement be located closer than 5-feet from the property line.
Table 12-2B-3.1 R-1 Dimensional and Lot Standards
Lot Dimensions
A Lot Size (minimum) 15,000 square feet
B Lot Width (minimum) 100 feet
Principal Building Standards
C Front Yard Setback
Newly Created Lot (new plat) – Minimum
Existing Lot of Record (infill) – Minimum
30 feet
See Section [12-4A-3.D.2]
Newly Created Lot (new plat) – Maximum
Existing Lot of Record (infill) - Maximum
40 feet
See Section [12-4A-3. D.2]
D Side Yard Setback (minimum) 10 feet interior lot line
30 feet abutting a street
E Rear Yard Setback (minimum) 30 feet
Height (maximum) 25 feet
Accessory Structure Standards
Private Garages
Number (maximum) One (1) detached or one (1) attached garage per lot; see [Section 12-
4A-8.D.2] for Exception for Two Private Garages on a Lot.
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Size (maximum)
If Attached Private Garage 1,200 square feet
1,201 – 1,500 square feet with CUP
If Detached Private Garage 750 square feet
751 – 1,000 square feet with CUP
Size of Exception for Two Private Garages Up to 2,400 square feet based on lot size, see Section [12-4A-8.D.2]
Front Yard Setback (attached) Minimum Front Yard Setback of Principal Building
F Front Yard Setback (detached) Behind Principal Building front facade
Side and Rear Yard Setbacks (minimum) Corner lots must meet Principal Building side yard setback
H 144 to 2,000 square feet 10 feet
Over 2,000 square feet 15 feet
Height (Maximum) May not exceed height of Principal Building
144 to 2,000 square feet 15 feet, 1.5 stories
2,000 to 2,400 Square Feet 18 feet, 1.5 stories
I Setback from Principal Building 5 feet
Garage Doors
Width (maximum measured horizontally) 36 linear feet as viewed from the public right-of-way
Height (maximum) 9 feet, up to 12 feet with Conditional Use Permit
Storage Building
Number (maximum) One (1); See [Section 12-4A-8.E.a.iii.] for Exception for two Storage
Buildings if Chicken Coop/Run.
Size 144 square feet for one (1) Storage Building; maximum of 225 square
feet of combined Storage Building and Chick Coop/Run.
Front Yard Setback (minimum) Behind Principal Building front facade
G Side and Rear Yard Setbacks (minimum) 5 feet
Height (maximum) 10 feet, 1 story
Accessory Structure (not meeting definition of Building)
Setbacks Must meet all Accessory Building yard setbacks
Size No limit; must meet impervious surface requirements for all combined
improvements.
Other Standards
Impervious Surface Coverage (maximum) 35%, or up to 50% with approved Best Management Practices (BMPs)
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Figure 12-2B-3.1 R-1 Lot Diagram Example
12-2B-4 Medium Density Residential (R-2)
A. Purpose of Medium Density Residential (R-2) Zoning District. The R-2 Zoning District designates areas in the
community that are developed with small-lot detached residential or attached residential uses. Properties zoned
R-2 are predominantly developed with duplex, triplex, townhome or rowhome residential uses and are located
within platted developments. The properties designated within the R-2 Zoning District were generally developed as
part of a Planned Unit Development (PUD) and are subject to additional standards and requirements as
established within the PUD.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. Table [12-2B-4.1] identifies the Dimensional Standards for Principal and
Accessory Structures.
Table 12-2B-4.1 R-2 Dimensional and Lot Standards
Lot Dimensions
A Lot Size (minimum) 5,500 square feet per unit
B Lot Width (minimum) 35 feet per unit
Principal Building Standards
C Minimum Width of Principal Building 20 feet (per unit)
Minimum finished habitable floor area 1,000 square feet
D Front Yard Setback (minimum) 20 feet
E Side Yard Setback (minimum)
0 feet if attached unit
10 feet interior lot line
30 feet abutting a street
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F Rear Yard Setback (minimum) 30 feet
Height (maximum) 25 feet, 2 stories
Accessory Structure Standards
Private Garages
Number (maximum) One (1) detached private garage or one (1) attached private garage per unit.
Size (attached or detached) Minimum of 220 square feet and maximum of 750 square feet
751 – 1,000 square feet with CUP
Front Yard Setback (attached) Principal Building Setbacks (minimum)
G Front Yard Setback (detached) Behind Principal Building front facade
Side and Rear Yard Setbacks (detached)
If corner lot/unit
5 feet
Must meet Principal Building front yard setback on all road frontage
Height (maximum) 15 feet, 1.5 stories
H Setback from Principal Building (minimum) 5 feet
Garage Doors
Width No more than 36 linear feet can be viewed from the public right-of-way, measured
horizontally
Height (maximum) 9 feet
Storage Building
Number (maximum per lot) One (1); See [Section 12-4A-8.E.a.iii] for Exception for two Storage Buildings if
Chicken Coop/Run.
Size (maximum per lot) 144 Square Feet for one (1) Storage Building; maximum of 225 Square Feet of
combined Storage Building and Chicken Coop/Run.
Front Yard Setback (minimum) Behind Principal Building front facade
Side and Rear Yard Setback (minimum) 5 feet
Height (maximum) 10 feet, 1 story
Accessory Structure (not meeting definition of Building)
Setbacks Must meet all accessory building yard setbacks
Size No limit; must meet impervious surface requirements for all combined improvements.
Other Standards
Impervious Surface Coverage (maximum) 35%, or up to 50% with approved Best Management Practices (BMPs)
Parking (minimum) One (1) space per unit or one (1) space per bedroom, whichever is greater
(1 must be enclosed)
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Figure 12-2B-4.1 R-2 Lot Diagram Example
12-2B-5 Multi-Family Residential (R-3)
A. Purpose of Multi-Family Residential (R-3) Zoning District. The R-3 Zoning District designates areas in the
community that are developed with attached multi-family residential uses and supporting accessory uses.
Properties zoned R-3 are predominantly developed with apartments, condominiums and may include townhomes
or rowhomes. The properties designated within the R-3 Zoning District were generally developed as part of a
Planned Unit Development (PUD) and may be subject to additional standards and requirements as established
within the PUD.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning Dimensional Standards. Table [12-2B-5.1] identifies the Dimensional Standards for Principal and
Accessory Structures.
Table 12-2B-5.1 R-3 Dimensional and Lot Standards
Minimum Lot Area per Dwelling Unit
A Minimum Lot Size 20,000 square feet
Minimum Lot Size Per Unit 3,500 square feet per unit
Principal Building Standards
B Front Yard Setback 50 feet
C Side Yard Setback 40 feet
D Rear Yard Setback 40 feet
Height (maximum) 60 feet; may exceed maximum with CUP
Accessory Structure Standards
Private Garage
E Front Yard Setback (minimum) 50 feet
Side and Rear Yard Setbacks (minimum) Corner lots must meet Principal Building side yard setback
144 to 2,000 Square Feet 10 feet
Over 2,000 Square Feet 15 feet
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Height (Maximum) May not exceed height of Principal Building
144 to 2,000 Square Feet 15 feet, 1.5 stories
Over 2,000 Square Feet 18 feet, 1.5 stories
F Setback from Principal Building (detached) 5 feet minimum; or as determined by the Building Official
Storage Building
Number (maximum)
One (1); See Section [12-4A-8.E.a.iii. for Exception for two Storage
Buildings if Chicken Coop/Run. All other detached Storage Buildings
Require a CUP.
Size
144 square feet for one (1) Storage Building, maximum of 225 square
feet of combined Storage Building and Coop/Run. All other detached
Storage Buildings require a CUP.
Front Yard Setback (minimum) Behind Principal Building front façade
Side and Rear Yard Setback (minimum) 5 feet
Height (maximum) 10 feet, 1 story
Accessory Structure (not meeting definition of Building)
Setbacks Must meet all Storage Building yard setbacks
Size No limit, must meet impervious surface requirements for all combined
improvements
Parking and Other Standards
Impervious Surface Coverage (maximum) 50%, or up to 65% with approved Best Management Practices (BMPs)
Parking (minimum) One (1) space per unit or one (1) space per bedroom, whichever is
greater
Enclosed Parking One space must be enclosed per unit
Surface Parking minimum setback 40 feet from public ROW and 10 feet from any Principal Building
Design Standards See Section [12-4B-3E]
Figure 12-2B-5.1 R-3 Lot Diagram Example
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12-2B-6 Mixed-Use (MU)
A. Purpose of Mixed-Use Zoning District. The MU Zoning District designates areas in the community that are
developed with a mix of both residential and business uses within an area, on an individual parcel, or lot.
Properties zoned MU are predominately developed with a mix of multi-family attached residential uses, retail, and
commercial uses. The properties designated within the MU are regulated by a Planned Unit Development (PUD)
plan and are subject to additional standards and requirements as established within the PUD.
B. Permitted Uses. The allowed uses are established within the Planned Unit Development (PUD) agreement for a
specific area. Generally, the permitted, conditional, and accessory uses contained in the R-2, R-3, B-1 and B-2
Zoning Districts are potentially allowable. See Chapter 3. Allowed Uses for specific uses.
C. Zoning District Dimensional Standards. All MU Districts are subject to a PUD. The PUD for the development
establishes the specific dimensional standards for the development type. The Base District considerations for
residential uses are the R-2 Medium Density Residential or R-3 Multi-Family Residential Zoning District standards,
and for business uses are the B-2 Neighborhood Business District standards.
12-2B-7 General Business (B-1)
A. Purpose of B-1 General Business District. The B-1 Zoning District designates areas in the community that are
developed, or intended to be developed, with retail, commercial, office, and service uses that serve the larger
region. Examples of uses within the General Business Zoning District may include office or business parks, larger
shopping areas, or a medical service campus. Properties zoned General Business have access to larger
roadways and collectors and are located in areas not intended to connect to residential neighborhoods.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. Table [12-2B-7.1] identifies the Dimensional Standards for Principal and
Accessory Structures.
Table 12-2B-7.1 General Business Dimensional and Lot Standards
Lot Dimensions
A Lot Size (minimum) 20,000 square feet
B Lot Width (minimum) 150 feet
Principal Building Standards
C Front Yard Setback (minimum) 50 feet
Abutting a major thoroughfare 100 feet
D Side Yard Setback (minimum) 40 feet
Adjacent to a street 40 feet
Adjacent to a Residential District 50 feet
E Rear Yard Setback (minimum) 40 feet
Adjacent to a Residential District 50 feet
Height (maximum) Two (2) stories or 35 feet (height exceeding 30 feet must obtain a CUP)
Accessory Structure Standards
All Accessory Buildings
Front Yard Setback Behind Principal Building
F Side and Rear Yard Setbacks (minimum)
Less than 144 Square Feet 5 feet
144 to 2,000 Square Feet 10 feet
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Over 2,000 Square Feet 15 feet
G Setback from Principal Building (minimum) 5 feet
Height (maximum) May not exceed height of Principal Building
Size and Number One (1) Storage Building not to exceed 144 Square Feet is Permitted;
All other requires CUP
Accessory Structure (not meeting definition of Building)
Setbacks Must meet all Accessory Building yard setbacks
Size No limit, must meet impervious surface requirements for all combined
improvements.
Other Standards
Building Coverage (maximum) 50%
Impervious Surface Coverage (maximum) 60%, or up to 75% with approved Best Management Practices (BMPs)
Parking See [Section 12-4A-9]
Figure 12-2B-7.1 General Business Lot Diagram Example
12-2B-8 Neighborhood Business (B-2)
A. Purpose of Neighborhood Business (B-2) District. The B-2 Neighborhood Business Zoning District designates
areas in the community that are developed, or intended to be developed, with small-scale retail, commercial and
service uses that are supportive of the surrounding residential neighborhoods. Properties zoned B-2 are located
along key neighborhood corridors and at neighborhood nodes and are intended to serve the local community.
B. Permitted Uses. See Chapter 3: Allowed Uses.
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C. Zoning District Dimensional Standards. Table [12-2B-8.1] identifies the Dimensional Standards for Principal and
Accessory Structures.
Table 12-2B-8.1 Neighborhood Business Dimensional and Lot Standards
Lot Dimensions
A Lot Size (minimum) 15,000 square feet
B Lot Width (minimum) 100 feet
Principal Building Standards
C Front Yard Setback (minimum) 20 feet
D Side Yard Setback (minimum) 15 feet or equal to height of structure, whichever is greater
E Rear Yard Setback (minimum) 30 feet or equal to height of structure, whichever is greater
If adjacent to Residential Base Zoning District or
Residential Use 50 feet from all property lines
Height (maximum) 3 stories or 30 feet, whichever is less
Accessory Structure Standards
All Accessory Buildings
F Front Yard Setback Behind Principal Building
Side and Rear Yard Setbacks (minimum)
Less than 144 Square Feet 5 feet
144 to 2,000 Square Feet 10 feet
Over 2,000 Square Feet 15 feet
G Setback from Principal Building (minimum) 5 feet
Height (Maximum) May not exceed height of Principal Building
Size and Number One (1) Storage Building not to exceed 144 Square Feet is Permitted;
All other requires a CUP
Accessory Structures (Not meeting definition of Building)
Setbacks Must meet all Accessory Building yard setbacks
Size No limit, must meet impervious surface requirements for all combined
improvements.
Other Standards
Building Coverage (maximum) 50%
Impervious Surface Coverage (maximum) 60%, or up to 75% with approved Best Management Practices (BMPs)
Parking See Section [12-4A-9]
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Figure 12-2B-8.1 Neighborhood Business Lot Diagram Example
12-2B-9 Industrial (I)
A. Purpose of Industrial (I) District. The Industrial Zoning District designates areas in the community that are
developed, or intended to be developed, with light and creative industrial uses. Examples of uses within the
Industrial Zoning District may include warehouses, light manufacturing, office, and utilities.
B. Permitted Uses. See Chapter 3: Allowed Uses.
C. Zoning District Dimensional Standards. Table [12-2B-9.1] identifies the Dimensional Standards for Principal and
Accessory Structures.
Table 12-2B-9.1 Industrial Dimensional and Lot Standards
Lot Dimensions
A Lot Size (minimum) 1 acre
B Lot Width (minimum) 100 feet
Principal Building Standards
Front Yard Setback (minimum) 40 feet
C Front Yard Setback (minimum) 50 feet abutting a Residential Base Zoning District or Residential Use
D Side Yard Setback (minimum) 30 feet interior lot line
40 feet abutting a public street
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50 feet abutting a Residential Base Zoning District or Residential Use
E Rear Yard Setback (minimum) 50 feet
100 feet abutting a Residential Base Zoning District or Residential Use
Height (maximum) 45 feet
Parking Setbacks
F Parking Spaces or Aisles
From any Public Right-of-Way (ROW) 20 feet
Any building or lot line 10 feet
Accessory Structure Standards
F Front Yard Setback Behind Principal Building
G Side and Rear Yard Setbacks (minimum)
Less than 144 Square Feet 5 feet
144 to 2,000 Square Feet 10 feet
Over 2,000 Square Feet 15 feet
H Setback from Principal Building 5 feet
Height May not exceed height of Principal Building
Size and Number One (1) Storage Building not to exceed 144 Square Feet is Permitted; All
other requires CUP
Accessory Structure (Not meeting definition of Building)
Setbacks Must meet all Accessory Building yard setbacks
Size No limit, must meet impervious surface requirements for all combined
improvements.
Other Standards
Building Coverage (maximum) 50%
Impervious Surface Coverage (maximum) 75%, up to 90% with approved Best Management Practices (BMPs)
Parking See [Section 12-4A-9]
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Figure 12-2B-8.1 Industrial Lot Diagram Example
12-2B-10 State Park (SP)
A. Purpose of State Park District. The State Park District designates areas which are owned by the State of
Minnesota Department of Natural Resources and located within Fort Snelling State Park.
B. Permitted Uses. The uses permitted in the areas designated as State Park shall be as regulated and permitted by
Minnesota Department of Natural Resources.
C. Zoning District Dimensional Standards. The City of Mendota Heights incorporates the Minnesota Department of
Natural Resources (MNDNR) any applicable dimensional standards by reference into this Chapter.
ARTICLE C. OVERLAY ZONING DISTRICTS
12-2C-1 Public/Semi-Public Overlay District (PSP-O)
A. Purpose of Public Semi-Public (PSP) Overlay District. The PSP Overlay Zoning District designates areas in the
community that are developed and used for public and semi-public uses that are non-residential. Examples of
uses within the PSP Overlay Zoning District may include schools, golf courses, cemeteries, parks, municipal
buildings, religious campuses. Properties zoned Public Semi-Public Overlay are often adjacent to existing
neighborhoods and serve the residents of the community.
B. Termination of PSP Overlay Use. If a property that is zoned PSP-O is no longer used consistent with the
standards established herein, the Base Zoning District standards, regulations and provisions shall govern.
C. Permitted Uses. See Chapter 3: Allowed Uses and reference the applicable Base Zoning District and Public/Semi-
Public Uses. Within the Residential Zoning Districts defined as RE, R-1, R-2 and R-3 the Public/Semi-Public uses
are only permitted within a designated PSP-O district area.
D. Zoning District Dimensional Standards. Table [12-2C-1.1] identifies the Dimensional Standards for non-residential
Principal and Accessory Structures.
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Table 12-2C-1.1 PSP-O Dimensional Standards
Lot Dimensions
Lot Size (minimum) 1 acre
Lot Width (minimum) 100 feet
Principal Building Standards
Front Yard Setback (minimum) 75 feet
Side Yard Setback (minimum) 50 feet
Rear Yard Setback (minimum) 50 feet
Height (maximum) Base Zoning District, or up to 40 feet with CUP
Accessory Structure Standards
All Accessory Buildings
Front Yard Setback Principal Building Setback or Behind Principal Building, if present
Side and Rear Yard Setbacks
Less than 144 Square Feet 10 feet
144 to 2,000 Square Feet 20 feet
Over 2,000 Square Feet 50 feet
Setback from Principal Building 5 feet
Height May not exceed height of Principal Building; or 25 feet whichever is greater
Size and Number One (1) Storage Building not to exceed 144 square feet is Permitted; All
other requires CUP
Accessory Structures (not meeting definition of Building)
Setbacks Must meet all accessory structure setbacks
Size No limit; must meet impervious surface requirements for all combined
improvements.
Other Standards
Building Coverage (maximum) 50%
Impervious Surface Coverage (maximum) 60%, or up to 75% with approved Best Management Practices (BMPs)
12-2C-2 Planned Unit Development Overlay Districts (PUD)
A. Purpose of Planned Unit Development Overlay Zoning Districts (PUD). The purpose of the Planned Unit
Development is to encourage innovative and creative development of land that would not be permitted under the
strict application of a Base Zoning District. Such innovative or creative development may be:
1. Development that preserves the natural and scenic quality of open areas.
2. Development that encourages a diverse mix of housing types.
3. Usage of multiple Base Zoning Districts within one development area.
4. Other development solutions as approved by the City Council.
B. PUD as an Overlay Zoning District. All proposed PUD developments must be rezoned with a Base Zoning
District(s) and a designating PUD Overlay.
C. Permitted Uses. The permitted, conditional and accessory uses are generally as established within the Base
Zoning District. Flexibility, modifications or additional restrictions regarding uses shall be established by the City
Council during the PUD approval process.
D. Required Standards. A PUD Overlay District must demonstrate the following:
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1. That the development and design is an appropriate use for the property and is compatible with surrounding
development.
2. That the streets and utilities are adequate and do not adversely affect the economical and efficient delivery
of municipal services.
3. That the scale of the development is compatible with adjacent land uses and is consistent with the standards
established in Chapter 4 of this Zoning Ordinance.
E. Overlay District Dimensional Standards. A separate PUD Overlay District shall govern each development project
or development area. The PUD must identify a Base Zoning District from which the development is derived. The
PUD must clearly state the dimensional standards from which flexibility is requested. If approved, the approved
standards for the PUD shall be established within the PUD Agreement and shall be deemed the Dimensional
Standards for that PUD Overlay District. The process and administration for each PUD Overlay District is
established in Chapter 5 of this Zoning Ordinance.
12-2C-3 Floodplain Overlay District (FP-O)
A. Purpose of Floodplain Overlay (FP-O) District. The FP-O Zoning District identifies lands that are designated by the
Federal Emergency Management Agency (FEMA) as contained within the floodway or floodway that is further
defined in Title 15: Environmental Standards of the City’s Code of Ordinances.
B. FP-O as an Overlay Zoning District. The land contained within the FP-O may not follow parcel boundaries or lot
lines and the standards established are applicable to that portion of a property within the mapped overlay.
Determination of the land area contained within the FP-O is determined by the FIRM maps that are managed and
produced by FEMA. The process for amending or modifying the boundaries is established and regulated by FEMA
or its designated assigns.
C. Permitted Uses. The Permitted Uses are established for the Floodway and Floodplain District Areas as follows:
1. Floodway District Permitted Uses.
a. All buildings, structures, construction grading and deposits that are essential to the operation of the
community such as bridges, sewer outfalls, power and telephone line supports, and other services
structures.
b. Low damage or no damage potential uses such as agriculture, parking lots, parks, recreation areas and
docking facilities. Provided that no building, structure or improvements are erected, and no filling or
grading is undertaken unless they are designed and constructed to not obstruct flood flow. Plans for
such work must be approved in writing by the Public Works Director and must be filed with the City
Council.
2. Floodplain District Permitted Uses. All buildings, structures, construction grading and deposits that are
permitted under the Base Zoning District as established in Chapter 3. Allowed Uses, provided that:
a. No residence shall be constructed unless the ground upon which such residence is to be erected, and
20-feet beyond the limits of such residence, and the entire access drive to the public street shall prior to
or at the time of such construction, be raised to an elevation not less than one foot (1’) above the design
flood elevation as shown on the FIRM maps, and the first floor of such residence shall not be less than
three feet (3’) above the design flood elevation.
b. No basement floor shall be constructed to an elevation lower than the design flood elevation unless
such basement has been designed to withstand pressure from water at the design flood elevation and
certified by a registered professional engineer with such condition being made a part of the building
permit. No street grades shall be placed at a lower elevation than the design flood elevation.
c. Filling or excavating in the bed of a lake or stream below high-water mark or pumping water into or out
of water bodies may be permitted subject to the approval of the City Council and subject to a permit
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previously obtained from the commissioner of natural resources as required by Minnesota State
Statutes.
d. Construction of streets, residences and other buildings at elevations below design flood elevations may
be permitted if adequate flood protection is provided. Any flood protective works must be approved in
writing by the City Council prior to the granting of building permits.
e. Issuance of Building Permit. Before a building permit shall be issued for a building, structure,
construction, grading or deposit for a floodway or floodplain, the applicant must provide a completed
application for building permits, all plans, exhibits and certification required by this Chapter and the
written approval of other governmental agencies as required by this Chapter and Zoning Ordinance 15:
Environmental Standards.
D. Overlay District Dimensional Standards. The dimensional standards are as established within the Base Zoning
District and within Zoning Ordinance Title 15: Environmental Standards.
12-2C-4 Mississippi River Corridor Critical Area (MRCCA) Overlay District
A. Purpose of MRCCA Overlay District. The purpose of the MRCCA Overlay Zoning District is to establish standards
and requirements for land within proximity to the Mississippi River Corridor. The standards and areas contained
within the MRRCA Overlay District are established in Chapter [6] of this Zoning Ordinance.
B. Permitted Uses. The permitted, conditional and accessory uses are generally as established for the Base Zoning
District as identified in Chapter 3. Allowed Uses. Additional standards regarding land within the MRCCA Overlay
District boundary are established in Chapter 6. Mississippi River Corridor Critical Area.
C. Overlay District Dimensional Standards. The dimensional standards of the Base Zoning District and as contained
within Chapter [6] shall be applicable.
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CHAPTER 3: ALLOWED USES
ARTICLE A. GENERAL PROVISIONS
12-3A-1 Uses contained in this Chapter.
A. Purpose. This Chapter is intended to describe the land uses that are permitted; permitted provided certain
performance standards or requirements are met; permitted with a conditional or interim use permit; or that are
prohibited within the City.
B. Uses within the Base Zoning District. This Chapter is organized to establish the allowed and prohibited uses by
Base Zoning District. All properties and land within the City have been assigned a Base Zoning District that shall
regulate the uses contained within this Chapter.
C. Uses within an Overlay District. Properties fully or partially contained within an Overlay District may be subject to
additional standards, requirements, or prohibitions regarding use. Established uses are categorized by the Base
Zoning District, with additional restrictions, regulations or prohibitions provided in the applicable Overlay District
following the Table of Uses.
D. Required Permits and Process. If a use requires an Administrative, Conditional, Interim or Administrative Permit
the process shall be followed as described in Chapter [5] of this Zoning Ordinance.
12-3A-2 Uses not Identified in this Chapter.
A. Uses not identified in this Chapter. If a proposed use is not specifically identified, permitted or prohibited in any
Base Zoning District, the use shall be considered prohibited. In such case, the following steps may be taken to
consider a Text Amendment to this Chapter:
1. The City Council or Planning Commission, on their own initiative, may conduct a study to determine if the
use is acceptable, and if so, initiate a Text Amendment.
2. The Applicant, and the Fee Owner of the property if different, may make an application to the City to
consider an amendment to this Chapter.
3. When a valid request, as established by subsection 1 or 2, is made for a Text Amendment the City shall
initiate a study to determine if the use is appropriate, and if so, what Base Zoning District is most
appropriate. The study shall also include any conditions and standards relating to the use.
4. The Zoning Text Amendment Process shall follow the process as established in Section [12-5B-3] of this
Zoning Ordinance.
12-3A-3 General Standards Applicable for Uses
A. Other Agencies with Jurisdiction of Uses in the City. In addition to the standards and regulations established by
the City contained within this Chapter, any use of property must comply with the standards established by other
regulatory agencies and authorities that may have jurisdiction over the use. It is the Applicant or Property Owner’s
responsibility to comply with any required regulations, standards and permitting of other agencies. The following
list of other agencies are provided as reference, but such list may not be all inclusive.
1. Minnesota Department of Natural Resources (MnDNR), Minnesota Pollution Control Agency (MPCA),
Minnesota Department of Health, Minnesota Board of Water and Soil Resources, Minnesota Department of
Transportation (MnDOT), Minnesota Department of Agriculture, Dakota County, Federal Communications
Commission (FCC).
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ARTICLE B. PERMITTED AND PROHIBITED USES
12-3B-1 Table of Uses
A. Table of Uses. The following Table [12-3B-1.1] Table of Uses is organized by Use Type/Classification and Base
Zoning District. The Table of Uses classifies the identified use as either permitted, permitted through regulation,
requirement, permit or prohibited.
B. Establishing Principal Use. The Table of Uses generally identifies principal uses of property except the subsection
which explicitly identifies Accessory Uses. Each property must establish a Principal Use; however more than one
use of a property may exist. In all cases the proper permits must be obtained for any principal or accessory uses
of a property. It should be noted that if a mix of uses is present on a property the property may be subject to a
Planned Unit Development (PUD).
Table 12-3B-1.1 Table of Uses
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
RESIDENTIAL USES
Customized (assisted) living facilities CUP CUP CUP CUP CUP 12-3B-3B.1
Farming Operations P P P P 12-3B-3B.2
Manufactured home park CUP
Mixed Use Building including residential use CUP CUP CUP
Multi-family attached dwelling units (5-24
Units) CUP P CUP
Multi-family attached dwelling units (25+
Units) CUP CUP
Nursing homes, rest homes or retirement
homes CUP CUP CUP CUP
Single Family Detached Dwelling Unit P P P CUP CUP
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
Single Family Attached Dwelling Units (2-4
Units) P P P
State licensed residential program with a
licensed capacity from seven (7) through
sixteen (16) persons
CUP CUP CUP CUP CUP 12-3B-3B.3
COMMERCIAL/BUSINESS USES
Adult Uses CUP 12-3B-4B.1
Animal hospital (cat clinic, veterinary clinic, or
similar) CUP CUP 12-3B-4B.2
Armories, convention halls, community
centers, sports arenas and stadiums
(excluding school uses)
CUP CUP CUP
Art studio, interior decorating studio,
photographic studio, music studio, provided
no retail sales are made of products not
manufacturing on the site
CUP
CUP
Banks and banking institutions without drive-
in facilities P P P
Boats and marine sales when conducted
entirely within a building P
Bowling alleys, billiard and pool rooms,
skating rinks, liquor stores, fraternal
organizations and similar uses
CUP
CUP CUP
Brewery, Cidery or Micro-Distillery CUP CUP CUP CUP 12-3B-4B.3
Commercial recreation, when conducted
within a completely enclosed building CUP CUP
Commercial recreation, outdoor CUP CUP CUP CUP 12-3B-4B.4
Crematorium CUP
Daycare centers P P P
Drive through/Drive-in business CUP CUP CUP 12-3B-4B.5
Dry cleaning and laundry service CUP CUP CUP
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
Fitness and health club CUP P CUP CUP
Food Trucks AP AP AP AP AP AP AP AP
Food Hall CUP CUP CUP
Funeral homes and mortuaries CUP CUP
Garden supply store, provided it is conducted
entirely within an enclosed structure P P
Greenhouse, commercial, provided all outside
storage is fenced in such a manner so as to
screen the stored material from view when
observed from the public street
P P
Laundromat of the self-service type P P P
Massage therapy business, subject to the
licensing requirements of this code P P P
Massage therapy services to the general
public for purposes of a teaching program
accredited by the National Certification Board
for Therapeutic Massage and Bodywork and
the Accrediting Commission of Career
Schools and Colleges of Technology as an
accessory use to colleges, universities, and
permitted postsecondary institutions in which
no fee is charged for the services
CUP CUP
Medical and dental clinics or services P P P CUP
Motel and hotel CUP CUP 12-3B-4B.6
Motor fuel stations and motor fuel station
convenience stores CUP CUP CUP CUP 12-3B-4B.7
Offices (non-retail) P P P P
Optical and jewelry sales or manufacturing P P P P
Pet shop, provided the operation shall not
include the boarding of pets on the site, the
maintaining of pens or cages outside of the
building, and the business is operated so as
to not cause offensive odor or noise
P
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
Pipe and tobacco shop CUP CUP CUP
Publishing houses, printing shops P
Private clubs and lodges CUP CUP CUP
Radio and television repair P
Research centers and laboratories P
Residential programs for treatment of
chemically dependent adults CUP 12-3B-4B.8
Restaurant, café, tearoom, coffee shop, ice
cream shop, delicatessen, etc. no drive-in P P P CUP
Retail Sales and Services less than 15,000
square feet (e.g. clothing shop, book store,
pharmacy, grocery store, barbershop, salon,
etc.)
P P P 12-3B-4B.9
Retail Sales and Services greater than 15,000
square feet (e.g. clothing shop, book store,
pharmacy, grocery store, barbershop, salon,
etc.)
CUP CUP P 12-3B-4B.10
Sporting goods store, excluding the sale of
firearms of any variety or ammunition P P P
Theaters, excluding drive-ins CUP CUP CUP
Ticket offices and travel bureaus P P
INDUSTRIAL, TRANSPORTATION & UTILITY USES
Acid manufacturing
Not permitted as
principal or
accessory use
Airports, truck and freight terminals, team
tracks and open sales lots CUP
Alternative Energy Systems (Ground mounted
solar energy systems that are accessory to
the principal use of the land and are designed
to onsite uses)
CUP CUP CUP CUP CUP CUP CUP CUP 12-3B-5B.1
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
Alternative Energy Systems
(Roof mounted solar energy systems that are
accessory to the principal use of the land and
are designed to supply energy to on site
uses)
P P P P P P P P 12-3B-5B.1
Asphalt plants
Not permitted as
principal or
accessory use
Automobile and other vehicles of
transportation sales when conducted entirely
within a building
P CUP
Automobile repair, major or minor, when
conducted completely within an enclosed
building
CUP CUP CUP P
Bus terminals and maintenance garages CUP P
Creosote treatment or manufacture
Not permitted as
principal or
accessory use
Dog daycare, may include overnight boarding CUP
Dog training facility CUP 12-3B-5B.2
Electrical service, heating, plumbing,
appliances, upholstery or air conditioning
service shop, provided they do not employ
more than six (6) persons in repair or
processing
CUP CUP
Essential service structures CUP CUP CUP CUP CUP CUP CUP CUP 12-3B-5B.3
Junkyards
Not permitted as
principal or
accessory use
Landfills
Not permitted as
principal or
accessory use
Landscaping, and building design and
construction, requiring equipment P 12-3B-5B.4
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
Manufacturing of hazardous chemicals, as a
principal use
Not permitted as
principal or
accessory use
Manufacturing, conducted within a completely
enclosed building (Excluding the
manufacturing uses as expressly defined in
this Table of Uses)
P P
Manufacturing, conducted within a completely
enclosed building, of one or more of the
following: Batteries, laundries, metal polishing
and plating, paper products from previously
processed paper, rubber and synthetic rubber
products, sheet metal work, ornamental iron,
welding, stamping
C
Mining of any type Not permitted as
principal use
Off leash dog area IUP 12-3B-5E
Outdoor storage and display of materials and
equipment accessory to landscaping and
building design and construction
CUP 12-3B-5B.5
Permanent or temporary storage of
hazardous waste
Not permitted as
principal or
accessory use
Personal self-storage facility CUP 12-3B-5G
Petroleum refineries
Not permitted as
principal or
accessory use
Sales and servicing of heating equipment, air
conditioning equipment and electrical
appliances; provided, that there shall not be
more than six (6) persons employed upon
said premises in the repair or servicing of said
equipment or appliances
CUP CUP P
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
Sludge disposal
Not permitted as
principal or
accessory use
Stone and monument sales CUP CUP
Scientific research, investigation, testing and
experimentation, including laboratories CUP CUP P
Railroad spurs and siding P
Ready mix concrete and concrete products
plants CUP
Through train operation, but not switching,
storage or any other railroad operation CUP CUP CUP CUP CUP CUP CUP CUP
Use, storage, or manufacture of firearm
ammunition, explosives, or fireworks
Not permitted as
principal or
accessory use
Uses which are permitted under Section [12-
1I-8] of this Chapter which involve the storage
or uses of materials which decompose by
detonation
CUP CUP
Warehousing and distribution, abutting a
Residential Base Zoning District CUP CUP 12-3B-5B.6
Warehousing and distribution, not abutting a
Residential Base Zoning District CUP P
Wholesale office and showroom P P
Wireless Antennas, Towers, and Accessory
Structures CUP CUP CUP CUP CUP CUP CUP CUP 12-3B-5B.7
PUBLIC/SEMI-PUBLIC USES (Note that PSP Uses in RE, R-1, R-2, and R-3 are only permitted within the designated PSP-O
district as shown on the Official Zoning Map)
Business or trade school when conducted
entirely within a building CUP CUP
Cemeteries and/or cemetery structures;
provided, that no buildings shall be located
within fifty feet (50’) of any abutting property
line
CUP CUP CUP CUP CUP CUP CUP CUP
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
Colleges, universities, and post-secondary
schools, public and private includes
postsecondary skill based educational
institutions that offer programs that award
certificates, degrees, or certified training to full
and/or part time students
CUP CUP CUP
Cultural Centers, Places of Assembly CUP CUP 12-3B-6B.1
Elementary, Middle, and Secondary, public
and private CUP CUP CUP CUP CUP CUP CUP 12-3B-6B.3
Golf courses, country clubs, tennis clubs,
public swimming pools, archery range serving
more than one family
CUP CUP CUP CUP CUP CUP
Governmental buildings and structures CUP CUP CUP P CUP CUP CUP CUP 12-3B.6B.4
Historical buildings, museums, art institutes,
galleries and playhouses CUP CUP CUP
Hospitals for human care, sanatoriums, rest
homes and nursing homes CUP CUP CUP CUP CUP CUP CUP
Library CUP CUP P P
Municipal buildings and structures CUP CUP CUP CUP P P P P 12-3B-6B.4
Off leash dog area (not associated with multi-
family residential use) IUP IUP 12-3B-6B.52
Outdoor Recreational Facilities, including
Athletic Fields CUP CUP CUP CUP P P P P 12-3B-6B.6
Primary and Secondary SchoolsElementary,
Middle, and Secondary, public and private CUP CUP CUP CUP CUP CUP 12-3B-6B.3
Public parks and playgrounds P P P P P
Private nursery and/or daycare schools CUP CUP CUP CUP CUP 12-3B-6B.47
Religious institutions and places of worship CUP CUP CUP CUP CUP
12-3B-6B.58
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P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
ACCESSORY USES
Accessory Buildings or Structures (CUP
required as regulated by use or Zoning
District)
AP
(CUP)
AP
(CUP)
AP
(CUP)
AP
(CUP)
AP
(CUP) AP
(CUP)
AP
(CUP)
AP
(CUP) 12-4A-7B.1
Buildings temporarily located for purposes of
constructing on the premises for a period not
to exceed time necessary for such
constructing
AP AP AP AP AP AP AP
Commercial Outdoor Recreation facilities,
must be accessory to principal building with
compatible use
CUP CUP CUP CUP
Enclosed retail sales accessory to permitted
industrial use CUP 12-3B-7B.2
Gardening and other horticultural uses where
no sale of products is conducted on the
premises
P P P P P
Home occupation P P P P P 12-3B-7B.3
Incidental repair, processing or storage
necessary to conduct a permitted principal
use not to exceed more than 20 percent of
the gross floor area of the principal building
AP AP AP AP
Keeping of bees AP AP AP AP 12-3B-7B.4
Keeping of chickens for noncommercial
purposes AP AP AP AP AP 12-4A-7B.5
Keeping of Domestic animals P P P P P
Keeping of Livestock (typical farm animals) AP AP FOR DISCUSSION
Off-leash dog area or run (typically associated
with multi-family use) AP AP
Off street parking CUP CUP CUP CUP CUP CUP CUP CUP 12-4A-7B.6
Outdoor Storage CUP CUP
Private swimming pool, tennis courts, or
similar recreational facilities intended for use P P AP AP AP 12-3B-7B.7
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12-3B-2 Use Specific Regulations
A. Minimum Standards Established. The following Use Specific Regulations are established as minimum
requirements. Any use identified on [12-3B-1.1 Table of Uses] that requires an Interim Use Permit or Conditional
Use Permit may be subject to additional reasonable conditions as established during the applicable permitting
process.
B. Applicability. All uses must comply with the rules and regulations of the Base Zoning District, and any applicable
Overlay District. Any use must also meet the rules and regulations of any other applicable agencies with
jurisdiction of the subject use including local, State and Federal Agencies.
12-3B-3 Residential Use Specific Regulations
A. General Residential Standards. The City has determined that a variety of residential uses are permitted or
permitted with certain conditions provided certain standards and regulations are met, and that proper permitting
and processes are followed. The following standards are applicable to all uses identified in the RE, R-1, R-2 and
R-3 Base Zoning Districts:
1. A principal residential use shall be present on each property.
2. Separate licenses or permits, which may be regulated by other Titles or Chapters of the City Code may be
applicable and it is the responsibility of the Owner to obtain all necessary or required permits.
3. Accessory uses must be clearly incidental to the principal residential use.
B. Specific Residential Use Standards: The following specific use standards are established for Residential Uses as
identified on the Table of Uses [12-3B-1.1] and are organized alphabetically.
1. Customized (Assisted) Living Facilities . The following standards are established:
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
Land Use
BASE ZONING DISTRICTS RE Residential Estate R-1 Low Density Residential R-2 Medium Density Residential R-3 Multi-Family Residential MU Mixed Use B-1 General Business B-2 Neighborhood Business I Industrial Use Specific
Section
(See referenced section
for more information;
other requirements may
also apply.)
by the occupants of a multi-family building
and their guests of the property
Signs AP AP AP AP AP AP AP AP 12-4A-7B.8
Temporary storage of hazardous waste P P P P
Video/electronic display scoreboard for an
athletic field on the campus of a school AP AP AP AP AP 12-3B-7B.9
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a. The assisted living facility is state licensed.
b. A maximum of seven (7) persons (not including the facility manager and professional care attendants)
may reside on the premises.
c. A maximum of six (6) sleeping rooms (not including rooms utilized by the house manager and
professional care attendants) per facility.
d. Facility residents must be 65 years of age or older.
e. The Applicant must provide proof that room size meets current state licensing standards for two (2)
persons.
f. Facilities shall only be constructed or altered in a manner that is consistent with the single-family
character of the neighborhood.
g. The property must be compliant with the City’s property maintenance code, as well as other applicable
municipal codes, including, but not limited to, minimum parking requirements.
2. Farming Operations. All existing farms will be permitted to continue operation after the abolition of the Farm
Residence District within the City, subject to the following conditions:
a. Agriculture Permitted; Exceptions: Agriculture, excepting commercial animal farms, fur farms, kennels
and poultry farms, but including truck gardening and other horticultural uses, and horses for use of the
occupants of the premises, is a permitted use in the district in which an existing operation or private
stable is located; provided, that any new private stable or other new building in which farm animals are
kept shall be a distance of 100-feet or more from any other lot in an R District.
b. Sales Of Agricultural Products. Limited sales of products produced may be conducted on the premises
from a roadside stand, but such stand shall not exceed one story in height or 500 square feet in floor
area, and no portion of any such stand shall be located or erected nearer than 50-feet from any street
line.
3. State Licensed Residential Program. The following standards are established:
a. Must be a licensed program with capacity from seven (7) through 16 persons.
b. Must obtain a Conditional Use Permit.
c. The City Council may set reasonable conditions deemed necessary to assure proper maintenance and
operation of a residential program that protects the health and safety of the residents of the facility.
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12-3B-4 Business/Commercial Use Specific Regulations
A. General Standards. The City has determined that the following uses are permitted provided certain regulations
and standards are met, and that proper permitting and processes are followed. The following standards shall be
applicable to all uses identified in the Neighborhood Business and General Commercial Zoning Districts:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning
District:
a. Non-residential Principal Use: A minimum setback of 50-feet from all property lines abutting a
Residential Base Zoning District or established residential use.
b. Any Use or Structure associated with the keeping of animals: 100-feet setback from all property lines
abutting a Residential Base Zoning District or established residential use.
c. A Site Plan must be submitted for review and approval for any proposed changes or modifications to the
exterior of building, site, or for a change in use, as established in Section [12-5B-4].
B. Specific Business/Commercial Use Standards. The following specific use standards are established for
Business/Commercial Uses as identified on the Table of Uses [12-3B-1.1] and are organized alphabetically.
1. Adult Uses.
a. Intent and Purpose.
(1.) The City Council for the City of Mendota Heights deems it necessary to provide for the special and
express regulation of businesses or commercial enterprises which operate as adult uses and
similar sexually-oriented services operating under different names in order to protect the public
health, safety and welfare, and to guard against the inception and transmission of disease.
(2.) The City Council also finds the nature of Adult Uses is such that they are recognized as having
adverse secondary characteristics, particularly when they are accessible to minors and located
near residential property or related residential uses such as Schools, Daycare Centers, Libraries or
Parks. Furthermore, the concentration of Adult Uses has an adverse effect upon the use and
enjoyment of adjacent areas. The nature of Adult Uses requires that they not be allowed within
certain zoning districts, or within minimum distances from each other or residential uses. Special
regulation of Adult Uses is necessary to ensure that the adverse secondary effects will not
contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting
or downgrading of the surrounding property and the lessening of its value.
(3.) The City Council further finds that control and regulation of commercial establishments of these
types, in view of the abuses often perpetrated, require intensive efforts by the police department
and other departments of the City. As a consequence, the concentrated use of City services in
such control detracts from and reduces the level of service available to the rest of the community
and thereby diminishes the ability of the City to promote the general health, welfare, morals and
safety of the community. In consideration for the necessity on the part of the City to provide
numerous services to all segments of the community without a concentration of public services in
one area working to the detriment of the members of the general public, it is hereby decided that
the above described uses should be limited to the I-Industrial Zoning Districts as a Conditional Use
only.
b. Definitions. The Definitions applicable to Adult Uses are established within [Chapter 8] and are
categorized as Adult Uses.
c. Standards. Adult Uses shall be permitted by a Conditional Use Permit only, and in accordance with City
Code [Section 12-5B-5] of this Zoning Ordinance and subject to the following conditions:
(1.) Conditional Use. The provisions and standards of Section [12-5B-5] are fully considered and
satisfactorily met.
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(2.) Location. Adult Uses shall be located at least 600 radial feet, as measured in a straight line from
the closest point to the property line of the building upon which the Adult Use is located to the
property line of the following uses or areas:
(i.) Any Residential Base Zoning District(s) and any established residential use(s).
(ii.) Any building which is utilized for residential purposes.
(iii.) Licensed daycare centers, pre-school and/or nursery schools.
(iv.) An elementary, middle or secondary school.
(v.) A government building.
(vi.) A public park, pool or community center.
(vii.) A commercial recreational use.
(viii.) A church, chapel, temple, synagogue or faith-based place.
(ix.) Another Adult Use.
(3.) Single Uses Only. Each Adult Use activity, as defined by this Chapter, shall be classified as a
single use. No two Adult Uses shall be located in the same building or upon the same property,
except that adult bookstores, motion picture rental and sales and novelty sales may be permitted in
combination in the same building.
(4.) Any related retail sales services area for an allowed Adult Use shall meet the provisions and
standards of Section [12-3B-7] Accessory, enclosed retail sales.
(5.) Signs. In order to protect children from exposure to lurid signs and materials and in order to
preserve the value of property surrounding adult-oriented uses and business, the following sign
regulations shall apply to all Adult Uses in the City:
(i.) All signs shall be a simple nameplate or business sign as regulated by Section [12-4A-11].
(ii.) No sign shall be freestanding, located on the roof, or contain any flashing lights, moving
elements, electronically or mechanically changing messages, or manual reader boards.
(iii.) No sign shall contain any message or image that identifies specified sexual activities or
specified anatomical areas as defined herein.
(iv.) No merchandise, photos, or pictures of the products or entertainment on the premises shall be
displayed in window areas or any area where they can be viewed from the sidewalk or public
right-of-way adjoining the building or structure in which the sexually oriented business is
located.
(v.) No signs shall be placed in any window. A one-square-foot sign may be placed on the door to
state hours of operation and admittance to adults only.
d. Prohibited with Certain Entertainments. Adult use activities shall be prohibited at any public show,
movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general
public where minors are permitted.
e. Hours To Be Closed. No Adult Uses as defined in this article, shall be open for business between the
hours of 1:00 AM to 8:00 AM.
f. City Licenses. Nothing in this Article shall be construed to abrogate any Adult Use operation from
obtaining any and all necessary State and City licenses for such operation.
g. Adult-oriented businesses or adult-oriented uses shall be prohibited in any establishment where
alcoholic beverages are licensed or served.
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h. Obscene Activities Prohibited. Activities classified as obscene, as defined by Minnesota Statutes
Section [617.241] are not permitted and are strictly prohibited.
2. Animal Hospital (Cat Clinic, veterinary clinic, similar).
a. As used hereunder, the term “animal hospital or veterinary clinic” shall be deemed to mean a facility for
the diagnosis, treatment and medical care of small animals, in which all professional services are
conducted within an enclosed building, and which includes the kenneling of animals. The term “cat
clinic” shall be deemed to mean a facility for the diagnosis, treatment and medical care of domestic cats
only.
b. Any Conditional Use Permit for an animal hospital, cat clinic, veterinary clinic or similar shall be subject
to the following conditions:
(1.) Noise. No noise from the operation of the facility shall be discernible beyond the boundaries of the
lot on which the use is conducted.
(2.) Odors. Odor control shall consist of a ventilation system designed so that no odors or organisms
will spread between wards or to the outside air. An air conditioning system may be required, with
windows double glazed with fixed sash.
(3.) Dead Animal Storage and Disposal. An approved system shall be provided for the storage and
disposal of dead animals off the premises.
(4.) Large Dog Facilities. Large dog facilities for indoor exercise of such animals shall be provided. No
outside pens shall be permitted.
(5.) Screening and Landscaping. When abutting a Residential Base Zoning District, an approved
screening and landscaping plan shall be filed and developed along the property boundary lines that
abut the R District.
(6.) Hours of Operation. Hours during which the facility will be open to the public for the receiving and
pick up of animals shall be approved by the City Council to ensure compatibility with surrounding
land uses.
(7.) Off Street Parking. Off street parking facilities shall be provided, of at least the ratio required for
professional offices under [12-4A-9] of this Ordinance.
(8.) Live In Facility. An animal hospital may include a live-in facility to permit a staff member to be on
the premises 24-hours per day. Such facility shall be limited to six hundred twenty (620) square
feet of floor space.
3. Brewery, Cidery or Micro-Distillery. A brewery, cidery, or micro-distillery must comply with the following
standards and regulations:
a. A full operations plan must be submitted with the application to describe, at a minimum, the hours of
operations, number of employees, events/tours plans, etc.
b. Any proposed food service must be accessory to the proposed use as a brewery, cidery, or micro-
distillery unless a separate permit (if applicable) is obtained for restaurant services.
c. Sale of retail goods that support the business must be promotional branded/directly applicable to the
operations.
d. Any proposed brewery, cidery or micro-distillery must comply with the standards established within the
Minnesota State Statutes for operations including on and off sale standards, licensing, etc.
e. Production and/or operations that exceed the micro-distillery standard as established by the applicable
Minnesota State Statute are not permitted.
4. Commercial Recreation, Outdoor. The following conditions must be met:
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a. The outdoor commercial recreation use must be accessory to a permitted or conditionally permitted
principal use.
b. Outdoor recreation uses must be compatible and consistent with the principal use.
c. Adequate parking, that complies with Section [12-4A-9] must be provided on site. The total area used for
the outdoor commercial recreation use shall be used to determine the required number of stalls.
d. A site plan must be submitted to show the site layout, type and location of outdoor recreation uses
proposed, the parking configuration, any proposed exterior lighting locations, and proposed landscaping.
e. An operations plan must be submitted that includes the proposed hours of operation.
5. Drive-thru/Drive-In Business.
a. Site Requirements.
(1.) Access. The facility shall be located on a site having direct access to a minor arterial street,
collector or service road.
(2.) Lot Area. Minimum lot area shall be one-half acre.
(3.) Parking, Driveways and Drive through facilities.
(i.) Setbacks. All portions of the drive through facilities including, but not limited to, service
windows, ordering stations and stacking spaces, shall be set back at least 200-feet from any
property zoned or guided for residential uses; unless screened by an intervening building or
located across an arterial or major collector street.
(ii.) Parking and driveway areas shall be at least 15-feet from any exterior property line.
(iii.) There shall be required one parking space for each employee per shift in addition to at least
one parking space for each 15 square feet of gross floor area in the building as per
[Subsection 12-4A-Table 12-4A-7.37] of this Article, entry reading "drive-in and fast food
restaurant".
(iv.) Required Stacking Spaces.
(a.) Businesses with one drive through lane must provide stacking space for at least four
vehicles, and businesses with two or more drive through lanes must provide stacking
space for at least six vehicles total as measured from the pick-up station. Stacking
spaces must not interfere with parking spaces or traffic circulation.
(4.) Landscaping and Lighting. A landscaping and lighting plan shall be submitted for approval.
(5.) Screening and Fencing. If the drive through facilities abuts a Residential Base Zoning District, a
landscaping screen or fence must be constructed to screen all elements of the drive through
service area. If a fence is installed it must be six feet (6’) tall and must be constructed to a
minimum of 80-percent opacity. A fence is not required in the front yard.
(6.) Food, goods and services are permitted within a drive through business operation. No alcoholic
beverages may be sold or served within a drive through or drive-in business.
(7.) Signs.
(i.) Banners, pennants and other similar promotional devices shall not be permitted.
(8.) Exterior Materials of Structures. All structures shall be finished, and the materials must be
compatible and visually consistent to create a cohesive appearance.
6. Hotel/Motel.
a. Any hotel or motel may be a maximum of 60-feet in height.
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b. Hotel or motel operations must include 24-hour on-site management and/or staff.
c. A security and operations plan must be submitted for review and approval as part of the permit process.
Any change in management or operations shall be submitted to the City for review of compliance with
the Conditional Use Permit and any other applicable permit.
7. Motor Fuel Stations and Motor Fuel Station Convenience Stores.
a. Conditional Use Permit Required. All motor fuel stations and motor fuel station convenience stores shall
require the issuance of a Conditional Use Permit as per Table [12-3B-1.1] Table of Uses of this
Chapter.
b. Compliance With State Regulations; Flammable Liquids.
(1.) Any building used as a motor fuel station or convenience store shall be constructed and maintained
as required by the rules and regulations relating to the State Fire Marshal governing the handling,
storage and transportation of flammable liquids.
(2.) Every facility, whether underground or aboveground and whether indoors or outdoors, for the
handling, storage, and movement of flammable liquids shall be constructed and maintained in
accordance with the rules and regulations of the State Fire Marshal.
c. Yards and Setbacks.
(1.) Notwithstanding anything to the contrary in other Sections of this Chapter, the following minimum
requirements shall be observed for yards and setbacks of motor fuel stations and convenience
stores:
Table 12-3B-4.1 Motor Fuel Station Yard Setbacks
Dimension Minimum Standard
Minimum lot size 1 acre
Lot width 200 feet
Front yard 60 feet
Side Yard:
Interior 30 feet
Adjacent to a street 60 feet
Rear Yard 50 feet
Pump setback 40 feet
(2.) Each side abutting a public street shall be considered a front yard.
(3.) A setback of any overhead canopy structure, whether freestanding or projecting from the station,
must be setback a minimum of 20- feet from the street right-of-way line and from any adjacent
property line. If abutting a residential use, the setback must comply with Section [12-3B-4.A.1].
d. Height Limit. Total height of any overhead canopy or weather projection shall not exceed 20-feet.
e. Parking And Driveways.
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(1.) The surface parking and service areas, except for access driveways, must be setback a minimum
of 20-feet from any exterior property line.
(2.) Entire motor fuel station site other than that part devoted to landscaping and structures shall be
surfaced with asphalt or cement concrete surfacing to control dust and provide adequate drainage,
and such surfaces shall be designed to fit the requirements of a minimum seven (7) ton axle load.
(3.) All interior curbs shall be constructed within the property lines to separate driving, parking and
service areas from landscape and the public right-of-way areas. Such curbing shall be constructed
of concrete and shall be of a six inch (6") insurmountable design.
(4.) The minimum distance between driveways shall be 30-feet measured along the property line.
(5.) The minimum driveway angle shall be 45 degrees.
(6.) All surface parking spaces must be located in the side and/or rear of the principal structure and
may not be adjacent to the street.
(7.) A minimum of four (4) outside parking spaces plus three (3) additional outside parking spaces for
each enclosed service stall shall be provided. One additional outside space shall be provided for
each 150 square feet of floor space devoted to retail sales in a motor fuel station convenience
store. In the case of rental of trailers, trucks and other vehicles, one parking space shall be
provided for each rental unit.
(8.) Access and parking areas shall be designed to provide an adequate means of access to a public
alley or street. Said driveway access may not exceed 30-feet in width at the public street right-of-
way line and must be limited to cause the least interference with the traffic movement. All public
parking areas shall have access off driveways and not directly off a public street. All outside
parking spaces shall be clearly marked on the pavement.
f. Storage and Sale of Vehicles and Products.
(1.) All rental campers, trailers, or motor vehicles must be stored within the rear and/or side yard and
may not be stored or parked adjacent to a public street.
(2.) Service station premises shall not be used as a place of storage for wrecked, abandoned or junked
automobiles. No motor vehicle in need of repair shall be stored on the premises of a service station
for a continuous period of more than seven (7) days, except when so stored pursuant to a police
directive.
(3.) Open storage of inoperable motor vehicles is not permitted for a period of more than forty eight
(48) hours.
(4.) Service station premises may be used as a place of sale or resale, or as a place for display for sale
or resale, of new or used motor vehicles with a gross vehicle weight of 10,000 pounds or less,
subject to the following standards:
(i.) Only businesses that provide on-site automotive repairs will be licensed to conduct such
vehicle sales;
(ii.) No vehicles shall be marked or have any visible signs indicating "For Sale" or similar;
(iii.) Vehicles for sale under this provision will be limited to a maximum of two (2) vehicles on the
site;
(iv.) Vehicles for sale shall not be placed in any front yard setback (including a corner front yard) of
the subject property, and vehicles must be stored in an inconspicuous area of the property as
approved by the Zoning Administrator.
(5.) All goods for sale by the motor fuel station or convenience store shall be displayed within the
principal structure. Outside display or sales is not permitted.
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(6.) Tires for sale may not be stored or displayed outside the service station structure, except: a) in a
display rack during business hours; or b) in a permanent outside display container that is
completely enclosable, which must be located in conformance with the setback requirements of
this Chapter. Such display container must be closed when the station is not open for business.
g. Architecture and Landscaping.
(1.) A minimum of a 20-feet landscaped yard shall be planted and maintained within all property lines
except at driveway entrances.
(2.) Each motor fuel station shall be architecturally designed to be compatible with the general
architectural intent of the area in which it is located.
(3.) For the purposes of architectural appropriateness, every side of the motor fuel station is considered
a front face.
(4.) Wherever a motor fuel station abuts a Residential Base Zoning District, a fence or compact
evergreen hedge that is a minimum of 50 percent opaque and a minimum of six feet (6') high must
be erected and maintained along any property line that abuts the Residential Base Zone District. A
compact evergreen hedge or fence within 15-feet of any street right-of-way line is not required.
h. Lighting. All outdoor illumination shall be provided with lenses, reflectors or shades which shall
concentrate the light upon the premises to prevent any glare or rays of light being directly visible upon
adjacent street or roadway, or adjacent property. Site lighting must comply with Section [12-4D-3] of this
Ordinance.
i. Debris, Trash and Waste.
(1.) Used oil cans, discarded auto parts, discarded tires, trash, waste materials, and similar items of
debris shall not be stored on service station premises, unless such items of debris are located in an
enclosure and are completely out of public view. Such debris shall be removed from the premises
at least once a week.
(2.) No materials shall be burned on the premises of a service station, except in an approved
commercial incinerator complying with the ordinances of the City. Barrels and similar containers
shall not be used for incineration.
8. Residential Programs for Treatment of Chemically Dependent Adults. In reviewing a Conditional Use Permit
for such a facility, the City Council shall consider the following:
a. The program shall at all times hold and be entitled to a valid license from the Minnesota Department of
Human Services.
b. A maximum of ten (10) adults may reside at the facility.
c. All residents must be of the same gender.
d. 24-hour supervision must be provided for all residents.
e. No person whose residency is imposed by court order is allowed to reside at the facility.
f. A maximum of 30 days within one year commencing with the resident’s first day of admission is
permitted. No more than three (3) such admissions per resident are permitted during said year.
g. The facility must be designed to meet all requirements regarding utilities and on-site parking to support
the operations and estimated number of residents.
h. The City Council may apply any other reasonable conditions based on the proposed operation.
i. The admitted residents must have the primary diagnosis of chemical dependency.
j. Residential treatment facilities must occupy a building that are not used for any other purpose.
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9. Retail Sales and Services. Retail sales and services are any establishments where goods or services are
bought and sold, and where patrons and customers visit the location. Examples of retail sales and services
include, but are not limited to, clothing stores, jewelry shops, shoe stores, hair salons/barber shops, craft
stores, grocery stores, etc. The level of activity generally corresponds to the size of the store or shop and
clients and/or customers predominantly visit in person. All retail sales and service operations must comply
with the following standards.
a. General Standards.
(1.) All proposed retail operations must provide adequate parking for employees and customers.
Required parking must be accommodated on-site, and any shared parking agreements must be
reviewed and approved by the City. Required parking ratios are established in Table [12-4A-7.3] of
this Zoning Ordinance.
(2.) Parking areas may be set back ten feet (10’) from a front property line or side property line abutting
a street provided all Principal Building Setbacks are met.
(3.) Any required parking proposed to be met through a shared parking lot, must be granted and
agreed to into perpetuity and recorded by a covenant, deed restriction, or other agreement
acceptable to the City.
(4.) Open to the Public. To be considered a Retail Sales or Service business, a minimum of ten percent
(10%) of the floor area must be open to the public.
(5.) Landscaping. At least 25 percent of the land area shall be landscaped with grass, approved ground
cover, shrubbery and trees. All lots within the proposed retail sales and service complex
development may be calculated together to meet the 25 percent requirement.
(6.) Flexibility in Site Setbacks. Building setbacks may be reduced to 35-feet from a front property line
or side property line. Building setbacks may be reduced to 40-feet from a rear property line.
Setbacks to interior side property lines (not abutting a street) may be reduced to zero (0).
(7.) Samples of exterior finishes must be submitted with the Site Plan application for review and
approval by the City.
b. Retail and Service Uses less than 15,000 Square Feet.
(1.) Proposed buildings and reuse of existing buildings must be consistent with the surrounding
neighborhood character.
(i.) Building and site design should encourage a walkable, pedestrian friendly scale using signs,
awnings, planters and other streetscape elements.
(ii.) The front facing primary façade may not include a span longer than 25-feet without a plane
break. The break may include a change in materials, actual offset of the building plane, or
other architectural detail that visually breaks the façade.
(iii.) The main entrance or front door must be defined and clearly articulated. Porticos, columns,
awnings, signage, shopfronts, windows, and other types of architectural detail should be
incorporated consistent with the architecture of the building.
c. Retail and Service Uses greater than 15,000 Square Feet, including multi-tenant or mixed use buildings.
(1.) Site Requirements. The retail sales and service complex must be located adjacent to an interstate
highway and within 300-feet of an interchange entrance or exit ramp with such highway. The site
may be comprised of more than one lot but the lot area for each retail user may not exceed one
acre.
(2.) Mix of Uses. Any retail building must contain a minimum of two (2) tenants or uses.
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(3.) Signage. Approved signage shall be based on the overall size of the retail sales and service
complex but flexibility may be granted to allow more than one sign on a particular lot that is part of
the retail sales and service complex. Freestanding or pylon signs may be located at least ten feet
(10’) from a front property line or side yard abutting a public street and interior side property lines.
Pylon signage may be permitted provided that signage included in any retail sales and service
complex located along I-494 shall be no higher than 915-feet above mean sea level.
12-3B-5 Industrial, Transportation & Utility Use Specific Regulations
A. General Standards. The City has determined that the following uses are permitted provided certain regulations
and standards are met, and that proper permitting and processes are followed. The following standards shall be
applicable to all uses identified in the Industrial, Transportation and Utility Zoning Districts:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning
District.
a. Principal Non-residential Use. 50-feet setback from all property lines abutting a Residential Base Zoning
District or established residential use.
b. Any Use or Structure associated with the keeping of animals. 100-feet setback from all property lines
abutting a Residential Base Zoning District or established residential use.
c. A Site Plan must be submitted for review and approval for any proposed changes or modifications to the
exterior of building, site or a change in use, as established in Section [12-5B-4].
B. Specific Industrial, Transportation & Utility Use Standards. The following specific use standards are established for
Industrial, Transportation & Utility Uses as identified on the Table of Uses [12-3B-1.1] and are organized
alphabetically.
1. Alternative Energy Systems.
a. Solar Energy Systems. Solar energy systems are allowed with an appropriate permit in all Base Zoning
Districts subject to the following regulations:
(1.) Building Permit. No solar energy system shall be erected, altered, improved, reconstructed,
maintained, or moved without obtaining a building permit.
(2.) Exemptions. The following systems shall be exempt from the requirements of this Section and shall
be regulated as any other building element requiring a building permit:
(i.) Building integrated solar energy systems.
(ii.) Passive solar energy systems.
(3.) Roof Mounted System.
(i.) Height. The maximum height of the system shall not exceed the structure height requirements
in the applicable Base Zoning District.
(ii.) Setbacks. The system shall comply with all building setback requirements in the applicable
Base Zoning District and shall not extend beyond the exterior perimeter of the building on
which the system is mounted.
(iii.) Mounting. The system shall be flush mounted on pitched roofs or may be bracket mounted on
flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided
by a licensed professional qualified to certify that the underlying roof structure will support
loading requirements and all applicable building standards are satisfied.
(iv.) Maximum Area. The system shall not cover more than 80 percent of the roof section upon
which the panels are mounted.
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(4.) Ground Mounted Systems.
(i.) Height. The maximum height of the system shall not exceed 15-feet in height from the average
natural grade at the base of the system.
(ii.) Setbacks. The system shall be set back a minimum of 15-feet from all property boundary lines
and 30-feet from all dwellings located on adjacent lots, including any appurtenant equipment.
(iii.) Location. The systems shall be limited to rear yards in all Base Zoning Districts.
(iv.) Maximum Area.
(a.) Residential Districts. The system shall be limited in size to the maximum requirement
allowed for accessory structures.
(b.) Business and Industrial Districts. The system shall be limited in size to a maximum of 25
percent of the rear or side yard in which the system is located.
(v.) Reclamation. Upon abandonment or decommissioning and removal of the system, the
disturbed area shall be restored to an appearance that is compatible with the surrounding
area.
(5.) Screening. Solar energy systems shall be screened from view to the extent possible without
impacting their function. Systems located within the business and industrial zoning districts may be
required to comply with the standards in Section [12-4D-1.D.7] where practical.
(6.) Color. Solar energy systems shall use colors that are visually compatible with the color of the roof
material on which the system is mounted or other structures.
(7.) Glare. Reflection angles from collector surfaces must be oriented away from neighboring windows
and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the City may
require additional screening to mitigate glare.
(8.) Utility Connection.
(i.) All utilities must be installed underground.
(ii.) An exterior utility disconnect switch must be installed at the electric meter serving the property.
(iii.) Solar energy systems must be grounded to protect against natural lightning strikes in
conformance with the national electrical code.
(iv.) No solar energy system shall be interconnected with a local electrical utility company until the
company has provided the appropriate authorization to the City, in compliance with the
national electrical code.
(9.) Safety.
(i.) Standards. Solar energy systems shall meet the minimum standards outlined by the
International Electrotechnical Commission (IEC), the American Society Of Heating,
Refrigerating, And Air-Conditioning Engineers (ASHRAE), ASTM International, British
Standards Institution (BSI), International Organization For Standardization (ISO), Underwriters
Laboratories (UL), the Solar Rating And Certification Corporation (SRCC) or other standards
as determined by the City building official.
(ii.) Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc., and
the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or
other body as determined by the community development director. The City reserves the right
to deny a building permit for proposed solar energy systems deemed to have inadequate
certification.
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(10.) Easements. Solar energy systems shall not encroach upon any public drainage, utility, roadway, or
trail easements.
(11.) Abandonment. Any solar energy system which remains nonfunctional or inoperable for a
continuous period of 12 months shall be deemed to be abandoned and shall be deemed a public
nuisance. The owners shall remove the abandoned system, including the entire structure and
transmission equipment, at their expense after obtaining a demolition permit.
b. Variance. Any required standard in this Section that cannot be met may be considered by a Variance
Request, in accordance with [Section 12-5B-7] and considering the following criteria unique to solar
energy systems:
(1.) That the deviation is required to allow for the improved operation of the solar energy system;
(2.) That the solar energy system has a net energy gain;
(3.) That the solar energy system does not adversely affect solar access to adjacent properties;
(4.) That the solar energy system complies with all other engineering, building, safety, and fire
regulations; and
(5.) That the solar energy system is found to not have adverse impacts on the area, including the
health, safety, and general welfare of the public.
2. Dog Training Facility. A dog training facility is permitted as shown in [12-3B-1.1 Table of Uses], provided
that:
a. Screening and Landscaping. When abutting a Base Residential Zoning District, an approved screening
and landscaping plan shall be filed and developed along the property boundary lines.
b. Noise. No noise from the operation of the facility shall be discernible beyond the boundaries of the lot
on which the use is conducted.
c. Odors. Odor control must include a ventilation system designed so that no odors or organisms will
spread between tenant spaces, wards or to the outside air.
d. Hours of Operation. The City Council must approve the hours of operation to ensure compatibility with
surrounding land uses.
e. Restrooms. An enclosed building with restrooms to support the facility and operations is required.
f. Outdoor Areas. No permanent outdoor pens are allowed with the exception of a separate outdoor relief
area. Any outdoor areas to be used for the animal training facility, including any relief areas, shall be
completely enclosed with a fence that is at least four feet (4’) in height, or all dogs utilizing an outdoor
area shall be leashed at all times. No animals shall remain unattended in outdoor areas.
g. Waste Removal. Outdoor areas shall be maintained in a clean and sanitary condition at all times. Solid
waste material shall be removed daily and disposed of in dedicated waste containers and in a sanitary
manner.
h. Boarding. The overnight boarding of dogs is not to be permitted.
3. Essential Services.
a. Permitted Essential Services. Permitted essential services shall be a permitted use as authorized and
regulated by State law and ordinances of the City in all Base Zoning Districts, provided they do not fall
within Subsection [2] of this Section.
b. Essential Services Requiring Conditional Use Permit. The following essential services, and those
deemed similar by the City Council, shall require a Conditional Use Permit within any Base Zoning
District. Prior to granting a permit, it shall be found that the architectural design of service structure or
building is compatible to the neighborhood in which it is to be located:
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(1.) Those listed as a Conditional Use within the Base Zoning District in which they are to be located.
(2.) Those in which 75 percent of the services provided or produced are not provided for, used,
consumed or required within the City.
(3.) Those higher than the maximum height as set forth in the Base Zoning District in which it is to be
located when increased by 50 percent.
(4.) Those in which the architectural design and/or use would not normally be compatible to the
neighborhood and/or Base Zoning District in which it is to be located.
4. Outdoor Storage and Display of Materials and Equipment Accessory to Landscaping and Building Design
and Construction. Outdoor storage and display of materials and equipment accessory to landscaping and
building design and construction is permitted as shown on [12-3B-1.1 Table of Uses], provided that:
a. The site must be occupied by a principal building containing a minimum of 15,000 square feet.
b. All storage and display is located in the rear or side yard of the property and behind the front building
line of the principal building, and may not be located in a yard that abuts any local public street.
c. No storage and display shall be located on any parcel that is within one thousand 1,500’ from any
Residential Base Zoning District, measured from the closest point of the lot lines.
d. The storage and display area shall not be open to retail sales, and shall be utilized only for stock and
supply for clients of the landscaping or building design and construction business.
e. All storage and display must be located on paved surfaces that are properly maintained to prevent
deterioration.
f. The storage and display area may occupy a maximum of 60 percent of the total lot area.
g. The storage and display area must be setback a minimum of ten feet (10’) from all lot lines.
h. The storage and display area must be fully screened from surrounding property by fencing, walls,
and/or landscaping.
i. All storage and display must be covered by three (3) sided, roofed structures, with the exception of
landscape plant materials and trucks or equipment as shown on a specific and detailed Site Plan.
j. Trucks and equipment kept within the storage and display area shall be located within designated
striped parking spaces and shall not be used for storage.
k. Fencing utilized for screening purposes must be constructed of wood or other materials as approved by
the City Council.
l. Circulation and water service on the property shall meet the requirements of the City’s Fire Chief for
access and fire protection.
m. Covered structures used to protect stored materials or equipment must comply with the following
requirements:
(1.) Structures greater than eight feet (8’) in height must be designed and constructed of materials
consistent with the requirements of [Section 12-4D-1].
(2.) Structures of eight feet (8’) in height or less may be constructed of alternative materials as
approved by the City Council, provided such structures are not visible from surrounding property or
public streets.
(3.) All structures shall comply with applicable Building and Fire Codes.
5. Personal Self Storage Facility. Personal self-storage facilities are permitted as shown on [12-3B-1.1 Table of
Uses], provided that:
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a. All storage shall be inside the building. Exterior storage of personal vehicles, recreational vehicles,
trailers, and equipment is strictly prohibited.
b. The storage facility shall have a security system adequate to limit access to persons renting at the
facility.
c. Facility may not be located closer than one-quarter (1/4) mile from any residential use and/or Base
Residential Zoning District.
d. All drive aisles and parking surfaces must be constructed with curb and gutter, with asphalt or concrete.
e. A maximum of three (3) overhead doors or bays to be used for entering/exiting the facility.
f. Access to any fenced-in exterior area shall be available to emergency responders in a manner
acceptable to the Fire Marshal.
g. Common parking space available to all visitors must be provided at a minimum ratio of one space per
6,000 square feet of storage area.
6. Warehousing and Distribution, Abutting a Residential Use. Warehousing and distribution, abutting a Base
Residential Zoning District or established residential use is permitted as shown on [12-3B-1.1 Table of
Uses], provided that:
a. A fence along the property boundary line abutting the residential use is constructed, in compliance with
[Section 12-4A-10.D].
b. Loading areas shall not be serviced by loading docks, unless completely screened from the ground
level view from abutting properties and streets, except at access points, in compliance with Subsection
[12-4A-9.G] of this Chapter.
c. Truck traffic shall not impede vehicle circulation, as determined by the Public Works Director.
d. Operations shall not include retail sales, unless compliant with this Section concerning accessory,
enclosed retail sales.
e. Any exterior improvements to the building and/or property are compliant with [Section 12-4D-1].
f. The proposed use shall be compliant with all applicable performance standards in [Section 12-3B-5] of
this Chapter.
g. Hours of operation for delivery/distribution are limited to seven o’clock (7:00) A.M. to eight o’clock (8:00)
P.M.
h. Additional conditions that mitigate potential negative impacts may be included, as determined by the
City Council.
7. Wireless Antennas, Towers, and Accessory Structures. Wireless telecommunication towers, antennas, and
accessory structures, including, but not limited to, cellular, Personal Communications Service (PCS)
technology, and wireless internet, are a Conditional Use in all Base Zoning Districts, subject to the
requirements and exceptions of this Section.
a. Purpose. To protect the public health, safety and general welfare of the community while
accommodating the communication needs of residents and businesses, the City Council finds that this
Section is necessary to:
(1.) Avoid potential damage to adjacent properties and personal injury from tower collapse through
structural standards and setback requirements.
(2.) Protect the aesthetic qualities of the community by requiring tower and antenna equipment to be
designed in a manner to blend in with the surroundings and complement existing structures.
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(3.) Maximize the use of existing and approved freestanding antenna towers, buildings, and existing
light poles for new wireless telecommunication antennas.
(4.) Minimize the number of freestanding antenna towers needed to serve the community by requiring
co-location.
(5.) Facilitate the provision of wireless telecommunication services to the residents and businesses of
the City.
(6.) Ensure that a competitive and broad range of telecommunications services and high-quality
telecommunications infrastructure are provided to serve the community, as well as serve an
important and effective part of the city’s emergency response network.
(7.) Place telecommunication facilities in suitable locations, with residential locations being a last resort.
b. Definitions. The defined terms identified in this subsection are provided in Chapter [8] of this Zoning
Ordinance.
c. Building Mounted Antennas.
(1.) Permitted Buildings. Antennas may be mounted on institutional buildings (churches, schools,
businesses, etc.) or multiple-family dwellings two (2) stories or higher. Wireless
telecommunications antennas are not permitted on attached or detached single-family homes or
attached single-family (townhome) homes.
(2.) Flush Mounting; Color.
(i.) Building mounted antennas must be flush mounted to the sides of the building and painted the
color of the building exterior unless the applicant can demonstrate to the City Council that
protrusion above the roofline is necessary for communication effectiveness.
(ii.) In no case shall building mounted antennas or any attachment thereto be allowed to protrude
more than 15-feet above the roofline of the building.
(3.) Agreement to Mount on City Property. If both the applicant and the City consent to mounting the
antennas on the City's water tower or other municipal building, a developer's agreement may be
necessary at the discretion of the City in addition to a Conditional Use Permit.
d. Freestanding Antennas and Towers.
(1.) Location limitations. The location of any antenna support structure on a particular parcel of land
shall be located to have the least impact possible on adjoining properties, and so that any negative
impacts of the antenna support structure shall be confined as much as possible to the property on
which the antenna support structure is located.
(2.) Height. The maximum height of a freestanding antenna tower is 150-feet, as measured from the
ground to the highest point of any portion of the tower, antenna, or any other component attached
thereto, or the distance between the base of the antenna tower and the nearest setback line,
whichever is least.
(3.) Setbacks. All freestanding antenna towers and accessory structures must adhere to all appropriate
setbacks for the Base Zoning District of the property on which the structure is located.
(i.) Antenna support structures between 75-feet and 150-feet tall shall not be constructed within
200 feet of any residential principal structure.
(i.)(ii.) Notwithstanding (i), if an antenna support structure is located on the same parcel of
land as a residential structure, the setback to that residential structure may be equal to the
height of the antenna support structure plus 15 feet.
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e. Preferences for antenna and support structure locations. When selecting sites for the construction of
new antenna support structures and/or for the placement of new antennas, the following preferences
shall be followed:
(1.) Preferred Land Use Areas.
(i.) Property in the B-1, B-2 or Industrial Zoning District.
(ii.) Athletic complexes, municipal property or Public/Semi-Public uses.
(iii.) Parking lots, if the monopole replicates, incorporates or substantially blends in with the overall
lighting standards of the lot.
(iv.) Within the easement of a high-power overhead transmission line, or within 50 feet of the
transmission line easement on the same side of the road.
(2.) Alternate land use areas.
(i.) Public parks or open spaces.
(ii.) Golf courses.
(iii.) Residential area.
(3.) Preferred Support Structures.
(i.) Water towers
(ii.) Co-location on existing antenna support structures.
(iii.) Church steeples.
(iv.) Sides of buildings over two stories high.
(v.) Existing power, lighting or phone poles.
(4.) Prohibitions.
(i.) No new support structures shall be approved at any location other than a Preferred Land Use
Area, unless the applicant shows to the reasonable satisfaction of the city that such locations
are not feasible from an engineering standpoint.
(ii.) No new support structures shall be approved for construction, unless the applicant shows to
the reasonable satisfaction of the city that a preferred support structure is not feasibly
available for use from an engineering standpoint.
e.f. Aesthetics.
(1.) Design. All freestanding antenna towers shall be of a monopole type design. The use of guyed
towers is prohibited.
(2.) Color.
(i.) Those portions of all freestanding antenna towers and all antennas which protrude into the air
shall be painted eggshell.
(ii.) Those portions of all antennas that are flush mounted to the sides of buildings shall be painted
to match the exterior of the building.
(3.) Screening. All accessory buildings to all freestanding towers shall be screened from public view by
a landscape plan according to the landscape standards of the applicable Base Zoning District and
as described in [Section 12-4A-5] of this article subject to City Council review.
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(4.) Advertising. Advertising of any kind is not permitted on any freestanding antenna tower, antenna,
or accessory structure.
(5.) Lighting. Artificial lighting of any kind is not permitted on any freestanding antenna tower, antenna,
or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or
state regulatory body. If such a requirement exists, only the minimum amount of lighting required is
allowed.
(6.) Prohibitions. Structures, functions, uses or activities that are not found by the City to be specifically
necessary for the proper functioning of the antennas are prohibited on any antenna or tower
without express permission from the City and the City grants a waiver to this requirement.
f.g. Safety.
(1.) Report of Compliance. For a freestanding antenna tower, the applicant must provide a report from
a licensed qualified professional structural engineer certifying that the tower will meet or exceed
current EIA/TIA-222-E standards including, but not limited to, standards for withstanding
meteorological conditions such as high winds and radial ice.
(2.) Compliance with Building and Electrical Codes. All antennas, freestanding antenna towers, and
accessory structures shall conform to all building and electrical codes.
(3.) Fencing. The applicant may be required by the City Council to erect a security fence around any
freestanding antenna.
g.h. Accessory Structures for Antennas.
(1.) Location and General Requirements. Accessory buildings to antennas or freestanding antenna
towers must comply with all applicable setbacks from all property lines and must otherwise conform
to all requirements for accessory buildings within the description of the Base Zoning District on
which the structure is located.
h.i. Architecture.
(1.) Accessory structures and equipment buildings shall be designed to be architecturally compatible
with any principal structures on the site or, in the absence of such structures, with their immediate
surroundings in an aesthetically pleasing manner.
(2.) Accessory structures must be finished on all sides.
(3.) The Planning Commission must review, and the City Council shall approve, the design of any
accessory structures and equipment buildings.
C. Submission Requirements.
a. Initial Application Requirements. In addition to the information required for a Conditional Use Permit or
Administrative Permit, the following additional information must be supplied by the Applicant and a
qualified, licensed registered professional engineer:
(1.) Description of the tower height and design, including a cross-section, elevation and site elevation.
(2.) Documentation of the height above grade for all potential mounting positions for co-located
antennas and the minimum separation distances between antennas.
(3.) Description of the tower’s capacity, including the number and type of antennas that it can
accommodate.
(4.) Coverage Capacity Analysis. Coverage map and or analysis that demonstrates that no other
support structures, or if applicable Preferred Land Use Areas, are available to meet coverage
demand. The applicant shall demonstrate, by providing a coverage/interference analysis and
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capacity analysis, that the location and height of any freestanding antenna tower or antenna as
proposed is necessary to meet the communication, frequency reuse and spacing needs of the
communication services system, and to provide adequate coverage and capacity to areas that
cannot be adequately served by locating the towers in a less restrictive district or on an existing
structure, freestanding antenna tower or antenna including such in neighboring municipalities.
(5.) Area Map. All applications for either a freestanding antenna, a freestanding antenna tower, or a
building mounted antenna shall be accompanied by a map of all existing towers and antennas of
the same provider within a two (2) mile radius of the proposed site and all future planned antennas
of the same provider for the next five (5) years within a two (2) mile radius of the proposed site.
(6.) Inclusion of the engineer’s stamp and registration number.
(7.) The city, at its reasonable discretion, may require visual impact demonstrations including mock-ups
and/or phot simulations that provide an accurate visual depiction of the tower.
(8.) A written description of the type of technology each company/carrier will provide to its customers.
(9.) A listing of all existing, existing to be upgraded or replaced, and proposed communication sites
within the city and within five miles of the city for these services.
(10.) An electronic, to-scale copy of a map of the city showing the five-year plan for communication
sites, or if individual properties are not knonknown, the geographic service areas of the
communication sites. Any existing tower locations must be clearly identified.
C.D. Additional Requirements.
a. Abandoned Structures.
(1.) Removal Required. Unused or obsolete freestanding antenna towers, antennas, structures or
apparatus must be removed within six (6) months of when the operation ceases.
(2.) Bond. A successful applicant shall provide an abandonment bond to the City equal to one and a
half (1 1/2) times the current cost of removal and disposal of all antennas and accompanying
apparatus as estimated by a consultant selected by the City and paid for by the applicant, which
bond shall be used by the City to remove the antennas and apparatus should they become unused
or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to
remove said antennas and apparatus.
b. No new antenna support structures shall be constructed if it is feasible to locate the proposed new
antenna on existing support structures. Feasibility shall be determined according to generally accepted
engineering principles. If a new antenna support structure is to be constructed, it shall be designed
structurally to accommodate both the applicant’s antennas and comparable antennas for at least two
additional users if the antenna support structure is 75-feet or more. Any antenna support structure must
also be designed to allow for future rearrangement of antennas upon the tower and to accept antennas
mounted at different heights. Other users shall include, but not be limited to, other cellular
communication companies, personal communication systems companies, local police, fire and
ambulance companies.
b.c. Other Required Licenses. The applicant must submit proof of any applicable federal, state, or local
licenses to the City prior to receiving a building permit.
(1.) Interference with Public Safety Systems Prohibited. The applicant must agree in writing to support,
participate in and refrain from interfering with public warning systems and public safety
communications and other radio frequencies as may be regulated by the Federal Communications
Commission (FCC).
c.d. Compliance with FCC Regulations; Noninterference Required. All new or existing telecommunications
service and equipment shall meet or exceed all Federal Communications Commission (FCC) standards
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and regulations and shall not interfere with any other communications, computers, laboratory equipment
or manufacturing equipment, including television and other home electronics. The applicant shall
provide to the City a report from a qualified professional engineer guaranteeing noninterference and a
copy of the FCC approval of the antenna in regard to noninterference.
(1.) Environmental Impact Statement (EIS). In the event that the FCC or other agency or other
governmental body having jurisdiction requires the applicant to submit an Environmental Impact
Statement or similar document, a copy of this document shall be submitted to the City.
(2.) Nonconformances. Existing nonconforming freestanding antenna towers, antennas, or accessory
structures shall be allowed to continue operation unless use of the freestanding antenna tower,
antenna, or accessory structure for its intended purpose ceases for a continuous period of six (6)
months, in which case, resumption of use shall require a reapplication for a Conditional Use
Permit.
(3.) Costs to Applicant. All costs of an application, including, but not limited to, those incurred by City
staff time and resources, engineering studies by consultants, and other data as may be required by
the City staff, the planning commission or the City council shall be borne in full by the applicant.
(4.) Variances. The City Council may at its discretion waive any or all of the requirements of this
Section in order to approve a unique "stealth" or "camouflage" design of freestanding antennas or
poles or building mounted antennas if, in the opinion of the City Council, said apparatus will be
sufficiently disguised as trees, light poles, church steeples, or other similar objects.
(5.) Prohibitions. Use of mobile cell/PCS sites or COWs (cell sites on wheels), or any other temporary
antenna apparatus is strictly prohibited except in the case of emergency equipment used for public
safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other
emergency.
(6.) Administrative Procedures and Exemptions. The Zoning Administrator will review Conditional Use
Permit requests for improvements to existing wireless antenna facilities and follow the process as
established in Chapter [5] of this Zoning Ordinance. The City may impose such conditions and
require such guarantees deemed reasonable and necessary to protect the public interest and
ensure compliance with the standards and purposes of this code.
(i.) Exceptions for Administrative Permit. An Administrative Permit may replace the need for
Conditional Use Permit when all of the following conditions exist:
(a.) Requirements in of this Section [D] are met and submitted for review.
(b.) Request seeks to adjust, maintain, repair, or replace existing antennas and accessory
structures or the elements of an antenna array, including remote radio units (RRU),
affixed to a tower or antenna.
(c.) No increase in the total number of the existing antennas.
(d.) No increase in the total height of the existing antenna structure. Height of individual
building mounted antennas may be increased in compliance with [Section 12-3B-
5B.8.C.2(ii)] of this Section.
(e.) No external modification or expansion of the existing accessory structure.
(f.) Existing wireless antenna facility, including the wireless antenna structure and accessory
structure, is compliant with all conditions contained in the original Conditional Use Permit.
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12-3B-6 Public, Semi-Public Use Specific Regulations
A. General Standards. The City has determined that the following uses are permitted on land within the Public Semi-
Public Overlay District provided certain regulations and standards are met, and that proper permitting and
processes are followed. The following standards shall be applicable to all uses identified in the Public Semi-Public
Overlay Zoning District:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning
District.
a. Non-residential principal use. 50-feet setback from all property lines abutting a Residential Base Zoning
District or established residential use.
b. A Site Plan must be submitted for review and approval as established in [Section 12-5B-4].
B. Specific Public, Semi-Public Use Standards. The following specific use standards are established for Public, Semi-
Public Uses as identified on the Table of Uses [12-3B-1.1], and are organized alphabetically.
1. Cultural Centers, Places of Assembly, or similar.
a. Lot Size. Minimum of 1.0 Acres
b. Any use that includes a dedicated space for assembly or gathering of people that comprises 50 percent
of the total floor area or more shall be subject to these requirements.
c. A Cultural Center, Place of Assembly, or similar may be located on a site with another compatible use
such as a Place of Worship. In the case where more than one use is present the most restrictive
permitting process, and regulations, shall be followed.
d. The required parking shall be determined based on the total occupancy of the building and must be
provided on site.
e. All events and/or gatherings must be held indoors, unless outdoor gatherings are expressly allowed by
Conditional Use Permit.
2. Elementary, Middle, and Secondary Schools (public and private).
a. Any Accessory Structures or Accessory Buildings that support the principal school use must be setback
a minimum of 100-feet from any property line that abuts a Residential Base Zoning District or
established residential use.
b. Any outdoor field or recreational facility that is intended to be lit with overhead light fixtures must be
setback a minimum of 100-feet from any property line that abuts a Residential Base Zoning District or
established residential use. The light fixtures associated with the field or recreational facilities must
comply with the City’s footcandle standards established in Section [].
c. Any outdoor field or recreational facility not intended to be lit with fixtures must comply with the principal
building setbacks established in the Base Zoning District.
3. Government Buildings and Structures.
a. A Government Building or Structure means a principal building or structure owned or operated by a
regulatory agency other than the City of Mendota Heights.
b. The use of a government building or structure must be for the purpose of benefiting the public including,
but not limited to, a service center, DMV, maintenance building, administrative building, or similar.
c. Governmental Buildings or Structures containing a residential use are not permitted unless specifically
permitted within the Base Zoning District of the subject property. Any residential use must comply with
the Base Zoning District Standards and the adopted Comprehensive Plan.
4. Municipal Buildings and Structures.
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a. A Municipal Building or Structure means a principal building or structure owned or operated by the City
of Mendota Heights.
b. The use of the Municipal Building or Structure must be for the purpose of benefiting the public including,
but not limited to, a city hall, service center, public works facility or use, administrative building, or
similar.
c. Any Municipal Buildings or Structures containing a residential use must comply with the Base Zoning
District Standards and the adopted Comprehensive Plan.
3.5. Off Leash Dog Area. An off-leash dog area is permitted as shown in [12-3B-1.1 Table of Uses], provided
that:
a. The minimum parcel size shall be five (5) acres, which may include a combination of adjoining lots
under control by the City.
b. No structures shall be located on the lot(s).
c. Proper fencing shall be installed around the entire off leash area with height and materials approved by
the City Council.
d. Hours of operation shall be limited to between seven o’clock (7:00) A.M. and nine o’clock (9:00) P.M.
e. Fixed lighting structures are prohibited.
f. All dogs must be appropriately licensed.
g. All dogs must be kept on leash at all times except within the designated off leash area.
h. No dog(s) shall be left unattended within the off leash area.
i. Dog waste receptables shall be provided and all dog waste must be properly disposed of on site by the
user or removed immediately.
6. Outdoor Recreational Facilities, including Athletic Fields.
a. Any outdoor field or recreational facility that is intended to be lit with overhead light fixtures must be
setback a minimum of 100-feet from any property line that abuts a Residential Base Zoning District or
established residential use. The light fixtures associated with the field or recreational facilities must
comply with the City’s footcandle standards established in Section [12-4D-3].
b. Any outdoor field or recreational facility not intended to be lit with fixtures must comply with the principal
building setbacks established in the Base Zoning District.
4.7. Private Nursery and/or Daycare Schools.
a. The minimum lot size shall be at least one (1) acre.
b. The nursery and/or daycare school is registered with the State and meets the standards for all schools
specified by the State.
5.8. Religious Institutions and Places of Worship.
a. Any religious institutions and places of religious worship, including those related structures located on
the same site which are an integral part of the principal use, convent or homes for persons related to a
religious function on the same site are permitted to have a maximum of ten (10) persons residing on the
site.
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12-3B-7 Accessory Use Specific Regulations
A. General Standards. All uses explicitly defined as an Accessory Use must be accessory to a Principal Use on the
same property or lot. The Accessory Uses are only permitted provided that the Principal Use is identified as
permitted or conditionally permitted on the Table of Uses.
B. Specific Accessory Use Standards. The following specific use standards are established for Accessory Uses as
identified on the Table of Uses [12-3B-1.1] and are organized alphabetically.
1. Accessory Buildings and Structures to Business, Commercial, Industrial and Public/Semi-Public Uses. All
Accessory Buildings and Structures that exceed the standards established in Chapter 2 must comply with
the following:
a. A Conditional Use Permit must be obtained.
b. The Accessory Structure or Building must comply with the required setbacks as stated within this
Chapter for non-residential uses.
c. The Accessory Structure or Building must be designed to be compatible with the Principal Building
and/or Principal Use of the site.
d. The Accessory Structure or Building may not exceed 25-feet in height but may exceed the height of a
Principal Building if permitted by the Conditional Use Permit.
2. Accessory, Enclosed Retail Sales. Enclosed retail sales as an accessory use are permitted as shown in [12-
3B-1.1 Table of Uses], provided that:
a. Accessory Use. The retail sales portion of the business shall be an accessory use to the existing
permitted or conditionally permitted use in the I district.
b. Site Requirements. The retail sales portion of the business shall be conducted within the same building
as the principal use.
c. Building requirements. The retail sales portion of the business shall not constitute more than five
percent (5%) of the gross floor area of the principal use.
d. Building Design. The building design shall be in compliance with the standards established for Industrial
buildings in [Section 12-4D-1D].
e. Parking. adequate off street parking and off street loading shall be provided and shall be in compliance
with the provisions of Section [12-4A-9].
f. Signage. All signage shall be in compliance with the provisions of Section [12-4A-11] of this Chapter.
Separate wall signage may be considered at the retail entrance, but not separate freestanding signage
shall be considered.
g. Landscaping. All landscaping shall be in compliance with Section [12-4A-5].
h. Screening. All screening shall be in compliance with Section [12-4D-2].
i. Hours of Operation. The hours of operation of the retail sales portion of the business shall be limited
from eight o’clock (8:00) A.M. to seven o’clock (7:00) P.M. on weekdays and eight o’clock (8:00) A.M. to
five o’clock (5:00) P.M. on Saturdays and Sundays.
3. Home Occupation.
a. A home occupation means any gainful occupation or profession engaged in by an occupant only of a
dwelling unit which is a use that is clearly incidental to the use of the dwelling unit for residential
purposes when conducted on the premises. The following criteria must be met, or the proposed use
must be established as a conditional use in the zoning district in which the property is located, and the
proper permit obtained:
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(1.) No persons other than the residents of the dwelling unit that reside on the property may be
engaged in the Home Occupation; and
(2.) No more than 30 percent of the floor area of the principal dwelling unit may be used for the conduct
of the Home Occupation; and
(3.) The Home Occupation may not visible from the street and no changes to the principal building that
distinguish the property as a business are permitted;
(4.) No traffic shall be generated by the Home Occupation in greater volume than would normally be
expected to a residence in a residential neighborhood.
(5.) The Home Occupation may not include the retail sales of products produced off the site and sold
from principal or accessory building.
(6.) Any visitor or client parking must be accommodated on site and on an improved residential
driveway.
(7.) No equipment, activity, or process shall be used in a Home Occupation that creates noise,
vibration, glare, fumes, or odors detectable to the normal senses off the lot.
(8.) No accessory building shall be used for such Home Occupation.
(9.) No outside storage is permitted as a part of any Home Occupation.
4. Keeping of Bees as an Accessory Use.
a. Minimum lot size. 50 Acres
b. A maximum of ten (hives) may be maintained, and all buildings, hives, apiaries, or other areas for
colonies of bees shall not be located no closer than 100-feet from any property line.
5. Private Swimming Pools, tennis courts, or similar recreation facilities serving Multi-Family Buildings.
a. Swimming Pool. Private swimming pools intended for and used solely by the occupants of the property
on which they are located and their guests are permitted as shown in [12-3B-1.1 Table of Uses],
provided:
(1.) The water surface is located a minimum of 50 feet from any lot line.
(2.) That the pump and filter is installed a minimum of 40 feet from any lot line.
(3.) That the pool area is fenced to prevent uncontrolled access from the street or adjacent property.
b. Tennis Courts, or similar outdoor recreational facilities must comply with the following standards:
(1.) Minimum of 50-foot setback from all property lines.
(3.)(2.) Comply with all outdoor lighting standards and requirements identified in section [12-4D-3].
6. Video/Electronic Display Scoreboard as an Accessory Use. Any video/electronic display scoreboard for an
athletic field on the campus of a school shall comply with the following:
a. The scoreboard shall only be used for organized events at an athletic field, or similar outdoor facility, in
which the permitted user is participating in or hosting.
b. The scoreboard shall be equipped with industry standard security and brightness control features.
c. The video/electronic display portion(s) shall not face a residential neighborhood, not including the back
of the scoreboard, unless screened or otherwise obscured from view.
d. The scoreboard shall not exceed 800 square feet in area per surface and the video/electronic display
portion(s) shall not exceed 600 square feet of the total area.
e. The scoreboard shall not exceed 45-feet in height from the natural grade at the base of the scoreboard.
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f. Organizers sponsoring the scoreboard may include identifying information within the area allowed for
the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area.
g. No permitted use shall have more than one scoreboard structure equipped with video/electronic
display(s) and no video/electronic display(s) or signage shall be affixed to the back of the scoreboard.
h. The hours of operation for the video/electronic display portion(s) of the scoreboard shall be limited to
between eight o’clock (8:00) A.M. and eleven o’clock (11:00) P.M. with an allowance of up to 30
minutes before or after a permitted event.
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CHAPTER 4: BUILDING, CHARACTER AND DESIGN STANDARDS
ARTICLE A. GENERAL PROVISIONS APPLICABLE TO ALL ZONING DISTRICTS
12-4A-1 General Character and Form of Property
A. Purpose. Each Base and Overlay Zoning District has a distinct physical form that establishes the character of an
area or neighborhood. The intent of the regulations contained within this Chapter is to support and reinforce the
physical form of Property to support the City’s neighborhoods as described herein, and to ensure that
development or redevelopment is compatible with adjacent and surrounding properties.
B. Applicability. The standards contained within this Chapter shall apply to all Base and Overlay Zoning Districts,
unless otherwise specified.
C. Physical Form of Property. For purposes of this Chapter, the physical form of Property is described as the
following:
1. Building mass and volume of structure. The mass, or form, is generally described as the area contained by
height, width and depth of a structure or building.
2. Relationship or setback of Principal Building and/or Accessory Building with the public street. The
relationship of a Principal and/or Accessory Building with the public street is generally described as including
the front yard setback of the Building from the right-of-way, the relative position of Accessory Buildings or
Structures, the presence of trails or sidewalks, and/or the presence of front stoops or porches, etc.
3. Accessory Building Location and Size. The location of an Accessory Building, whether it is attached or
detached, the driveway access location and the size.
4. Environmental Features. The presence of vegetation, significant bluffs, waterways, ponds, wetlands, and
other natural resource features.
12-4A-2 Utilities and Services
A. Purpose. The City acknowledges the importance of properly managing and maintaining its utilities and public
infrastructure. This Section generally describes required utilities and references other regulations that are
implemented by either the City or other agencies with respect to permitting and requirements.
B. Sanitary Sewer and Water Systems.
1. Use of Municipal Public Systems Required. All new development in the City must be served by the municipal
sanitary sewer and water distribution systems.
a. Exceptions. The Public Works Director may grant special or temporary permission for a private sanitary
sewer system and/or private water system if the property is not served by the municipal sanitary sewer
system and/or water distribution system. The Public Works Director must determine that the proposed
private system or systems will prevent pollution to existing groundwater resources, will not result in a
hazard to health, and that the design and location of the proposed system will not adversely affect the
health, safety and general welfare of the residents of the City and adjacent communities.
2. Private Sanitary Sewer Systems. There are some existing private or individual septic systems in the City.
Plans for and installation, maintenance or replacement of existing private on-site sanitary sewer systems
must comply with [Section 10-3-3] of this Code and Dakota County [Ordinance 113].
C. Drainage.
1. No land shall be developed and no use shall be permitted that results in water runoff causing flooding or
erosion on adjacent properties. Such runoff must be properly channeled into a storm drain, water course,
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ponding area or other suitable facility as set forth in the soil protection ordinance and wetland system
ordinance. In no event shall drainage be allowed into a sanitary sewer.
12-4A-3 Yards and Open Space
A. Purpose. This Section regulates yard setbacks and required open space in the City. This Section applies to all
Base Zoning Districts, except where explicitly stated otherwise.
B. Minimum Yards and Open Spaces. No yard or other required open space shall be reduced in area or dimension to
make such yard or open space less than the minimum required by this Chapter. If the existing yard or open space
is less than the minimum required, it must not be further reduced.
C. Allowed Encroachments. The following encroachments on yard, open space and setback requirements are
permitted:
1. All Yards:
a. Belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves and the like, provided
they do not extend more than one and one-half feet (1 ½’) into a yard.
b. Yard lights and nameplate signs for one- and two-family dwellings in the RE, R-1, and R-2 Zoning
Districts may be located up to five feet (5’) from the front lot line.
c. Uncovered and/or open terraces, steps, porches, decks, egress windows, accessibility ramps, stoops or
similar structures that do not extend above the height of the ground floor level of the principal building
and do not extend more than five feet (5’) in into the front yard or rear yard; or more than three feet (3’)
into a side yard.
d. Lights for illuminating parking areas and loading areas for yards for safety and security purposes.
2. Front Yard:
a. Covered and/or enclosed entryways (porches, decks, stoops or similar structures) that extend into the
front yard setback are permitted after Site Plan review and approval by the Zoning Administrator,
subject to compliance with the following conditions:
(i.) The covered and/or enclosed entryway may not extend into the front or side yard more than five
feet (5').
(ii.) The covered and/or enclosed entryway shall be a maximum of 50 square feet.
(iii.) The covered and/or enclosed entryway may not extend above one (1) story.
3. Side or rear yards only: Bays or building extensions that extend into the side or rear yard shall meet the
following standards:
a. May not exceed a width of two feet (3').
b. Contain a maximum area of 20 square feet.
D. Front Yard Requirements.
1. All structures and buildings shall meet the front yard requirements as established by the Base or Overlay
Zoning District as established in Chapter 2 of this Zoning Ordinance.
2. Infill Determination. Whenever buildings have been built on one side of the street between two (2)
intersections, no building or structure may be erected to extend closer toward the street than the average of
the required setback as established in the applicable Zoning District and must be setback at a minimum the
average setback of the Principal Building on the adjoining lots. See [Figure 12-4A-3.1] of this Section.
a. For any infill lot, the maximum front yard setback of a new Principal Building shall be established by
adding 10-feet to the calculated Minimum Setback established by Figure [12-4A-3.1].
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Figure 12-4A-3.1 Front Yard Setback Requirements
3. In the case of a building to be erected or extended on a corner lot, the minimum front yard depth shall be
increased by an amount not less than one-half (1/2) the depth in excess of 30-feet of the front yard of the
nearest building. See [Figure 12-4A-3.2] of this Section.
Figure 12-4A-3.2 Front Yard Setback Requirements – Corner Lot
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4. Subsections [D2 and D3] of this Section shall not be applied to require a front yard in excess of one-third
(1/3) of the average depth of the lot.
12-4A-4 Wetland Requirements
A. Purpose. The requirements established herein are intended to support the regulations and requirements
established in Title 15. Environmental Standards of the City Code and to comply with the State of Minnesota
Wetland Conservation Act (WCA) rules. The City will:
1. Reference the City’s wetland inventory and the National Wetland Inventory, to determine whether a wetland
may be present on a property that is the subject of a Land Use Development Application.
2. Coordinate wetland requirements with the Floodplain and Shoreland Protection regulations as established in
Title 15. Environmental Standards.
3. Determine whether a wetland replacement or mitigation plan is required based on proposed improvements
to a structure or lot.
B. Identification and Delineation of Wetlands.
1. This Section shall apply to all land containing wetlands and land within the buffer strip or setback areas as
required herein. Wetlands shall be subject to the requirements of this Section and to the requirements
established in Title 15. Environmental Standards.
2. Wetlands shall be located and identified according to the standards established in Title 15. Environmental
Standards.
3. Only that portion of the land within the boundaries of the wetland and its required buffer or setback shall be
subject to the requirements of this Section.
C. General Standards. The following standards apply to all lands containing or abutting a wetland:
1. The standards contained in this Section shall be applicable if any portion of a wetland or a required buffer
area are located on a lot or parcel, regardless of if the delineated wetland, or a portion thereof, is on the
property.
2. Any septic or soil absorption area must be setback a minimum of 75-feet from the delineated wetland
boundary.
3. The lowest ground floor elevation must be a minimum of two feet (2’) above the 100-year flood elevation, or
a minimum of three feet (3’) above the Ordinary High Water Mark of public waters, as regulated by Title 15.
Environmental Standards.
4. Structures, such as a bridge, intended to provide access across a wetland are prohibited unless a permit is
obtained in conformance with State Regulations.
5. The MPCA’s Best Management Practices and Minnesota Storm Water Manual, as applicable, shall be
followed to avoid erosion and sedimentation during any construction process that may impact a wetland or
its buffer area.
6. Before the City issues a Building Permit for a lot with a required wetland buffer area, the lot owner shall
clearly mark the buffer boundary with flags or other physical monumentation to denote the area that will be
protected and untouched during the construction process.
7. Wetlands and any required buffer area must be kept free of any impervious surface and of any structures
and features including play equipment, fences, retaining walls, accessory structures or buildings, unless an
approved mitigation and replacement plan is obtained.
8. Wetlands and their required buffer area may not be used for any filling or dumping.
9. Wetlands and their required buffer area may not be used for outside storage of any household or personal
items, lawn equipment, furniture, firewood, parts, yard waste, or similar.
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10. Any swimming pools, patios, decks, drive aisles, parking lots, etc., must be setback a minimum of five feet
(5’) from any required buffer area, whichever is greater, unless otherwise permitted by Title 15.
Environmental Standards.
11. Water quality ponds may encroach into required wetland buffer areas provided that the amount of
encroachment may not exceed 50 percent of the total area required for the buffer.
12. All Structures and Buildings on land affected by a delineated wetland or buffer shall be subject to the
requirements of Table [12-4A-4.1].
Table 12-4A-4.1 Wetland Required Buffers and Setbacks
Standard
Wetland Buffer Area (Minimum) 2010’
Wetland Buffer Area (Maximum) 50’
Wetland Buffer Area (Average) 25’
Structure or Building Setback from Buffer 10’
D. Buffer Requirements.
1. The vegetation requirements for all required Buffer Areas are established in Title 15. Environmental
Standards.
2. The vegetation plan for revegetation of any disturbed Buffer Areas may be subject to review and approval by
the Natural Resources Commission.
3. Any request for a Variance from the required setback from the Buffer Area, or reduction in Buffer Area must
follow the Variance requirements and process as established in Chapter [5] Administration.
E. Wetland Alteration or Replacement Plans.
1. Any request for wetland alterations or modifications shall be subject to Minnesota Rules, Chapter 8420.
2. Wetland Replacement Plans must be submitted and reviewed by the Public Works Director and may be
subject to review by the Natural Resources Commissionreviewed and approved by the City Council.
2.3. Wetland Replacement Plans must provide a planting list which contains both the common and botanical
names of each species to be planted.
3.4. If a Wetland Replacement Plan is approved, the established delineated boundary shall be used in
calculating the required setback and Buffer Area.
12-4A-5 Landscaping Requirements
A. Purpose. The purpose of this Section is to regulate the installation and maintenance of landscape improvements
in areas of the City developed with uses other than single-family detached and attached residential uses. The
regulations that follow are intended to support and reinforce the City’s commitment to natural resources and green
space throughout the City.
B. Applicability. The following landscape requirements apply to all new development or redevelopment of multi-
family, mixed-use, industrial, and business uses. Landscape requirements for single-family detached and attached
residential uses are provided in Section [12-4B-2] of this Chapter.
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C. Landscape Plan Required, Contents. Landscape plans prepared by a registered landscape architect shall be
submitted as part of the application for Building Permit or Site Plan approval. Landscape plans must be drawn to a
scale of not less than one-inch equals fifty feet (1" = 50') and must include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads and other improvements.
3. Location, approximate size and common name and botanical name of existing trees and shrubs.
3.4. Planting schedule containing symbols, quantities, common and botanical names, size of plant materials and
root condition.
4.5. Planting details illustrating proposed locations of all new plant material.
5.6. Details of restoration of disturbed area including areas to be sodded or seeded.
6.7. Locations and details of other landscape features including berms, fences and planter boxes and all other
landscaped features.
7.8. Location and details of irrigation systems; and details and cross sections of all required screening.
8.9. Identification of all Significant Trees as defined in Title 15. Environmental Standards, existing stands of trees
and tree removal plan identified.
D. Minimum Area and Plant Material Required.
1. At least 25 percent of the land area must be landscaped with grass, ground cover, shrubbery and trees.
2. At least ten percent of any surface parking lot or area must contain landscape medians, tree trenches, or
other pervious landscape area.
3. The minimum tree and vegetation planting size requirements are established in Table [12-4A-5.1].
Table 12-4A-5.1 Minimum Sizes of Required Plantings
Required Planting Minimum Size
Overstory deciduous trees 2 ½ inches in diameter
Ornamental trees 1 ½ inches in diameter
Coniferous trees 6 feet tall
Major shrub plantings 5 gallons
4. As many existing native and non-invasive trees as is practicable must be preserved and must be shown on
the Site Plan. All Significant Trees scheduled for removal must be identified on the Site Plan. A Significant
Tree is defined in Title 15. Environmental Standards.
5. Removal of all invasive trees or plants should be identified as part of the initial landscape plan.
6. All new overstory trees must be balled and burlapped or moved from the growing site by tree spade.
7. All site areas not covered by buildings, sidewalks, parking lots, driveways, patios or similar hard surface
materials must be sodded or planted with a native ground cover, except undisturbed areas to be preserved
in a natural state and areas planned for future building expansion may be seeded.
8. A maximum of 50 percent of the required number of trees may be composed of one species. The following
trees species do not qualify for the Required Plantings:
(i.) A species of the genus Ulmus (except those elms bred to be immune to Dutch elm disease).
(ii.) Box elder.
(iii.) A species of genus Populus (poplar).
(iv.) Female ginkgo.
(v.) Amur maple.
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(vi.) Norway maple.
(vii.) Russian olive.
(viii.) Ash.
(ix.) Buckthorn.
(x.) Black locust.
9. Maintenance of Landscaping. The owner, tenant and their respective agents are jointly and severally
responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly
appearance that is free from refuse and debris. The owner or developer is responsible for the removal of all
invasive species during the construction or redevelopment process. After site development or
redevelopment, the owner or their assigns, must continue to remove invasive species from their lot or
landscape areas according to an agreed maintenance schedule. Trees, plants and ground cover that die and
are required by an approved Site Plan or Landscape Plan must be replaced as soon as seasonal or weather
conditions allow.
a. A plan to provide adequate maintenance of landscaped areas must be provided as part of the
Landscape Plan review. An underground sprinkler system may be required as part of any new
development depending on the planting plan and the required maintenance based on the plant types. A
sprinkler system must be designed to water and maintain all manicured landscape areas that are not
designed with native plants.
10. Bond Requirements.
a. When screening, landscaping or similar improvements to property are required by this Chapter, a
performance bond must be supplied by the owner in an amount equal to at least one and one-half (1.5)
times the value of such screening, landscaping, or other improvements. The bond, with security
satisfactory to the City, shall be conditioned upon reimbursement of all expenses incurred by the City for
engineering, legal or other fees in connection with making or completing such improvements. The bond
shall be provided prior to the issuance of any Building Permit and must be valid for a period of time
equal to one full growing season after the date of installation of the landscaping. The City may accept a
letter of credit, cash escrow or equivalent in lieu of a bond in an amount and under such conditions as
the City may determine to be appropriate. In the event construction of the project is not completed
within the time prescribed by the City Council, the City may, at its option, complete the work required at
the expense of the owner and the surety.
b. The City may allow an extended period of time for completion of all landscaping if the delay is due to
conditions which are reasonably beyond the control of the developer or owner. Extensions may not
exceed nine (9) months and may be granted due to seasonal or weather conditions. When an extension
is granted, the City shall require such additional security as it deems appropriate.
12-4A-6 Impervious Surface Requirements
A. Purpose. The purpose of this Section is to establish standards for calculating impervious surface on a lot to
ensure that each lot has pervious area to help support localized surface water and stormwater management.
B. Applicability. The following standards apply to all Base Zoning Districts. Additional standards and regulations may
be identified in an Environmental Overlay District, and where such standards exist, the more restrictive standard
shall apply.
C. General Provisions.
1. Impervious Surface Coverage calculations must include any ground surface material or structure that retards
water from being absorbed into the ground. Such impervious surfaces include, but are not limited to, covered
structures such as buildings and structures, gazebos and decks, asphalt, concrete, class 5, pavers or
similar.
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a. If an Owner proposes to use a pervious paver or pavement and exclude it from the impervious
calculation, the Public Works Director must review the specification and determine that the material if
properly maintained does not meet the definition of impervious and can be excluded from this
requirement.
2. To determine the impervious surface coverage on a lot the total ground floor area of buildings, structures
and improvements such as sidewalks, driveways, accessory buildings or structures, etc., must be added to
determine the combined total square footage. The total square feet of impervious surface may not exceed
the maximum impervious surface coverage percent of a lot as established in Chapter 2 of this Zoning
Ordinance.
3. A property Owner may appeal the decision of the Zoning Administrator or Public Works Director that a
material or structure is pervious and therefore does not contribute to the impervious surface calculation. The
appeal process is established in [Chapter 5. Administration] of this Zoning Ordinance.
12-4A-7 Structure Height Standards
A. Purpose. The purpose of this Section is to establish certain exceptions or regulations to the maximum height
permitted in a Base Zoning District.
B. Exceptions for Increased Maximum Height in all Zoning Districts.
1. The maximum height established in each Base Zoning District contained in Chapter 2 may be increased
by 50 percent for the following structures:
i. Belfries, chimneys, church spires, cooling towers, cupolas and domes which do not contain
usable space, elevator penthouses, fire and hose towers, flagpoles, monuments, observation
towers, smokestacks, water towers.
2. Parapet walls extending a maximum of three feet (3’) above the permitted height of the building
established by the Base Zoning District.
3. Properties or lots located in the Mississippi River Corridor Critical Area (MRCCA) are subject to the
height standards if more stringent than the exceptions stated herein.
C. Height Standards for Infill Development in R-1 Zoning District. The following height standards are established for
any infill lot in the R-1 Zoning District:
1. The permitted maximum height shall be determined by taking the average of the two adjacent principal
residential structures, but in no case shall the maximum be set lower than 15-feet.
2. To exceed the maximum height established in C.1, a Conditional Use Permit must be obtained. In no
case shall the permitted height exceed 25-feet unless a Variance is also obtained.
C.D. Properties or lots located in the Mississippi River Corridor Critical Area (MRCCA) are subject to the height
standards established by Chapter [6] if more stringent than the exceptions stated herein.
12-4A-8 Accessory Structure Standards
A. Purpose. The purpose of this Section is to regulate the type, placement, size, and use of all Accessory Structures
in the City. The City has determined that regulating Accessory Structures protects the character of neighborhoods
by ensuring that development and use of individual lots is consistent and maintains orderly development patterns.
B. Applicability and Type. All Accessory Structures in the City are subject to certain standards and regulations as
described herein. In addition to the General Provisions, the City has classified Accessory Structures into three
categories:
1. Private Garage. Means an Accessory Structure that is generally used for storage of personal vehicles and
other residential storage and is for the purpose of serving a single-family attached or detached residential
unit.
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2. Storage Building. Means an Accessory Structure that is generally used for the storage of personal items.
Such structures may include a small storage shed or chicken coop, etc.
3. Non-Building Structures. A Non-Building Accessory Structure means any permanent physical improvement
to a lot that does not meet the definition of a Building. Such Accessory Structure is permanently affixed to
the land and may increase the impervious coverage of a property, and is still subject to certain dimensional
requirements and may require an Administrative Permit. SuchExamples of Accessory Structuresuses
include, but may not be limited to: sport courts, above ground or inground swimming pools, swing sets,
children’s play structure or treehouse, sandboxes/volleyball courts, sport court, raised gardens, gazebos,
patios, etc. There is no limit on the number of permitted non-building accessory structures permitted on a lot.
C. General Provisions. The following standards are established and are applicable to all residential and non-
residential Accessory Structures in the City.
1. Setback Requirements. All lots must meet the following standards:
a. No detached Accessory Structure that is a building shall be located closer to the front lot line than the
Principal Building on that lot.
b. Setback from Principal Building. No detached Accessory Structure that is a Building shall be erected,
altered, or moved within five feet (5’) of the Principal Building.
c. All other Accessory Building setback requirements are established in Chapter 2 of the Base Zoning
District in which the lot is located.
d. All Accessory Structures that are not Accessory Buildings must be a setback a minimum of five feet (5’)
from any lot line,
2. Impervious Surface Requirements. All lots must meet the impervious surface coverage requirements as
established in the Base Zoning District in which the lot is located. The calculation must include all Accessory
Structures as described herein if they meet the definition of impervious.
3. No Accessory Structure shall be permitted to be constructed on a site without a Principal Building or Use.
4. Time for Construction. No Accessory Structure, including parking area, shall be constructed on any lot prior
to the time of construction of the Principal Building to which it is accessory.
5. Use Restrictions. No Accessory Building, tent, or any other temporary Accessory Structure may be used as
an occupied dwelling for human habitation.
6. Subdivision. In the event that any property upon which an Accessory Structure has been erected and is later
subdivided, then the number and size of Accessory Structures on the subdivided property shall conform to
the requirements of this Zoning Ordinance. Any Accessory Structures that do not conform must be
relocated, removed or reconstructed so that all resulting lots and improvements conform with this Zoning
Ordinance.
7. Administrative Permit Required. All Accessory Structures require an Administrative Permit to verify size and
location of the structure to ensure compliance with the standards and requirements identified in this Chapter.
D. Private Garage. The following standards shall apply to all Accessory Structures that are defined as a Private
Garage.
1. General Provisions applicable to all lots or parcels.
a. One (1) Private Garage, which may be attached or detached to the Principal Building, per residential lot
or unit is permitted in all Residential Base Zoning Districts.
b. The size of a Private Garage shall be calculated based on the building footprint area. The following size
standards shall apply:
(i.) Private Garage Attached to Principal Building.
(i.) Up to 1,200 square feet; or
(ii.) Greater than 1,200 square feet to 1,500 square feet with a Conditional Use Permit.
(ii.) Private Garage Detached from Principal Building.
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(i.) Up to 750 square feet; or
(ii.) Greater than 750 square feet to 1,000 square feet with a Conditional Use Permit.
2. Exception for Two (2) Private Garages on a Lot. On parcels that contain more than 0.75 acres of Buildable
Area a second detached Private Garage may be permitted provided the standards established in Table [12-
4A-8.1] and any other applicable standards are met.
Table 12-4A-8.1. Maximum Size of Second Detached Private Garage.
Buildable Area of Lot Permitted Conditional Use Permit
>0.75 – 1.5 acres 750 sq. ft. 1,000 sq. ft.
>1.5 acres – 2.5 acres 1,000 sq. ft. 1,200 sq. ft.
>2.5 acres – 5.0 acres 1,500 sq. ft. 1,800 sq. ft.
>5 acres 2,000 sq. ft. 2,400 sq. ft.
3. Standards For Private Garages.
(i.) Floor Elevation. The floor of a Private Garage must be at least one and one-half feet (1 ½’) above the
street grade at the curb unless a deviation is granted by the Public Works Director upon determination
that a lower elevation is appropriate.
(ii.) Garage Doors. No more than 36 linear feet of garage door per structure as viewed from the public right-
of-way, measured horizontally, may be installed to provide access to any Private Garage or other
Accessory Building on a single- or two-family residential property. More than 36 linear feet of garage
door as viewed from the public right-of-way may be permitted with a Conditional Use Permit.
(iii.) Height. Maximum height of a garage door is nine feet (9’), or up to 12 feet may be permitted with a
Conditional Use Pemir (CUP).
(iv.) Total Size. The total building footprint area of all attached and detached Private Garages on a lot may
not exceed the finished square footage of the Principal Building.
(v.) Design Compatibility. Detached Private Garages must be architecturally compatible with the Principal
Building, including exterior design, materials and colors.
E. Storage Building. The following standards shall apply to all Accessory Structures defined as a Storage Building.
a. General Provisions applicable to all Zoning Districts.
(i.) One (1) Storage Building is permitted on each lot or parcel in all Base Zoning Districts.
(ii.) The maximum size of a Storage Building is 144 square feet.
(iii.) Exception for two (2) Storage Buildings. A second Storage Building is permitted on each lot or
parcel if the Storage Building is defined as a Chicken Coop and Run that meets the specific
requirements as provided in [Subsection (2.) herein]. A lot may contain only a Chicken Coop and
Run, and depending on its size, may impact the permitted square footage of a second Storage
Building as identified in (iv.) below.
(iv.) A maximum of 225-square feet of combined Storage Building and Chicken Coop/Run is permitted
on each lot/parcel in all Base Zoning Districts.
b. Storage Building - Requirements for Chicken Coops and Runs. The following standards are applicable
to all Chicken Coops and Runs:
(i.) Size, Setback and Building Requirements.
(i.) The required dimensions of a coop and run are:
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(a.) The interior floor space of the chicken coop must provide a minimum of two (2) square
feet for each chicken authorized under the Administrative Permit. The floor area of the run
must have a minimum of five (5) square feet per chicken. The maximum area of the coop
and run is 144 square feet.
(b.) The maximum height of the coop and run is ten feet (10’), regardless of if it is attached to
an Accessory Structure used for other purposes. The chicken coop portion of such a
structure may not be taller than ten feet (10’).
(c.) The coop and run must be set back a minimum of ten feet (10’) from the side and rear lot
lines of the property on which the coop is located. The coop and run must be located in
the rear or side yard and are not permitted in the front yard of a property.
(d.) The chicken run shall be fully enclosed (sides and top) by fencing or other similar
materials.
(ii.) Regulations. The keeping, harboring, maintaining, or possessing of any chicken must comply with
the following:
(i.) Limit. a maximum of six (6) chickens shall be kept or harbored on the lot to which the
Administrative Permit is granted.
(ii.) Roosters. The keeping of roosters is prohibited.
(iii.) Slaughter. Slaughtering of chickens on any property zoned for residential use is prohibited.
(iv.) Eggs. No chicken eggs shall be sold or offered for sale; all chicken eggs shall be for personal
use or consumption.
(v.) Fighting. Chickens shall not be raised or kept for fighting.
(vi.) Food. Food materials stored outside must be contained within closed containers with lids.
(vii.) Sanitation. All containment areas and structures shall be maintained in a clean, sanitary and
odor free environment and must be free from rodents or other pests at all times.
(viii.) Disposal of Waste. Fecal waste or coop related litter must be removed at such reasonable
times to prevent odors from emitting over property lines. Such waste or litter must be double
bagged and disposed of properly. Waste or litter is allowed to be composted on the property,
provided the composting is done in a sturdy, weather resistant compost bin or dedicated
enclosure. Should the composting be done in an unhealthy or ineffective manner, whereby
creating a public nuisance or complaint from a neighboring resident, the permit holder shall
immediately cease all waste composting on the property and remove such waste composting
bin(s) if so ordered by the Zoning Administrator or animal warden.
(ix.) Nuisance. Chickens may not be kept in such a manner as to constitute a public nuisance. Any
violation of the provisions of this Subsection shall be deemed a public nuisance.
(x.) Inspection. Any chicken coop and run authorized under this Section may be inspected at any
reasonable time by the Zoning Administrator, animal warden or their designee.
(xi.) In addition to the Administrative Permit application requirements established in [Chapter 5],
the following information shall be submitted with the application:
(a.) The number of chickens to be kept on the premises; and
(b.) A Site Plan to show the location, the dimensions and design of the coop and run. The Site
Plan must show detailed dimensions to demonstrate compliance with the chicken coop
and run specifications provided in this Section; and
(c.) A statement certifying whether the property’s homeowners’ association rules, if any,
prohibit the keeping of chickens on the property; and
(d.) Any other and further information as the City deems necessary.
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(xii.) Revocation. An Administrative Permit granted under this Section of the Code may be revoked
by the Zoning Administrator or Animal Warden with a finding in writing to the Applicant that a
violation of any of these standards has occurred or that there is a threat or public health,
safety or welfare. Such revocation may be appealed to the City Council, whose decision shall
be final.
F. Non-Building Accessory Structure. The following standards shall apply to all Accessory Structures defined as a
Non-Building Accessory Structure.
a. General Provisions applicable to all Base Zoning Districts.
(i.) Impervious Surface Coverage. The permitted size and area of Non-Building Accessory Structures
is limited by the maximum impervious surface coverage established for the Base Zoning District in
which the lot is located. Such improvements must be calculated and combined with all other
improvements on the lot to demonstrate compliance with the maximum impervious surface
coverage requirements.
(ii.) Temporary Non-Building Accessory Structures. Any temporary structure such as a seasonal hoop
house, garden structure, ice rink boards, etc., that is installed for seasonal purposes, must be sited
to meet all applicable setbacks and may not be permanently affixed to the ground on a year-round
basis and is not subject to the impervious surface calculation.
(iii.) Location. A Non-Building Accessory Structure, provided such structure is not covered with a roof or
similar architectural treatment, may be located in front of a Principal Building if it is properly
screened from the public right-of-way and it meets the required front yard setback.
b. Specific Provisions regarding certain Accessory Structures.
(i.) Childrens Play Structure or Treehouses. A play structure or treehouse may not include a
permanent foundation, sheetrock, power, plumbing or any other improvements that would require a
building or electrical permit. A play structure or tree house not meeting this criterion is not
permitted.
b.
G. Temporary Family Healthcare Dwellings. Pursuant to authority granted by Minnesota Statutes Section 462.3593,
subdivision 9, the City of Mendota Heights opts out of the requirements of Minnesota Statutes Section 462.3593,
which defines and regulates temporary family healthcare dwellings. By opting out, the City expressly prohibits
temporary family healthcare dwellings as defined in Minnesota Statues Section 462.3593.
12-4A-9 Off-Street Parking and Loading
A. Purpose. The purpose of this Section is to regulate off-street parking and loading spaces to alleviate or prevent
congestion of the public right-of-way; to promote the safety and general welfare of the public by establishing
minimum requirements for off-street parking; and to provide standards for loading and unloading motor vehicles
based on the use of a lot, parcel or structure.
B. Applicability. The regulations and requirements set forth in this Section shall apply to any required or nonrequired
off-street parking facilities in all Base Zoning Districts.
C. Site Plan Required. All applications for an Occupancy Permit must include a Site Plan application as described in
Chapter [5] Administration to demonstrate adequate off-street parking and loading facilities are provided.
D. General Provisions.
1. Floor Area. For the purpose of calculating the number of off-street parking spaces required, the net usable
floor area of the floors devoted to retail sales, services, office space, processing and fabrication, exclusive of
hallways, utility space, and storage areas other than warehousing shall be used.
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2. Reduction of Existing Off-Street Parking and Loading Spaces. Off-street parking spaces and loading spaces
existing upon the effective date of this Chapter may not be reduced in number unless the number of existing
spaces exceeds the requirements set forth herein for a similar new use.
3. Benches in Places of Public Assembly. In stadiums, churches and other places of public assembly in which
patrons or spectators occupy benches, pews or other similar seating facilities, every 22 inches of seating
area is equivalent to one (1) seat for the purpose of determining the number of required parking spaces.
4. Size of Spaces. The dimensions of each parking space must be a minimum of nine feet (9') wide by 20 feet
in length, exclusive of access drives. The length of the parking space may be reduced to 18 feet if the
parking space is designed to overhang a green space or landscape area.
5. Parking Space and Drive Aisle Standards. Unless otherwise noted in this Zoning Ordinance, parking space
and drive aisle standards shall be designed to comply with the standards established in Table [12-4A-9.1]
Parking and Drive Aisle Standards.
Table 12-4A-9.1. Parking Stall and Drive Aisle Standards.
Angle of Parking Stall Width
Parallel to Aisle Stall Length of Line Aisle Width Stall Depth
45 Degrees 9 ft. 19 ft 15 ft (one-way) 17 ft. 6 in.
60 Degrees 9 ft. 19 ft. 20 ft (one-way) 17 ft. 6 in.
90 Degrees 9 ft. 18 ft. 24 ft. 18 ft.
Parallel 8 ft. 20 ft. 26 ft. 20 ft
6. Use of Parking Facilities.
a. Residential Base Zoning District. The following standards apply to all property located in a Residential
Base Zoning District.
(i.) Off-street parking facilities accessory to a principal residential use must be utilized solely for
parking of passenger automobiles.
(ii.) Under no circumstances shall parking facilities accessory to residential structures be used for
open area storage of commercial vehicles.
(iii.) No Semitrailer, Truck Tractor, or a combination thereof, or any Custom Service Vehicle as
defined in Title X, Section [6-1-2] of the City Code, or any truck in excess of 9,000 pounds
gross vehicle weight may be parked within a Residential Base Zoning District except for the
purpose of loading, unloading, or in the process of making a delivery.
(iv.) Exceptions in Residential Base Zoning Districts. For each dwelling unit, one truck not to
exceed 3,000 pounds rated capacity may be parked on a residential lot, provided that such
truck is used by the occupant of the residence.
b. Commercial or Industrial Base Zoning District. The following standards apply to any property located in
the Commercial or Industrial Base Zoning Districts.
(i.) Any off-street parking space that is required to be provided for employees, patrons, visitors,
etc., of a permitted use may not be utilized for open storage of goods or for the storage of
vehicles which are inoperable, for lease, rent or sale.
7. Location.
a. Residential Base Zoning Districts: Any required off-street parking in the Residential Base Zoning
Districts must be on the same lot as the Principal Building.
b. Setbacks in all Base Zoning Districts: Required off-street parking in all Base Zoning Districts must meet
the following setback requirements:
(i.) Within all Residential Base Zoning Districts, all vehicles normally owned or kept by the occupants
on the premises must have a garage stall or parking space on the lot in a location other than a
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required yard; except, that parking may be located in a rear yard to within five feet (5') of an interior
side lot line and rear lot line.
(ii.) All driveways constructed to serve single-family dwellings on corner lots must be set back a
minimum of 30 feet from the property lines adjacent to the street corner.
c. Setbacks in Business and Industrial Base Zoning Districts: (See Figure [12-4A-9.1 and 12-4A-9.2] of
this Section.)
(i.) In the B-1, B-2 and Industrial Zoning Districts when a property is located across the street from a
property zoned R-1, parking spaces may not be located within the front yard.
(ii.) In B-1, B-2 and Industrial Zoning Districts, when a property is located across the street or abuts a
Residential Base Zoning District, the required parking spaces must be located a minimum of 20-
feet from the abutting lot lines.
(iii.) In the Industrial Zoning District, parking spaces or aisles serving parking areas must be setback a
minimum of 20-feet from any public right-of-way and a minimum of ten feet (10’) from a building or
lot line.
Figure 12-4A-9.1 Business and Industrial Off-Street Parking - Across or Abutting a Base
Residential Zoning District)
8. Surface and Materials.
a. Any required off-street parking area must be surfaced with a hard, all weather, durable material with an
approved curb or bumper stops defining the edge of all parking areas and driveways. All parking areas
containing more than six (6) spaces facing a public street or Residential Base Zoning District must have
a solid screen, wall or fence a minimum of four feet (4') high but may not exceed six feet (6') high.
9. Screening. Screening of off-street parking must comply with the standards established in Section [12-4D-2].
10. If a property is zoned B-1, B-2 or Industrial and is not across the street or abutting a Residential Base Zoning
District, the parking spaces must be located at least 20 feet from the front lot line and ten feet (10') from any
side or rear lot line. For the purpose of applying this Section, all lot lines abutting a public street are
considered a front lot line. See [Figure 12-4A-9.2] of this Section.
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Figure 12-4A-9.2 Business and Industrial Off-Street Parking – Not Across or Abutting a Base
Residential Zoning District
(i.) Within the B-1, B-2 and Industrial Base Zoning Districts, off-street parking spaces must be setback
a minimum of 20' from any public street right-of-way line.
11. Driveway Access Required. All off-street parking spaces must have access from a driveway and may not be
accessed directly from a public street.
12. Joint Parking Facilities. Off-street parking facilities for a combination of one or more uses may be provided
collectively in any Base Zoning District except for single-family detached uses, provided that the total
number of spaces equals the sum of the separate requirements for each use.
13. Off Site Parking Facilities. When required accessory off-street parking facilities are provided other than on
the lot on which the principal use is located, written authority for using such property for off-street parking
must be filed with the City so that the required number of off-street parking spaces for the duration of the
principal use is maintained. No off-site parking facilities may be located more than 100-feet from the principal
use.
E. Design And Maintenance of Off-Street Parking Areas.
1. Access, Width and Location. Parking areas must be designed to provide an adequate means of access to a
public alley or street. The driveway access may not be more than 25-feet in width at the property line in
Residential Base Zoning Districts and may not be more than 30-feet in width at the property line in all other
Zoning Districts. The driveway access must be located to cause the least interference with traffic movement.
2. Calculating Space. When the number of required off-street parking spaces results in a fraction, each fraction
of one-half (1/2) or more shall require a full space.
3. Signs. Signs located in any parking area necessary for orderly operation of traffic movement are not to be
included as a part of the permitted advertising sign square footage.
4. Surfacing. Subject to the provisions of [Section 12-4B-2B2] of this Chapter, the area intended to be utilized
for parking space and driveways must be surfaced with a hard, all weather, durable material and is subject
to the approval of the City Council, except for parking areas of less than three (3) vehicles.
5. Lighting. Lighting must have no direct source of light visible from the public right-of-way or adjacent land in a
Residential Base Zoning District.
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6. Curbing, Bumper Guards and Landscaping. All open off-street parking areas designed to have head in
parking along the interior property line must provide a bumper curb or guard of normal bumper height to
ensure that no part of any car will project beyond the required setbacks as established in this Chapter. When
such area is for six (6) spaces or more and not located to the rear of a building, a curb or fence not over
three feet (3') in height must be created at the required parking setback line, and grass or planting must
occupy the space between the property line and the required curb or fence.
7. Maintenance of Off-Street Parking Areas. The operator of the principal use, uses or structures shall maintain
in a neat and adequate manner the parking space, accessways, landscaping and required curbs and fences.
F. Number of Required Off-Street Parking Spaces. The number of required off-street parking spaces based on the
use of a structure or property is identified in Table [12-4A-7.3].
Table 12-4A-7.3 Required Number of Off-Street Parking Spaces
Type of Use Number of Parking Spaces Required
Auto repair - major, bus terminal, taxi terminal, boat and
marine sales, bottling company, shop for trade employing 6
people or less, garden supply store, building material sales
Minimum of 8 spaces, plus 1 additional space for each 800
square feet of floor area over 1,000 square feet.
Bowling alley 5 spaces for each alley.
Church, auditorium, gathering/congregating space 1 space for every 3 1/2 seats based on the design capacity of
the main assembly hall.
Community center, post office, YMCA, YWCA, physical culture
studio, pool hall, library, private club, lodge, museum
10 spaces, plus 1 space for every 300 square feet of floor area
greater than 2,000 square feet in the principal structure.
Daycare center 4 spaces, plus 1 space for every 500 square feet of floor area
greater than 1,000 square feet in the principal structure.
Drive-in and fast-food restaurant
1 space for each employee per shift in addition to at least 1
space for every 15 square feet of gross floor area in the
building, as per [Section 12-3B-4B.5] of this Title.
Furniture store, appliance store, warehouse - under 15,000
square feet of floor area; auto sales, and studio
1 space for every 500 square feet of floor area in the principal
structure.
Golf course, country club, tennis club, public swimming pool 20 spaces, plus 1 space for every 300 square feet of floor area
greater than 1,000 square feet in the principal structure.
Hospital 1 space for each 1 hospital bed.
Manufacturing, fabricating or processing of a product or
material
Minimum of 4 spaces, plus 1 space for every 800 square feet
of building; and 1 space for every 2,500 square feet or fraction
thereof of land devoted to outside storage.
Motel, motor hotel, motor court, or hotel 1 space for each guestroom.
Motor fuel station and motor fuel station convenience store
Minimum of 4 surface spaces, plus 3 spaces for each enclosed
service stall; and 1 outside space for every 150 square feet of
floor area devoted to retail sales in a motor fuel station
convenience store. In the case of rental of trailers, trucks and
other vehicles, 1 space must be provided for each rental unit
stored on site.
Multi-family residential use (5+ dwelling units) 1 space per dwelling unit, or 1 space per bedroom, whichever
is greater.
Office building and professional office having less than 6,000
square feet of floor area
3 spaces, plus 1 space for every 500 square feet of net usable
floor area.
Office building and professional office having 6,000 square feet
or more of floor area, bank, savings institution 1 space for every 200 square feet of net usable floor area.
Restaurant, cafe, bar, tavern, nightclub 1 space for each employee per shift and 1 space for every 3
seats in the facility.
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Retail sales and service establishment Minimum of 7 spaces, and 1 space for every 200 square feet of
gross floor area greater than 1,000 square feet.
School, high school 1 space for every 7 students (based on design capacity) plus 1
space for every 3 classrooms.
School, trade school and college
1 space for each classroom, plus 1 space for every 2 students,
(based on design capacity) plus parking ratios based on other
uses established on this table.
Single-family detached or attached dwelling unit (1 to 4
dwelling units) 2 spaces for each unit, one must be covered.
Skating rink, dance hall, public auction house, golf driving
range, miniature golf, trampoline center and similar uses
Minimum of 15 spaces, plus 1 additional space for every 300
square feet of floor area greater than 2,000 square feet.
Theater, athletic field 1 space for every 3 seats (based on design capacity).
Warehouse, storage handling of bulk goods 1 space for every 2,000 square feet of gross floor area.
Uses not specifically noted As determined by the City Council following review by the
Planning Commission.
F.G. Off-Street Loading and Unloading.
1. Location:
a. All Loading Berths must be off-street and must be located on the same lot as the building or use to be
served.
b. Minimum Setbacks of a Loading Berth.
(i.) A minimum of 50 feet from the intersection of two (2) street rights-of-way.
(ii.) A minimum of 100 feet from the intersection of street rights-of-way of major thoroughfares.
(iii.) A minimum of 50 feet from a Residential Base Zoning District, unless the Loading Berth is fully
enclosed within a building.
c. Loading Berths must be located outside the require front yard setback.
d. Size. Unless otherwise specified, the first Loading Berth shall be not less than 12 feet in width and 50
feet in length. Additional Loading Berths must not be less than 12 feet in width and 25 feet in length. All
Loading Berths must maintain a height of 14 feet or more.
e. Access. Each Loading Berth must be located with appropriate means of access to a public street or
alley in a manner that will interfere least with traffic.
f. Surfacing. All Loading Berths and accessways must be surfaced with asphalt or concrete.
g. Screening. External loading and service areas must be completely screened from the ground level view
from any abutting residential or commercial properties and any public right-of-way, except at access
points and driveways. Minimum screening requirements are set forth in [Section 12-4D-2B].
h. Accessory Use Prohibited. Any area allocated as a required Loading Berth or access drive to comply
with the terms of this Chapter may not be used for the storage of goods, inoperable vehicles, and may
not be included as a part of the area required to meet the off-street parking area.
G.H. Required Loading Berths. The use of a property is correlated to the required number of Loading Berths on a site.
All uses must comply with the standards established in Table [12-4A-9.4.]
Table 12-4A-9.4 Required Number of Loading Berths
Type of Use Loading Berth Required
Auditorium, convention hall, public building, hospital,
school, hotel, sports arena
1 Berth 25 feet in length for each building having 1,000 to 10,000
square feet of floor area; for those buildings having 10,001 square feet
of floor space to 100,000 square feet of floor area or fraction thereof, 1
additional Berth 50 feet in length.
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Manufacturing, fabrication, processing and
warehousing
1 Berth 25 feet in length for each building having 3,000 square feet or
fraction thereof, plus 1 Berth 50 feet in length for each 25,000 square
feet of floor area up to 100,000 square feet, plus 1 Berth for each
50,000 square feet of floor area over the first 100,000 square feet of
floor area. The operator of the business shall have the option to declare
the length of the Berth required for buildings above 100,000 square feet
of floor area; except, that ½ or more of the total number of Berths
required shall be 50 feet in length.
Retail sales and service store, office
1 Berth 25 feet in length for each building having 6,000 square feet of
floor area or more, plus 1 additional Berth 50 feet in length for each
25,000 square feet of floor area up to 100,000 square feet.
Nonresidential uses having 5,000 square feet of floor
space or more and not included as part of the above 3
listed uses
4,000 to 20,000 square feet of floor area, 1 Berth; for every additional
10,000 square feet of floor area or fraction thereof above 2,500 square
feet, 1 additional Berth.
12-4A-10 Fences
A. Purpose. The purpose of this Section is to regulate the placement, height and type of fencing permitted in the City.
The City has determined that fencing can be an effective buffer or screen between visually incompatible uses and
can function to separate or delineate between individual lots. The following standards are established.
B. Applicability. The following standards shall be applicable to all Base Zoning Districts.
1. Permit and Compliance Required:
a. Application. An application for a Fence Permit is required for any fence six feet (6’) or less in height. A
Fence Permit and a Building Permit are required for any fence in excess of six feet (6’).
b. Exception. Temporary fences installed to surround a hockey or skating rink do not require a Fence
Permit during the winter season. Fences for this purpose are permitted to be a maximum of four feet (4’)
or less in height and must be removed no later than March 31 of each year.
2. Location.
a. All fences must be located entirely on the private property of the persons, firms or corporations
constructing or causing the construction of such fence unless the owner of the adjoining property
agrees in writing that such fence may be erected on the property line of the respective properties.
b. No fence may be installed in a location that would prevent a fire hydrant from being immediately
discernible or in any manner to deter or hinder the fire department from gaining immediate access
thereto.
3. Construction and Repair.
a. Construction and Maintenance:
(i.) Every fence must be constructed in a substantial, workmanlike manner and of substantial material
reasonably suited for the purpose for which the fence is proposed to be used.
(ii.) Every fence must be maintained in a condition of reasonable repair and may not become, or
remain, in a condition of disrepair or danger, or constitute a nuisance, public or private.
(iii.) Any fence that is in violation of this Chapter, or has become dangerous to the public safety, health
or welfare, is a public nuisance and the Code Enforcement Officer shall commence proper
proceedings for the abatement thereof.
(iv.) Face Side: That side of the fence considered to be the face (the side opposite the post) must face
abutting property or the street or other public right-of-way.
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(v.) Height: The Fence height shall be measured at a point six inches (6”) below the top of the
supporting posts. No fence or material between posts is permitted to be greater in height than the
highest post on either side of said fence material.
C. Fences in Residential Base Zoning Districts.
1. Height, Style and Location.
a. Front Yard. The maximum height of a fence in a front yard, or along that portion of the side lot line equal
to the front yard setback is four feet (4’) in height.
b. Interior Lot Line. The maximum height of a fence erected on interior lot lines behind the front yard
setback line and on any rear lot line is six feet (6’) in height.
c. Rear Yard. If the rear lot line is common with the side lot line of an abutting lot, that portion of the rear
lot line equal to the required front yard setback of the abutting lot may be fenced to a maximum of four
feet (4’) in heightThe maximum height of a fence erected on a rear lot line is six feet (6’) in height.
d. Corner Lot. The maximum height of fence along that portion of the side lot line equal to the front yard
setback is four feet (4’). A fence up to six feet (6’) may be permitted but must be reviewed and approved
by the Public Works Director. Additional setbacks from the property line may be required at the
discretion of the Public Works Director based on existing improvements or the presence of any
easements.
d.e. Style of Fences. Fences in front yards must be an open decorative style fence so that at least 30
percent of the plane between the ground and the top of the fence is open. Acceptable fence styles
include: picket, wrought iron, chain-link, alternating board or shadow-box style fence.
e.f. Gates. Where a gate is proposed to obstruct access to a driveway in a yard abutting a street or other
public right-of-way, such gate requires a Conditional Use Permit, and must comply with the following
conditions:
(i.) The applicant must show that the gate is needed to mitigate an unsafe condition related to visibility
of the driveway and gate area from the principal building, intersection of the driveway with the
public street, or other unsafe condition as approved by the City.
(ii.) All plans and specifications for the proposed gate must be reviewed, and approved, by the Police
and Fire Departments prior to installation.
(iii.) The minimum setback of a gate from the paved edge of a street is 25 feet.
(iv.) Gates may be a maximum of five (5’) feet in height.
(v.) The gate must be able to be opened in the event of a power failure.
(vi.) All gates must be equipped with an override to any latch or electronic closure to ensure access by
Police and Fire Department or a Code Enforcement Officer at all times. The override mechanism
must be properly functioning and must not be disabled by the property owner.
(vii.) Gates are considered fences for the purposes of this Subsection [12-4A-10C], requiring a Building
Permit, and are subject to all other applicable fence regulations, including, but not limited to,
building materials.
(viii.) Any gate that does not meet the standards set forth in this Subsection [12-4A-10-C1e], or that
is determined by the Police or Fire Department or a Code Enforcement Officer to not be properly
functioning or properly maintained, must be immediately repaired or removed upon notice to the
property owner. For purposes of this Subsection [12-4A-10-C1e], the Police or Fire Department or
Code Enforcement Officer may determine that a gate is not being properly maintained if the gate is
rusted or deteriorated or if the condition of the gate poses a threat to health, safety or welfare in
any manner.
2. Chain-link Fences.
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a. Exception to Height. chain-link fences used for the enclosure of tennis courts may be a maximum of ten
feet (10’) in height and may not be located within the required front yard setback.
b. Barbed Wire Fences Prohibited. Chain-link fences must be constructed in such a manner that no
barbed ends shall be at the top.
Figure 12-4A-8.1 Residential Fence Requirements
D. Fences In Business, and Industrial Zoning Districts and Public/Semi-Public Overlay District.
1. Height. Fences may be erected along the property line and to a maximum height of six feet (6’).
2. Specifications. Fences on Business, Industrial and PSP-O properties abutting a Residential Base Zoning
District must be erected a minimum of six inches (6”) from the property line, must be one hundred percent
opaque, and may not exceed six feet (6’) in height, except for those provided in Subsection [12-4A-D3] of
this Section.
a. If the required fence is adjacent to a public right-of-way it must be a minimum of three (3) feet in height
and a maximum of four feet (4) in height, and must be erected and maintained in the front portion of the
lot or along the side or rear property line that abuts the Residential Base Zoning District.
b. If a Business, Industrial or PSP use has a required off-street parking lot with six (6) or more vehicles,
and the parking lot is located abutting a Residential Base Zoning District, a fence, not over six footeet
(6') in height nor less than four feet (4’) fence must shall be erected along the required parking setback
line, and any fence in the front yard must meet the standards in (a.) of this subsection. The required
fence must be a minimum of 7580 percent opaque.
3. Conditional Use Permit for Certain Fences. Fences over six feet (6’) in height or fences with a security arm
or barbed wire must obtain a Conditional Use Permit.
E. Permitted Encroachments onto Public Ways. Notwithstanding the other requirements of Subsection B, C or D ,
fences between four feet (4’) in height and six feet (6’) in height may be allowed to encroach into rear yards of
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corner and through lots or side yards of corner lots through administrative approval by the Public Works Director
and Zoning Administrator (or their assigns) when said yard abuts a public street; provided that the fence is not be
constructed on a public easement for street, utility, or drainage purposes.
12-4A-11 Signs
A. Purpose. The purpose of this Section is to regulate the size, placement and visual appearance of signs in the City.
Signs are a permitted accessory use in all Zoning Districts subject to the following regulations.
B. Permit Requirements.
1. Permit Required. Except as herein exempted, no person, firm or corporation shall install, erect, relocate,
modify, alter, or change the color on any sign in the City without first obtaining a permit.
2. Application. Application for permits must be made in writing upon printed forms furnished by the City, and
must be accompanied by a complete description of the sign, its proposed location, the manner of
construction and materials used in the sign, a sketch of the sign and such other information as the Code
Enforcement Department deems necessary.
3. Enforcement. In addition to any other remedies available to the City, a triple fee shall be charged if a sign is
erected without first obtaining a permit for such sign.
4. Exemptions. No permit is required for the following signs; provided, however, that all signs herein exempted
from the permit requirements must conform with all other requirements of this ChapterZoning Ordinance:
a. Signs erected by a governmental unit.
b. Signs which are entirely within a building and not visible from outside the building.
c. Address, nameplate and/or identification signs having an area of two (2) square feet or less.
d. Garage sale, rummage sale and other similar temporary signs in conjunction with the sale of household
goods and materials from private residences.
e. Real estate signs as regulated in Subsection [C] of this Section.
f. Election signs as regulated in Subsection [G] of this Section.
g. Holiday displays are not considered signs for the purposes of this Section.
C. Real Estate Signs.
1. For purposes of selling or leasing property, a sign with a maximum of 15 square feet per surface may be
placed within the front yard of the property to be sold or leased.
2. For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a commercial
area of three (3) acres or more, or an industrial area of ten (10) acres or more, or a commercial building, or
an industrial building one the total sign area to promote the project or building shall not to exceed 100
square feet of advertising surface. may be erected upon the project site. For any new development, Ssuch
sign shall not remain after 90 percent of the project is developed or occupied.
a. A banner or other sign affixed to a building may be permitted provided such sign is temporary and is
removed once the property is bought or leased. Such banner may only promote a real estate
transaction of the subject property.
D. Temporary Signs. There shall be no more than one temporary (3 months or less) sign on any lot. The maximum
total area of such sign is 25 square feet.
E. Prohibited Signs. Unless a sign is specifically permitted under this Chapter, the sign is prohibited. By way of
example and not by way of limitation, the following signs are specifically prohibited:
1. Signs within the public right-of-way or easement; except, that the City Council may grant an
ConditionalInterim Use Permit to locate signs and decorations on or within city right-of-way for a specified
time not to exceed 60 days.
2. Illuminated flashing signs within the RE, R-1, R-2, R-3, MU, B-1 or B-2 Base Zoning Districts.
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3. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or
concentration of rays or lights greater than two (2) square feet in area.
4. Any sign that, by reason of position, shape or color would interfere in any way with the proper functioning or
purpose of a traffic sign or signal.
5. Signs painted directly on the outside wall of buildings.
6.5. Signs painted on fences, rocks, or similar structures or features.
7. Paper and similar signs attached directly to a building wall by an adhesive or similar means.
8.6. Feather flag signs.
9.7. Animated signs, lighter than air inflatable devices, string lights, strip lighting outlining structures, and signs
attached or mounted on a vehicle parked primarily for use as a sign.
10.8. Roof signs.
F. Nonconforming Signs. Signs existing on the effective date of this Chapter which do not conform to the regulations
set forth in this Chapter or any previous ordinance are nonconforming uses.
G. Election Signs.
1. Election signs are permitted on private property in any Base Zoning District, provided such signs are
removed within ten (10) days following the State General Election or within ten (10) days following the
election the sign relates to in a year during which no State General Election is held.
2. No election sign shall be permitted in any Residential Base Zoning District 46 days or more before the state
primary in a State General Election year, or more than one month preceding the election the sign relates to
in a year during which no State General Election is held.
3. No election sign shall be permitted on election day within 100-feet of a building in which a polling place is
situated or anywhere on public property on which a polling place is situated. This restriction does not apply
to adjacent private property.
H. Signs In Residential Base Zoning Districts. Within any Residential Base Zoning Districts, the following signs are
permitted:
1. One nameplate sign per dwelling unit. Such sign shall not exceed two (2) square feet in area per surface,
and no sign shall be so constructed as to have more than two (2) surfaces.
2. One nameplate sign for each dwelling group of six (6) or more units. Such sign shall not exceed six (6)
square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces.
3. One nameplate sign for each permitted use or use by Conditional Use Permit other than residential use, and
such sign shall not exceed 12 square feet in area per surface.
a. By Conditional Use Permit, a nonresidential use in a Residential Base Zoning District which is allowed
either as a Permitted or Conditional Use may qualify for a second nameplate sign, provided that each of
the following requirements are met:
(i.) The parcel on which such a sign is proposed must be a minimum of 40 acres.
(ii.) The parcel on which such a sign is to be located must have frontage on at least two (2) public
roadways.
(iii.) No more than one sign may be allowed to be oriented toward any one public roadway.
(iv.) The sign may be a maximum of 100 square feet in area per surface.
(v.) The sign may be a maximum of nine feet (9’) in height from the average natural grade at the base
of the sign.
(vi.) The sign may be illuminated, provided the direct source of light is not visible from the public right-
of-way or any adjacent Residential Base Zoning District.
(vii.) The sign may not be constructed as an internally lit cabinet.
(viii.) The sign must be constructed in a monument style fashion, including a base of natural stone,
brick or other masonry material.
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(ix.) The sign area shall be landscaped with materials subject to a plan submitted with the CUP
application and approved by the City Council.
(x.) Lighting of the sign must be limited from dusk to twelve o'clock (12:00) midnight.
4. By Conditional Use Permit, a use in a Residential Base Zoning District which is allowed either as a Permitted
or Conditional Use may qualify for a wall sign in addition to a nameplate sign, provided that each of the
following requirements are met:
a. The parcel on which such a sign is proposed must be a minimum of five (5) acres.
b. The sign is a maximum of 100 square feet in area.
c. The sign may be illuminated, provided the direct source of light is not visible from the public right-of-way
or any adjacent Residential Base Zoning District.
5. Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be
illuminated by floodlights, provided the direct source of light is not visible from the public right-of-way or any
adjacent Residential Base Zoning District.
6. Any sign over 100 square feet must be set back a minimum of 10 feet from any property line. The maximum
height of a sign above the average grade level is 10 feet. Signs may be illuminated, but such lighting must
be diffused or indirect and the direct source of light may not visible beyond any lot line.
I. Signs in the Public/Semi-Public (PSP) Overlay Zoning District.
1. Within the PSP-O Zoning District, one freestanding electronic display sign, is permitted provided that each of
the following requirements are met:
a. The parcel, or campus containing contiguous parcels, on which the sign is proposed must be a
minimum of two (2) acres.
b. The maximum area of the sign is 100 square feet in area per surface.
c. The sign shall not exceed nine feet (9') in height from the average natural grade at the base of the sign.
d. The maximum total area per surface for an electronic display is 50 percent of the sign's total area. Only
one contiguous electronic display area is allowed per surface.
e. The sign must be setback a minimum of 10-feet from any external property boundary line and must be
setback a minimum of 50-feet from any abutting Residential Base Zoning District, unless a less intrusive
sign placement can be accomplished. Any deviation from the standard must be approved by the City
Council.
f. The electronic display message may not change more than once every one hour, except for emergency
safety messages. Time, date, or temperature is considered one electronic display when displayed
alone, however it may be included as a component of any other electronic display but cannot change
more than once every three (3) seconds.
g. The hours of operation shall be limited to six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.
h. The electronic display message shall be limited to static letters and numbers. No portion of a message
may contain animation, video or audio, scroll, flash, twirl, fade, or change color.
i. The electronic display area shall be a black background and messages shall not contain more than one
font color.
j. The electronic display message shall be a minimum of four inches (4") in height and must ensure
readability.
k. Messages shall be limited to advertisement of products, events, persons, institutions, activities,
businesses, services or subjects which are located on the premises only or which give public service
information.
l. Malfunctioning signs shall be shut off immediately by the owner. Additionally, the sign owner shall
immediately stop the display if notified by the City that the sign is noncompliant.
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m. The sign shall be constructed in monument style fashion, including a base of natural stone, brick or
other masonry material of at least 24 inches in height from the average natural grade.
n. The base of the sign shall be landscaped and a plan for such landscaping submitted with the applicable
sign permit.
o. The sign shall be equipped with a sensor that detects the ambient light level and adjusts the brightness
of the sign accordingly. Brightness shall not exceed 0.3 foot-candle above ambient light as measured
using a brightness meter from a preset distance depending on the sign size, as indicated in the Table
12-4A-11.1 below:
Table 12-4A-11.1 Sign Area and Distance for Brightness Measurement
Sign Area (square feet) Measurement Distance (feet)
10 32
15 39
20 45
25 50
30 55
35 59
40 63
45 67
50 71
55 74
60 77
65 81
70 84
75 87
80 89
85 92
90 95
95 97
100 100
Measurement distance = v (sign area x 100)
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2. By Conditional Use Permit, a Public/Semi-Public use in the RE, R-1 or R-2 Base Zoning Districts which is
allowed either as a Permitted or Conditional Use may qualify for one additional freestanding electronic
display sign, provided that the requirements of [Section 12-4A-11.I.1] are met and each of the following
additional requirements:
a. The parcel, or campus containing contiguous parcels, on which the sign is proposed must be a
minimum of 20 acres.
b. The sign shall not exceed 50 square feet in area per surface and the electronic display area shall not
exceed 50 percent of the sign’s total area.
c. The sign shall be set back a minimum of 300-feet from any external property boundary line.
d. Landscaping shall be installed to provide screening of the sign from any surrounding residential uses.
J. Signs In B-1, B-2 and I Zoning Districts.
1. Nameplates And Business Signs. Nameplate signs and business signs are permitted subject to the following
regulations:
a. [B-1 and Industrial Districts:]
(i.) Within the [B-1 and I] Zoning Districts, the aggregate square footage of such space per lot shall not
exceed the sum of two (2) square feet per front foot of building, plus one (1) square foot for each
front foot of lot not occupied by such building which fronts on a public right-of-way fifty feet (50’) or
more in width. The least width of a lot for purposes of this Chapter shall be the front. No individual
sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be
so arranged and integrated as to cause an advertising surface over one hundred (100) square feet.
(ii.) Where a Business Zoning District includes a theater, additional sign surface area may be permitted
for the exclusive use of the theater. The total aggregate surface area permitted for theaters
including any pylon, marquee or other signage shall not exceed two hundred (200) square feet.
b. [B-2]: Within the B-2 Zoning District, the aggregate square footage of sign space per lot shall not
exceed the sum of one (1) square foot per front foot of building plus one (1) square foot for each front
foot of lot not occupied by a building. No individual sign shall exceed 50 square feet in a B-2 area.
2. Pylon Or Monument Sign. The erection of one (1) pylon or monument type sign for any single lot in the [B-1,
B-2, and Industrial] Zoning Districts is permitted under the following provisions:
a. A pylon or monument sign in the [B-2] Districts shall not be higher than twenty feet (20’); and those in
the [B-1 and Industrial] Districts may not be higher than twenty- five feet (25’) above the average grade
level at the base of the sign.
b. No part of the pylon or monument sign in any Business or Industrial Zoning District may be less than 10
feet from lot lines or less than five feet (5’) from any driveway or parking area.
c. The maximum gross area of any surface of a pylon or monument sign in the [B-2] Zoning District is 80
square feet; and the maximum gross area of any surface in the B-2 or I Zoning District is 100 square
feet.
3. Murals or Similar Wall Sign Displays. A mural or wall sign display including lettering, graphics or other
promotions of the business may be permitted with an Interim Use Permit. The design must promote a
business that is operational within the structure and may not promote or advertise a specific product.
3.4. Electronic Displays at Motor Fuel Stations. Electronic displays, including light emitting diodes (LED), or
similar technologies may be permitted at motor fuel stations under the following conditions:
a. The characters in an electronic display must be a uniform color.
b. Any electronic display may contain a maximum of four (4) characters.
c. The maximum total area for an electronic display is six (6) square feet.
d. The text of the sign may not change more than three (3) times in a day (24 hours).
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e. The electronic display shall be allowed only during the hours of operation approved in the Conditional
Use Permit for the motor fuel station.
f. Any existing motor fuel station seeking a permit for electronic display of fuel prices must obtain an
amendment to their Conditional Use Permit.
4.5. Comprehensive Sign Plan. A comprehensive sign plan shall be provided for industrial developments. Such
plan, which must include the location, size, height, lighting and orientation of all signs must be submitted to
the Planning Commission for preliminary plan approval regulations. Provided such a comprehensive plan is
presented, exceptions to the sign performance standards of this Chapter may be permitted if sign areas and
densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception
results in an improved relationship between the various parts of the plan.
ARTICLE B. STANDARDS APPLICABLE TO RESIDENTIAL DISTRICTS (RE, R-1, R-2 AND R-3)
12-4B-1 Lot and Building Provisions
A. Purpose. The purpose of this Section is to define existing lots of record and to establish the orientation and
general development of a lot used for residential purposes.
B. Existing Lots of Record, Buildable. A lot of record existing upon the effective date of this Chapter in a Residential
Base Zoning District, that does not meet the area or width requirementscriteria established in Section [12-2B-3
Subd. D], may be used for a single-family detached dwelling, provided that the measurements of such area or
width meet a minimum of 70 percent of the requirements of the Base Zoning District in which the lot is located.
The lot of record may not be developed more intensely than permitted by the Base Zoning District unless
combined with one or more abutting lots, or portions thereof, and the resulting lot meets the requirements of the
Base Zoning District.
C. Buildings on a Lot. Except in the case of planned unit developments and multi-family development as provided for
in subsequent sections, each lot may contain a maximum of one principal building.
D. Orientation of Principal Building. If a Principal Building is visible from the public right-of-way, it must be constructed
to follow the Character standards of the Base Zoning District in which the structure is located.
E. Through Lots. On a through lot, both street public right-of-way lines shall be front lot lines for applying the yard
requirements and parking regulations of the Base Zoning District in which the lot is located.
12-4B-2 Single-Family Detached and Attached Building Requirements
A. Purpose. The purpose of this Section is to establish general standards for single-family detached and single-family
attached buildings to support and maintain the character of the neighborhood. The following standards are
established.
B. Single-Family Attached and Detached Buildings.
1. Building Standards.
a. Floor Area. All single-family dwellings, with the exception of earth sheltered homes, must contain a
minimum of 1,000 square feet of usable floor area above grade.
b. Dimensions. Single-family detached buildings must contain a minimum of 20-feet in width, exclusive of
porches and other projections. Single-family attached buildings must contain a minimum of 10 feet in
width, exclusive of porches and other projections. The maximum length dimension must not exceed
three (3) times the width dimension.
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c. Basements Required. All single-family detached buildings must have a basement or an exposed
basement under at least 50 percent of the first-floor level. A slab-on-grade home may be permitted with
a Conditional Use Permit.
d. Private Attached Garage Required. One single-level garage with a minimum floor area of 440 square
feet and a maximum area of 1,200 square feet is required for any detached single-family building. All
single-family attached buildings must contain a single-level garage with a minimum floor area of 220
square feet and maximum of 750 square feet.
e. Pitch of Roofs. With the exception of earth sheltered homes, all residential structures must have a
pitched roof of at least 3:12 and a maximum of 9:12.
(1.) Exception. A two-story home may have a roof that is less than 3:12, or a flat roof.
f. First Floor Elevation.
(1.) Construction, including tear-down and redevelopment, of new single-family dwellings and
additions, modifications, and alterations to existing dwellings may not raise the first floor elevation
more than one foot (1') above the existing condition unless a Conditional Use Permit is obtained
[See Subsection 3.]
(2.) In the case of a split-level dwelling, the existing first floor elevation is the lowest elevation of an
entrance to the dwelling, excluding entrances to the garage and those that do not face the street.
(3.) By Conditional Use Permit, the first floor elevation may be increased by more than one foot (1')
from the existing condition in order to meet one or more of the following conditions:
(i.) Elevate the lowest level of the dwelling to an elevation of two feet (2') above the 100-year
flood elevation, as established by the federal emergency management agency (FEMA).
(ii.) Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be
determined by a professional registered engineer in the state of Minnesota or by a certified
hydrologist, and the results provided for review and consideration.
(iii.) Meet State Building Code, City Code or other statutory requirements.
(iv.) Comply with standard engineering practices, including, but not limited to, grading, drainage,
access, or utility connection at the discretion direction of the Public Works Director.
2. Driveways And Parking Areas.
a. A Driveway Permit is required.
b. All curb cuts for driveways in connection with single-family detached and single-family attached
dwellings must conform with this Chapter and the specifications set forth on City driveway detail sheets.
A plan showing proposed curb cuts and driveway location and design must be submitted for all new or
reconstructed driveways.
c. All driveways, required off-street parking spaces, and other areas intended to be utilized primarily for
parking purposes must be surfaced with concrete or bituminous surfaces.
d. Driveways must be a minimum of five feet (5') from side lot lines and a maximum of 25-feet wide where
the driveway intersects the right-of-way line. All driveways constructed to serve single-family dwellings
on corner lots must be set back a minimum of 30-feet from the property lines adjacent to the street
corner. A Variance is not required if an existing driveway that was conforming at the time of construction
that violates these setback requirements is reconstructed in the same location as the original driveway,
including pavement and base material, provided a proper construction permit is obtained from the City.
(See Figure [12-4B-2.1])
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Figure 12-4B-2.1 Driveway Requirements
3. Landscape Standards. All single-family detached or attached lots must comply with the following landscape
standards.
a. New construction, including teardown and reconstruction, of single-family detached or attached
structures are required to plant a minimum of one overstory deciduous tree per 50-feet of lineal frontage
of public street. The required trees must be planted in the front yard of the lot. A list or reference of trees
that meet this requirement are contained within Title 15. Environmental Standards of the City Code.
b. All lots must be planted with an acceptable ground cover, or a landscape plan must be submitted for
review and approval by the Natural Resources Commission, as defined in Title 15. Environmental
Standards.
c. All retaining walls, gazebos, or other landscape structures as defined in 12-3B-1.1 Table of Uses for
Accessory Uses must comply with all setback requirements and must obtain an Administrative Permit.
4. Screening of Certain Materials. All waste material, debris, refuse, garbage, fuel including woodpiles of two
(2) cords or larger (a cord is 4 feet x 4 feet x 8 feet), or materials not currently in use for construction must be
stored indoors or totally screened from the eye level view from the public right-of-way and any adjacent
properties.
5. Construction and Building Plans.
a. Any construction of a new detached or attached single-family building must obtain a Building Permit.
The Building Permit must be accompanied by a Site Plan and any other information necessary to
confirm that the building complies with the Base Zoning District in which it is located. Single-family
attached buildings must comply with the standards established in Section [12-4B-3] of this Chapter.
b. All construction activities, including additions to existing structures, are required to comply with the
requirements below. Failure to comply with any of the requirements may result in issuance of stop work
orders, fines, revocation of contractor licenses, and enforcement of the penalty provisions in Section
[12-5E-2] of this Zoning Ordinance.
(1.) Hours of operation for exterior construction activities are limited to seven o’clock (7:00) A.M. to
eight o’clock (8:00) P.M. Monday through Friday and nine o’clock (9:00) A.M. to five o’clock (5:00)
P.M. on weekends.
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(2.) An erosion and sediment control plan must be approved by the Public Works Director to be
implemented and properly maintained at all times, in accordance with Title [14, Chapter 1] of this
Code the City’s land disturbance guidance document.
(3.) Streets and surrounding properties shall be free of debris and mud at the end of each workday.
(4.) Dumpsters placed on site for more than ten (10) consecutive days during construction activities
must be covered or have lids that close and secure to contain debris.
(5.) Storage of construction and landscaping materials, dumpsters, portable restroom facilities, and
other equipment within the right-of-way is prohibited.
(6.) The permit holder must repair any damage to public or private property within three (3) working
days from a notice being issued by the City.
(7.) Contractor vehicle parking is limited to one side of the street to allow adequate space for two-way
traffic, emergency service vehicles, and City maintenance vehicles.
12-4B-3 Attached and Multi-Family Residential Building Requirements
A. Purpose. The purpose of this Section is to establish standards for multi-family buildings and their lots to ensure
that multi-family buildings are compatible with surrounding developments and neighborhoods. The following
standards are established.
B. Building Standards. In any multi-family building that contains more than five (5) attached dwelling units each unit
must comply with the minimum Floor Area requirements established in Table [12-4B-3.1].
Table 12-4B-3.1. Minimum Floor Area by Unit Type
Unit Type Minimum Floor Area
Efficiency units Not allowed
1 bedroom units 700 square feet
2 bedroom units 800 square feet
3 bedroom units 1,000 square feet
C. The minimum lot area per unit is regulated by Base Zoning District contained in Chapter 2 of this Zoning
Ordinance. The total minimum lot area required may be decreased by 300 square feet for each parking space that
is provided underground to serve a multi-family building.
D. Off-Street Parking Requirements for Multi-Family Buildings. In addition to the applicable provisions of [12-4A-9] of
this Chapter the following requirements shall apply:
1. Number and Design of Parking Spaces. A minimum of one (1) parking space per unit must be fully enclosed.
Parking spaces must comply with all parking regulations for size, location, and other standards.
2. Setbacks. Surface parking lots, or other unenclosed parking spaces, must be setback a minimum of 40-feet
from the public right-of-way. Surface parking areas must be setback a minimum of 10-feet from any principal
building.
3. Driveways And Aisles.
a. Driveways shall be a minimum of 50 feet from any street intersection.
b. Screening. Parking areas which serve buildings housing three (3) or more dwelling units which are
contiguous to or across a street from single- or two-family units must be screened with a four-foot (4’)
wall of masonry or wood. Such wall shall be at least 85 percent opaque.
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E. Architecture and Building Design Standards. The following minimum design standards are established for multi-
family buildings:
1. Design Standards.
a. All multi-family buildings must be designed and constructed with four-sided architecture.
b. The exterior façade of any multi-family building must be designed to eliminate large blank or expansive
walls without architectural detail or interest. Each building must include, at a minimum, some articulation
or detail between floors that may include changes in materials, color, balconies or other architectural
details.
c. No wall may extend more than 40-feet without a plane or material break. If a plane break is designed, it
must include a minimum of one (1) foot of relief between the planes.
d. Each building must include a clear entry and front façade. Such entry must be clearly articulated and
facing the primary above ground access.
e. All accessory or ancillary buildings including garages must be designed and constructed with facing
materials of the same quality as those used in the Principal Building.
2. Construction and Building Plans.
a. Any multi-family buildings must be constructed only in conformance to building and site plans certified
by a registered architect. The Site Plan may be prepared by a professional site planner, but a registered
architect must certify that they have personally reviewed the site and designed the proposed buildings
in accordance with the Site Plan, the terrain and neighboring conditions. The following plans must be
submitted, reviewed and approved prior to a Building Permit being granted:
(1.) Complete details of the proposed site development, including location of buildings, driveways,
parking spaces, dimensions of the lot, lot area and yard dimensions.
(2.) Complete plans for proposed sidewalks to service parking, recreation and service areas within the
proposed development.
(3.) Complete plans for stormwater drainage systems sufficient to drain and dispose of all surface
water accumulations within the development area.
(4.) Complete structural, electrical and mechanical plans for the proposed building(s).
(5.) Complete plans and specifications for exterior wall finishes proposed for all principal and accessory
structures.
b. Landscape Standards. Any new multi-family development or PUD including multi-family attached units
must comply with the landscape standards as established in Section [12-4A-5] Landscape
Requirements of this Chapter.
12-4B-4 Outside Storage of Personal Recreational Equipment in Residential Districts
A. Purpose. The purpose of this Section is to regulate the unenclosed storage of Personal Recreational Equipment
on a residential lot. The following standards are established for all principal residential uses within the RE, R-1,
and R-2 Zoning District.
B. General Provisions. The outside storage of recreational equipment is permitted in a maximum of one side yard, or
in a rear yard in all Residential Base Zoning Districts; provided, that the following conditions are met:
1. Any storage in a side yard shall not be adjacent to a public right-of-way unless the exceptions as noted in
subsection C are met; and
2. Outside of Aall required yard setbacks. requirements must be met.
3. Outside storage of vehicles and recreational equipment not originally constructed for recreational use isare
not be permitted.
4. The storage of recreational vehicles must comply with the standards of the Property Maintenance Code.
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C. Exception for Corner Lot. Recreational equipment may be stored in a side yard abutting a right-of-way provided
the following conditions are met:
1. There is not adequate area on the interior side yard to store the equipment, or construct a driveway, and
meet the required yard setback.
2. The storage area must be fully screened from the right-of-way by either an opaque fence or coniferous
vegetation.
C.D. Personal Recreational Equipment shall include the following:
1. Boats and canoes.
2. All-terrain vehicles.
3. Trailers for the transportation of boats, canoes and all-terrain vehicles.
4. All motor vehicles designed, constructed, or used to provide temporary, movable living quarters for
recreational use.
5. Travel trailers.
6. Snowmobiles.
7. Utility trailers.
D.E. Parking and Storage of Recreational Camping Vehicles. The following additional standards for personal
Recreational Camping Vehicles are established:
1. The Recreational Camping Vehicle must be parked on a paved surface.
2. In the case of a residential subdivision surrounding a lake or pond, rear yard storage is prohibited where
neighbors can see it from across the water unless it is adequately screened.
3. All Recreational Camping Vehicles stored or parked outside must be adequately screened from abutting
residential properties.
4. Prohibitions. It is unlawful for any person to park or store a recreational camping vehicle:
a. On a residential driveway when the recreational vehicle is greater than ten feet (10') in height, 23-feet in
length or 6,500 pounds.
b. On a public street or in a public right-of-way.
5. Exceptions; Special Temporary Permit.
a. A special temporary permit may be issued by the City for the temporary parking of one mobile home or
recreational camping vehicle on a residential driveway for a period not to exceed ten (10) days.
b. No more than four (4) permits per year may be issued to any one residence and cannot be issued
consecutively (there must be at least 14 days between permits).
c. Vehicles parked on the driveway must be placed 15-feet from the roadway to allow for visibility of traffic,
and vehicles must have a permit.
d. Vehicles stored outside must be licensed and operable.
ARTICLE C. STANDARDS APPLICABLE TO OVERLAY DISTRICTS
12-4C-1 Public Semi-Public Overlay District (PSP-O)
A. Purpose. The purpose of this Section is to describe the standards and flexibility from the Base Zoning District
standards for properties located in the Public Semi-Public Overlay district.
B. Applicability. All uses and standards established in the Base Zoning District shall apply, and the areas of flexibility
identified herein shall only apply to those uses categorized on Table [12-3B-1.1]. Table of Uses as “Public/Semi-
Public Uses.”
C. Yard Setback Provisions.
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1.All Principal Buildings and Accessory Buildings must comply with the setback standards established in
Chapter 2 of the applicable Base Zoning District, and Chapter 3, whichever is more restrictive. Any proposed
deviation from the required setbacks shall require a Conditional Use Permit.
D.Design and Building Standards.
1.Minimum Lot Size: 1.0 Acres
2.Height: The maximum height of a Principal Building for an established PSP-O use determined by the Base
Zoning District height requirements. A Principal Building that exceeds the height of the Base Zoning District,
up to a maximum of 40 feet, is permitted by Conditional Use Permit.
3.Accessory Structures: All accessory buildings must comply with the Base Zoning District standards, unless a
Conditional Use Permit is obtained.
a.Accessory Buildings must be designed to be compatible with the design and character of the Principal
Building.
b.Accessory Buildings must be accessory to the Principal Building. If no Principal Building is present, a
Conditional Use Permit must be obtained.
4.Screening or Buffering. Screening from Residential Base Zoning District. A screening plan is required along
the property line of any PSP-O district that abuts a Residential Base Zoning District, unless the owner can
demonstrate that there is no adverse impact to the residential use.
12-4C-2 Floodplain Overlay District (FP-O)
A.Purpose. The purpose of this Section is to establish that certain lands in the City are located within a Floodway,
Flood Fringe which is commonly referred to as the Floodplain. Land that is located within the Floodplain Overlay
District are subject to additional standards and regulations.
B.Applicability. The Floodplain Overlay District standards are applicable to that portion of a property, lot, or land that
is contained within the mapped floodplain area established by FEMA. Land within the FP-O is regulated by the
Base Zoning District in which the property is located and is subject to the FP-O standards, and the more restrictive
standards shall apply.
1.The FP-O District standards and regulations are established in Title 15. Environmental Standards.
ARTICLE D. STANDARDS APPLICABLE TO BUSINESS, INDUSTRIAL AND PUBLIC SEMI-PUBLIC USES
12-4D-1 Lot and Building Standards.
A.Purpose. The purpose of this Section is to establish general lot and building standards for all non-residential
buildings in the City.
B.Applicability. The following standards are applicable to all properties within the B-1, B-2, Industrial and PSP
Zoning Districts. The standards are also applicable to any Principal non-residential uses in a Base Residential
Zoning District.
C.Corner Lots. On a corner lot, each side abutting a public street right-of-way is determined to be a front yard and
the use must comply with the applicable setback requirements established in the Base Zoning District in which the
property is located.
D.Building Design and Construction. All buildings or structures must meet the following standards:
1.Exterior Surfaces, Including Roofs. Buildings must be finished on all sides with permanent finished materials
of a quality consistent with the standards set in the Base Zoning District in which it is located. Exterior wall
surfaces must comprised of one or more of the following:
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a. Face brick or natural stone.
(1.) Professionally designed precast concrete units, if the surfaces have been integrally treated with an
applied decorative material or texture, or
(2.) Decorative block, if incorporated in a building design which is compatible (in terms of exterior
design, materials, and colors) with other development throughout the Zoning District.
b. Factory fabricated and finished metal framed modular panel construction, if the panel materials are any
of those listed in Subsection [C1a] of this Section, glass, prefinished metal (other than unpainted
galvanized iron) or plastic used in accordance with the Building Code requirements.
c. No building exterior shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated
aluminum.
d. Any proposed deviation from these standards shall require a variance.
2. Subsequent Additions and Other Structures. Subsequent additions and other buildings or structures
constructed after the erection of the original building or structure shall be constructed of materials
comparable in quality and appearance to those used in the original construction, and must be designed
consistent with the original architectural design and general appearance.
3. Accessory Buildings; Walls. Garages, Accessory Buildings, screen walls, and exposed areas of retaining
walls must be of a similar type, quality and appearance as the Principal Building.
4. Compatibility with other Buildings. All buildings must be compatible (in terms of exterior design, materials,
and colors) with the character of the other structures and buildings in the surrounding area.
5. Off-Street Parking and Loading. Design and maintenance of off-street parking and loading areas must
comply with [Section 12-4A-7 and 12-4A-9] of this Chapter.
6. Storage of Materials.
a. All trash and trash handling equipment shall be stored within the Principal Building or within an attached
Accessory Building that is accessible from the inside of the Principal Building.
b. No outdoor storage of either materials or products is permitted, except if approved by a Conditional Use
Permit or where expressly allowed in the Base Zoning District.
7. Screening of Mechanical Utilities. Whenever possible, rooftop mechanical units must be a low profile design.
All ground level and rooftop mechanical utilities, other than low profile rooftop units, must be completely
screened with one or more of the materials used in the construction of the Principal Building. Where
practicable, rooftop screening shall be accomplished through the use of parapet walls.
8. Screening of Vehicle Lights. The light from automobile headlights and any other sources on a site must be
screened if through regular site use and operations such light is directed onto or at abutting residential uses.
Screening must comply with the standards in Section [12-4D-2].
E. Industrial (I) Zoning District Requirements.
1. No development of any lot or combination of lots in the Industrial Base Zoning District may be commenced
and no Building Permit will be issued until all of the following requirements have been met:
a. Plan and Specifications.
(1.) Site Plan, Building Plans, and Specifications. A complete Site Plan, building plans and
specifications prepared by a registered architect shall be submitted for review and approval. The
architect must certify that the plans were prepared specifically for the subject site. The Site Plan
must include the location of buildings, driveways, driveway intersections with streets, parking
areas, loading areas, sidewalks, curbs, and screening as required by this Chapter.
(2.) Grading Plans. Site grading plans must be submitted indicating existing and proposed grades and
provisions for surface drainage.
(3.) Signs. Proposed design, location, size and lighting of all signs, if any, must be submitted.
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(4.) Landscaping Plans. Landscape Plans consistent with the requirements of Section [12-4A-5] of this
Chapter.
(5.) Additional Materials. Plans and specifications shall include any additional material required by the
City to ascertain compliance with the performance standards specified in this Chapter and any
other requirements of this Zoning Ordinance.
b. Bond. A bond or bonds guaranteeing performance of construction elements required to comply with this
Chapter shall be given in amounts determined by the City to be sufficient to reasonably ensure
compliance with the provisions of this Chapter.
2. Site and Structure Requirements.
a. Yards where Railroad Tracks abut a Lot. Where a lot has a railroad trackage abutting the interior side
lot line or rear lot line, there shall be no side or rear yard requirement abutting the trackage in providing
a railroad loading facility.
b. Fences for Industrial Base Zoning District abutting a Residential Base Zoning District. Whenever a
property zoned Industrial abuts a Residential Base Zoning District, a fence must be erected along the
property line that may be 100 percent opaque with a maximum height of six feet (6').
12-4D-2 Screening
A. Purpose. The purpose of this Section is to establish standards that mitigate the potential adverse impact between
properties where the uses may not be compatible without some visual buffering or screening.
B. General Provisions.
1. Opacity of Screening and/or Buffering. All required screening or buffering identified in this Chapter may be
achieved with fences, walls, earth berms, hedges or other landscape materials. The required screen must
provide the minimum opacity established in the applicable Section, and if not clearly stated, must provide a
minimum opacity of 90 percent during all seasons.
2. Screening or Buffering Required.
a. Principal buildings, and any Accessory Building or structure used for business or industrial use must
provide a buffer along the adjacent property line of any Residential Base Zoning District.
b. Off-street parking facilities containing six (6) or more spaces located within 50 feet of a right-of-way or
abutting any Residential Base Zoning District must install a buffer/screen along the property line.
c. Outside storage that is allowed by other provisions of this Chapter must provide a buffer to screen the
outdoor storage area from the public right-of-way or any abutting Residential Base Zoning District.
d. External loading and service areas must be completely screened from the ground level view from
contiguous properties and the public right-of-way, except at driveway access points.
3. Slope Of Berms. Earth berms shall not exceed a slope of three to one (3:1).
12-4D-3 Lighting
A. Purpose. The purpose of this Section is to regulate the placement and intensity of light fixtures in the non-
residential zoning and districts and non-residential uses in the City. The following standards are established.
B. Light Spillage at Property Line. Light fixtures that are used for illuminating parking areas, loading areas or storage
yards or for safety and security purposes may not exceed the following values:
1. A reading of 0.2 foot-candle at the property line if the abutting use is a commercial or industrial use or public
right-of-way.
2. A reading of zero (0) foot-candles at the property line if the abutting use is Residential or if the abutting
property is a Residential Base Zoning District.
3. A photometric plan may be requested to demonstrate compliance with the standards stated in this Section.
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C. Fixture Type. The following standards shall apply to all fixtures in the Business and Industrial Base Zoning
Districts:
1. All fixtures must be hooded and downcast.
2. Any pole or structure on which a light is affixed may not exceed 24 feet in height unless a Conditional Use
Permit is obtained.
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CHAPTER 5: ADMINISTRATION AND CONFORMANCE
ARTICLE A. GENERAL PROVISIONS AND ADMINISTRATION
12-5A-1 Administration and Enforcement Officials
This Chapter shall be administered and enforced by the Zoning Administrator, Public Works Director, City Attorney,
Planning Commission and City Council as described herein.
12-5A-2 Duties of a Zoning Administrator
The Zoning Administrator shall enforce this Zoning Ordinance and require that:
A. All Building Permits are reviewed by the Building Official, and as necessary the Zoning Administrator, to determine
compliance with the terms of this Zoning Ordinance.
B. Inspections of buildings and use of land are conducted by the Building Official, and as necessary Zoning
Administrator, to determine compliance with the terms of this Zoning Ordinance.
C. Permanent and current records of this Zoning Ordinance are maintained, including, but not limited to, all maps,
amendments, Conditional Uses, Variances, and any Appeals and Land Use Applications.
D. All applications for Appeals, Variances, Conditional Uses, or other matters are received, dated, filed and
forwarded to the designated City Officials.
E. The Zoning Administrator or the City Attorney shall institute in the name of the City appropriate actions or
proceedings against a violator of this Zoning Ordinance as provided by law.
12-5A-3 Appeal of Zoning Administrator Decision
A. Board of Appeals to Zoning Administrator Decision. The Planning Commission is designated as the Board of
Zoning Appeals for any appeal of a decision made by the Zoning Administrator. The Board of Zoning Appeals
must make a determination that is consistent with this Zoning Ordinance and the adopted Comprehensive Plan.
Such appeals are limited to final decisions authorized to be made by the Zoning Administrator, such as: appeal
the location of the boundary of a Zoning District as shown on the Zoning Map, an order, a permit, specific
requirements or zoning related decisions.
B. Time For Filing Appeal. An appeal to a decision made by the Zoning Administrator must be filed within 90 days.
The Applicant, Owner, other interested person, or officer of the City affected by the decision may appeal to the
Planning Commission by filing a written notice stating the action and the specific grounds upon which the appeal
is made. Such time limit does not apply to any prosecution for violation of this Zoning Ordinance.
C. Hearings. The Planning Commission, as the Board of Zoning Appeals, may conduct a hearing as it determines is
necessary and will determine what notice, if any, shall be given of such hearing.
D. City Council Action.
1. The City Council may review and revise any decision of the Board of Zoning Appeals. In reviewing such
decisions, the City Council shall set a date for hearing no earlier than seven (7) days or more than 30 days
after the decision is made by the Board of Zoning Appeals.
2. Notice of the hearing before the City Council shall be mailed to all appellants. Any appeals that involve a
Zoning District boundary lines determination or interpretation of the text of this Zoning Ordinance, must
follow the procedure for a public hearing that requires a minimum of 10-day notice to be published in the
official newspaper and individual notification to property owners within 350-feet of the property.
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ARTICLE B. COMMON STANDARDS OF LAND USE APPLICATIONS
12-5B-1 Purpose and Applicability
A. Purpose. The purpose of this Section is to establish the general process and procedures for all Land Use
Applications that are contained within this Zoning Ordinance.
B. Applicability. This Section shall apply to all Land Use Applications in the City. Table [12-5B-1.1] Land Use
Application Review Procedures provides the requirements and standards for each type of application. The table
provides a reference to the subdivision and/or platting requirements for reference because certain land use
applications such as Planned Unit Development may include a request to plat.
[Table 12-5B-1.1]. Land Use Application Review Procedures
Procedure Public
Hearing 15.99 462.35
8 (Plat)
If City Council is checked, they are the
final decision-making body.
Land Use Application Staff Planning
Commission
City
Council
Administrative Permit X X
Appeal to Administrative Decision X X
Comprehensive Plan Amendment
(Text or Map) X X X X X
Conditional Use Permit X X X X X
Interim Use Permit X X X X X
MRRCA Permit
Administrative X X X
Full Review X X X X X
Planned Unit Development
Concept Plan X X X X
Preliminary Development X X X X X X
Final Development X X X X X
Site Plan
Minor X X
Major X X X X
Variance X X X X X
Zoning Amendment (Text or Map) X X X X X
Subdivision Application
Lot Consolidation/Lot Line Adjustment X X X X X
Minor Subdivision (if plat) X X X X X
Major Subdivision (if plat) X X X X X
Other Applications
Environmental Review X X X
C. Minnesota State Statutory Review Procedures for Land Use Applications and Subdivision. As identified in Table
[12-5B-1.1]. Land Use Application Review Procedures, certain land use applications are subject to the rules of
procedure and deadlines for action as established within Minnesota State Statutes. The City Council shall follow
the rules and requirements as established by the Minnesota State Statute which may be updated from time to
time. The following summary of current statutory requirements is provided.
1. Minnesota State Statute 15.99. Pursuant to Minnesota Statutes 15.99, a land use application shall be
approved or denied within 60 days from the date of its official and complete submission unless extended
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pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statues 15.99, the
City staff is hereby authorized to extend the 60-day time limit by one time period not to exceed 60 additional
days, provided written notice of such extension is provided to the applicant before the end of the initial 60-
day period. Extensions may also be requested by the applicant.
2. Minnesota State Statute 462.358. An application for preliminary plat shall be approved or denied within 120
days from the date of a complete submission unless a time waiver is granted by the applicant. A preliminary
plat may be approved with conditions or denied with written findings. An application for final plat, shall be
approved or denied within 60 days from the date of the complete submission unless a time waiver is granted
by the applicant.
D. Common Procedures for Land Use Applications. The following common procedures are established for any Land
Use Application that is subject to Minnesota State Statute 15.99 that requires the action of the City Council.
1. The Applicant may request a pre-application with the Zoning Administrator to discuss the proposed project
or application.
2. The Applicant must submit the Land Use Application using the official forms
provided by the City, the materials as required on the specific Land Use Application
checklist and the appropriate fees and escrow must accompany the submission.
3. The Zoning Administrator, and other City Staff, will perform a review of all submitted
materials to determine the completeness of the application. Once an application has
been deemed complete, the staff will prepare a review and analysis of the
application for consistency with the City’s ordinances.
4. If a public hearing is required, notice of the public hearing will include a description
of the request. Notice must be published in the official newspaper at least 10 days
prior to the hearing and written notification of said hearing must be mailed at least 10
days prior to all owners of land within 350-feet of the property boundary of the
proposed application. Failure of a property owner to receive said notice(s) shall not
invalidate any proceedings as set forth in this Section.
5. The Zoning Administrator shall instruct the appropriate City Staff to prepare
technical reports where appropriate, and to provide general assistance in preparing
the staff report and recommendation of the action to the Planning Commission and
City Council.
6. The City Staff, Planning Commission and City Council have the authority to request
additional information from the applicant or two obtain expert testimony with the
consent, and at the expense, of the Applicant if additional information is necessary
to establish compatibility with the Comprehensive Plan and applicable sections of
this Zoning Ordinance.
7. The applicant or a representative may appear before the Planning Commission to present information and
answer questions concerning the proposed request.
8. The Planning Commission shall hold the official Public Hearing, if required as indicated on Table [12-5B-1.1]
9. The Planning Commission shall make a recommendation stating its findings and any conditions of the
application to the City Council.
10. The City Council shall consider the recommendation of the Planning Commission, and the City Staff report
and by resolution, make its decision.
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12-5B-2 Comprehensive Plan Amendment
A. Purpose of Comprehensive Plan. The Comprehensive Plan for the City contains objectives, policies, standards
and programs to guide public and private land use, development, redevelopment and preservation for all lands
and waters within the City. The Land Use Plan designates the existing and proposed location, intensity and extent
of use of land for agricultural, residential, commercial, industrial and other public and private uses.
B. Vote Required for Approval. The City Council may, by an affirmative vote of four-fifths (4/5) of all members thereof,
adopt amendments to the Comprehensive Plan.
C. Initiation of Amendment. Proceedings for Comprehensive Plan Amendment shall be initiated by a petition of the
Owner(s) of the actual property. The petition must describe the proposed change of use or proposed modification
to the Comprehensive Plan. The Planning Commission or the City Council may also initiate a proposed change to
the Comprehensive Plan, and the purpose for such proposed change must also be identified.
D. Application for Amendment.
1. Filing Of Application. All applications for a Comprehensive Plan Amendment which are initiated by the
petition of the Owner(s) of a property must be filed in the Office of the City Clerk.
2. Sketch Plan.
a. An application for Comprehensive Plan Amendment must include a Sketch Plan, as described in
Subsection [b.] if the proposed amendment addresses the potential development of a specific parcel of
land.
(1.) Copies: The Sketch Plan must be drawn to-scale and must be scalable. One electronic copy and
one (1) half-scale 11”x17” hard copy must be submitted along with the official Planning Application
form.
b. The maps which are part of the Sketch Plan may be in general schematic form, and must contain the
following information:
(1.) The existing topography of the land.
(2.) Existing and proposed land uses and the approximate location of buildings, utilities, and unique
development features of the site.
(3.) The location of roads and major thoroughfares and proposed access location.
(4.) Public uses, including schools, parks, playgrounds, and other open spaces, if applicable.
(5.) Map with all adjacent parcels or lots that demonstrates how the proposed amendment is
compatible with adjoining uses (both existing and proposed).
c. A narrative must be submitted with the Sketch Plan. The narrative must contain the following
information:
(1.) An explanation of the character of the proposed use of the property.
(2.) A statement of proposed financing for development of the property.
(3.) A statement of the present ownership of all of the property in question.
(4.) A general indication of the expected schedule of development including progressive phasing and
time schedules, if applicable.
(5.) The character and density of dwelling units, if residential development is proposed.
(6.) Estimated industrial acreage and projected employment, if industrial development is proposed.
(7.) Estimated square footage of commercial development, if commercial development is proposed.
(8.) Estimated amount of open space, if proposed.
E. Referral to Planning Commission by City Council. A request for a Comprehensive Plan Amendment may be
initiated by Resolution of the City Council by referring such request to the Planning Commission.
F. Planning Commission Hearing and Recommendation. The Planning Commission shall make a written report to the
City Council stating its findings and recommendations. The City Council may request further information and
report from the Planning Commission.
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G. Action By City Council.
1. The City Council shall not amend the Comprehensive Plan without having first referred it to the Planning
Commission.
2. If the Planning Commission fails to make a report and recommendation to the City Council within 60 days
after referral of the application, the City Council may take action without further awaiting such
recommendation.
3. The City Council may, by resolution adopted by an affirmative vote of four-fifths (4/5) of its members, adopt
and amend the Comprehensive Plan or portion thereof so recommended.
4. The City Council may not officially enact any Comprehensive Plan Amendment until the official review of the
Metropolitan Council is complete and authorization is provided to enact the Amendment.
H. Comprehensive Plan Supersedes Zoning Ordinance. Until such time as this Zoning Ordinance is amended to
conform to the Comprehensive Plan, the Comprehensive Plan shall supersede the provision herein if there is a
conflict between the adopted Future Land Use Plan contained in the Comprehensive Plan and the Official Zoning
Map. The City Council shall take no action in amending this Zoning Ordinance in a manner inconsistent with the
Comprehensive Plan.
12-5B-3 Zoning Amendment (Text or Map)
A. Purpose of Zoning Amendment (Text of Map). An application to amend this Zoning Ordinance or official Zoning
Map allows an Owner or the City to request consideration to modify or change the language or map related to
specific property within the City. All requests must be accompanied by a purpose or reason that such request is
made and how such request is consistent with the Comprehensive Plan.
B. Vote Required for Approval. The City Council may, by a simple majority vote of all members, adopt amendments
to the Zoning Ordinance; except, that where an amendment changes all or part of an existing Zoning District
classification from residential to either commercial or industrial, a four-fifths (4/5) majority vote of all City Council
members is required.
C. Initiation of Amendment. An application to amend this Zoning Ordinance may be initiated by either a petition of the
Owner(s) of property, or by a recommendation of the Planning Commission, or by resolution of the City Council.
D. Application for Amendment. All applications for amendment that are initiated by the Owner(s) of property must be
filed with the Zoning Administrator and must state the reason for the proposed amendment. All applications for a
Zoning Amendment must follow the process as established in Section [12-5B-1D].
E. Planning Commission Hearing and Recommendation. The Planning Commission shall submit a written report to
the City Council stating its findings and recommendations.
F. Action By City Council.
1. Failure of the Planning Commission to submit a report as described shall not invalidate the proceedings or
action of the City Council.
2. At the time of consideration, the City Council may take final action upon the application, or it may continue
the discussion for further investigation provided such action complies with subsection [12-5B-1C] regarding
the applicable State Statutes and ordinances.
3. The City Council may also request further information and a report from the Planning Commission.
12-5B-4 Site Plan
A. Purpose. Most of the Land Use Applications described in this Chapter propose to alter, use, or develop property,
lots or land in the City. The Site Plan Review process will ensure that the proposed use and development of land
complies with the standards and regulations established in this Zoning Ordinance.
B. Applicability. The Site Plan review process shall apply to any development of land located within an Overlay
District, or that is proposed for commercial, industrial or multi-family uses. The Site Plan review process may be
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required and/or submitted as part of another Land Use Application process, and in such cases shall follow the
primary land use application process. All applications for Site Plan will be classified as a Minor Site Plan review or
a Major Site Plan review as follows:
1. Minor Site Plan. The Minor Site Plan process applies to any application that complies with the applicable
Base Zoning District and does not require a Primary Land Use Application or Special Permit. A Minor Site
Plan can be reviewed and approved administratively by the Zoning Administrator.
2. Major Site Plan. The Major Site Plan Review process applies to any application that requires a primary Land
Use Application, such as a Conditional Use Permit or Variance, or a special permit such as a MRCCA permit
(Section [12-6A-4]). The Major Site Plan shall be reviewed concurrently to the Primary Land Use Application
or Special Permit procedures.
3. All Site Plan Review applications, both Minor and Major, must include the following submission materials:
a. Site development plan, which must include:
(1.) Location of all buildings on the subject property including both existing and proposed structures.
(2.) Location of all adjacent buildings located within 350-feet of the exterior boundaries of the property
in question.
(3.) Location and number of existing and proposed parking spaces (if commercial, industrial, or multi-
family use).
(4.) Vehicular circulation (if commercial, industrial, or multi-family use).
(5.) Architectural elevations, including type and materials used of all external surfaces (if commercial,
industrial, or multi-family use).
(6.) Sewer and water alignment, existing and proposed (if commercial, industrial, or multi-family use).
(7.) Location and candlepower of all luminaries (if commercial, industrial, or multi-family use).
(8.) Location of all existing easements.
(9.) Location and size of any proposed permanent signs (if commercial, industrial, or multi-family use).
b. Dimension Plan, which must include:
(1.) Lot dimensions and area.
(2.) Dimensions of proposed and existing structures.
(3.) Typical floor plan and typical room plan.
(4.) Setbacks on all buildings located on property in question.
(5.) Proposed setbacks.
(6.) All impervious surface areas including driveways, parking lots, patios, etc.
(7.) Impervious surface calculation with all proposed improvements.
c. Grading Plan, if any site work is proposed, must include:
(1.) Existing contour.
(2.) Proposed grading elevations.
(3.) Drainage configuration.
(4.) Storm sewer catch basins and invert elevations.
(5.) Spot elevations.
(6.) Proposed road profile.
d. Landscape plan, if any site work is proposed, must include:
(1.) Location, species identification, and diameter of all existing trees, and which trees will be removed.
(2.) Location, type and diameter of all proposed plantings.
(3.) Location and material used of all screening devices.
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12-5B-5 Conditional Uses
A. Purpose. This Zoning Ordinance classifies and divides land into Zoning Districts that regulate dimensional
standards and use of land. The purpose of the Conditional Use Permit is to provide the City with the discretion and
flexibility to achieve the goals and objectives of the Comprehensive Plan and to determine what, if any, uses other
than those specifically permitted in the Zoning Ordinance may be suitable. The Conditional Use must be in
harmony with and identified on the Table of Uses for the Zoning District in which the property it is located, and
reasonable conditions may be established to protect the general welfare, public health and safety of the
surrounding area.
B. Application For Permit. All applications for Conditional Use Permit must include a Major Site Plan as described in
Section [12-5B-4] and must follow the process as established in Section [12-5B-1D].
C. Referral To Planning Commission. The Zoning Administrator shall refer all applications for a Conditional Use
Permit to the Planning Commission. The City Council may, of its own motion, initiate the request for a Conditional
Use Permit and refer the same to the Planning Commission.
D. Planning Commission Hearing and Recommendations. The Planning Commission shall make a written report to
the City Council stating its findings and recommendations.
E. Action by City Council.
1. Grant of Permit. In considering an application for a Conditional Use Permit under this Zoning Ordinance, the
City Council shall consider the advice and recommendations of the Planning Commission. If the City Council
determines that the proposed use will not be detrimental to the health, safety or general welfare of the
community, will not cause serious traffic congestion or hazards, will not seriously depreciate surrounding
property value, and that the same is in harmony with the general purpose and intent of this Zoning
Ordinance and the Comprehensive Plan, the City Council may grant the Conditional Use Permit imposing
reasonable conditions. The City Council may, by an affirmative vote of the majority of all members, approve
a Conditional Use Permit.
2. Denial of Permit. Conditional uses may be denied by resolution of the City Council, and such resolution must
include a finding and determination that the conditions required for approval do not exist.
a. No application for a Conditional Use that has been denied wholly or in part may be resubmitted for a
period of six (6) months from the date of said Order of Denial, except on grounds of new evidence or
proof of change of conditions found to be valid by the Planning Commission.
F. Revocation of Permit. A violation of any condition set forth in a Conditional Use Permit may be determined to be a
violation of this Zoning Ordinance and may result in the termination of the Conditional Use Permit.
12-5B-6 Interim Uses
A. Purpose. The purposes for allowing interim uses are to:
1. Allow a use for an identified period of time until a permanent location is obtained or while the permanent
location is under construction.
2. Allow a use for an identified period of time that reasonably utilizes the property where it is not reasonable to
utilize it in the manner otherwise provided in the Comprehensive Plan or this Zoning Ordinance.
3. Allow a use that is presently acceptable but that, with anticipated development or redevelopment, will not be
acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the
respective Zoning District.
4. Allow a use that is seasonal in nature.
B. Application for Permit. All applications for Interim Use Permit must include a Major Site Plan as described in
Section [12-5B-4] and must follow the process as established in Section [12-5B-1D].
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C. Referral to Planning Commission. The Zoning Administrator shall refer all applications for an Interim Use Permit to
the Planning Commission. The City Council may, of its own motion, initiate the request for an Interim Use Permit
and refer the same to the Planning Commission.
D. Public Hearing and Planning Commission Recommendations. The Planning Commission shall make a written
report to the City Council stating its findings and recommendations.
E. Action by City Council.
1. Grant of Permit. In considering an application for an Interim Use Permit under this Zoning Ordinance, the
City Council shall consider the advice and recommendations of the Planning Commission. The City Council
may, by an affirmative vote of the majority of all members, grant the Interim Use Permit imposing reasonable
conditions and safeguards if it finds that:
a. The proposed use will not be detrimental to the health, safety or general welfare of the community, will
not cause serious traffic congestion or hazards, will not seriously depreciate surrounding property value.
b. The proposed use conforms to the general purpose and intent of this Zoning Ordinance and
Comprehensive Plan, including all applicable performance standards.
c. The date or event that will terminate the use can be identified with certainty.
d. Permission of the use will not impose, by agreement, additional costs on the public if it is necessary for
the public to take the property in the future.
e. The user agrees to any reasonable conditions that the City deems appropriate for permission of
the use, including a condition that the Owner will provide an appropriate financial surety to cover the
cost of removing an Interim Use and any structures upon expiration or revocation of the Interim Use
Permit.
f. The use will not delay anticipated development or redevelopment of the site.
g. The property on which the use will be located is currently in compliance with all applicable City Code
standards.
h. The use is allowed as an Interim or Conditional Use in the applicable Zoning District.
2. Denial of Permit. Interim uses may be denied by resolution of the City Council, and such resolution shall
include a finding and determination that the reasonable conditions required for approval do not exist.
a. No application for an Interim Use which has been denied wholly or in part may be resubmitted for a
period of six (6) months from the date of said Order of Denial, except on grounds of new evidence or
proof of change of conditions found to be valid upon recommendation of the Planning Commission to
the City Council.
F. Revocation of Permit. An Interim Use Permit may be revoked by any of the following: whichever occurs first:
1. A violation of any condition set forth in an Interim Use Permit, which may also be considered a violation of
this Zoning Ordinance.
2. A violation of laws of the United States or the State of Minnesota, or this Zoning Ordinance.
3. If after approval it is discovered, the Permit was issued based on false, misleading, or fraudulent information.
4. An amendment to this Zoning Ordinance that prohibits the use, which is applicable upon the termination date
of the Interim Use Permit.
5. The use becomes in conflict with the Comprehensive Plan.
6. The expiration date or occurrence of any event(s) stated in the Interim Use Permit for termination of the use.
7. The use has ceased for a continuous period of at least twelve (12) months.
8. The use has not commenced or a Building Permit for a structure to support the use has not been issued
within one year after approval of the Interim Use Permit.
G. Notice of Revocation. Upon occurrence of the date or event for termination of the Interim Use Permit, the City shall
notify the permittee in writing that the Interim Use Permit shall terminate not later than six (6) months after the date
of such notice.
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H. Effect of Permit. An Interim Use Permit is effective only for the location specified in the application. The issuance
of an Interim Use Permit does not confer on the property any vested right.
I. Permit Review. An Interim Use Permit may be reviewed at any time if the City Council is of the opinion that the
terms and conditions of the Interim Use Permit have been violated, or if one of the criteria for termination has been
met, or any other unintended consequences arise as a result of the operation.
J. Permit Extension. The City Council shall have the right to extend the termination date for such additional periods
as are consistent with the terms and conditions of the original Interim Use Permit.
12-5B-7 Variances
A. Purpose. The City Council may grant variances from the strict application of the provisions of this Zoning
Ordinance in cases where there are Practical Difficulties in carrying out the strict application of its standards and
regulations. When the City Council determines that Practical Difficulties exist they may impose conditions and
safeguards to protect the health, safety and welfare of adjacent properties and the community. The City Council
must determine that all of the following conditions that establish Practical Difficulties are met:
1. The Owner proposes to use the property in a reasonable manner not permitted by this Zoning Ordinance;
and
2. The plight of the Owner is due to circumstances unique to the property not created by the Owner; and
3. The Variance, if granted, will not alter the essential character of the neighborhood; and
4. Economic considerations alone do not constitute Practical Difficulties; but may be considered provided all
other conditions are met.
B. Application for Variance. All applications for a Variance must include a Major Site Plan as described in Section
[12-5B-4] and must follow the process as established in Section [12-5B-1D]. The following additional items must
accompany the primary Land Use Application materials:
1. A written narrative must be submitted that identifies the Practical Difficulties claimed as the basis for the
Variance request.
2. A written consent and waiver of Public Hearing may be submitted, and if deemed valid, shall waive the
Public Hearing requirements. The consent and waiver must be in a form prescribed by the City and must be
signed by the property owners within 100-feet of the boundaries of the property for which the Variance is
requested. The consent and waiver must be accompanied by a map indicating the location of the property in
question and the location of the property owners who have given consent must be identified. If the consent
and waiver is not obtained, a list of names and addresses of the property owners within 100-feet of the
boundaries of the property for which the variance is requested must be submitted.
C. Referral to Planning Commission. The Zoning Administrator shall refer all applications for a Variance to the
Planning Commission.
D. Public Hearing and Planning Commission Recommendations. The Planning Commission shall make a written
report to the City Council stating its findings and recommendations. Such report shall recommend any conditions
related to the variance regarding the location, character, and other features of the proposed building, structure,
or use as it may deem advisable.
E. Action by City Council.
1. Grant Of Variance. In considering applications for a Variance under this Zoning Ordinance, the City Council
shall consider the advice and recommendations of the Planning Commission. By resolution, the City Council
must find that:
a. Practical Difficulties exist that apply to the structure or land in question that are unique to such property
or immediately adjoining property; and
b. Such Practical Difficulties do not apply generally to other land or structures in the Zoning District in
which said land is located; and
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c. That the granting of the Variance is necessary for the preservation and enjoyment of a substantial
property right of the Applicant; and
d. That granting the proposed Variance will not impair an adequate supply of light and air to adjacent
property, unreasonably increase the congestion in the public streets, increase the danger of fire,
endanger the public safety, unreasonably diminish or impair established property values in the
surrounding area; or
e. That granting the proposed Variance will not in any other way impair health, safety, comfort, or in any
other respect be contrary to the intent of this Zoning Ordinance; and
f. That the granting of such Variance will not merely serve as a convenience to the Applicant but is
necessary to alleviate a Practical Difficulty.
g. If all the conditions are met, then the City Council may grant such Variance and impose conditions and
safeguards therein.
2. Denial of Variance. Variances may be denied by resolution of the City Council, and such resolution shall
include a finding and determination by the City Council that the conditions required for approval do not exist.
F. Revocation Of Variance. A violation of any conditions set forth in granting a Variance may be a violation of this
Zoning Ordinance and may be cause for termination of the Variance. A Variance shall become void one year after
it was granted unless a longer period is approved by the City Council.
12-5B-8 Planned Unit Development
A. Purpose. The purpose of this Section is to establish provisions for a Planned Unit Development project. The
purpose of the Planned Unit Development is to encourage flexibility in the design and development of land while
limiting development to a scale that is appropriate to the physical characteristics of the land and surrounding land
uses. Such flexibility shall achieve, at a minimum, two of the following objectives:
1. Preserve the natural and scenic quality of open areas; or,
2. To facilitate adequate and economical provision of streets and utilities; or
3. To encourage a diversity of housing types within a given development; or
4. To permit a mixture of several Zoning District uses within a development project or
5. To permit modification and flexibility from of the strict Zoning District requirements so that a more efficient
use of land or design may be employed.
B. Applicability.
1. A Planned Unit Development shall be established by rezoning the full extent of the Project area with a PUD
Overlay District.
a. All PUD Overlay Districts shall identify a Base Zoning District designation which shall set the basis from
which the areas of flexibility from the standards and uses are established.
2. Rezoning property to "Planned Unit Development Overlay" requires the development project to contain a
minimum of 10 contiguous acres of land (the Project Area) and must meet the following criteria:
a. The proposed uses in the Project Area consist of some use or uses which would not otherwise be
permitted in the Base Zoning District; or if the Project Area includes two (2) or more Base Zoning
Districts, then the Planned Unit Development may be permitted only if a proposed use or uses in each
of the Base Zoning Districts would not otherwise be a permitted use therein; or
b. The Project Area consists of property located in one or more Residential Base Zoning Districts, and the
proposed Planned Unit Development consists entirely of residential housing that is proposed to be
clustered.
(1.) To qualify under this Subsection [b.] the ratio of impervious surface to the total Project Area may
not be more than 25:100, e.g. 2,500 square feet of impervious surface to 10,000 square feet of
Project Area and must meet all other applicable conditions of this Chapter. For purposes of
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calculating the impervious surface calculation the following shall be excluded from within the
Project Area:
(i.) All wetlands and all land below the bluff line in any part of a critical area (as defined in Title 15:
Environmental Standards); and
(ii.) The square foot area of swimming pools, tennis courts and other detached recreational
structures shall not be considered; however, such structures shall be calculated as part of the
impervious surface calculation of each lot.
c. Project Area consists of property located in one or more Business or Industrial Base Zoning Districts.
The proposed Planned Unit Development shall consist entirely of facilities and uses that are either
permitted or permitted through a Conditional Use Permit in the underlying Base Zoning District. Zero lot
lines, shared parking, pedestrian connections between structures, common building materials and
treatments, signage, and architectural styles, as well as extensive landscaping shall be encouraged in
the Planned Unit Development to create a campus atmosphere development.
(1.) The percentage of impervious surface in the Project Area shall be no more than 70 percent. For
purpose of calculating the impervious surface calculation the following shall be excluded:
(i.) Wetlands and all land below the bluff line in any part of a critical area (Title 15: Environmental
Standards).
3. Exception to 10 Acre Requirement.
a. The City Council may reduce the ten (10) acre requirement for a Planned Unit Development, but such
Project Area must be a minimum of five (5) acres, only if it finds that the Planned Unit Development, in
addition to meeting all of the standards and objectives of Section [12-2C-2], meets the following:
(1.) Is determined by the City Council to be "infill type development" that would be difficult to develop
under the strict application of the Base Zoning District(s) comprising the Project Area;
(2.) Will not require any wetlands permit;
(3.) Will not require any variance from the critical area standards and regulations;
(4.) Will not increase traffic or parking estimates for the Project Area above the level reasonably
estimated for a permitted use for the Project Area’s size in the Base Zoning District in which it is
situated; and
(5.) Provides a landscaped buffer around the perimeter of the entire Project Area unless expressly
waived by the City Council.
b. The City Council shall be conservative in exercising its discretion to permit a Planned Unit Development
of less than ten (10) acres.
C. Planned Unit Development Overlay District Types. The PUD Overlay Districts shall be categorized as the following
types:
1. HR-PUD High Density Residential Planned Unit Development Overlay District. The HR-PUD is intended to
provide the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the R-
3 Base Zoning District. The permitted, conditional, and accessory uses in this District are the same as those
for the R-3 district. The Base Zoning District for all HR-PUD shall be R-3.
2. MR-PUD Medium Density Residential Planned Unit Development Overlay District. The MR-PUD is intended
to provide the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the
R-2 Base Zoning District. The permitted, conditional, and accessory uses in this district are the same as
those for the R-2 district. The Base Zoning District for all MR-PUD shall be R-2.
3. LB-PUD Limited Business Planned Unit Development Overlay District. The LB-PUD is intended to provide
the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the B-1,
limited business Zoning District. The permitted, conditional, and accessory uses in this district are the same
as those for the B-1 district. The Base Zoning District for all LB-PUD shall be B-1.
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4. MU-PUD Mixed Use Planned Unit Development District. The MU-PUD district is intended to provide the
opportunity to develop a Planned Unit Development with a mix of residential and nonresidential uses. All
permitted, conditional, and accessory uses contained in the R-2, R-3, B-1, and B-2 Zoning Districts shall be
treated as potentially allowed within the MU-PUD District, provided they are consistent with the
Comprehensive Plan. The City Council shall have the authority to approve other uses in the MU-PUD district
by Conditional Use Permit. The Base Zoning District for all MU-PUD shall be R-3.
D. Rights to rezone to a Planned Unit Development Overlay District.
The use of more flexible regulations in the development of land under this Section may be approved if all of the
conditions of this Section are found to exist and if it is determined that it is in the overall community interest to do
so. The rezoning is not an assumed right but is a discretionary privilege which may be granted by the City Council.
All Planned Unit Development Overlay Districts shall follow the procedures of other provisions of this Chapter, and
the areas of flexibility, including from uses or dimensional standards must be clearly established within the
established Planned Unit Development Overlay District.
E. Approval and Administration.
1. All Planned Unit Developments must be rezoned to an Overlay District and must include a Planned Unit
Development Agreement that defines and describes the uses, any areas of flexibility from the Base Zoning
District, and the development terms and conditions. The application for rezoning shall follow the process
established in Section [12-5B-3] and the Planned Unit Development application shall be processed
concurrently.
2. Standards for Approval. The Planned Unit Development may be approved only if it satisfies all of the
following standards:
a. The Planned Unit Development is an effective and unified treatment of the development possibilities on
the project site and the development plan includes provisions for the preservation of unique natural
amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas.
b. The Planned Unit Development has been planned and is proposed to be developed to harmonize with
adjacent projects or proposals.
c. Financing is available to the Applicant on conditions and in an amount which is sufficient to assure
completion of the Planned Unit Development and evidence to support those facts is presented to and
deemed satisfactory by the City Council.
d. The Planned Unit Development is consistent with the Comprehensive Plan of the community.
e. The Planned Unit Development can be planned and developed to harmonize with any existing or
proposed development in the areas surrounding the project site.
3. Number of Dwelling Units.
a. In a residential Planned Unit Development, the number of dwelling units proposed for the entire site
shall not exceed the total number permitted by the Base Zoning District(s) and the Comprehensive Plan
in which the land is located. If the residential Planned Unit Development is in more than one Base
Zoning District, the number of allowable dwelling units must be calculated separately for each portion of
the Planned Unit Development that is in a separate Zoning District and must then be combined to
determine the number of dwelling units allowable in the entire Planned Unit Development. The density
of individual uses in the MU-PUD District may be guided by the standard established by the Base
Zoning District for each use. The City Council shall have the authority to determine the allowed density
based on the quality and components of the Planned Unit Development. Said density may be lesser or
greater than that prescribed by the Base Zoning District(s) at the discretion of the City Council, but in all
cases must comply with the density ranges established in the Comprehensive Plan.
b. The Planning Commission shall determine the number of dwelling units which may be constructed
within the Planned Unit Development by dividing the net acreage of the Project Area by the required lot
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area per dwelling unit which is required in the Base Zoning District. The net acreage shall be defined as
the Project Area less the land area dedicated for public arterial and collector streets and delineated
wetlands. The net acreage shall include all lands to be conveyed to the City for public parks and local
roads in the calculation.
F. Procedure for Planned Unit Development.
1. Concept Plan.
a. Preapplication Conference. Before submitting an application for a Concept Plan or Preliminary
Development Plan the Applicant must meet with the Zoning Administrator to discuss the proposed
Planned Unit Development. After the meeting, if the Applicant wishes to move forward the Applicant
must submit a Concept Plan to obtain information and guidance before entering into binding
commitments or incurring substantial expense in the preparation of plans, surveys, and other data.
b. Concept Plan. The Concept Plan must be accompanied by the information specified herein, which shall
be reviewed by the Planning Commission and the City Council. The Zoning Administrator shall not
place a Concept Plan on the Planning Commission agenda until all of the information specified in this
Section has been provided by the Applicant. The information must be submitted to the Zoning
Administrator at least 21 days before the Planning Commission meeting so that a Staff report can be
prepared for presentation.
c. A Concept Plan must include both maps and a written statement and must show enough of the area
surrounding the proposed Planned Unit Development to demonstrate the relationship of the Planned
Unit Development to adjoining uses, both existing and proposed. The maps which are part of the
Concept Plan may be in general schematic form, and must contain the following information:
(1.) The existing topography of the land.
(2.) Existing and proposed land uses and the approximate location of buildings, utilities, and unique
development features of the site.
(3.) The location of major thoroughfares and roadways, included proposed access locations.
(4.) Public uses, including schools, parks, playgrounds, and other open spaces.
d. A written statement shall accompany the Concept Plan, which must contain the following information.
(1.) An explanation of the character of the Planned Unit Development and how it is consistent with and
has been planned to comply with the Planned Unit Development provisions contained in this
Section.
(2.) A statement of proposed financing.
(3.) A statement of the present ownership and all existing or contingent interests in the land included
within the Planned Unit Development.
(4.) A general indication of the expected schedule of development including progressive phasing and
time schedules which shall not exceed five (5) years from the date of approval of the Final
Development Plan for the Planned Unit Development to the completion of all construction.
(5.) The character and approximate density of dwelling units, if applicable.
(6.) Estimated industrial or commercial acreage and projected employment, if applicable.
(7.) Estimated square footage of any commercial development, if applicable.
(8.) Estimated amount of open space and a computation showing the percent of impervious surface in
the Project Area.
(9.) Projected traffic.
e. Action Following Concept Plan review. The Planning Commission and the City Council shall make
recommendations regarding the Concept Plan and give reasons for their recommendations. Such
discussion and recommendations are not binding on the city in any way, and is intended only to be
advisory to the Applicant.
2. Preliminary Development Plan.
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a. If a Preliminary Development Plan has not been submitted to the Planning Commission within six (6)
months following the date of the City Council meeting at which the Concept Plan was discussed, then
the Applicant shall repeat the Concept Plan process specified by this Section. In its discretion and for
good cause, the City Council may extend for three (3) months the period for the filing of the Preliminary
Development Plan and waive the resubmission for Concept Plan.
b. Every Preliminary Development Plan must include all of the following information:
(1.) A map showing street systems, plot lines and plot designs.
(2.) Areas proposed to be conveyed, dedicated, or reserved for parks, playgrounds, play ways, school
sites, public buildings, and similar public and semipublic uses.
(3.) A Plat or Site Plan that shows every building site and common open area, the proposed location of
all buildings, structures and improvements and identifies the open spaces around buildings and
structures. The Plat or Site Plan shall include an analysis and report of the area devoted to each
proposed parcel, building, and use.
(4.) Elevation and perspective drawings of all proposed structures and improvements and any
accessory structures. The drawings must indicate the general design character and proposed
materials and must be to-scale.
(5.) A development schedule indicating:
(i.) The approximate date when construction of the project can be expected to begin;
(ii.) The stages in which the project will be built and the approximate date when construction of
each stage can be expected to begin;
(iii.) The anticipated rate of development;
(iv.) The approximate dates when the development of each of the stages in the development will
be completed; and
(v.) The area and location of common open space that will be provided at each stage.
(6.) Copies of proposed agreements, provisions or covenants which will govern the use, maintenance
and continued protection of the Planned Unit Development and any of its common open areas, for
information purposes only.
(7.) The following plans and diagrams:
(i.) All information required under the provisions of [Subsection 12-5B-4] of this Chapter.
(ii.) An off-street parking and loading plan.
(iii.) A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians
within the Planned Unit Development and to and from existing thoroughfares. Any special
engineering features and traffic regulation devices needed to facilitate or ensure the safety of
this circulation pattern must be shown.
(iv.) A landscaping and tree planting plan.
(v.) An economic feasibility report or market analysis.
(8.) The Applicant may, instead of filing a Preliminary Development Plan, file a Final Development Plan
at the time specified in this Subsection, and such Final Development Plan shall contain all of the
information required in this Subsection and all information required for the Final Development Plan
as specified in this Section.
3. Approval of Preliminary Development Plan or Final Development Plan Submitted in Lieu Thereof.
a. Time for Filing; Hearing and Notice. The Applicant shall file the Preliminary Development Plan (or in lieu
thereof a Final Development Plan) with the Zoning Administrator a minimum of 21 days before the
Planning Commission meeting at which the application will be considered. The Planning Commission
shall give notice of a Public Hearing in conformance with Section [12-5B-1D.4] of this Chapter.
b. Recommendation of Planning Commission. The Planning Commission shall review the Preliminary or
Final Development Plan and, after the Public Hearing, submit a written report recommending that the
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rezoning and development plan be approved, approved with modifications, or denied and give the
reasons for these recommendations.
c. Action by City Council.
(1.) After receipt of the report and recommendations of the Planning Commission, the City Council shall
consider the Plan and the report transmitted to them by the Planning Commission. At the time of
consideration, the City Council may take action to approve, approve with modifications, deny with
findings, or continue the discussion for further information and report from the Planning
Commission as it may direct.
(2.) Upon approval of the Development Plan the City Council shall conditionally approve the rezoning
and Planned Unit Development Agreement with appropriate findings consistent with this Section. If
the approval is of the Preliminary Development Plan, such approval shall be subject to the filing of
a Final Development Plan and the approval of the Final Development Plan shall cause the
rezoning to become valid by the affirmative vote of the majority of all City Council Members.
4. Final Development Plan.
a. Time for Filing. Within six (6) weeks following the approval of the Preliminary Development Plan by the
City Council, the Applicant shall file with the Zoning Administrator a Final Development Plan containing
the information conditioned in the Preliminary Development Plan approval. In its discretion and for good
cause, the City Council may extend for six (6) weeks the period for the filing of the Final Development
Plan.
b. Development Agreement. All agreements, covenants and conditions relating to the Planned Unit
Development, including, without limitation:
(1.) Those which relate to the use, maintenance and continued protection of any common open areas;
(2.) All areas of flexibility from the Base Zoning District granted; and
(3.) All conditional uses which are inconsistent with the requirements and uses otherwise permitted in
the Zoning District or the districts which comprise the Planned Unit Development as approved by
the City Council shall be set forth in a development agreement mutually agreed to and entered into
between the Applicant and the City.
(4.) Approval of the Development Agreement by the City Council and the Applicant shall be a condition
for approval of the Final Development Plan.
c. Action By City Council.
(1.) The City Council will review the Final Development Plan to determine that all conditions to the
approval of the Preliminary Development Plan have been satisfied and that the standards set forth
in [Subsection 12-1K-5A] of this Section continue to be met, the City Council shall approve the
Final Development Plan and the rezoning to a Planned Unit Development Overlay District.
(2.) No Building Permits will be issued until the Applicant provides evidence to the City of the recording
of the Final Development Plan and the Development Agreement.
(3.) If the Final Development Plan is not in substantial conformity with the Preliminary Development
Plan and the Applicant wishes to proceed with the Final Development Plan, the Final Development
Plan shall be considered pursuant to the procedures provided for by this Chapter for Rezoning, and
the Applicant shall be referred back to the Planning Commission to begin that process.
5. Amendments to Final Development Plan. No changes may be made in the approved Final Development
Plan after its approval by the City Council, except upon application to the Council under the procedures
provided below:
a. Minor changes in the location, siting, and height of buildings and structures may be authorized by the
City Council if required by engineering or other circumstances not foreseen at the time the Final
Development Plan was approved. Such approval shall require the affirmative vote of a majority of all
members of the City Council.
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b. All other changes in use, or rearrangements of lots, blocks and building tracts, any changes in the
provision of common open spaces, and all other changes in the approved Final Development Plan must
be made by the City Council under the procedures authorized by this Chapter for the approval of a
Zoning Amendment. No amendments may be required by the City Council because of changes in
conditions that have occurred since the Final Development Plan was approved or by changes in the
development policy of the community.
G. Failure to begin Planned Unit Development. If no construction has begun of the Planned Unit Development within
one year from the approval of the Final Development Plan, the Final Development Plan shall lapse and be of no
further effect and the Base Zoning District standards shall govern. In its discretion and for good cause, the City
Council may extend for up to one additional year the period for the beginning of construction.
H. Enforcing Development Schedule. The construction and provision of all the common open spaces and public and
recreational facilities which are shown on the Final Development Plan must proceed at the same rate as the
construction of the primary structural units. At least once every three (3) months following the approval of the Final
Development Plan, the Zoning Administrator shall review all of the Building Permits issued for the Planned Unit
Development and examine the construction which has taken place on site. If the Zoning Administrator finds that
the rate of construction of dwelling units is greater than the rate at which common open spaces and public and
recreational facilities have been constructed and provided, they shall forward this information to the City Council,
who shall identify appropriate penalties and violations.
I. Open Spaces.
1. Conveyance and Maintenance of Common Open Space.
a. Options. All land shown on the Final Development Plan as common open space must be conveyed
under one of the following options:
(1.) It may be conveyed to a public agency which will agree to maintain the common open space and
any buildings, structures, or improvements which have been placed on it.
(2.) It may be conveyed to a homeowners' association or similar organization for the maintenance of
the common spaces of the Planned Unit Development, subject to and in a manner consistent with
the covenants, duties and obligations of the developer set forth in the development agreement.
b. Final Development Plan Controls. No common open space may be put to any use not specified in the
Final Development Plan unless the Final Development Plan has been amended to permit
that use under this Zoning Ordinance. However, no change of use authorized under this Chapter may
be considered as a waiver of any of the covenants limiting the use of common open space areas, and
all rights to enforce these covenants against any use permitted under this Chapter are expressly
reserved.
c. Enforcement. If the common open space is not conveyed to a public agency, either one of the following
methods of enforcement must be provided:
(1.) The legal right to develop the common open space for the uses specified in the Final Development
Plan must be conveyed to a public agency in the event the completion of such improvements is not
completed.
(2.) The restrictions governing the use, improvement, and maintenance of the common open space
must be stated as conditions to the conveyance of the common open space; the fee title to the
common open space to vest in a public agency in the event of a substantial default in the stated
conditions.
d. City to Enforce Covenants. If the common open space is not conveyed to a public agency, the
covenants governing the use, improvement, and maintenance of the common open space shall
authorize the City to enforce their provisions.
2. Standards for Common or Public Open Space.
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a. Location and Design. The location, shape, size and character of the common open space must be
suitable for the Planned Unit Development.
b. Use Requirements. Common open space must be used for amenities or recreational purposes.
The uses authorized for the common open space must be appropriate to the scale and character of the
Planned Unit Development, considering its size, density, expected population, topography and the
number and type of principal units to be provided.
c. Improvement Requirements.
(1.) Common open space must be suitably improved for its intended use, but common open space
containing natural features worthy of preservation may be left unimproved. The buildings,
structures and improvements which are permitted in the common open space must be appropriate
to the uses which are authorized for the common open space and must conserve and enhance the
amenities of the common open space having regard to its topography and unimproved condition.
(2.) If the Final Development Plan provides for buildings or structure improvements in the common
open space, the developer must provide a bond or other adequate assurance that the buildings,
structures, and improvements will be completed. The Planning Commission shall release the bond
or other assurance when the buildings, structures, or improvements have been completed
according to the development plan.
d. Development Schedule. The development schedule which is part of the Final Development Plan must
coordinate the improvement of the common open space, the construction of buildings, structures, and
improvements in the common open space, and the construction of residential dwellings in the Planned
Unit Development.
e. Other Requirements. In the development of the common open space, the requirements of other City
Ordinances must be met unless otherwise provided in the development agreement, e.g., wetlands
permit requirements, etc.
3. Guarantee of Provision of Common Open Space. The City Council may require adequate assurance, in a
form and manner which it approves, that the common open space shown in the Final Development Plan will
be provided. The following methods of assurance are intended as illustrative, and they may be used singly
or in combination:
a. Bond, Surety, Financial Guarantee. The City Council will accept a bond, corporate surety, or other
acceptable financial guarantee, in a form which complies with the provisions of the subdivision control
ordinance, and in an amount sufficient to purchase at its then current market value the common open
space shown in the Final Development Plan.
b. Escrow. The land shown as common open space may be put in escrow, the escrow agreement to
provide that the land is to be held in escrow until the City Council has certified to the escrow agent that
the Planned Unit Development has been completed, at which time, the common open space is to be
conveyed as provided by City Ordinance. The escrow agreement may provide for the release of the
common open space by the escrow agent in stages, the City Council to certify the completion of each
stage of the Planned Unit Development to the escrow agent. The escrow agreement must provide that a
portion of the open space is to be conveyed in the manner provided by City Ordinance, if the Planned
Unit Development is not completed. In this event, the open space which is conveyed is to bear the
same proportion to the open space provided on the Final Development Plan as the dwelling units that
have been built bear to the total number of dwelling units which are allowable by the Final Development
Plan.
c. Exercise Option. If any of the Planned Unit Development which includes common open space is held by
the Owner on option, the Owner may assign to the City Council the right to exercise the option to
acquire the common open space and shall simultaneously provide the City Council with the sum
necessary, if any, to exercise the option and acquire the property.
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d. Withholding Certificate of Occupancy. If for any reason the common open space shall not be provided
for before the completion and occupancy of the project, the City Council may withhold the Certificate of
Occupancy until the common open space has been provided and improved in accordance with the Final
Development Plan. The Development Agreement controlling the PUD shall specify the Applicant’s
agreement to this remedy.
J. Control of Planned Unit Development Following Completion.
1. Issuance of Certificate of Completion. The City Council shall issue a certificate certifying the completion of
each phase of the Planned Unit Development, and the City Clerk shall note the issuance of the certificate on
the recorded Final Development Plan.
2. Final Development Plan and Development Agreement to Govern. After the Certificate of Completion has
been issued, the use of land and the construction, modification, or alteration of any buildings or structures
within the Planned Unit Development will be governed by the approved Final Development Plan and the
Development Agreement to the extent that they may be inconsistent with the provisions of this Zoning
Ordinance.
3. Changes To Final Development Plan.
a. After the Certificate of Completion has been issued, no changes may be made in the approved Final
Development Plan except upon application to the City Council under the procedures provided below:
(1.) Minor Changes. Any minor extensions, alterations, or modifications within the building envelope of
existing commercial and industrial buildings or structures may be authorized by the City Council if
they are consistent with the purposes and intent of the Final Development Plan, and such
authorization shall be by the affirmative vote of a majority of all members of the City Council. No
change authorized hereby may increase the cubic feet of any building or structure by more than ten
percent (10%).
(2.) Unauthorized Uses. Any uses not authorized by the approved Final Development Plan, but
allowable in the Project Area as a permitted use under the provisions of this Chapter or permitted
as a Conditional Use in the Base Zoning District in which the Planned Unit Development is located,
may be added to the Final Development Plan under the procedures provided by this Chapter for
the approval of conditional uses.
(3.) Destroyed Structures. A building or structure that is totally or substantially destroyed may be
reconstructed only in compliance with the Final Development Plan unless an amendment to the
Final Development Plan is approved pursuant to the procedures for approval of a Zoning
Amendment under this Chapter.
(4.) Common Open Space Changes. Changes in the use of common open space may be authorized by
an amendment to the Final Development Plan pursuant to the procedures for approval of a Zoning
Amendment under this Chapter.
(5.) All Other Changes. All other changes in the Final Development Plan must be approved by the City
Council under the procedures authorized by this Chapter. No changes may be made in the Final
Development Plan unless they are required for the continued successful functioning of the Planned
Unit Development, or unless they are required by changes in conditions that have occurred since
the Final Development Plan was approved or by changes in the development policy of the
community.
b. No changes in the Final Development Plan which are approved under this Section are to be considered
as a waiver of the covenants limiting the use of land, buildings, structures, and improvements within the
area of the Planned Unit Development, and all rights to enforce these covenants against any changes
permitted by this Section are expressly reserved.
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ARTICLE C. OTHER APPLICATIONS, STUDIES AND PERMITS
12-5C-1 Building Permits
A. Required. No structure may be erected or structurally altered until it has been determined that a Building Permit is
required. If required, the Building Permit must be issued, indicating that the existing or proposed structure and the
use of the land complies with this Zoning Ordinance and the building code prior to any construction or site work.
1. Building Permits that do not comply with all the requirements of the building code will not be issued.
2. No site preparation work, including rough grading, driveway construction, footing excavation, tree removal or
other physical changes to the site may occur prior to the issuance of a Building Permit and other required
land use or zoning permits.
B. Application. Applications for Building Permits required by this Section shall be made to the City Clerk or Building
Official on the official forms. The City Clerk or Building Official shall maintain a record of all applications and all
permits issued under this Section.
C. Site Plan. Applications for a Building Permit must be accompanied by a Site Plan (Minor) to determine compliance
with this Zoning Ordinance. In some cases, the Zoning Administrator may require a Certificate of Survey be
completed.
D. Issuance. No Building Permit shall be issued for any improvement that would result in a use, building or structure
that is in violation of this Zoning Ordinance, or the subdivision, shoreland management, floodplain, MRCCA, or
any other city regulations.
E. Expiration. Building Permits issued under the provisions of this Section and the Building Code shall expire and be
null and void if the work authorized by a Building Permit is abandoned or suspended for a period of 120 days, or in
the event that work is not commenced or completed within the time period to start work as established in the
permit conditions.
F. Suspension or Revocation. The Building Official may, in writing, suspend or revoke a Building Permit issued under
the provisions of this Section and the Building Code whenever such Building Permit is issued in error or on the
basis of incorrect information supplied, or in violation of any city ordinance, regulation or code.
12-5C-2 Certificate of Occupancy
A. Certificate Required. Certificates of Occupancy shall be required for occupancy and use of any buildings
hereinafter erected or structurally altered; for new occupancy and use of an existing building when the new use is
of a different zoning classification; for occupancy and use of vacant land, new use of vacant land when new use is
of a different zoning classification, and for any change in the use of a nonconforming use.
B. Application for Certificate. Every application for a Building Permit shall be deemed to be an application for
Certificate of Occupancy. Every application for a Certificate of Occupancy for the use of land where no Building
Permit is required shall be made directly to the Zoning Administrator.
C. Issuance of Certificate. The Certificate of Occupancy shall be issued within three (3) days after construction has
been completed and the premises inspected and certified to be in conformance with the provisions of this Chapter.
Where vacant land or change in the use of an existing building, or for change in a nonconforming use is involved,
the Certificate of Occupancy shall be issued as soon as the Code Enforcement Officer has examined the premises
and determined that the requirements of this Chapter have been met.
D. Certificates for Nonconforming Uses. Application for such Certificate of Occupancy for all lawful
nonconforming uses or buildings created by the adoption of this Chapter shall be filed with the Zoning
Administrator by the Owner to issue a Certificate of Occupancy for a lawful nonconforming use. Failure to apply for
such Certificate of Occupancy, or refusal of the Zoning Administrator to issue the Certificate of Occupancy shall be
prima facie evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of
this Chapter.
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E. Violations.
1. It shall constitute a violation of this Chapter for any person, firm, corporation, or voluntary association, either
owner or agent, to do any of the things mentioned in this Section without having first obtained a Certificate of
Occupancy.
2. Any Certificate of Occupancy issued upon a false statement of fact which is material to the issuance thereof
shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Zoning
Administrator, he/she shall revoke the Certificate of Occupancy, by notice in writing to the holder. Any
person who shall proceed thereafter with such work or use without having obtained a new certificate shall be
deemed guilty of violation of this Chapter.
12-5C-3 Traffic Studies
A. Purpose and Applicability. Any application for a proposed development or redevelopment project that results in the
change or intensification of the existing or planned land use may be required to conduct or submit a recently
completed traffic study
B. Application. A Traffic Study may be requested by either the Zoning Administrator or Public Works Director, and
such study shall accompany the primary Land Use Application. The study shall be prepared in compliance with the
most current version of the Dakota County Traffic Impact Analysis Guidelines.
C. Information to be Submitted. The Study shall be prepared at the cost of the Applicant and prepared by a licensed
engineer. The Study must analyze existing and proposed traffic patterns of the surrounding area for review and
comment as part of the primary Land Use Application or any plat.
1. Other Agency Review. When potentially impacted roadways included in the traffic study are under county,
state, or adjacent City jurisdiction, the City reserves the right to request additional review and comment from
those jurisdictions for consideration in evaluating the permit application.
12-5C-4 Administrative Permit
A. Purpose. The purpose of the Administrative Permit is to verify and check compliance of certain activities and
improvements with the standards and regulations established within this Zoning Ordinance.
B. Applicability. An Administrative Permit must be obtained for all activities and uses as identified on Table [12-3B-
1.1] Table of Uses and as required throughout this Zoning Ordinance.
1. Issuance. The Zoning Administrator shall issue an Administrative Permit which may include reasonable
conditions. Periodic review or renewal of the Administrative Permit may be required as stated within this
Zoning Ordinance, or as noted in the Conditions of the Administrative Permit.
C. Application. Whenever this Zoning Ordinance requires an Administrative Permit, an application in writing must be
filed with the Zoning Administrator prior to the commencement of the proposed use or activity.
D. Information to be submitted. The application must be accompanied by development plans for the proposed use.
The plans must contain adequate information to determine that the proposed development or use meets the
standards of this Zoning Ordinance. The Zoning Administrator will determine what information is necessary to
issue the Administrative Permit. Development plans may include:
1. Site Plan (Minor).
2. Landscaping and Screening Plan [see 12-4A-5 and 12-4D-2].
3. Grading and Drainage plan.
4. Description of use/activity.
E. Action. The Zoning Administrator will issue or deny the Administrative Permit within 15 days after the receipt of a
complete application.
F. Lack of Action. If no such action on the Administrative Permit is taken, the request for Administrative Permit is
deemed approved, unless the Zoning Administrator determines otherwise.
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G. Appeal. If the request for Administrative Permit is denied or if conditions are imposed, the Applicant may appeal
the decision to the Board of Zoning Appeals. Such appeal shall follow the appeal procedures as established in
Section [12-5A-3].
ARTICLE D. ENVIRONMENTAL REVIEW
12-5D-1 Environmental Assessment Worksheet (EAW)
A. Environmental Review Program.
The provisions of the rules for the Environmental Review Program, [6MCAR 3.021 to 3.047], one copy of which is
on file in the Office of the Clerk, are hereby adopted, together with the other provisions of this Section, as a basis
for the environmental review operating procedures the City will follow in implementing the provisions of Minnesota
Statutes, [Chapter 116D] relating to the Environmental Review Program and any rules adopted thereunder by the
Minnesota Environmental Quality Board. All terms used in this Chapter shall have the same meaning as the terms
used in Chapter 116D and the rules adopted thereunder.
B. Cost of Preparation and Review.
1. Information To Be Provided. The Applicant for a permit for any action for which environmental documents
are required either by state law or rules or by the City Council shall supply in the manner prescribed by the
administrator all unprivileged data or information reasonably requested by the City that the Applicant has in
his possession or to which he has reasonable access.
2. Environmental Assessment Worksheets. The Applicant for a permit for any action for which an
Environmental Assessment Worksheet (EAW) is required either by state law or rules or by the City Council,
shall pay all costs of preparation and review of the EAW, and upon the request of and in the manner
prescribed by the administrator shall prepare a draft EAW and supply all information necessary to complete
that document.
3. Environmental Impact Statement. The City and the Applicant for a permit for any action for which an
Environmental Impact Statement (EIS) is required shall comply with the provisions of the rules governing
assessment of costs for Environmental Impact Statements, one copy of which is on file in the Office of the
Clerk, unless the Applicant and the City Council provide otherwise by a written agreement.
4. Payment Of Costs. No permit for an action for which an EAW or an EIS is required shall be issued until all
costs of preparation and review which are to be paid by the Applicant are paid, and all information required
is supplied, and until the environmental review process has been completed as provided in this Section and
the rules adopted by reference by this Section, and pursuant to any written agreement entered into by the
Applicant for the permit or permits and the City Council under the provision of Subsection [E] of this Section.
5. Agreements Concerning Cost of Preparation and Review. The Applicant for a permit for any action for which
an EAW or EIS is required, and the City Council may, in writing agree as to a different division of the costs of
preparation and review of any EAW or EIS as provided in [6MCAR 3.042].
C. Administration.
1. Duty Of Administrator. The Zoning Administrator is responsible for the administration of the Environmental
Review program, and the rules adopted by reference by this Chapter.
2. Action Required. The Zoning Administrator is responsible for determining whether an action for which a
permit is required is an action for which an EAW is mandatory under 6MCAR 3.024. The Zoning
Administrator shall also determine those proposed actions for which an optional EAW may be required under
the provisions of the Section and shall notify the City Council of these proposed actions.
3. Preparation. All EAWs and EISs shall be prepared under the supervision of the Zoning Administrator and
reviewed and approved by the City Council.
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4. Alterations. When reviewing an EAW or EIS, the Zoning Administrator may suggest design alterations which
would lessen the environmental impact of the action. The City Council may require these design alterations
to be made as a condition for issuing the permit when it finds that the design alterations are necessary to
lessen the environmental impact of the action.
D. Optional EAW.
The City Council may, upon recommendation by the Zoning Administrator, require that an optional EAW be
prepared on any proposed action if the action may be a major action and appears to have the potential for
significant environmental effects. The following guidelines shall also be considered in determining whether an
optional EAW shall be required:
1. Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically
pleasing?
2. Is the action likely to have disruptive effects such as generating traffic and noise?
3. Are there public questions or controversy concerning the environmental effects of the proposed actions?
E. Enforcement and Penalty.
1. General Rule. No permit shall be issued for a project for which environmental documents are required until
the entire environmental review procedures established by this Chapter are completed.
2. Compliance. No work shall commence and any work in progress on any project for which environment
documents are required shall cease until the environmental review procedures established by this Chapter
are fully complied with.
3. Violations. Each day that the violation of this Chapter is permitted to exist constitutes a separate offense.
ARTICLE E. FEES AND VIOLATIONS
12-5E-1 Fees and Deposits
A. Base Fees. The Base Fees to be paid for each application shall be established by ordinance. Base Fees shall be
payable at the time applications are filed with the City Clerk and shall not be refundable unless said application is
withdrawn prior to referral to the Planning Commission. In addition to any other remedies available to the City, a
double fee or $250.00, whichever is greater, shall be charged if action requiring any permit required by this
Ordinance is undertaken without first obtaining a permit for such action.
B. Escrow Deposits. Escrow deposits, in amounts established by Ordinance, will be required to be submitted with
planning applications to defray anticipated City expenses incurred in connection with the Application. Any
expenses incurred by the City in excess of the escrow shall be billed to the Applicant after all city costs have been
determined. Failure of the Applicant to reimburse billed expenses within 30 days may be cause for revocation of
approval action taken by the City Council. Any unused escrow deposit amount shall be returned to the Applicant.
12-5E-2 Violations; Penalties
A. Issuance Of Citations. The City Code Enforcement Officer is hereby authorized to issue citations for violations of
or refusal to comply with the provisions of this Chapter.
B. Violation; Penalty. Any person, firm, corporation or voluntary association which violates or refuses to comply with
any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punishable as provided in [Section 1-4-1].
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CHAPTER 6: CRITICAL AREA OVERLAY DISTRICT
ARTICLE A. GENERAL PROVISIONS AND ADMINISTRATION
12-6A-1 Authority, Policy and Intent
A.Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) Overlay District Chapter 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.
B.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.
C.Intent. The Mississippi River Corridor Critical Area regulations are intended to:
1.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.
2.Identify development standards and considerations for land uses that have potential to negatively affect
primary conservation areas and public river corridor views.
3.Establish standards that protect primary conservation areas and public river corridor views from
development impacts and ensure that new development is established consistent with the purpose of the
MRCCA.
4.Establish design standards for private facilities that are consistent with best management practices and that
minimize impacts to Primary Conservation Areas (PCAs), Public River Corridor Views (PRCVs) and other
resources identified in the MRCCA plan.
5.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 while recognizing that they serve the public interest by providing access to the Mississippi
River Corridor or require locations within the river corridor and therefor require some flexibility.
6.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 critical area steep
slopes and ensure stability of other erosion-prone areas.
7.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.
8.To create standards for subdivisions and development or redevelopment of sites that protect and enhance
the natural and scenic value of the MRCCA, protect and restore biological and ecological functions of
primary conservation areas, and encourage restoration of native vegetation where restoration opportunities
have been identified in the MRCCA Plan. [Ord. 568, 9-23-2021]
12-6A-2 General Provisions and Definitions
A.Jurisdiction. The provisions of this Chapter apply to land within the river corridor boundary as described in the
State Register, Volume 43, pages 508 to 519 and shown on the City's official zoning or MRCCA maps on file with
the City.
B.Enforcement. The City Zoning Administrator and Public Works Director are jointly responsible for the
administration and enforcement of this Chapter. 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
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or conditional uses, constitutes a misdemeanor and is punishable as defined by law. Violations of this Chapter can
occur regardless of whether or not a permit is required for a regulated activity listed in Section [12-5B-1].
C. Severability. If any section, clause, provision, or portion of this Chapter is judged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
D. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the
provisions of this Chapter shall prevail. To the extent any other Chapters or sections are inconsistent with this
Chapter, the provisions of this Chapter shall prevail.
E. Underlying Zoning. Uses and standards of underlying Zoning Districts apply except where standards of this
Chapter are more restrictive.
12-6A-3 Administration
A. Purpose. The purpose of this Section is to identify administrative provisions to ensure this Chapter is administered
consistent with its purpose.
B. Permits. A Critical Area Permit is required for the construction of any new structure, building(s) or building
addition(s), including construction of decks, retaining walls, signs, the installation and/or alteration of sewage
treatment systems, vegetation removal consistent with [Section 12-6A-9] and land alterations consistent with
Section [12-6A-10].
C. Variances. Variances to the requirements under this Chapter may only be granted in accordance with Minnesota
Statutes, Section 462.357 and must consider the potential impacts of variances on primary conservation areas
(PCAs), public river corridor views (PRCVs), and other resources identified in the MRCCA Plan. In reviewing the
Variance application, and before granting a Variance, the City shall:
1. Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the
impacts that are related to and proportional to the impacts, and consistent with Section [12-6A-3E] (below);
and
2. Make written findings that the variance is consistent with the purposes and scope of this Chapter as follows:
a. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA
Plan;
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 affect other MRCCA resources identified in the City's MRCCA Plan
such as wetlands, river overlooks, parks, and open space.
D. Conditional and Interim Use Permits. All Conditional and Interim uses required under this Chapter must comply
with Minnesota Statutes, Section 462.3595 and 462.3597 respectively, and must consider the potential impacts on
primary conservation areas, public river corridor views, and other resources identified in the City's MRCCA Plan.
In reviewing the application, and before granting a Conditional or Interim use Permit, the City shall:
1. 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 [12-6A-3E / 12-6A-3.1]
(below); and
2. Make written findings that the Conditional or Interim Use is consistent with the purpose of this Chapter as
follows.
a. The extent, location, and intensity of the Conditional or Interim Use will be in substantial compliance
with the MRCCA Plan;
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b. The Conditional or Interim Use is consistent with the character and management purpose of the
MRCCA District in which it is located;
c. The Conditional or Interim 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 or Interim Use will not negatively affect other resources identified in the City's MRCCA
Plan, such as wetlands, river overlooks, and parks and open space.
E. Conditions of Approval and Mitigation. The City 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, but is not limited to:
1. Restoration of vegetation identified as "vegetation restoration priorities" in the City's MRCCA Plan;
2. Preservation of existing vegetation;
3. Increasing, enhancing, and or connecting habitat for pollinators, birds, and other wildlife;
4. Stormwater runoff management;
5. Reducing impervious surfaces;
6. Increasing structure setbacks;
7. Wetland and drainage route restoration and/or preservation;
8. Limiting the height of structures;
9. Modifying structure design to limit visual impacts on the PRCVs; and
10. Other conservation measures.
F. Nonconformities.
1. All legally established nonconformities as of the date of this Zoning Ordinance may continue and will be
regulated consistent with Minnesota Statutes, Section 462.357, Subd. 1e.
2. New structures erected in conformance with the setback averaging provisions of [Section 12-6A-6] are
conforming structures.
3. Site alterations and expansion of site alterations that were legally made prior to the effective date of this
Zoning Ordinance are conforming. Site alterations include vegetation, erosion control, stormwater control
measures, and other nonstructural site improvements.
4. Legally nonconforming principal structures that do not meet the setback requirements of Section [12-6A-6C]
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 [Figure 12-6A-3.1]; and
b. The expanded structure's scale and bulk is consistent with that of the original structure and existing
surrounding development.
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Figure 12-6A-3.1 Expansion of Nonconforming Structures Diagram
G. Accommodating Disabilities. Reasonable accommodation for ramps and other facilities to provide persons with
disabilities access to the person's 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:
1. Comply with [Sections 12-6A-6 to 12-6A-15]; or
2. If Sections [12-6A-6 to 12-6A-15] cannot be complied with, ramps or other facilities are allowed with an
administrative permit provided:
a. The permit terminates on either a specific date or upon occurrence of a particular event related to the
person requiring accommodation, provided that the permit's termination date may be extended or the
termination event may be modified upon request, as required by federal and state law; and
b. Upon expiration of the permit, the ramp or other facilities must be removed. (Ord. 568, 9-23-2021)
12-6A-4 Mississippi River Corridor Critical Area (MRCCA) Districts
A. 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.
B. MRCCA District Map. The locations and boundaries of the MRCCA Districts established by this Chapter are
shown on the MRCCA Overlay District Map which is incorporated herein by reference. The district boundary lines
are intended to follow the centerlines 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 property that has not
been subdivided, the district boundary line is determined by the use of dimensions or the scale appearing on the
map. For purposes of determining the application of this Chapter to any particular parcel of land, the above
referenced map shall be on file in the Office of the Zoning Administrator and shall be available for inspection and
copying.
C. District Description and Management Purpose. The MRCCA within the City is divided into the following three (3)
separate MRCCA Districts:
1. 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.
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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.
2. 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 stormwater into the river and enhancing habitat and
shoreline vegetation are priorities in the District.
3. 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.
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 the flow of untreated stormwater into the river are
priorities in the District. In addition, providing public access to and public views of the river, and
restoring natural vegetation in riparian areas and tree canopy are also priorities in the District. [(Ord.
568, 9-23-2021)]
12-6A-5 Special Land Use Provisions
A. Purpose. The purpose of this Section is to identify development standards and considerations for land uses that
have potential to negatively impact primary conservation areas and public river corridor views.
B. Underlying Zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional
provisions for the following land uses:
1. Agricultural use. Perennial ground cover is required within 50-feet of the ordinary high-water level and within
the Bluff Impact Zone.
2. Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and
manure storage areas must conform with Minnesota Rules, Chapter 7020.
3. 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, as it may be amended or revised from time to time.
4. 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 12-6A-6C];
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;
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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;
(2.) Explain where staged reclamation may occur at certain points during the life of the site;
(3.) Address dust, noise, stormwater management, possible pollutant discharges, days and hours of
operation, and duration of operations; and
(4.) Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation
plans consistent with the stated end use for the land.
f. Existing and new nonmetallic mining operations must submit land reclamation plans to the local
government compatible with the purposes of this Chapter.
5. 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 12-6A-15], must meet the dimensional and performance
standards in this Chapter 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.
c. Dredging and placement of dredged material are subject to existing federal and state permit
requirements and agreements.
6. 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;
c. Placement of the tower must minimize impacts on public river corridor views; and
d. Comply with the general design standards in [Section 12-6A-8.B. (Ord. 568, 9-23-2021)]
12-6A-6 Structure Height, Placement and Lot Size
A. Purpose. The purpose of this Section is 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.
B. Structure Height. Structures and facilities must comply with the following standards unless identified as exempt in
[Section 12-6A-15].
1. ROS District. The lesser of the height standard as determined by the underlying Zoning District or 35-feet.
2. RN District. The lesser of the height standard as determined by the underlying Zoning District or 35-feet.
3. SR District. Height is determined by the underlying Zoning District, provided the allowed height is consistent
with that of the mature tree line, where present, and existing surrounding development, as viewed from the
OHWL of the opposite shore.
4. Height shall be measured on the side of the structure facing the Mississippi River.
5. In addition to the Conditional Use Permit requirements of [Section 12-6A-3.D], criteria for considering
whether to grant a Conditional Use Permit for structures exceeding the height limits must include:
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a. Assessment of the visual impact of the proposed structure on public river corridor views, including views
from other communities;
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.
d. Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and
e. Opportunities for creation or enhancement of public river corridor views.
C. Location of Structure and Impervious Surfaces.
1. Structures and impervious surfaces must not be placed in the Shore or Bluff Impact Zones unless identified
as an exemption in [Section 12-6A-15].
2. Structures and facilities, including impervious surfaces, must comply with the following OHWL setback
provisions unless identified as exempt in [Section 12-6A-15].
a. ROS District: 200-feet from the Mississippi River and 150-feet from the Minnesota River.
b. RN District: 100-feet from the Mississippi River.
c. SR District: (not applicable in the City of Mendota Heights)
3. Structures and facilities including impervious surfaces, must comply with the following bluffline setback
provisions unless identified as exempt in [Section 12-6A-15]:
a. ROS District: 100-feet.
b. RN District: 40-feet.
c. SR District: 40-feet.
4. 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, if the new structure's scale and
bulk riverward or bluffward of the setbacks required under [Sections 12-6A-6C2 and 12-6A-6C3] are
consistent with adjoining development. [See Figure 12-6A-6.1].
Figure 12-6A-6.1 Structure Setback Averaging Diagram
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5. 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.
D. Lot Size and Buildable Area.
1. Lots abutting the Mississippi River in the ROS District must be at least 200-feet in width, unless alternative
design methods are used that provide greater protection of the riparian area.
2. All new lots must have adequate buildable area to comply with the setback requirements of [Sections 12-6A-
6.C.2 and 12-6A-6.C.3] so as to not require variances to use the lots for their intended purpose.
12-6A-7 Performance Standards for Private Facilities
A. 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.
B. General Design Standards. All private facilities must be developed in accordance with the vegetation management
and land alteration and stormwater management requirements in [Sections 12-6A-9 and 12-6A-10].
C. Private Roads, Driveways, and Parking Areas. Except as provided in [Section 12-6A-15], private roads, driveways,
and parking areas must:
1. Be designed to take advantage of natural vegetation and topography so that they are not readily visible;
2. Comply with structure setback requirements according to [Section 12-6A-6.C]; and
3. Not be placed within the Bluff Impact Zone or Shore Impact Zone, unless exempt under [Section 12-6A-15]
and designed consistent with [Section 12-6A-8.B].
D. Private water access and viewing facilities.
1. Private access paths must be no more than:
a. 8-feet (8') wide, if placed within the Shore Impact Zone; and
b. 4-feet (4') wide, if placed within the Bluff Impact Zone.
2. Private water access ramps must:
a. Comply with Minnesota Rules, parts 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.
3. Design and construction of private stairways, lifts, and landings are subject to the following standards:
a. Stairways and lifts must not exceed 4-feet in width on residential lots. Wider stairways may be used for
commercial properties and residential facilities held in common, if approved by a Conditional Use
Permit;
b. Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area.
Landings larger than 32 square feet are allowed for commercial properties and residential facilities held
in common, if approved by a Conditional Use Permit;
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 12-6A-7.D.3.a. through d.], and as provided
under [Section 12-6A-3.G].
4. One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300' 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;
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b. Not exceed one 120 square feet in area; and
c. Be placed a minimum of ten-feet from the ordinary high water level.
E. 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 12-6A-9 and 12-6A-10],
provided that:
1. The encroachment of the deck or patio into the required setback area does not exceed 15 percent of the
required structure setback;
2. 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:
[Required setback depth (ft.) x 0.15 x lot width at setback (ft.) x 0.25 = maximum total area]
3. The deck or patio does not extend into the Bluff Impact Zone. [See Figure 8 - below].
Figure 12-6A-7.1 Deck and Patio Encroachment Diagram
F. Fences. Fences between principal structures and the river are allowed if fences are:
1. Not higher than six-feet;
2. Not located within the SIZ and BIZ; and
3. Not located in the regulatory floodplain.
12-6A-8 Performance Standards for Public Facilities
A. 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.
B. General Design Standards. All public facilities must be designed and constructed to:
1. Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility;
2. Comply with the structure placement and height standards in [Section 12-6A-6], except as provided in
[Section 12-6A-15];
3. Be consistent with the vegetation management standards in [Section 12-6A-9] and the land alteration and
stormwater management standards in [Section 12-3-10], including use of practices identified in Best
Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, as may be amended or
revised from time to time, where applicable;
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4. 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
5. Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and
wildlife are not spawning or nesting;
6. Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds
are not migrating or nesting.
C. Right-of-Way Maintenance Standards. Right-of-way maintenance must comply with the following standards:
1. Vegetation currently in a natural state must be maintained to the extent feasible;
2. Where vegetation in a natural state has been removed, native plants must be planted and maintained on the
right-of-way; and
3. Chemical control of vegetation must be avoided when practical, but when chemical control is necessary, the
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.
D. Crossings of Public Waters 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.
E. Public Utilities. Public utilities must comply with the following standards:
1. High-voltage transmission lines, wind energy conversion systems greater than five (5) megawatts, and
pipelines are regulated according to Minnesota Statutes, Chapter 216E, 216F, and 216G respectively; and
2. If overhead placement is necessary, utility facility crossings must minimize the visibility of the facility from the
river and follow other existing right of ways as much as practicable.
3. 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.
4. Wireless communication facilities must comply with [Section 12-6A-5.B.6].
F. Public Transportation Facilities. Public transportation facilities shall comply with the structure placement and
height standards in [Section 12-6A-6.] Where such facilities intersect or abut two or more MRCCA Districts, the
least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority
to:
1. Providing scenic overlooks for motorists, bicyclists, and pedestrians;
2. Providing safe pedestrian crossings and facilities along the river corridor;
3. Providing access to the riverfront in public ownership; and
4. Allowing for use of the land between the river and the transportation facility.
G. Public Recreational Facilities. Public recreational facilities must comply with the following standards:
1. Buildings and parking associated with public recreational facilities must comply with the structure placement
and height standards in [Section 12-6A-6], except as provided in Section [12-6A-15];
2. 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.
3. 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 the Minnesota
Department of Natural Resources' Trail Planning, Design, and Development Guidelines, as they may be
amended or revised from time to time.
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 8-feet in width.
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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.
4. 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 the Design Handbook for
Recreational Boating and Fishing Facilities, as they may be amended or revised from time to time.
5. 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. If illuminated, the lighting must be fully shielded and be directed
downward.
6. Public stairways, lifts, and landings must be designed as provided in [Section 12-6A-7.D.3].
12-6A-9 Vegetation Management
A. 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 the stability of bluffs and steep slopes
and ensure stability of other erosion-prone areas.
B. Applicability. This Section applies to:
1. Shore Impact Zones;
2. Areas within 50-feet of a wetland or natural drainage route;
3. Bluff Impact Zones;
4. Areas of native plant communities; and
5. Significant existing vegetation stands identified in the MRCCA Plan.
C. Activities Allowed Without a Vegetation Permit.
1. Maintenance of existing lawns, landscaping and gardens.
2. Removal of vegetation in emergency situations as determined by the City.
3. Right-of-way maintenance for public facilities meeting the standards in [Section 12-6A-8.C].
4. Agricultural and forestry activities meeting the standards of [Section 12-6A-5.B.1 and 12-6A-5.B.3].
5. Selective vegetation removal, provided that vegetative cover remains consistent with the management
purpose of the MRCCA District, including the removal of:
a. Vegetation that is dead, diseased, dying, or hazardous;
b. Vegetation to prevent the spread of diseases or insect pests;
c. An individual tree or shrub; and
d. Invasive non-native species.
D. Activities Allowed With a Vegetation Permit.
1. Only 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. Selective removal of keystone species;
e. Clearing to prepare for restoration and erosion control management activities consistent with a plan
approved by the City; and
f. The minimum necessary for development that is allowed with a building permit or as an exemption
under [Section 12-6A-15].
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2. General Performance Standards. The following standards must be met, in addition to a restoration plan
under [Section 12-6A-9.F], in order for the City to approve a vegetation permit:
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 the
Public Works Director;
c. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual
impacts to public river corridor views and other scenic views;
d. Vegetation removal activities are conducted to expose the smallest practical area of soil to erosion for
the least possible time, and to avoid bird migration and nesting seasons; and
e. Any other condition determined necessary to achieve the purpose of this Section.
E. Prohibited Activities. All other intensive vegetation clearing is prohibited.
F. Vegetation Restoration Plan.
1. Development of a Vegetation Restoration Plan and reestablishment of native vegetation is required.
a. For any vegetation removed with a permit issued under [Section 12-6A-9.D];
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 12-6A-11].
2. Restoration Plan Performance Standards. The Vegetation Restoration Plan must satisfy the application
submittal requirements in [Section 12-6A-12] and:
a. Vegetation must be restored in one or more of the following restoration priority areas:
(1.) Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes
and bluffs;
(2.) Shoreline areas within 25' of the water with no natural vegetation, degraded vegetation, or planted
with turf grass;
(3.) Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded
vegetation, or planted with turf grass; or
(4.) Other approved priority opportunity areas, including priorities identified in the MRCCA Plan.
b. Include native 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, as they may be amended or revised from time to time.
c. Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-
rooted vegetation with a high stem density.
d. Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area
(square feet) of the restored vegetation should be similar to that removed to the greatest extent
practicable.
e. For restoration of removed native plant communities, restored vegetation must also provide biological
and ecological function equivalent to the removed native plant communities. The area (square feet) of
the restored vegetation should be equivalent to that removed to the greatest extent practicable.
f. Be prepared by a qualified individual or a licensed professional familiar with and experienced with native
landscape materials and planting techniques; and
g. Include a maintenance plan that includes management provisions for controlling invasive species and
replacement of plant loss for three (3) years.
3. The City will issue a certificate of compliance after the Vegetation Restoration Plan requirements have been
completed to the satisfaction of Public Works Director.
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12-6A-10 Land Alteration Standards and Stormwater Management
A. Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria,
and other contaminants, and maintain the stability of bluffs, shorelines, and other areas prone to erosion.
B. Land Alteration.
1. Within the Bluff Impact Zone, land alteration is prohibited, except for the following, which are allowed only by
permit.
a. Erosion control consistent with a plan approved by the City and consistent with [Section 12-6A-10.F.]
b. The minimum necessary for development that is allowed as an exception under [Section 12-6A-15]; and
c. Repair and maintenance of existing buildings and facilities.
2. Within the water quality impact zone, land alteration that involves more than ten (10) cubic yards of material
or affects an area greater than one 1,000 square feet requires a permit.
C. Rock Riprap, Retaining Walls, and other Erosion Control Structures.
1. 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, Part 6115.0215, Subp. 4, Item E, and
6115.0216, Subp. 2. Work must not proceed until approved by the Commissioner, permitted by the US Army
Corps of Engineers and all other permits are obtained. [See Figure 12-6A-10.1].
Figure 12-6A-10.1. Rip Rap Guidelines Diagram
2. 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 the provisions
of [Section 12-3-10.F] provided that:
a. If the project includes work at or below the OHWL, the Commissioner must approve or permit the
project.
b. The structures are used only to correct an established erosion problem as determined by the City.
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 5-feet in height and must be placed a minimum horizontal
distance of 10-feet apart; and
(2.) Riprap must not exceed the height of the regulatory flood protection elevation.
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3. 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.
D. Stormwater Management.
1. In the Bluff Impact Zone, stormwater management facilities are prohibited, except by permit if:
a. There are no alternatives for stormwater 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;
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.
2. In the Water Quality Impact Zone, development that creates new impervious surface, as allowed by
exemption in [Section 12-6A-15], or fully reconstructs existing impervious surface of more than 10,000
square feet requires a Stormwater Permit. Multipurpose trails and sidewalks are exempt if there is down-
gradient vegetation or a filter strip that is at least 5-feet wide.
3. In all other areas, stormwater runoff must be directed away from the Bluff Impact Zones or unstable areas.
E. Development on Steep Slopes. Construction of structures, impervious surfaces, land alteration, vegetation
removal, or other construction activities may be allowed on steep slopes, except for those areas in the Bluff Impact
Zone, and only if:
1. The Applicant can demonstrate that the proposed development can be accomplished without increasing
erosion or stormwater runoff;
2. The soil types and geology are suitable for the proposed development; and
3. Vegetation is managed according to the requirements of [Section 12-6A-9].
F. Conditions of Land Alteration Permit Approval. No permit for land alteration shall be approved unless:
1. Temporary and permanent erosion and sediment control measures to retain sediment onsite are consistent
with the best management practices in the Minnesota Stormwater Manual, as it may be amended or revised
from time to time;
2. Natural site topography, and soil and vegetation conditions are used to control runoff and reduce erosion
and sedimentation;
3. Construction activity is phased when possible;
4. All erosion and sediment controls are installed before starting any land disturbance activity;
5. Erosion and sediment controls are maintained to ensure effective operation;
6. The proposed work is consistent with the vegetation standards in Section [12-6A-9]; and
7. Best management practices are used for protecting and enhancing ecological and water resources as
identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, as it may
be amended or revised from time to time.
G. Compliance with Other Plans and Programs. All development must:
1. Be consistent with Minnesota Statutes, Chapter 103B, and local water management plans completed under
Minnesota Statutes, Chapter 8410;
2. Meet or exceed the wetland protection standards under Minnesota Rules, Chapter 8420; and
3. Meet or exceed the floodplain management standards under Minnesota Rules, Sections 6120. 5000 -
6120.6200.
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12-6A-11 Subdivision and Land Development Standards
A. Purpose.
1. To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment
of the remaining large sites within the corridor;
2. To establish standards for protecting and restoring biological and ecological functions of primary
conservation areas on large sites; and
3. To encourage restoration of native vegetation during development or redevelopment of large sites where
restoration opportunities have been identified in MRCCA Plans.
B. Applicability.
1. The design standards in this Section apply to subdivisions, planned unit developments, and master-planned
development and redevelopment of land involving ten (10) 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.
2. The following activities are exempt from the requirements of this Section:
a. Minor subdivisions consisting of two (2) 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.
3. Application materials. Project information listed in [Section 12-6A-12] must be submitted for all proposed
developments.
4. Design standards.
a. 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:
(1.) ROS District: 50 percent
(2.) RN District: 20 percent: and
(3.) SR District: Ten percent if the parcel includes native plant communities or provides feasible
connections to a regional park or trail system, otherwise no requirement.
b. If the primary conservation areas exceed the amounts specified in [Section 12-6A-11.B.4.(a)], then
protection of native plant communities and natural vegetation in riparian areas shall be prioritized.
c. 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 12-6A-9.F].
d. 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 areas according
to [Section 12-6A-9.F], and the area must be set aside and designated as protected open space.
e. Stormwater treatment areas or other green infrastructure may be used to meet the protected open
space requirements if the vegetation provides biological and ecological functions.
f. Transfer of development rights or the dedication of steep slopes, drainageways and wetlands as
allowed under [Section 11-1-8], or the dedication of land for public uses, including (but not limited to)
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public river access, parks, other open spaces or public facilities, and as allowed under [Section 11-5-1]
of the Mendota Heights City Code, may be counted toward the protected open space requirement.
g. 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.
5. Permanent protection of designated open space.
a. Designated open space areas must be protected through one or more of the following methods:
(1.) Public acquisition by a government entity for conservation purposes;
(2.) A permanent conservation easement, as provided in Minnesota Statutes, Chapter 84C;
(3.) A deed restriction; or
(4.) Other arrangements that achieve an equivalent degree of protection.
b. 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.
6. Alternative design standards. The City will consider the following alternative design option to increase the
permanent protection of Primary Conservation Areas (PCAs) in subdivisions and other new developments in
the MRCCA District and encourage restoration of native vegetation communities:
a. The City will grant density bonuses to increase the permanent protection of PCAs and/or native plant
communities up to 20 percent of the parcel area in the RN and SR Districts, provided the protection and
restoration of the entire development site is consistent with the requirements of this Section;
b. The City may approve density bonuses for a subdivision when the proposed subdivision meets the
objectives and requirements of this Chapter to protect and preserve bluffs, steep slopes, native
vegetation, natural resources, views of the bluffs area, and open space; and
c. The City shall determine the amount and location of the density bonus permitted for each subdivision
based on site conditions, zoning district regulations, and potential impacts to the site and surrounding
areas.
d. Alterative design standards may be considered through a planned unit development or cluster
development. Individual lots in a planned unit development or cluster development may not be required
to meet the design standards of this Section if it can be demonstrated that the overall development is
compliant with the standards and purpose of this Section.
12-6A-12 Site Plan Requirements
A. Site Plan Required. No building permit, zoning approval, or subdivision approval shall be issued for any action or
development located in an area covered by this Chapter until a Site Plan has been prepared and approved in
accordance with the provisions of this Chapter.
B. Site Plan Application. An official Critical Area Permit Application with a completed Site Plan shall be filed with the
Zoning Administrator containing evidence adequate to show that the proposed use will conform with the standards
set forth in this Chapter. Three (3) full sets of plans (either 22" x 34" or 24" x 36" sized sheets), three (3) tabloid
sized (11" x 17") plan sets, plus an electronic file (PDF preferred) of the full application materials shall be
submitted to the Zoning Administrator. No permit application shall be reviewed until it is complete.
C. Site Plan Contents. A fully detailed Survey or Site Plan drawn to scale appropriate to the size of the project and
suitable for the review to be performed, shall contain the following information:
1. A detailed description or narrative prepared by the owner(s) or developer(s) of the proposed project or
development.
2. A complete and legible legal description, address and location of the property, with the name and address of
the legal registered owner(s) and developer(s) of the property.
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3. A detailed plan identifying the subject property, adjoining lands, roads, railroads, existing subdivisions, any
primary conservation areas (PCA); public river corridor views, ordinary high-water level (OHWL) of any
adjacent or affected wetlands features, bluff-lines, and all required setbacks.
4. Existing topography as indicated on a contour map having a contour interval no greater than 2-feet per
contour. The contour map shall also clearly delineate any bluff line, Bluff Impact Zone, all streams, including
intermittent streams and swales, rivers, water bodies, any identifiable underground springs, and wetlands
located on the site.
5. A plan delineating the existing drainage of the water setting forth in which direction the volume, and at what
rate the stormwater is conveyed from the site. The plan must also include those areas on the site where
stormwater collects and is gradually percolated into the ground or slowly released to a stream or lake.
6. A description of the soils on the site, including a map indicating all soil types by area to be disturbed. The
description shall also include a soil report containing detailed information on the suitability of the soils for the
type of development proposed as well as for the type of sewage disposal proposed. The plan must also
describe any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for
grading shall be identified by soil type, both as to soil type of existing topsoil and soil type of the new
contour. The location and extent of any erosion areas shall be included in the soils description.
7. A description of any features, buildings, or areas which are of historic significance.
8. A plan indicating the proposed finished grades of the project development site illustrating contours at the
same intervals proposed above or in more detail if required to clearly indicate the relationship of proposed
changes to existing topography and remaining features.
9. A landscape plan drawn to an appropriate scale, including dimensions, distance, location, type, size, and
description of all existing and significant vegetation, clearly locating and describing any vegetation proposed
for removal and all proposed landscape materials which will be added to the site as part of the development.
All new landscaping must include native varieties of deciduous, coniferous, and ornamental trees and
shrubs, along with new pollinator friendly plants and vegetation, and no invasive species.
10. A proposed drainage plan of the developed site delineating in which direction, volume, and at what rate
stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be
allowed to collect and gradually percolate into the soil, or be slowly released to a stream or lake. The plan
shall also set forth the hydraulic capacity of all structures to be constructed or exiting structures to be
utilized, including volume or holding ponds.
11. An erosion and sedimentation control plan indicating the type, location, and necessary technical information
on control measures to be taken both during and after construction, including the calculated anticipated
gross soil loss expressed in tons/acres/year both during and after construction.
12. The proposed size, placement, alignment, height, and intended use of any structures, including retaining
walls, to be erected or located on the site.
13. A clear delineation of all areas which will be paved or surfaced including a description of the surfacing
material to be used.
14. A description of the method to be provided for vehicular and pedestrian access to the proposed development
and public access to the river and/or public river view opportunities both before and after development. The
description must also include the development's impact on existing views of and along the river.
15. A description of all parking facilities to be provided as part of the development, including an analysis of
parking needs generated by the proposed development.
16. A clear delineation of the area or areas to be dedicated for public use.
17. A clear delineation of the location and amount of excavated soils to be stored on the site during construction.
18. Any other information pertinent to the project, which in the opinion of City Staff and/or the Applicant, is
necessary or helpful for the review of the project.
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D. Minor Development. A minor development and/or minor change involving a single-family dwelling, may be
approved by the City Council without a Public Hearing if the project plans conform to the general standards of this
Chapter. The City Administrator shall bring the request to the attention of the City Council at its next regular
meeting following receipt of an administrative Critical Area Permit Application.
Eligible projects include, but are not limited to, minor building additions, decks, fences, driveways, walkways,
stairs, open patios or outdoor sitting areas, accessory storage sheds, gazebos, chicken coops, retaining walls 2-
feet or less in height, landscaping materials and gardens, and similar structures. Proposed projects and sites must
comply with the following conditions:
1. No part of the project shall impact any area with slopes greater than 18 percent.
2. No part of the project shall impact, disturb or be situated in a bluffline setback area as defined by this
Chapter, whether on the same parcel or on an abutting parcel of land,
3. The proposed project shall not expand the enclosed area of the principal or accessory structures by more
than 200 square feet.
4. The proposed project shall not increase or exceed the height of any existing structure.
5. The proposed project shall be in compliance with all other requirements of this Chapter, and any other
applicable regulations.
6. The proposed project shall not result in significant changes to the existing finished grade.
7. The proposed project areas shall include native vegetation.
12-6A-13 Official Review Process
Proposed developments or activities within the MRCCA shall be subject to the following review procedure:
A. Referral to Planning Commission. Except as otherwise provided in [Subsection 12-5B-4B (Minor Developments)]
of this Chapter, the Zoning Administrator shall refer all Critical Area Permits and Site Plans to the Planning
Commission.
B. Planning Commission Notice and Hearing on Application and Site Plan. The Planning Commission shall hold a
Public Hearing affording an opportunity for all parties interested to be heard. The City shall give not less than ten
(10) nor more than 30 days' notice of the time and place of the hearing. Notice of the hearing shall be published in
the designated legal newspaper for the City, and shall contain a description of the land and the proposed use. At
least ten (10) days before the hearing, the City shall mail a notice to the owner(s) of the property in question and
to each of the property owners within 350-feet of the outside boundaries of the land described in the Site Plan.
Failure of the City to mail such notice or failure of the property owners to receive said notice shall not invalidate
the proceedings.
Within 60 days after the date the City receives a complete application , and unless the statutory review period as
provided for under Minnesota Statute §15.99 is extended or waived by the Applicant or the City as permitted by
law, the Planning Commission shall conduct a hearing and forward a written report to the City Council stating its
findings and recommendation.
C. City Council Consideration on Application and Site Plan. Within 30 days after the receipt of the written report and
recommendation of the Planning Commission, the City Council shall meet and give full consideration to the
application, Site Plan, written report, and recommendation, without a Public Hearing.
If the Planning Commission fails to make a written report or recommendation to the City Council within 60 days
after the acceptance of the application and Site Plan, and unless the statutory review period has been expressly
waived by the Applicant as allowed under Minnesota Statute §15.99, the City shall set an additional Public
Hearing before the City Council. The hearing must be held within 30 days after the expiration of the 60 day period.
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Failure to receive a written report and recommendation from the Planning Commission shall not invalidate the
proceedings or action of the City Council.
The City shall give not less than ten (10) nor more than 30 days mailed notice of the time and place of a hearing to
the owner(s) of the property in question and to each of the property owners within 350-feet of the outside
boundaries of the land described in the Site Plan. Failure of the property owners to receive the notice shall not
invalidate the proceedings.
After its consideration of an application and Site Plan, either with or without a Public Hearing, the City Council may
take final action upon the application and Site Plan or may continue the hearing for further investigation and study.
The City Council may also request further information from the Applicant or from the Planning Commission.
D. Amendments. Any proposed amendment to this Chapter may be referred to the Planning Commission for its
consideration and recommendations.
12-6A-14 Notification to Resource Agencies
A. Amendments to this Chapter and to the MRCCA Plan must be submitted to the Commissioner as provided in
Minnesota Rule, Part 6106.0070, Subp. 3, items B-I, and via email to the appropriate DNR Area Hydrologist.
B. Notice of Public Hearings for discretionary actions, including Critical Area Permits, 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 20 days prior to the hearing:
1. The Commissioner in a format prescribed by the DNR;
2. National Park Service; and
3. Where proposed building heights exceed the height limits specified in [Section 12-6A-6] as part of the
conditional use or variance process, to the adjoining local governments within the MRCCA, including those
with overlapping jurisdiction and those across the river.
C. Notice of final decisions for actions in [Section 12-6A-13], including findings of fact, must be sent to the
Commissioner, the National Park Service, and adjoining local governments within the MRCCA within (10) days of
the final decision.
D. Requests to amend district boundaries must follow Minnesota Rule part 6106.0100, Subp. 9, Item C.
E. The DNR must be notified of master plans, PUDs, preliminary and final plats at the time of application submittal.
12-6A-15 Exemptions
A. Purpose. To provide exemptions to structure placement, height and other standards for specific river or water
access dependent facilities as provided in Minnesota Statutes, Section 116G.15 Subd. 4.
B. Applicability.
1. Uses and activities not specifically exempted in this Section must comply with this Chapter. Uses and
activities exempted under Shore Impact Zone and Bluff Impact Zone must comply with the vegetation
management and land alteration standards in [Sections 12-6A-9 and 12-6A-10].
2. Uses and activities in [Section 12-6A-15.B.3] are categorized as:
a. E - Exempt means that the use or activity is allowed;
b. (E) - Exempt if no alternative means that the use or activity is allowed only if no alternatives exist; and
c. N - Not exempt means that a use or activity is not exempt and must meet the standards of this Chapter
d. N/a - not applicable.
3. Use and activity exemptions classification.
a. General uses and activities.
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Table 12-6A-15.1 General Uses and Activities
Use or Activity Setbacks Height
Limits
Shore
Impact
Zone
(SIZ)
Bluff
Impact
Zone
(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.
Barns, silos, and farm structures N E N N
Bridges and bridge approach
roadways E E E (E) [Section 12-6A-8]
Wireless communication towers E E N N [Section 12-6A-5.B.6]
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
b. Public utilities.
Table 12-6A-15.2 Public Utilities
Use or Activity Setbacks Height
Limits
Shore
Impact
Zone
(SIZ)
Bluff
Impact
Zone
(BIZ)
Applicable standards with
which the use or activity must
comply
Electrical power facilities E E E (E) [Section 12-6A-8]
Essential services (other than
stormwater facilities) E E E (E) [Section 12-6A-8]
Stormwater facilities E N E (E) [Section 12-6A-10]
Wastewater facilities E N E N [Section 12-6A-8]
Public transportation facilities E N (E) (E) [Section 12-6A-8]
c. Public recreational facilities.
Table 12-6A-15.3 Public Recreational Facilities
Use or Activity Setbacks Height
Limits
Shore
Impact
Zone
(SIZ)
Bluff
Impact
Zone
(BIZ)
Applicable standards with
which the use or activity must
comply
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Accessory structures, such as
monuments, flagpoles, light
standards, and similar park
features
E E (E) (E)
[Section 12-6A-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 12-6A-8]
Parking lots (E) N (E) (E)
[Section 12-6A-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 12-6A-8]
Natural-surfaced trails, access
paths, and viewing platforms E N E E [Section 12-6A -8]
Hard-surfaced trails and
viewing platforms E N E (E)
[Section 12-6A-8; within BIZ,
only on slopes averaging less
than 30%
Water access ramps E N E (E) [Section 12-6A-8]
Public signs and kiosks for
interpretive or directional
purposes
E N E (E) [Section 12-6A-8]
d. River-dependent uses.
Table 12-6A-15.4 River-Dependent Uses
Use or Activity Setbacks Height
Limits
Shore
Impact
Zone
(SIZ)
Bluff
Impact
Zone
(BIZ)
Applicable standards with which
the use or activity must comply
Shoreline facilities E N1 E (E)
[Section 12-6A-5.B.5]. 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 12-6A-5.B.5]
(1.) River-dependent commercial, industrial and utility structures are exempt from height limits only if
greater height is required for operational reasons.
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e. Private residential and commercial access and use facilities.
Table 12-6A-15.5 Private Residential and Commercial Access and Use Facilities
Use or Activity Setbacks Height
Limits
Shore
Impact
Zone
(SIZ)
Bluff
Impact
Zone
(BIZ)
Applicable standards with
which the use or activity must
comply
Private roads serving 3 or
more lots (E) N N (E)
[Section 12-6A-7]; in BIZ, only on
slopes averaging less than 30%.
Exemption does not apply to
private roads serving fewer than
3 lots or to private driveways and
parking areas
Access paths E N E E [Section 12-6A -7]
Water access ramps E N E N [Section 12-6A -7]
Stairways, lifts and landings E N E E [Section 12-6A -7]
Water-oriented accessory
structures E N E N [Section 12-6A 3-7]
Patios and decks E N N N [Section 12-6A -7.E]
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 12-6A -10.C, 12-6A -
10.E, and 12-3-10.F]
Flood control structures E N E (E) [Section 12-6A-10]
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Chapter 7 DRAFT 08.13.2024
CHAPTER 7: PROPERTY MAINTENANCE
ARTICLE A. RESIDENTIAL PROPERTY MAINTENANCE
12-7A-1 Findings and Purpose Statement
A. The city council finds that it is in the best interest of the city to protect the public health, safety, and general
welfare of its citizens. To this end, the city believes that by adoption of these residential property maintenance
regulations, it will further the following objectives:
1. To preserve the value of residential property within the city;
2. To protect the character and stability of neighborhoods within the city;
3. To provide for minimum standards of maintenance for residential property within the city and ensure
compliance;
4. To cause correction to conditions on residential property that do not comply with the standards of
maintenance established herein.
5. Assist in identification and correction of dangerous or life threatening conditions that may be identified within
the city.
6. Provide a mechanism to mitigate potential public health issues identified within the city. (Ord. 401, 7-19-
2005)
12-7A-2 Building Structure Appearance and Maintenance Requirements
A. Any building or structure, including an accessory structure, is a public nuisance if its exterior does not comply with
the following requirements:
1. All exterior property shall be maintained in a clean, safe, and sanitary condition. The occupant shall keep
that part of the exterior property, which such occupant occupies, or controls in a clean and sanitary
condition.
2. All dwellings, garages and other residential accessory buildings shall have complete siding. No part of any
exterior surface shall have significant deterioration including, but not limited to, holes, breaks, gaps, or loose
or rotting siding. All exterior surfaces of the structure including, but not limited to, doors, door and window
frames, cornices, porches and trim, shall be maintained in a good and safe condition. Exterior wood surfaces
on the structures, other than decay resistant woods, stucco or other materials that do not normally require
protection from the elements shall be protected from the elements and decay by staining, painting or other
protective covering or treatment or other appropriate method acceptable to the city. (Ord. 401, 7-19-2005)
12-7A-3 Exterior Property Public Health and Safety Requirements
A. Any building or structure in the city that is found by an authorized employee or agent of the city to be dangerous to
public safety or health by reason of the following is hereby declared to be a public nuisance and a hazardous
structure or condition:
1. Damaged by fire, storm, or vandalism;
2. Defective chimneys or stovepipes;
3. Dilapidated condition or decay; or
4. Any other defect endangering the public safety or health.
B. Any structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, presents
environmental health risks or which lacks provisions for safe illumination, ventilation, or sanitary facilities to the
extent that the defects create a hazard to the health, safety, or welfare of the occupants or of the public, may be
declared unfit for human habitation or unsafe to the public by the city.
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C. Whenever any building has been declared unfit for human habitation or unsafe to the public, the city may proceed
to declare the building a hazardous building or hazardous property and may seek to correct or remove the
hazardous condition as authorized by Minnesota law. (Ord. 401, 7-19-2005)
12-7A-4 Firewood Storage
A. The term "firewood" shall mean split wood or unsplit wood logs cut into lengths not exceeding three feet (3') for the
purpose of burning in a fireplace or as a recreational fire on the property.
B. Firewood shall be kept or stored outdoors in accordance with the following requirements:
1. Firewood shall be stored or kept in a neat and secure stack (maximum of 2 cords, defined as 128 cubic feet
per cord), which shall be no higher than five feet (5').
2. Unless screened by a fence or wall, stacks shall be no closer than five feet (5') to the property line.
3. The firewood stacks shall not be allowed to become infested with rats, rodents, or vermin.
4. Fallen, uncut trees shall be removed or cut up into firewood as soon as it is practicable, not to exceed ninety
(90) days. The city council may extend this period, upon written request by the property owner, for an
additional ninety (90) days. This requirement may be waived by the code enforcement officer where it is
determined that due to natural environmental conditions, the trees do not present a hazard or nuisance.
(Ord. 401, 7-19-2005)
12-7A-5 Other Outdoor Storage
A. Except provided for herein or as specifically allowed within the specific zoning districts established by this title, all
materials and equipment shall be stored within a structure.
B. Exceptions:
1. Clothesline poles and lines, play equipment, garden equipment, patio furniture, and trampolines.
2. Not more than four (4) currently licensed and operable vehicles, including trailers, may be parked or stored
on property outside a structure on single-family residential lots. All such parking and/or storage shall be
allowed as follows:
a. In the front yard, provided they are kept on an established driveway, entirely on the vehicle owner's
property. Except as provided herein, recreational vehicles may not be parked or stored on public
property or street right of way.
b. In the rear yard not closer than ten feet (10') from the rear lot line, five feet (5') from the side lot lines,
and not within drainage and utility easements.
c. On a corner lot or through lot, not closer than twenty feet (20') from the property line abutting the street
side of the lot and not within drainage and utility easements. Where such parking and/or storage is to be
located within side or rear yards of corner or through lots, such side or rear yard shall be screened with
landscaping and/or fencing from the public street.
d. All vehicles must be parked on concrete or bituminous pavement.
3. Construction and landscaping material, which shall be consumed or used on the property within the next
thirty (30) days and kept in a neat, workmanlike fashion.
4. Off street parking of motor vehicles as specified in the respective zoning districts.
5. Temporary storage pods used to temporarily store items during house remodeling shall be kept on the
driveway for a period not to exceed ninety (90) days except by CUP application for major remodeling.
6. No pallets shall be stored on the property seven (7) days after they are no longer used. (Ord. 401, 7-19-
2005)
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12-7A-6 Accumulations and Hazardous Material
A. Accumulations: Rubbish, garbage, or other hazardous and dangerous materials shall not be stored or allowed to
accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress.
B. Hazardous Material: Hazardous substances, refuse, pollutants and contaminants, as those terms are defined by
federal, state, and local laws, shall not be accumulated or stored unless storage complies with the applicable
requirements of all laws, rules and ordinances pertaining to the activity, including, but not limited to, the city's
building code and the city's fire prevention code. (Ord. 401, 7-19-2005)
12-7A-7 Rubbish and Garbage
A. Accumulation Of Rubbish And Garbage: All exterior property, and the interior of every structure, shall be free from
any unreasonable accumulation of rubbish and garbage causing a nuisance.
B. Disposal Of Rubbish: Every occupant of a structure shall reasonably store and dispose of all rubbish and garbage
in a clean and sanitary manner in accordance with all laws.
1. Screening: Garbage and recycling containers shall be either: a) stored inside a dwelling or other residential
accessory structures not visible from the public street or adjoining neighbors; or b) stored outside fully
screened by landscaping or fencing materials keeping the garbage and recycling containers from being
visible from the public street or adjoining neighbors.
C. Curbside Collection: Appliances, furniture and similar items shall not be left outside for collection and disposal for
more than seventy two (72) hours. Appliances not awaiting collection and disposal shall not be placed outside.
D. Garbage Cans: Garbage cans may be put out for collection the night before and must be retrieved the next
evening. (Ord. 401, 7-19-2005)
12-7A-8 Storm Drainage
A. General: Storm water runoff and drainage of roofs and other hard surfaced areas, yards, courts, and other open
areas on the property shall not be allowed to occur in a manner that creates a public nuisance. (Ord. 401, 7-19-
2005)
12-7A-9 Temporary Goat Grazing
A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on
residential properties is permitted subject to the review and approval of a Prescribed Goat Grazing Permit, as per
City Code Title 5-3-11. (Ord. 566, 7-6-2021)
12-7A-10 Abatement and Enforcement Procedures
A. Enforcement Officials: The city council shall enforce the provisions of this chapter and may by resolution delegate
to various officers or agencies power to enforce particular provisions of this chapter, including the power to inspect
private property.
B. Notice To Abate: Whenever, in the judgment of city council or the officer charged with enforcement of this chapter,
it is determined that a violation hereof is being maintained or exists within the city, such officer shall notify in
writing the person committing or maintaining such violation and the owner of the property and require them to
remedy such violation and to remove such conditions or remedy such defects. Such written notice shall be
delivered to the person committing or maintaining violation and the owner of the property or may be delivered by
mail. If the property is not occupied and the address of the owner is unknown, service on the owner may be
accomplished in the manner specified for service in rule 4 in the Minnesota rules of civil procedure, except in the
case of an emergency and then in such case, service shall be accomplished after posting such notice for twenty
four (24) hours. Such notice shall require the owner or occupant of the property, or both, to take corrective steps
within a time as defined by the officer charged with enforcement to remedy such violations, such steps and time to
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be designated in the notice, but the maximum time to remedy a violation after service of such notice shall not
exceed one hundred twenty (120) days. In the case of severe financial or physical hardship, the council may grant
an extension to the time limit. Said violation shall be corrected "immediately" in the case of imminent danger to the
public health, safety, or welfare. Service of notice may be proven by filing an affidavit of service in the office of the
city clerk setting forth the manner and time thereof.
C. Report Of Failure To Abate: When notice so given is not complied with, such noncompliance shall be reported
forthwith to the city for such action as may be necessary and deemed advisable to abate and enjoin further
continuation of such nuisance, including referring the matter to the city's prosecuting attorney to pursue a judicial
remedy on behalf of the city. A violation of this chapter shall be subject to a penalty as provided in section 1-4-1 of
this code.
D. Abatement By City: In the event the city chooses to abate said violation, the city shall adopt a resolution setting
forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property
owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the
city shall take all actions necessary to abate said violation, keeping accurate records of the cost of the same.
E. Costs To Owner: The finance director shall prepare a bill and mail it to the owner of the property for the costs
incurred by the city, including, but not limited to, administrative costs, attorney fees and costs and the costs of any
outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately
due and payable to the city (the "bill").
F. Costs A Special Tax: If the bill is not paid to the city within twenty (20) days after the mailing of the bill, the city
clerk shall extend the costs of abating the violation as a special tax against the property upon which the violation
was located, and such special tax shall, at the time of certifying taxes to the county auditor, be certified for
collection as other special taxes are certified and collected. The city council may specify an additional penalty for
such special tax collections. (Ord. 401, 7-19-2005; amd. Ord. 566, 7-6-2021)
ARTICLE B. COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE
12-7B-1 Findings and Purpose Statement
A. The city council finds that it is in the best interest of the city to protect the public health, safety, and general
welfare of its citizens. To this end, the city believes that by adoption of these commercial/industrial property
maintenance regulations, it will further the following objectives:
1. To preserve the value of commercial and industrial property within the city;
2. To protect the character and stability of commercial and industrial areas of the city;
3. To provide for minimum standards of maintenance for commercial/industrial properties within the city and
ensure compliance;
4. Provide a mechanism to place conditions upon those commercial/industrial properties which do not comply
with the standards of maintenance established herein;
5. Assist in correction of dangerous or life threatening conditions that may be identified within the city;
6. Provide a mechanism to mitigate potential public health issues identified within the city. (Ord. 444, 11-20-
2012)
12-7B-2 Building and Structure Appearance and Safety Requirements
A. Building Material Condition: Any building or structure, including retaining walls, is a public nuisance if its exterior
does not comply with the following requirements:
1. All exterior property shall be maintained in a clean, safe, and sanitary condition.
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2. No part of any exterior building surface shall have significant deterioration including, but not limited to, holes,
breaks, gaps, or loose or rotting materials. All exterior surfaces of the structure including, but not limited to,
doors, door and window frames, cornices, porches and trim, shall be maintained in a good and safe
condition. Exterior wood surfaces on the structures, other than decay resistant woods, stucco or other
materials that do not normally require protection from the elements shall be protected from the elements and
decay by staining, painting or other protective covering or treatment or other appropriate method acceptable
to the city. With regard to broken windows, repair shall require replacement of all broken glass.
B. Premises Identification: All buildings shall have address numbers placed in a position to be plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with their background. Address
numbers shall be arabic numerals. Numbers shall be a minimum of four inches (4") in height or larger as
necessary to ensure visibility.
C. Architectural Elements: All architectural elements including, but not limited to, cornices, belt courses, corbels, terra
cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage
and in a safe condition. (Ord. 444, 11-20-2012)
12-7B-3 Maintenance Requirements for Vacant Buildings
A. Maintenance:
1. Any vacant building or structure in the city that is found by an authorized employee or agent of the city to be
dangerous to public safety or health by reason of the following is hereby declared to be a public nuisance
and a hazardous structure or condition:
a. Damaged by fire, storm or vandalism
b. Defective chimneys or stovepipes
c. Dilapidated condition or decay, or
d. Any other defect endangering the public safety or health.
2. Any vacant structure which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested,
presents environmental health risks or which lacks provisions for safe illumination, ventilation, or sanitary
facilities to the extent that the defects create a hazard to the health, safety, or welfare of the public, may be
declared unfit for human habitation or unsafe to the public by the city.
3. Whenever any vacant building has been declared unfit for human habitation or unsafe to the public, the city
may proceed to declare the building a hazardous building or hazardous property and may seek to correct or
remove the hazardous condition as authorized by Minnesota law.
B. Security Measures: Vacant buildings violating the terms of subsection A of this section shall be secured in
accordance with Minnesota state statutes 463.251 and applicable building code requirements.
1. Windows and doors shall be covered to prevent entry within a frame, and with covering materials that are
designed to complement or match those of the existing building.
2. Any part of the building, such as walls or roof, which is damaged in such a way as to allow possible entry,
shall be repaired with materials that match the materials used for that part elsewhere on the building, and in
a manner which masks the visible impression of vacancy. (Ord. 444, 11-20-2012)
12-7B-4 Landscaping and Grounds Maintenance
A. Vegetation, Trimming And Replacement (Trees And Shrubs): The owner and any respective agents responsible
by contract or law for property maintenance shall be jointly and severally responsible for the planting, trimming and
maintenance of all site trees and shrubs in a condition presenting a healthy, neat and orderly appearance which is
free from refuse and debris.
B. Fencing: Any fence is a public nuisance if it does not comply with the following requirements:
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1. The fence shall be firmly fastened and anchored in order that it is not leaning or otherwise in any stage of
collapse.
2. The fence shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces,
or holes, breaks, or gaps not otherwise intended in the original design of the fence. The fence shall be free
from any defects or condition which makes the fence hazardous.
3. All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the
elements by paint or other protective surface covering or treatment, which shall be maintained in good repair
to provide the intended protection from the elements.
4. No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish, including, but
not limited to: paint or other protective covering or treatment, on more than twenty percent (20%) of any one
linear ten foot (10') section of the fence. (Ord. 444, 11-20-2012)
12-7B-5 Signs and Lighting
A. Signage: All signs shall be maintained in a safe, presentable and good structural condition at all times.
Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts, replacement of
missing letters and other necessary acts. Any sign which the city finds is in a dangerous or defective condition
shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located.
B. Exterior Lighting: All light fixtures shall be maintained in good repair. Lights for illuminating parking areas, loading
areas or yards for safety and security purposes shall be maintained in such a manner that the maximum
illumination levels established within the city's zoning regulations are not exceeded. (Ord. 444, 11-20-2012)
12-7B-6 Rubbish, Garbage, and Trash
A. Accumulation And/Or Storage Of Rubbish And Garbage: All exterior property areas shall be free from any
unreasonable accumulation of rubbish and garbage.
B. Disposal Of Rubbish: Every occupant of a structure shall reasonably store and dispose of all rubbish and garbage
in a clean and sanitary manner in accordance with all laws, including, but not limited to, title 4, chapter 2 of this
code.
C. Screening: Garbage and recycling containers shall be either: 1) stored inside a building such that they are not
visible from adjacent public streets or adjoining properties; or 2) stored outside but fully screened from view of
adjacent public streets or adjoining properties by landscaping or fencing materials.
D. Collection: Discarded materials and equipment shall not be left outside for collection and disposal for more than
seventy-two (72) hours. Materials and equipment not awaiting collection and disposal shall not be placed outside.
(Ord. 444, 11-20-2012)
12-7B-7 Temporary Goat Grazing
A. The temporary and periodic use of a limited number of goats for invasive and noxious vegetation control on
commercial or industrial properties is permitted subject to the review and approval of a Prescribed Goat Grazing
Permit, as per City Code Title 5-3-11. (Ord. 566, 7-6-2021)
12-7B-8 Abatement and Enforcement Procedures
A. Enforcement Officials: The city council shall enforce the provisions of this chapter and may by resolution delegate
to various officers or agencies power to enforce particular provisions of this chapter, including the power to inspect
private property.
B. Notice To Abate: Whenever, in the judgment of city council or the officer charged with enforcement of this chapter,
it is determined that a violation hereof is being caused or exists within the city, such officer shall notify in writing
the person committing or maintaining such violation and the owner of the property and require them to remedy
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such violation and to remove such conditions or remedy such defects. Such written notice shall be delivered to the
person committing or maintaining violation and the owner of the property or may be delivered by mail. If the
property is not occupied and the address of the owner is unknown, service on the owner may be accomplished in
the manner specified for service in rule 4 in the Minnesota rules of civil procedure, except in the case of an
emergency and then in such case, service shall be accomplished after posting such notice for twenty-four (24)
hours. Such notice shall require the owner or occupant of the property, or both, to take corrective steps within a
time as defined by the officer charged with enforcement to remedy such violations, such steps and time to be
designated in the notice, but the maximum time to remedy a violation after service of such notice shall not exceed
one hundred twenty (120) days. In the case of severe financial or physical hardship, the council may grant an
extension to the time limit. Said violation shall be corrected "immediately" in the case of imminent danger to the
public health, safety, or welfare. Service of notice may be proven by filing an affidavit of service in the office of the
city clerk setting forth the manner and time thereof.
C. Report Of Failure To Abate: When notice so given is not complied with, such noncompliance shall be reported
forthwith to the city for such action as may be necessary and deemed advisable to abate and enjoin further
continuation of such nuisance, including referring the matter to the city's prosecuting attorney to pursue a judicial
remedy on behalf of the city. A violation of this chapter shall be subject to a penalty as provided in section 1-4-1 of
this code.
D. Abatement By City: In the event the city chooses to abate said violation, the city shall adopt a resolution setting
forth the specific details of the corrective matters to be taken. A copy of the resolution shall be sent to the property
owner by certified mail and if the violation is not abated within ten (10) days of the mailing of said resolution, the
city shall take all actions necessary to abate said violation, keeping accurate records of the cost of the same.
E. Costs To Owner: The finance director shall prepare a bill and mail it to the owner of the property for the costs
incurred by the city, including, but not limited to, administrative costs, attorney fees and costs and the costs of any
outside contractor engaged by the city to correct such violation, and thereupon the amount shall be immediately
due and payable to the city (the "bill").
F. Special Assessment: If the bill is not paid to the city within twenty (20) days after the mailing of the bill, the city
clerk shall extend the costs of abating the violation as a special assessment against the property upon which the
violation was located, and such special assessment shall, at the time of certifying taxes to the county auditor, be
certified for collection as other special taxes and assessments are certified and collected. The city council may
specify an additional penalty for such special assessment collections.
G. Alternative Means Of Enforcement: This section provides an alternative means of enforcement of the terms of this
chapter, and nothing in this section shall be construed in such a way as to limit or restrict the city's right to pursue
available remedies under other law, including civil or criminal proceedings, as may be applicable. (Ord. 444, 11-
20-2012; amd. Ord. 566, 7-6-2021)
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CHAPTER 8: RULES AND DEFINITIONS
ARTICLE A. PURPOSE AND GENERAL PROVISIONS
12-8A-1 Rules of Word Construction
The language set forth in the text of this Zoning Ordinance shall be interpreted in accordance with the following rules of
construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses, and the future the present.
C. The word “shall” and “must” are mandatory, and the word “may” is permissive.
D. Whenever a word or term defined hereinafter appears in the text of this Zoning Ordinance, its meaning shall be
construed as set forth in such Chapter.
E. Whenever a word or term in this Zoning Ordinance is not expressly defined in this Chapter, then the word shall
be construed to have the common definition as established by dictionary.
F. All measured distances expressed in feet shall be to the nearest tenth of a foot.
ARTICLE B. DEFINITIONS OF ZONING CHAPTERS 1, 2, 3, 4, 5 AND 7 OF THIS TITLE
12-8B-1 Definitions
ACCESSORY MOTOR FUEL STATIONS USES. Include one or more of the following:
A. Rental of camper trailers of less than fifteen feet (15') in length.
B. Rental of camper trucks and camper buses.
C. Rental of open, covered, and stake trailers.
D. Rental of trucks except tractor trailer units.
E. Motor fuel station convenience stores.
ACCESSORY USE OR STUCTURE. A use or structure subordinate to and serving the principal use or structure on the
same lot and customarily incidental thereto.
ACCESSORY BUILDING – PRIVATE GARAGE. Means an Accessory Building that is generally used for storage of
personal vehicles and other residential storage and is for the purpose of serving a single-family attached or detached
residential unit. The Private Garage may be attached or detached to the Principal Building.
ACCESSORY STRUCTURE – STORAGE BUILDING. Means an Accessory Building that is generally used for the
storage of personal items. Such structures may include a small storage shed or chicken coop, etc.
ACCESSORY STRUCTURE – NON-BUILDING STRUCTURES. Means an Accessory Structure that does not meet the
definition of a Building but is permanently affixed to the land and may increase the impervious coverage of a property.
Such structures may include, but are not limited to, a children’s play structure, children’s treehouse, above ground or
inground pool, sport court, gazebo, patio, etc.
ADULT USES. See Article C of this Chapter.
AGRICULTURE-URBAN. An area less than five (5) contiguous acres which is used for the purpose of growing produce
including crops, fruits, trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended
solely for the use of residents on the property or sale away from the property. It shall not include the raising of animals,
roadside stands for sale of products, processing or packaging operations, or similar uses.
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AIRPORT OR HELIPORT. Any land or structure which is used or intended for use for the landing and takeoff of aircraft
and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights of
way.
ALLEY. A public right of way which affords a secondary means of access to abutting property.
ALTERNATIVE ENERGY SYSTEM. A ground source heat pump, wind or solar energy system.
ANIMALS, DOMESTIC. Dogs, cats, birds and other common domestic household pets including female chickens
(Gallus gallus domesticus) kept for purposes of companionship or egg production for household use only.
ANIMALS, FOOD. Fish, fowl, cattle, swine, sheep and others typically raised for purposes of food consumption, with
the exception of bees where specifically allowed by the zoning districts.
ANIMALS, FUR. Animals raised for pelts.
APARTMENT. A room or suite of rooms with full housekeeping facilities which is rented on a monthly basis.
ATTORNEY. The person licensed by the state to practice law who has been engaged by the city council.
AUTOMOBILE REDUCTION YARD. A lot or yard where three (3) or more unlicensed motor vehicles or the remains
thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers,
including bodywork, framework, and major painting service.
AUTOMOBILE REPAIR, MINOR. The replacement of any part or repair of any part which does not require the removal
of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and
upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of a
three- fourths (3/4) ton rating.
BASEMENT. That portion of the building having more than one- half (1/2) of the floor to ceiling height below the
average grade of the adjoining ground.
BASEMENT, EXPOSED. A portion of a building located partly underground, but having less than half its floor to ceiling
height below the average grade of the adjoining ground.
BLOCK. An area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior
boundary lines of the subdivision and/or bodies of water.
BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by prearrangement for
definite periods, meals or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons.
BUILDABLE AREA. Buildable Area is the area on a lot excluding the required front yard setback, all delineated
wetlands, waterways or lakes as established by OHWL, steep slopes in excess of 18%, Bluff setback or Bluff Impact
Zone.
BUILDING. Any structure having a roof and at least three (3) walls which may provide shelter or enclosure of persons,
animals, or chattels, and when said structure is divided by party walls without openings, each portion of such building
so separated shall be deemed a separate building.BUILDING FOOTPRINT. The outline of the total area covered by a
building's perimeter at the ground level to the block/foundation.
BUILDING HEIGHT. The vertical distance from the average grade of the front building line, as established in the
approved grading plan for the lot, to the top of the cornice of a flat roof, to a point of the roof directly above the highest
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wall of a shed roof, to the uppermost point on a round or other arch type roof, to the average distance of the highest
gable on a pitched or hip roof.
BUSINESS. Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies
time, attention, labor and materials, or where services are offered for compensation.
CARPORT. An open sided, roofed automobile shelter usually formed by extension of the roof from the side of a
building.
CHICKEN COOP. Any structure used for the housing of chickens.
CHICKEN RUN. A fenced outdoor area for the keeping and exercising of chickens.
CHURCH. A building, together with its accessory building and uses, where persons regularly assemble for religious
worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious
body organized to sustain public worship.
CLUB OR LODGE. A nonprofit association of persons who are bona fide members paying annual dues, the use of
premises being restricted to members and their guests.
CLUSTER OR CLUSTERING (HOUSING). The word “clusters or clustering” means the placement of two (2) or more
housing units, whether single-family, or multi-family, or mixed, in closer proximity than is permitted under the
regulations applicable to the Zoning District or districts in which the project area is proposed to be located.
COLLEGE (OR UNIVERSITY). An educational institution, either private or public, which offers classes and training to
full and/or part time students in academic fields, and which offers associate, baccalaureate, and/or graduate degrees
or diplomas. A college or university may include accessory facilities including housing, recreation facilities, and other
facilities for the convenience of the student population.
COMMERCIAL OFFICES. A commercial use involving predominantly administrative, clerical, or professional
operations. Commercial offices may include professional and administrative training, but shall not include direct retail
commercial transaction activities. Professional training may include classes and training offered by professional or
administrative entities to consumers of professional services.
COMMON OPEN SPACE. That portion of the total property of a planned unit development to be used by its residents
for both passive and active recreation and owned and maintained by an agency other than the Governing Body.
COMPREHENSIVE PLAN. Unless otherwise stated, it is the general plan for land use, transportation and community
facilities prepared and maintained by the Planning Commission and approved by the City Council.
CONDITIONAL USE. Either a public or private use which, because of its unique characteristics, cannot be properly
classified as a permitted use in any particular district or districts.
CONDITIONAL USE PERMIT. A permit specially and individually granted for a conditional use in any district.
COUNCIL. Within this Chapter, shall refer to the City Council of Mendota Heights.
CURB LEVEL. The level of the established curb in front of a building measured at the center of such front. Where no
curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building
shall be considered the "curb level".
CUSTODIAL CARE CENTER. A facility used to provide care for aged or infirm persons who require only personal
services as board, room, laundry, and other personal services, where nursing services are not provided.
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DAYCARE CENTER. A facility which for gain or otherwise regularly provides one or more persons with care, training,
supervision, habilitation, rehabilitation, or developmental guidance on a regular basis for periods of less than 24 hours
per day, in a place other than the person's own home.
DOG TRAINING FACILITY. An indoor or outdoor facility utilized for the organized training and care of dogs.
DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively for residence
purposes, but not including motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins or trailer
coaches.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE. A building having two (2) or more dwelling units.
DWELLING, TOWNHOUSE. A dwelling unit having one or more walls in common with another, oriented so as to have
direct access outside.
EARTH SHELTERED STRUCTURE. A building designed by a registered architect and/or engineer and constructed so
that the surface area of the building, excluding the garage or accessory buildings, is partially sheltered with earth.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated
part of his property.
ENGINEER, CITY. The professional engineer engaged by the city council.
ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution
systems; collection, communication, supply or disposal systems including poles, wire, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and
accessories in conjunction therewith; but not including buildings.
FAMILY. An individual, or two (2) or more persons each related by blood, marriage or adoption or other parent/child
relationship, living together as a single housekeeping unit, or a group of not more than four (4) persons not so related,
maintaining a common household.
FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure.
FLOOD. A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas
adjacent to the channel.
FLOOD, DESIGN. The design flood which has been calculated for a given watershed or area from record and study. In
the absence of any special engineering studies, the 100-year event shall be used as a standard in this Chapter in
determining areas subject to flooding.
FLOODPLAIN. The land adjacent to a body of water which has been or may be hereafter covered by floodwater.
FLOODPLAIN DISTRICT. The area adjoining a river, stream, drainage channel, lake, pond or any low area which is
subject to flooding.
FLOODPROOFING. A combination of structural provisions, changes or adjustments to properties and structures
subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary
facilities, structures and contents of buildings in a flood hazard area.
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FLOODWATER. The water of any river, stream, drainage channel, low area, lake, or pond which is above and/or
outside the channel or banks of said river, stream, drainage channel, lake or pond.
FLOODWAY. The channel of a stream and those portions of the floodplain adjoining the channel that are required to
carry and discharge the floodwater or flood flows of any river or stream.
FLOODWAY DISTRICT. The channel or bed of a river, stream, drainage channel, lake, or pond and those portions of
the floodplains adjoining which are required to efficiently carry and discharge the flow of the river or stream and for the
purpose of this Chapter.
FLOOR AREA. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of
vent shafts and courts. The "floor area" of a building or portion thereof not provided with surrounding exterior walls
shall be the usable area under the horizontal projection of the roof or floor above.
FLOOR AREA RATIO. The numerical value obtained through dividing the floor area of a building or buildings by the lot
area on which such building or buildings are located.
FLOOR PLAN, GENERAL. A graphic representation of the anticipated utilization of the floor area within a building
structure.
GARAGE, ATTACHED: A private garage that is accessory and attached to the principal structure, that is primarily used
for personal vehicles and storage.
GARAGE, DETACHED: A private garage that is accessory and detached to the principal structure, that is primarily
used for personal vehicles and storage.
GARAGE, PUBLIC. A building or portion of a building used for the storage of vehicles for remuneration or gratis that is
accessible to the general public.
GARAGE, REPAIR. A building or space for the maintenance of vehicles but not including auto wrecking or junk yards.
GOVERNING BODY. The city council of Mendota Heights.
HOME OCCUPATION. Any gainful occupation of a person residing in their dwelling that is clearly accessory to the
principal use as a residential unit.
HOTEL. A building containing eight (8) or more guestrooms in which lodging is provided for compensation, with or
without meals, and in which ingress and egress to and from all rooms is made through an inside lobby or inside office
supervised by a person in charge.
INSTITUTIONAL USE. Uses operated as schools, places of worship, cemeteries, or government facilities.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit the use.
INTERIM USE PERMIT. A permit specially and individually granted for an interim use in any district.
JUNKYARD. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled,
cleaned, packed, disassembled, or handled, including, but not limited to, scrap iron, and other metals, paper, rags,
rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process
when within an enclosed area or building shall not be included.
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KENNEL, ANIMAL. A place where three (3) or more of any single type of domestic animal, over four (4) months of age,
are owned, boarded, bred or offered for sale.
LAND RECLAMATION. Restoration of land to usable form by depositing of clean fill materials so as to elevate the
grade.
LANDSCAPING. Plantings such as trees, grass and shrubs.
LICENSED ENGINEER. A person licensed as a professional engineer by the state of Minnesota.
LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Chapter, abutting
on a public street, and of sufficient size to provide the yards required by this Chapter.
LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.
LOT AREA, PER DWELLING UNIT. The number of square feet of lot area required per dwelling unit.
LOT, BUTT. A lot located on the end of a block, excluding corner lots.
LOT, CORNER. A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the
point of deflection in alignment of a continuous street and the interior angle of which does not exceed 135°.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT, INTERIOR. A lot other than a corner lot, including through lots.
LOT LINE. The property line bounding a lot; except, that where any portion of a lot extends into a public right of way or
a proposed public right of way, the line of such public right of way shall be the "lot line" for applying this Chapter.
LOT LINE, FRONT. That boundary of a lot which abuts an existing or dedicated public street and, in the case of a
corner lot, the front lot line shall be designated by the owner, subject to the approval by the code enforcement officer.
Appeals to the determination of the code enforcement officer may be filed with the zoning board of appeals in
accordance with section [12-1L-3] of this Chapter.
LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10')
in length, or if the lot forms a point at the rear, the rear lot line shall be the line ten feet (10') in length within the lot,
parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. Part of a subdivision, the plat of which has been recorded in the office of the register of deeds, or a
parcel of land, the deed to which was recorded in the office of said register of deeds prior to the adoption of this
Chapter.
LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is
not a corner lot. On a through lot, both street lines shall be front lot lines for applying this [Chapter 1].
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30' of the lot
depth.
MANUFACTURING. All uses which include the compounding, processing, packaging, treatment, or assembly of
products and materials, provided such use will not generate objectionable influences that extend beyond the lot on
which the use is located.
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MASSAGE THERAPY (THERAPEUTIC MASSAGE) BUSINESS. Any establishment or place providing to the public at
large therapeutic massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or
other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota
statutes sections 144.50 through 144.69.
MEAN FLOW LEVEL. The average flow elevation of a stream or river computed as the midpoint between extreme low
and extreme high water.
MINING. The extraction of sand, gravel, rock, soil or other material from the land in the amount of four hundred (400)
cubic yards or more and the removal from the site, except grading and/or excavation in connection with an approved
development or building plan for which permits have been issued by the city council.
MOBILE HOME. Any type of structure or vehicle which is mounted on wheels or has provisions for wheels and which is
designed to provide permanent residence.
MOBILE HOME PARK. Any site, lot, field or tract of land upon which two (2) or more occupied mobile homes are
harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or
enclosure used or intended for use as part of the equipment of such mobile home park.
MOTOR COURT, MOTOR HOTEL OR MOTEL. A building or group of buildings other than a hotel used primarily as a
temporary residence.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled and/or stored
for routing in intrastate or interstate shipment by motor truck.
MOTOR FUEL CONVENIENCE STORE. A store operated in conjunction with a motor fuel station or truck stop for the
purpose of offering for sale goods not essential for the operation of motor vehicles.
MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but also may be
engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles.
These may include the sale of petroleum products and the sale and servicing of tires, batteries, automotive
accessories, replacement items, lubrication services, and the performance of minor automotive maintenance and
repair.
MOTOR HOME. All motor vehicles designed, constructed, or used to provide movable living quarters for recreational
use.
NATURAL AREA: Any property managed for the development of indigenous prairie and/or forest plants, intended to
exist in a wild or natural condition, according to a written plan.
NONCONFORMING STRUCTURE. A structure which is legally existing upon the effective date of this Chapter, which
would not conform to the applicable regulations if the structure were to be erected under the provisions of this Chapter.
NONCONFORMING USE. Use of land, buildings or structures lawfully existing at the time of adoption of this Chapter
which does not comply with all the regulations of this Chapter or any amendments hereto governing the zoning district
in which such use is located.
NOXIOUS MATTER OR MATERIALS. Material capable of causing injury to living organisms by chemical reaction, or is
capable of causing detrimental effects on the physical or economic well being of individuals.
NURSERY, DAY OR NURSERY SCHOOL. A business or home where care is provided for pay for three (3) or more
children for periods of four (4) hours or more per day.
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NURSERY, LANDSCAPE. A business growing and selling trees, flowering and decorative plants, and shrubs.
NURSING HOME. Any institution or facility required to be licensed as such under Minnesota statutes sections 144.50
to 144.56 by the state board of health.
OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, or trade where such goods are not
enclosed within a building.
OPEN STORAGE. Storage of material outside of a building.
OWNER. Any individual, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having
proprietary interest in the land.
PARKING SPACE. A surfaced and maintained area (9 by 20 feet) for the storage of one standard automobile.
PARKING SPACE, HANDICAPPED. A surfaced and maintained area (12 by 20 feet) for the parking of one standard
automobile and identified for use by handicapped individuals.
PARTY WALL. A common wall which divides two (2) independent structures.
PEDESTRIANWAY. The right of way across or within a block for use by pedestrian traffic.
PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and
explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PERSON. A natural person of either gender, a partnership, corporation, political body, any other entity and any other
association of persons.
PLANNED UNIT DEVELOPMENT. A development which consists of two (2) or more principal structures or uses on a
single parcel of land.
PLANNING COMMISSION. The planning commission of the city of Mendota Heights.
PRIMARY SURFACE. A clear zone extending a distance of five hundred feet (500') centered on the centerline of a
runway and extending to a distance of two hundred feet (200') beyond the end of a runway.
PROPERTY: Developed or undeveloped land, parcel or platted lot, including any buildings, structures, and accessory
structures thereon.PROPERTY LINE. The legal boundaries of a parcel of land.
PROTECTIVE COVENANT. A contract between parties which constitutes a restriction on the use of property for the
benefit of the owners.
PUBLIC LAND. Land owned and/or operated by a governmental unit.
PUBLICATION. An official notice as prescribed by state statutes.
PUMP SETBACK. The distance from the street right of way line to the centerline of the motor fuel station pump island
measured as a perpendicular distance from the right of way.
RECREATION, COMMERCIAL. Recreational instruction and participative athletic uses, including jump/trampoline
center, golf range/simulator, fitness center, sports training facility, martial arts school, dance school, and similar uses.
RECREATION EQUIPMENT. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables,
lawn chairs, barbecue stands, and similar apparatus but not including tree houses, swimming pools, playhouses
exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment.
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RESTAURANT, CAFETERIA. Food is selected by a customer while going through a serving line and taken to a table
for consumption.
RESTAURANT, DRIVE-IN. Most customers purchase and consume their food while in an automobile.
RESTAURANT, FAST FOOD. A majority of customers order and are served their food at a counter, and then the food
is taken to a table or counter where it is consumed, however, a significant number of people may take the food outside
to eat in an automobile or off the premises.
RESTAURANT, TRADITIONAL. Food is served to a customer and consumed while seated at a counter or table.
RETAIL SALES. Stores and shops selling personal services or goods.
RIGHT OF WAY. The legal right, established by usage or grant, to pass along a specific route through grounds or
property belonging to another.
ROOSTER. A male chicken.
SETBACK. The minimum horizontal distance between the line of a structure and the nearest specified property line.
SHELTER, FALLOUT OR BLAST. A structure or portion of a structure intended to provide protection to human life
during periods of danger from nuclear fallout, blasts, air raids, storms, or other emergencies.
SIGN. Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to
advertise or promote the interest of any person when the same is placed out of doors or displayed in view of the
general public and shall include every detached sign or billboard and every sign attached to or forming a component
part of a building, marquee, canopy, awning, street clock, pole, parked vehicle or other object, whether stationary or
movable. However, a "sign" shall not include any display of traffic directional signs, street name signs or other signs
which have been authorized and erected by a government body.
SIGN, ADVERTISING (BILLBOARD). A sign which directs attention to a business, commodity, service, or
entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service, or
entertainment sold or offered on the premises on which such sign is located or to which it is affixed.
SIGN, ELECTRONIC DISPLAY. A sign or portion thereof that displays electronic, nonpictorial, text information in which
each alphanumeric character is defined by a small number of matrix elements using different combinations of light
emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the display area. Electronic display
signs include computer programmable, microprocessor controlled electronic displays. A scoreboard being used during
an organized sporting event shall not be considered a sign.
SIGN, FLASHING. An illuminated sign on which the artificial light is not maintained stationary or constant in intensity
and color at all times in which such sign is in use.
SIGN, GROSS AREA OF. The area within the frame shall be used to calculate the square feet; except, that the width
of the frame exceeding twelve inches (12") shall constitute advertising space, or should such letters or graphics be
mounted directly on a wall or fascia or in any such way as to be without a frame, the dimensions for calculating the
square footage shall be the area extended six inches (6") beyond the periphery formed around such letters or graphics
bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to
attract attention shall be measured as a separate sign.
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SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs, or outlines illuminated by electric lights
including, but not limited to, LEDs and luminous tubes as a part of the sign proper.
SIGN, MARQUEE OR CANOPY. Any message or identification which is affixed to a projection or extension of a
building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance to a
store, building or place of assembly.
SIGN, MONUMENT. Any freestanding sign independent from any building or other structure that is mounted on the
ground or mounted on a foundation base structure at least as wide as the sign. A monument sign is typically solid from
grade to the top of the structure.
SIGN, NAMEPLATE. Any sign which states the name or address, or both, of the business or occupant of the lot where
the sign is placed or may be a directory listing the names, addresses, and business of occupants.
SIGN, PYLON. Any freestanding sign independent from any building or other structure that has its supportive
structure(s) anchored in the ground and a sign face elevated above ground by a pole(s), post(s) or beam(s) with an
open area below the face of the sign.
SIGN, TEMPORARY. A sign allowed for a period of ninety (90) days or less.
SOLAR ENERGY SYSTEM. A device, set of devices, or structural design feature, whose primary purpose is to
transform solar energy into another form of energy or transferring heat from a collector to another medium using
mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED. An active system that is an integral part of a principal or
accessory structure, rather than a separate mechanical device, replacing or substituting for an architectural or
structural component of the building including, but not limited to, photovoltaic or hot water solar energy systems
contained within roofing materials, windows, skylights, and awnings.
SOLAR ENERGY SYSTEM, PASSIVE. A system that captures solar light or heat without transforming it to another
form of energy or transferring the energy via a heat exchanger.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above; or
if there is no floor above, the space between the floor and the ceiling next above. An exposed basement shall be
counted as a full story, and a cellar basement shall not be counted as a story.
STREET. A public right-of-way which affords a primary means of access to abutting property.
STREET, COLLECTOR. A street which serves or is designed to serve as a trafficway for a neighborhood or as a
feeder to a major street.
STREET, DEAD END OR CUL-DE-SAC. A street with only one (1) vehicular traffic outlet.
STREET, HALF. A street designed to provide access only to one (1) side of the right-of-way.
STREET, MAJOR OR THOROUGHFARE. A street which serves or is designed to serve heavy flows of traffic and
which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas.
STREET, MINOR. A street intended to serve primarily as an access to abutting properties.
STREET, PRIVATE. A street which is not dedicated to the community for public use.
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STREET, PUBLIC. A public right of way developed to afford primary access by pedestrians and vehicles to abutting
properties, whether designated as a street, highway, thoroughfare, parkway, road, avenue, or boulevard, in
accordance with the metropolitan council functional classification of transportation facilities.
STREET, SERVICE. A marginal access street which is generally parallel and adjacent to a major street.
STREET WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.
STRUCTURAL ALTERATION. A change, other than incidental repairs, which would prolong the life of the supporting
members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attached to
something having a location on the ground. This shall include signs and fences.
TEMPORARY GARDEN CENTER. Temporary greenhouse and display areas for plant materials allowed for a limited
time period in a specified location.
THEATER. A structure within which motion pictures or dramatic performances are offered as entertainment for the
general public. For the purpose of applying parking and signage standards, a structure containing multiple motion
picture screens shall be considered a single theater.
TRAVEL TRAILER. Any trailer which is not used as a residence but is used for temporary living quarters for
recreational activities and is towed on public roads in connection with such use.
TRUCK STOP. A motor fuel station devoted primarily to the needs of over the road tractor trailer units and trucks, and
which shall include eating or sleeping facilities, and located abutting the right-of-way of a controlled or limited access
divided highway, expressway, freeway, or interstate highway of four (4) or more lanes, and on a major city
thoroughfare.
USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it
is occupied or maintained and shall include any manner of performance of such activity with respect to the
performance standards of this Chapter.
VEHICLES. Shall include trailers, boats, watercraft, "ski-doos", snowmobiles, four (4) wheelers, and ATVs. (Ord. 401,
7-19-2005)
VETERINARY. Those uses concerned with the diagnosis, treatment, medical care of animals, as well as storage and
disposal of dead animals, including animal or pet hospitals.
VIDEO/ELECTRONIC DISPLAY SCOREBOARD. A display board equipped with video or electronic components
encompassing a majority of the surface erected at an athletic field, or similar outdoor facility, which shows the score of
a contest and other relevant information to spectators at an event.
WAREHOUSING. The storage of materials or equipment within an enclosed building.
WEEDS: All grasses, annual or perennial plants and vegetation, other than trees or shrubs. This term shall not include
cultivated lawns, flowers and gardens. (Ord. 444, 11-20-2012)WHOLESALING. The selling of goods, equipment and
materials by bulk to another business that in turn sells to the final customer.
YARD. A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground
level to the sky except as expressly permitted in this Chapter. A "yard" shall extend along a lot line and at right angles
to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
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YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the
abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is
located.
YARD, REAR. A yard extending along the full width of the rear lot line between the side lot lines and extending toward
the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
YARD, SIDE. A yard extending along the side lot line between the front and rear yards, having a width as specified in
the yard regulations for the district in which such lot is located.
ZONING ADMINISTRATOR. That person designated by the City Administrator and approved by City Council as being
responsible for the administration of this Chapter.
ZONING DISTRICT. An area or areas within the limits of the City for which the regulations and requirements governing
use, lot and size of buildings and premises are uniform.
ARTICLE C. DEFINITIONS OF ADULT USES OF THIS TITLE
12-8C-1 Definitions
For the purpose of this chapter, the following terms and definitions listed below shall apply unless the context clearly
indicates or requires a different meaning. The standards applicable to Adult Uses are established within [Chapter 3].
ADULT-ORIENTED BUSINESS. A business that: (a) has any sexually-oriented materials in its inventory, stock in trade
or publicly traded merchandise; (b) devotes any of its floor area (not including storerooms, stock areas, bathrooms,
basements or any portion of the business not open to the public) to sexually-oriented materials; (c) derives any
revenue from sexually-oriented materials; or a business that engages for any length of time in a sexually-oriented use
as defined herein or any other use that has an emphasis on specified sexual activities or specified anatomical areas.
ADULT-ORIENTED ESTABLISHMENT. Any sexually-oriented business or sexually-oriented use.
ADULT-ORIENTED MATERIALS. Visual, printed or aural materials, and other objects or devices, which: (1) Contain,
depict, simulate or describe specified sexual activities or specified anatomical areas; (2) Are marketed for use in
conjunction with, or are primarily used only with or during, specified sexual activities; or (3) Are designed for sexual
stimulation.
ADULT-ORIENTED USES. Any of the following activities, even if the activity exists for only a short time.
A. ADULT BODY PAINTING STUDIO. An establishment or business which excludes minors by reason of age,
and which provides the service of applying paints or other substances, whether transparent or non-transparent,
to the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
B. ADULT BOOKSTORE. A building or part of a building used for the barter, rental or sale of items consisting of:
instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities;
or printed matter, pictures, slides, records, audio tape, videotape, motion picture film, CD ROMs, DVDs or other
forms of recording if such items are distinguished or characterized by the emphasis on the depiction or
description of specified sexual activities or specified anatomical areas. No obscene work shall be allowed.
C. ADULT CABARET. A building or portion of a building used for providing dancing or other live entertainment, if
the building or portion of a building entertainment is distinguished and characterized by an emphasis on the
presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
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D. ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agents, independent
contractors or persons to engage in specified sexual activities or to display specified anatomical areas.
E. ADULT COMPANION ESTABLISHMENT. A companion establishment and which provides the service of
engaging in or listening to conversation, talk or discussion between an employee of the establishment and a
customer, if the service is distinguished and characterized by an emphasis on specified sexual activities or
specified anatomical areas.
F. ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age,
and which provides the services of engaging in or listening to conversation, talk or discussion if the service is
distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
G. ADULT HEALTH/SPORT CLUB. A health/sport club if the club which excludes minors by reason of age, and is
distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
H. ADULT HOTEL OR MOTEL. A hotel, motel or similar commercial establishment which excludes minors by
reason of age, and which: (a) offers accommodations to the public, for any form of consideration, provides
patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other
photographic reproductions which are characterized by the depiction or description of specified sexual activities
or specified anatomical areas and has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions; (b) Offers a sleeping room for rent for a period of
time that is less than ten hours; (c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than ten hours; or (d) allows for temporary patronage and where material is presented
which is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
I. ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club which excludes minors by
reason of age, and which provides the services of massage, if the service is distinguished and characterized by
an emphasis on specified sexual activities or specified anatomical areas.
J. ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building which a capacity for less than
50 persons used for presenting material if the material is distinguished and characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
K. ADULT MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure
models who are so provided with the intent of providing sexual stimulation or sexual gratification to the
customers and who engage in specified sexual activities or display specified anatomical areas while being
observed, painted, painted upon, sketched, drawn sculptured, photographed or otherwise depicted by the
customers.
L. ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited, except for minors
by reason of age, and wherein coin or slug operated or electronically, electrically or mechanically controlled or
operated still or motion picture machines, projectors or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where the images so displayed are
distinguished and characterized by an emphasis on depicting or describing specified sexual activities or
specified anatomical areas.
M. ADULT MOTION PICTURE STUDIO. A building or portion of a building used for the production, recording,
filming or taping of videos or films distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.
N. ADULT MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more
persons, except for minors by reason of age, and used for presenting material if the building or portion of a
building as a prevailing practice of age or if the material is distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas for observation by patrons therein.
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O. ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate
human genitals or devices which are designed for sexual stimulation.
P. ADULT SAUNA. A sauna which provides a steam bath or heat bathing room used for the purpose of pleasure,
bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building
or portion of a building restricts minors by reason of age and if the service provided by the steam
room/bathhouse facility is distinguished and characterized by an emphasis on specified sexual activities or
specified anatomical areas.
Q. ADULT STEAM ROOM/ BATHHOUSE FACILITY. A building or portion of a building used for providing a steam
bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or
hot air as a cleaning; relaxing or reducing agent if the service provided by the steam room/bathhouse is
distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person,
or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts
as one of its principal business purposes, for a fee, tip, or other considerations.
SPECIFIED ANATOMICAL AREAS: (a) Less than completely or opaquely covered human genitals, pubic region,
buttock, anus or female breast(s) below a point immediately above the top of the areola; and (b) human male genitals
in a discernable turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:
A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct
physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the
use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts
or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerastia;
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s);
E. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing
costumes, and who are engaged in activities involving the flagellation, torture, bettering, binding or other
physical restraint of any such persons;
F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation in the context of a sexual relationship.
ARTICLE D. DEFINITION OF CRITICAL AREA OVERLAY DISTRICT OF THIS TITLE
12-8D-1 Definitions
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted to give them the same
meaning they have in common usage and to give this Chapter its most reasonable application. For the purpose of this
Chapter, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, are
measured horizontally.
ACCESS PATH. An area designated to provide ingress and egress to public waters.
ADJACENT. Having a boundary that physically touches or adjoins.
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AGRICULTURAL USE. A use having the meaning given under Minnesota Statutes, section 40A.02.
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.
BIOLOGICAL AND ECOLOGICAL FUNCTIONS. The functions of vegetation in stabilizing soils and slopes, retaining
and filtering runoff, providing habitat, and recharging groundwater.
BLUFF. A natural topographic feature having:
A. A slope that rises at least 25' where the grade of the slope averages 18% or greater, measured over any
horizontal distance of 25', 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 12-87D-1.1 - below];
or
[Figure 12-8D-1.1 Bluff Diagram]
B. A natural escarpment or cliff with a slope that rises at least ten feet (10') above the ordinary high water level or
toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75o or greater [See Figure 12-
8D-1.2 - below].
[Figure 12-8D-1.2 Natural Escarpment Bluff and Bluff Impact Zone Diagram]
BLUFF IMPACT ZONE. A bluff and land located within twenty-feet (20') of the bluff. See Figure [12-87D-1.2] for natural
escarpment or cliff example and Figure [12-8D-1.3] for more common bluff example.
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[Figure 12-8D-1.3 Toe, Top and Bluff Impact Zone Diagram]
BLUFFLINE. A line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward
from the river. See Figure 2 for natural escarpment or cliff example and Figure 3 for more common bluff example.
BLUFF, TOE OF. A line along the bottom of a bluff, requiring field verification, such that the slope above the line
exceeds 18% and the slope below the line is eighteen percent (18%) or less, measured over a horizontal distance of
25'. See [Figure 12-8D-1.2] for natural escarpment of cliff example and [Figure 12-8D-1.3] for more common bluff
example.
BLUFF, TOP OF. A line along the top of a bluff, requiring field verification, such that the slope below the line exceeds
18% and the slope above the line is 18% or less, measured over a horizontal distance of 25'. See [Figures Figure 12-
8D-1.1 and Figure 12-8D-1.2.]
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.
BUILDING. A structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site.
CERTIFICATE OF COMPLIANCE. A document written after a compliance inspection, certifying that the development
complies with applicable requirements at the time of the inspection.
CITY. The City of Mendota Heights, Minnesota.
COMMISSIONER. The commissioner of the Minnesota Department of Natural Resources.
CONDITIONAL USE. A use having the meaning given under Minnesota Statutes, Chapters 462.
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.
CONVENTIONAL SUBDIVISION. A pattern of subdivision that is characterized by lots that are spread regularly
throughout a parcel in a lot and block design.
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.
DEVELOPER. Has the meaning given under Minnesota Statutes, section 116G.03.
DEVELOPMENT. Has the meaning given under Minnesota Statutes, section 116G.03.
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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 rezoning.
DOCK. Has the meaning given under Minnesota Rules, Chapter 6115.
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.
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.
FEEDLOT. Has the meaning given for animal feedlots under Minnesota Rules, Chapter 7020.
FLOODPLAIN. Has the meaning given under Minnesota Rules, Chapter 6120.
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.
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.
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, Chapter 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, Chapter 307, in consultation with
the Office of the State Archaeologist.
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.
INTENSIVE VEGETATION CLEARING. The removal of all or a majority of the trees or shrubs in a contiguous patch,
strip, row, or block.
INTERIM USE. Has the meaning given under Minnesota Statutes, section 462.
KEYSTONE SPECIES. A species on which other species in an ecosystem largely depend, such that if it were removed
the ecosystem would change drastically.
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.
LOCAL GOVERNMENT. Counties, cities, and townships.
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LOT. Has the meaning given under Minnesota Rules, Chapter 6120.
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 12-8D-1.4 below]
[Figure 12-8D-1.4 Lot Width Diagram]
MARINA. Has the meaning given under Minnesota Rules, Chapter 6115.
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA). The area within the River Corridor Boundary (refer to
separate definition noted herein).
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA PLAN. A Chapter in the City of Mendota Heights Comprehensive
Plan.
MOORING FACILITY. Has the meaning given under Minnesota Rules, Chapter 6115.0170.
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.’
NATIVE VEGETATION. Vegetation comprised of plant species, other than noxious weeds or invasive vegetation, that
are indigenous to a region, and which reasonably could occur or flourish naturally on a site.
NATURAL-SURFAC E 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.
NATURAL VEGETATION. Any combination of ground cover (excluding any vegetation considered invasive),
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.
NONCONFORMITY. The meaning given under Minnesota Statutes, section 394.22.
NONMETALLIC MINING. The 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.
OFF-PREMISES ADVERTISING SIGNS. 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.
ORDINARY HIGH-WATER LEVEL (OHWL). Has the meaning given under Minnesota Statutes, section 103G.005.
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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.
PARCEL. Has the meaning given under Minnesota Statutes, section 116G.03.
PATIO. A constructed hard surface located at ground level with no railings and open to the sky.
PICNIC SHELTER. A roofed structure open on all sides, accessory to a recreational use.
PLANNED UNIT DEVELOPMENT (PUD). 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/or 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.
PLAT. Has the meaning given under Minnesota Statutes, sections 505 and 515B.
PORT. A water transportation complex established and operated under the jurisdiction of a port authority according to
Minnesota Statutes, Chapter 458.
PRIMARY CONSERVATION AREAS (PCA). Resources and features, including shore impact zones, bluff impact
zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, underground
springs, 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.
PRIVATE FACILITIES. Private roads, driveways, and parking areas, private water access and viewing facilities, decks
and patios in setback areas, and private signs.
PROFESSIONAL ENGINEER. An engineer licensed to practice in Minnesota.
PUBLIC FACILITIES. Public utilities, public transportation facilities, and public recreational facilities.
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.
PUBLIC RIVER CORRIDOR VIEWS (PRCVs). 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 Chapter of the Comprehensive Plan.
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.
PUBLIC UTILITIES. Electric power facilities, essential services, and transmission services.
PUBLIC WATERS. Has the meaning given under Minnesota Statutes, section 103G.005.
PUBLIC WORKS DIRECTOR. A person designated by the City Administrator and approved by the City Council as
being jointly responsible for the administration of this Chapter.
READILY VISIBLE. Land and development that are easily seen from the ordinary high-water level of the opposite
shore during summer months.
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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.
RETAINING WALL. A vertical or nearly vertical structure 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.
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.
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.
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.
SCOUR. The localized removal of material from the streambed by flowing water, and is the opposite of fill.
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.
SETBACK. A separation distance measured horizontally.
SHORE IMPACT ZONE (SIZ). Land located between the ordinary high-water level of public waters and a line parallel
to it at a setback of fifty percent (50%) of the required structure setback or, for agricultural use fifty feet (50') landward
of the ordinary high water level. [See Figure 12-8D-1.5 - below].
[Figure 12-8D-1.5 Shore Impact Zone Diagram]
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.
STEEP SLOPE. A natural topographic feature with an average slope of 12% to 18%, measured over a horizontal
distance equal to or greater than 50', and any slopes greater than 18% that are not bluffs.
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STORM WATER MANAGEMENT FACILITIES. Facilities for the collection, conveyance, treatment, or disposal of storm
water.
STRUCTURE. Anything constructed or installed or portable, except for aerial or underground utility lines such as
sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances, the use of
which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be
used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure
also includes fences, decks, billboards, swimming pools, and advertising signs.
SUBDIVISION. Has the meaning given under Minnesota Statutes, section 462.352.
SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS). Has the meaning given under Minnesota Rules, part
7080.1100.
TRANSMISSION SERVICES:
A. Electric power lines, cables, pipelines, or conduits that are:
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.
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.
UNDERGROUND SPRING. A place where water moving underground finds an opening to the land surface and
emerges, sometimes as just a trickle, and in some cases only after a storm event, and in some cases seen as a
continuous flow of water.
VARIANCE. Any modification or variation of official controls that a municipality has approved in accordance with
Minnesota Statutes, section 462.357, subd. 6(2).
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.
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.
WATER QUALITY IMPACT ZONE. Land within the shore impact zone or within 50' of the OHWL of the river,
whichever is greater, and land within 50' of a public water, wetland, or natural drainage route.
WETLAND. Has the meaning given under Minnesota Statutes, section 103G.005.
WHARF. Has the meaning given under Minnesota Rules, part 6115.0170.
ZONING ADMINISTRATOR. A person designated by the City Administrator and approved by the City Council as being
jointly responsible for the administration of this Chapter.
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ARTICLE E. DEFINITIONS OF AIRCRAFT NOISE ATTENUATION OF THIS TITLE
12-7E-1 Definitions
AIRCRAFT NOISE ZONE. Any one of the four (4) zones identified on the map attached to ordinance 232 and
incorporated herein by reference.
CONSISTENT. Land uses that are acceptable.
dBA. A unit of sound pressure level weighted by use of the A metering characteristics and weighting as specified in the
American National Standards Institute specification for sound level meters (ANSI S1.4-1983), which is hereby
incorporated by reference. "dBA" is also referred to as an A-weighted decibel.
DNL. The day-night sound level, or the twenty four (24) hour equivalent continuous sound level (time averaged A-
weighted sound level) from twelve o'clock (12:00) midnight to twelve o'clock (12:00) midnight, obtained after the addition
of ten (10) dBA to sound levels measured from ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M.
INCONSISTENT. Land uses that are not acceptable even if acoustical treatment was incorporated in the structure.
INFILL DEVELOPMENT. Pertains to an undeveloped parcel or parcels of land proposed for development similar to or
less noise sensitive than the developed parcels surrounding the undeveloped parcel (for example, a new house on a
vacant lot in a residential neighborhood, or a new industry on a vacant parcel in an established industrial area).
Ldn. The day-night average level, or the twenty four (24) hour equivalent continuous sound level (time averaged A-
weighted sound level) from twelve o'clock (12:00) midnight to twelve o'clock (12:00) midnight, obtained after the addition
of ten (10) dBA to sound levels measured from ten o'clock (10:00) P.M. to seven o'clock (7:00) A.M.
Leq. The equivalent continuous sound level which, over the period of one hour, has the same A-weighted sound energy
as the time varying sound.
MAJOR REDEVELOPMENT. A relatively large parcel of land with all structures proposed for extensive rehabilitation or
demolition, and different uses (for example, demolition of a square block of old office and hotel buildings for new
housing, office, commercial uses; conversion of warehouse to office and commercial uses).
NEW DEVELOPMENT. A relatively large, undeveloped tract of land proposed for development (for example, a
residential subdivision, industrial park or shopping center).
NOISE REDUCTION LEVEL. The difference between the exterior and interior sound level, expressed in dBA, is
achieved by the intervening structure.
RECOGNIZED ACOUSTICAL SPECIALIST. A person qualified by education and experience to conduct sound analyses
of buildings and approved for such purpose by the city. The approved individual shall have at least three (3) years of
experience in the field of sound control and a degree from a recognized institute of higher learning in the process of
sound analysis of buildings.
RECONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES. Pertains to replacing a structure destroyed by fire,
age, etc., to accommodate the same use that existed before destruction, or expanding a structure to accommodate
increased demand for an existing use but does not pertain to remodeling or rehabilitating existing residential buildings
nor to the construction of an appurtenance to an existing residential building.
SOUND. Energy that is transmitted by pressure waves in the air or in other materials and is the objective cause of the
sensation of hearing. It is commonly called "noise" if it is unwanted.
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SOUND ATTENUATION. The reduction in sound level which occurs between the source and receiver.
SOUND LEAK. An opening in a structure through which sound can pass. "Sound leaks" are often extremely small holes
or cracks. In general, an air leak is a "sound leak".
SOUND LEVEL. The level of sound pressure measured with a sound level meter and one of its weighting (frequency)
networks. When A-weighting is used, the "sound level" is expressed as dBA.
SOUND TRANSMISSION CLASS (STC). A single number rating for describing the degree of sound transmission loss
specified for a wall, window, partition or other building element. The higher the STC, the more attenuation the building
element will afford.
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MENDOTA
LILYDALE Pickerel LakeMississippi RiverM in n e s o ta R iv e rRogers LakeLake August
aL
a
k
e
L
e
ma
y
Gun Club Lake DODD RDDODD RDDELAWARE AVESIBLEY MEMORIAL HWYMARIE AVE W
MENDOTA H EIGHTS RDLEXINGTON AVELILYDALE RDPILOT KNOB RDHUBER DR
SI
BL
EYMEMORIALNORTHLAND DR
WENTWORTH AVE WWACHTLER AVEWAGON WHEEL TRL
MENDOTA RDHUNTER LNORCHARD PL
VICTORIA RD SIVY FALLS AVE
Source: Dakota County
City of Mendota HeightsCreated By: SHC, LLC.
0 0.25 0.5
MilesF
Base Zoning Districts
RE Residential Estate
R-1 Low Density Residential
R-2 Medium Density Residential
R-3 Multi-Family Residential
MU Mixed Use
I Industrial
State Park
Overlay Zoning Districts
PUD Planned Unit Development Overlay
MU1-PUD Mixed Use 1 Planned Unit Development Overlay
TN-O Traditional Neighborhood Overlay
PSP Public Semi-Public Overlay
B-2 Neighborhood Business
B-1 General Business
OVERLAY ZONING DISTRICTS
Public/Semi-Public Overlay (PSP)
Planned Unit Development Overlay (PUD)
RE Residential Estate
BASE ZONING DISTRICTS
R-1 Low Density Residential
R-2 Medium Density Residential
R-3 Multi-Family Residential
MU Mixed Use
B-1 General Business
B-2 Neighborhood Business
I Industrial
State Park
0 0.25 0.5
Miles
Source: Dakota County
City of Mendota Heights
Created by: SHC, LLC.
CITY OF MENDOTA HEIGHTS
BASE AND OVERLAY ZONING DISTRICTS
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Title 15: Environmental Standards | Chapter 1
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CHAPTER 1: TITLE, PURPOSE, AND CONFORMANCE
ARTICLE A. TITLE, PURPOSE AND INTERPRETATION
Title and Application
This Title shall be known, cited and referred to as the MENDOTA HEIGHTS ENVIRONTMENTAL STANDARDS or except
as referred to hereinafter, where it shall be known as this “Environmental Standards Ordinance”.
15-1A-1 Intent and Purpose
A. This Environmental Standards Ordinance is adopted for the purposes of:
1. Implementing the Natural Resources Plan incorporated as part of the City’s Comprehensive Plan.
2. Protect the health and safety of residents.
3. Protect water quality and minimize stormwater runoff.
4. Prevent erosion and flooding.
5. Encourage renewable energy systems that have a positive impact in energy conservation and natural
resources, with limited adverse impact on the community.
6. Maintain slope stability and existing drainage patterns.
15-1A-2 Application and Interpretation
A. Minimum Requirements. In their interpretation and application, the provisions of this Environmental Standards
Ordinance shall be held to be the minimum requirements for the promotion of public health and safety.
B. This article shall apply to any person, developer or use that would alter or impact a natural resource which shall
be identified by, or included within, an:
1. Officially adopted map by the City, Minnesota DNR, FEMA which may include, but is not limited to the
MRCCA or Floodplain Overlay.
2. Wetland Delineation and any Mitigation or Replacement.
3. Identified public water as established by the MN Department of Natural Resources.
4. Significant or Heritage Tree Removal.
5. Forest Alteration
15-1A-3 Separability
It is hereby declared to be the intention that the provisions of this Environmental Standards Ordinance are separable in
accordance with the following:
A. If any court of competent jurisdiction shall judge any provisions of this Environmental Standards Ordinance to be
invalid, such judgement shall not affect any other provision of this Environmental Standards Ordinance not
specifically included in said judgment.
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Title 15: Environmental Standards | Chapter 1
DRAFT 07.11.2024 2
B. If any court or competent jurisdiction shall judge the application of any provision of this Environmental Standards
Ordinance to a particular property, building or structure, such judgement shall not affect any other property,
buildings or structures.
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CHAPTER 2: ADMINISTRATION, ROLES, AND RESPONSIBILITIES
15-2-1 Administration and Enforcement Officials
This Environmental Standards Ordinance shall be administered and enforced by the Public Works Director, who may
designate the Zoning Administrator, Natural Resources Coordinator or assigns as referenced throughout this Chapter.
The following roles and responsibilities of the Public Works Director, or as may be assigned, are established:
A. Wetland Delineation Certification in accordance with the Wetland Conservation Act.
B. Review and approval of any administrative permit for compliance with the requirements of this Environmental
Standards Ordinance.
C. All applications for any permit required by this Environmental Standards Ordinance are received, dated, and filed.
D. Coordinate the review process required by this Environmental Standards Ordinance which may include review and
recommendation by the Natural Resources Commission.
E. Issuance of any Administrative Permit or WCA Permit for boundary determination, exemption, and de minimis
permit decisions.
F. Permanent and current records of this Environmental Standards Ordinance are maintained, including, but not
limited to all maps, amendments, conservation easements, permit approvals, and required official actions.
G. The Public Works Director shall institute in the name of the City appropriate actions or proceedings against a
violator of this Environmental Standards Ordinance as provided by law.
15-2-2 Natural Resources Commission
The Natural Resources Commission ("NRC”) is established for the City on [XXXX, XXX]. The following is established:
A. Meetings, Procedures, Records.
1. The NRC shall be appointed by the City Council and shall serve as a recommending body to the city council
and planning commission.
2. The NRC shall publish a monthly meeting schedule on an annual basis. The NRC shall meet to conduct their
official business.
3. The NRC shall adopt rules for the transaction of business and shall keep a record of its recommendations,
transactions and findings, which record shall be maintained as a public record.
4. The NRC shall submit to the city council a true and correct copy of all its minutes, recommendations and
other reports.
B. Powers and Duties.
1. The NRC is a recommending body and shall not make any final determination or decisions, unless such
decision making is expressly granted by the City Code or directed by the City Council.
2. The NRC shall be responsible for the review, amendment or study of this Environmental Standards
Ordinance when directed by the City Council. Authorization must be granted by the City Council.
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3. The NRC shall review and provide recommendations to the planning commission or City Council as required
by this Environmental Standards Ordinance or as required by Title 12: Zoning of the City Code.
4. The NRC shall provide recommendations on the following common applications:
a. Deviations or variances from the Landscape Standards in Section [12-4A-5].
b. Deviations or variances from the requirements established in Chapter 3: Urban Forest and Significant
Trees of this Environmental Standards Ordinance.
c. Deviations or variances from the Buffer requirements established in Section [12-4A-4.1].
d. Deviations or variances from the requirements established in Section [12-6A-12] MRCCA Site Plan
Requirements.
e. As may be requested from the planning commission or City Council.
15-2-3 Appeal of Public Works Director.
A. Board of Appeals. The City Council is designated as the Board of Appeals for any appeal of a decision made by
either the Public Works Director or it is assigned.
B. Time for Filing Appeal. An appeal to a decision made by the Public Works Director must be filed within 90 days.
The Applicant, Owner, other interested person, or officer of the City affected by the decision may appeal to the
City Council by filing a written notice stating the action and the specific grounds upon which the appeal is made.
C. City Council Action.
1. The City Council may conduct a hearing as it determines is necessary and will determine what notice, if any,
shall be given of such hearing.
2. If the City Council determines a hearing is necessary, the City Council shall set a date no earlier than seven
(7) days or more than 30 days after the determination is made.
3. Notice of the hearing before the City Council shall be mailed to all appellants.
4. The City Council shall take action to either uphold the decision of the Public Works Director or may overturn
in full or with certain conditions the initial decision.
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CHAPTER 3: URBAN FOREST, SIGNIFICANT TREES AND TREE REPLACEMENT
15-3-1 In General.
Reserved.
15-3-2 Urban Forest, Significant Trees and Tree Replacement
A. Intent and Purpose. The city has determined that is important to preserve, protect and replace significant trees,
woodland areas and tree stands that support the urban tree canopy. The city intends to adopt a tailored ordinance
after it has studies specific characteristics of the city’s urban forest and tree canopy in coordination with other
chapters contained in this Environmental Standards ordinances.
B. Applicability. Any applicant, owner or developer shall be subject to the rules for vegetative removal, replacement
and landscaping as stated within this Environmental Standards ordinance, and Title 12: Zoning Chapter 4 and
Chapter 6.
C. In General. Where any required landscape plan, vegetation removal or replacement is required, a minimum of 50
percent of such replacement trees must be species native to Minnesota or recommended by the Department of
Natural Resources or University of Minnesota Extension.
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CHAPTER 4: WETLAND CONSERVATION
15-4-1 Purpose
The purpose of this chapter to provide for the protection, preservation, maintenance, and use of Mendota Heights
wetlands and water resource related areas, to maintain the natural drainage system, to minimize the disturbance which
may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the
disturbance of the natural environment, or from excessive sedimentation; to provide for protection of probable fresh water
supplies; and to ensure safety from floods. (1981 Code 402 § 1)
15-4-2 Definitions
A. Applicant means the individual or entity submitting a land use application to the city.
B. Buffer setback means the minimum horizontal distance between a structure and the nearest edge of a structure
and the delineated wetland boundary.
C. Native vegetation means plant species indigenous to or naturalized to the Dakota County Region of the State of
Minnesota or plant species classified by the Minnesota Department of Natural Resources as native in the
Minnesota Native Plant Database. Native Vegetation does not include Weeds as defined by this Section.
D. Non-native vegetation means species not indigenous to or naturalized to the Dakota County Region of the State of
Minnesota by the Department of Natural Resources.
E. WCA means the Minnesota Wetland Conservation Act of 1991, Minnesota Statutes Sections 103G222-2373. The
City of Mendota Heights shall be designated as the Local Government Unit for the purposes of the WCA.
F. Weeds means noxious weeds as defined and designated pursuant to the “Minnesota Noxious Weed Law,”
Minnesota Statutes Section 18.76 through 18.88, as amended from time to time.
G. Wetland means the definition as established by the Wetland Conservation Act and the Army Corps of Engineers,
which may be revised or amended from time to time. For the purposes of regulation under this chapter, the term
wetlands does not include public waters wetlands as defined in subdivision 15a.(c) Notwithstanding parach (a),
wetlands includes deepwater aquatic habitats that are not public waters or public waters wetlands. For purposes
of this paragraph “deepwater aquatic habitats” has the meaning given in the Corps of Engineers Wetlands
Delineation Manual, United States Army Corps of Engineers (January 1987).
H. Wetland map means the city’s wetland map derived or compiled from available public data from Dakota County or
the Minnesota Department of Natural Resources and the National Wetland Inventory (NWI).
15-4-3 Application of Provisions
A. This Chapter incorporates by reference the WCA and any future amendments to the WCA. In the event that any
requirements of this section are inconsistent with the WCA, the stricter provisions that provides the most
protection for Wetlands shall apply.
B. Any structure erected following the effective date of this Chapter shall be setback the greater of the following
distances:
1. The required setbacks from a Wetland are established in Section [Table 12-4A-4.1].
2. A minimum of 25 feet from the edge of the delineated Wetland, as approved by the City.
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C. Applicability. The Buffer Setback requirements of this Chapter and Chapter 12 shall apply to all property
containing Wetlands in the following circumstances:
1. When any new development activity occurs on the property. For purposes of this chapter, “new development
activity” means:
a. Any subdivision, as defined by state law;
b. Any site plan review required by Mendota Heights City Code section [12-5B-4].
c. Any planned unit development.
d. Construction of a principal building on a vacant lot.
e. Redevelopment of a property where all the following conditions are met:
(1.) Results in the removal of more than 50 percent of the market value of the principal structure.
(2.) The building’s removal is followed by reconstruction (except as exempted by subsection 3 of this
section), and
(3.) Results in a net increase in the square footage of impervious surfaces that drain to a Wetland, or
results in the relocation of impervious surfaces closer to a Wetland, or results in changes to
drainage patterns (slopes, meander patterns, etc.) that the Public Works Director determines will
increase the velocity or rate of runoff to a Wetland.
f. Any project that involves the draining, filling, excavating, or altering of a Wetland except if:
(1.) Less than 50 cubic yards or 5,000 square feet of disturbance is completed, and
(2.) The city determines that the project improves drainage infrastructure and/or the function or value of
the Wetland.
g. Any other land use application which proposes more than 50 cubic yards or 5,000 square feet of
grading disturbance, which requires city review, and which is not specified above, including, but not
limited to, conditional use permits, variances, or
h. When the proposed activity or grading exceeds 50 cubic yards or the construction activity involves the
disturbance of more than 3,000 square feet.
i. When the proposed activity increases the amount of impervious surface within 50-feet of the Wetland by
more than 1,000 square feet.
D. Exemptions. The Buffer Setback requirements of this section shall not apply to the following:
1. Any plat which has received preliminary approval or any other land use application that has received final
approval by the city council prior to the effective date of this Ordinance.
2. Reconstruction of a legal non-conforming structure that was destroyed by fire or other peril that is permitted
to be reconstructed by city code and state statute.
3. Any previously buildable parcel existing prior to the effective date of this section which is rendered
unbuildable under city code because of the implementation of the Buffer Setback as required by this
Chapter.
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15-4-4 Application for Wetland Delineation Report or Wetland Boundary Determination.
A. Any project or land alteration activity that meets the criteria established in Section [15-4-3] the Applicant must
submit the following materials for review and approval by the city’s designated representative that holds the
wetland delineator certification. When a project requires another Land Use Application such as a plat, conditional
use permit or variance, then the following materials may be submitted concurrently with the Land Use Application.
1. A grading plan (if grading is proposed) including the area and volume of land disturbance.
2. A Wetland delineation report. It is the responsibility of the Applicant to determine whether Wetlands exist on
the property by completing a Wetland delineation and submitting a Wetland delineation report. The following
shall apply to the Wetland delineation report:
a. The report shall delineate and document the boundaries of any Wetlands on the property in accordance
with the WCA requirements.
b. The Wetland delineation report must be performed by a certified Wetland delineator. The Wetland
delineation must be performed using the most current US Army Corps of Engineers Wetland
Delineation Manual and be acceptable to the Natural Resources Coordinator, or their assigns.
c. The Wetland delineation must be completed during the established growing season, or the delineation
may be deemed incomplete.
3. Certificate of Survey. A certificate of survey or to-scale site plan describing the proposed activity and
showing the Wetland and Buffer Setback boundaries.
4. Landscape Plan. A landscape plan for the Buffer Setback area, if any disturbance is proposed.
5. A plan identifying the measures to protect wetlands during the construction process. Measures may include
silt fencing, snow fencing, signage, or other measures agreed to by the city.
B. Exemptions: An Applicant may request an exemption for the requirements to prepare a full Wetland delineation
report if:
1. The Public Works Director and the Natural Resources Coordinator determine that the project or land
disturbance activity will not adversely affect any potential Wetland on the project site.
C. Variance. A Variance from the requirements of this Chapter may be granted by the city council in accordance with
the variance provisions established in city code Title 12: Zoning, so long as the variance does not violate the WCA
or any other applicable state statutes or rules.
15-4-5 Alterations within Wetland and Buffer Setbacks
A. The area within Wetlands and the Buffer Setbacks shall be preserved predominantly in their natural states, except
those exemptions stated within this Chapter.
B. Any alterations within the Wetland and Buffer Setbacks, except the permitted activities stated below, are
prohibited, including but not limited to the installation or placement of structures and impervious surfaces, the
operation of construction machinery, the destruction or removal of trees, shrubs or other vegetation, the
introduction of any Non-native Vegetation, any mowing, dredging or excavation activities and the placement or
storage of any fill material, manure, or trash and the application of fertilizer. The following activities are permitted:
1. Activities described within a Buffer Setback area landscaping or mitigation plan, or a WCA application that
was approved by the City.
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2. The removal of Non-native Vegetation
3. Necessary alterations related to the establishment and maintenance of the native vegetation within the
Buffer Setback area.
4. Proposed alterations which are determined by the city to be consistent with the vegetative standards and
purposes of this Chapter.
5. The removal of dead or diseased trees, removal of any root structure for potential impacts is subject to WCA
rules.
6. The installation of utility poles, underground utility lines, light poles, traffic regulator signs and signals,
mailboxes, and other equipment that is determined by the City to provide an essential public service.
7. The installation of public and private flood control structures, ponding and drainage facilities and associated
accessory appurtenances as approved by the City,
8. The installation of environmental monitoring or control facilities, including those related to water quality and
wildlife regulation,
9. The mowing of or installation of permeable pathways not to exceed four feet in width to allow reasonable
access to the Wetland.
10. The installation of boardwalks, docks, or other structures to allow reasonable access to the Wetland. These
structures shall not exceed four feet in width or have poses greater than eight inches in diameter. If footings
are proposed, the Public Works Director shall make a determination as to whether a permit is required.
11. The installation of public trails, if required. The temporary and permanent trail disturbance shall not exceed
eight feet in width and may not exceed the de minimis exemption.
C. Any WCA required wetland banking or replacement plan shall be reviewed and approved by the city council.
15-4-6 Vegetation Performance Standards.
Buffer Setback areas shall meet the following vegetation performance standards:
A. Where acceptable natural vegetation exists in a Buffer Setback area, disturbance is allowed only with approval
from the city. A Buffer Setback area will be considered to have acceptable natural vegetation if it:
1. Is composed of less than 25 percent weeds;
2. Is covered by Native Vegetation with less than five percent exposed soil. Exposed soils may exceed 5% in
cases where native trees and shrub canopy closure of 75% or greater exists; and
3. Does not contain maintained turf grass.
B. Where a Buffer Setback area or a portion thereof is not considered acceptable or is to be disturbed, a Buffer
landscape plan must be submitted to the Natural Resource Coordinator for approval. At a minimum the
landscaping plan shall include the following information:
1. A plan sheet that shows the location of the Buffer Zone area. The plan must identify the buffer areas that are
acceptable and the areas that have been identified as unacceptable or disturbed. The city will require that all
acceptable buffer areas be protected with silt fence during construction to protect them from erosion and
disturbance.
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2. The species, planting and seeding locations for the Buffer Zones for the unacceptable and/or disturbed
areas. The plan shall include a minimum of four species of native grasses and five species of native forbs
and a cover crop. The seed mix shall consist of at least 15 pounds of pure live seed (PLS) per acre and the
cover crop shall be at least 20 pounds per acre.
3. Detailed specifications that describe sequencing, scheduling, materials, installation of maintenance
execution for the seeding, planting or Weed removal.
C. In cases where a Buffer Setback landscaping plan is required, the city may require an approved form of a financial
guarantee.
15-4-7 Wetland and Buffer Setback Mitigation.
A. In cases where a Wetland or Buffer Setback alteration is approved by the city and mitigation is required, the
mitigation must result in equal or improved Wetland function and value. The following standards shall apply for any
Wetland or Buffer Setback mitigation:
1. Wetland mitigation must conform to the requirements of the WCA.
2. In cases where an approved WCA Application allows Wetland impacts, Buffer Setback areas shall be
required on the fill slope of the impact, but additional fill shall not be permitted to meet the Buffer Setback
requirements of this Chapter. Instead, expansion of the Buffer Setback area shall be required elsewhere
along the edge of the Wetland to meet the overall area of the required buffer.
3. The area of the Buffer Setback area required for Wetlands created is subject to an approved WCA Permit
Application and shall meet or exceed the area of required Buffer Setbacks by this Chapter and Section
[Table 12-4A-1.1] for the impacted Wetland.
4. Wetland and Buffer Setback area plantings that are completed for mitigation shall meet the vegetative
requirements of this Chapter.
5. Buffer Setback areas may be utilized for Wetland mitigation credits if they meet the requirements of the
WCA.
15-4-8 Fees
A. Fees: A base fee as set by resolution of the city council shall be paid by all applicants for review of a Wetland
Delineation Report.
B. Escrows: All applicants shall submit an escrow as determined by the city council to cover the staff and consultant
costs to review the Wetland Delineation Report and any associated mitigation plan.
15-4-9 Violation; Penalty
Any person failing to comply with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punishable as provided in section 1-4-1 of this code. (1981 Code 402 § 13; amd. 2003 Code)
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CHAPTER 5: FLOODPLAIN MANAGEMENT
15-5-1 Statutory Authorization, Findings of Fact and Purpose
A. Statement Of Purpose: It is the purpose of this chapter to promote the public health, safety, and general welfare
and to minimize those losses in flood hazard areas by provisions contained herein.
B. Statutory Authorization: The legislature of the state of Minnesota has, in Minnesota statutes chapters 103F and
462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.
Therefore, the city council of the city of Mendota Heights, Minnesota, does ordain as follows.
C. Findings Of Fact:
1. Effects Of Flooding: The flood hazard areas of the city of Mendota Heights, Minnesota, are subject to
periodic inundation which results in potential loss of life, loss of property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures or flood protection
and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
2. Methods Used To Analyze Flood Hazards: This chapter is based upon a reasonable method of analyzing
flood hazards which is consistent with the standards established by the Minnesota department of natural
resources.
3. National Flood Insurance Program Compliance: This chapter is adopted to comply with the rules and
regulations of the national flood insurance program codified as 44 code of federal regulations parts 59-78, as
amended, so as to maintain the community's eligibility in the national flood insurance program. (Ord. 439,
11-1-2011)
15-5-2 General Provisions
A. Lands To Which Chapter Applies: This chapter shall apply to all lands within the jurisdiction of the city of Mendota
Heights shown on the official zoning map and/or the attachments thereto as being located within the boundaries of
the floodway and flood fringe districts.
B. Establishment Of Official Zoning Map: The official zoning map together with all materials attached thereto is
hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the
"Flood Insurance Study, Dakota County, Minnesota And Incorporated Areas", flood insurance rate map panels
therein numbered 27037C0014E, 27037C0017E, 27037C0018E, 27037C0019E, 27037C0036E, 27037C0080E,
and 27037C0081E and the flood insurance rate map index (map number 27037CIND1A), all dated December 2,
2011, and prepared by the federal emergency management agency. The official zoning map shall be on file in the
office of the city clerk and the zoning administrator.
C. Interpretation:
1. In their interpretation and application, the provisions of this chapter shall be held to be minimum
requirements and shall be liberally construed in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
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2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map.
Where interpretation is needed as to the exact location of the boundaries of the district as shown on the
official zoning map, as for example where there appears to be a conflict between a mapped boundary and
actual field conditions and there is a formal appeal of the decision of the zoning administrator, the board of
adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional
(100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its
initial floodplain ordinance or on the date of the first national flood insurance program map showing the area
within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of
the district boundaries shall be given a reasonable opportunity to present their case to the board of
adjustment and to submit technical evidence.
D. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the
provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to
the extent of the inconsistency only.
E. Warning And Disclaimer Of Liability: This chapter does not imply that areas outside the floodplain districts or land
uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create
liability on the part of the city of Mendota Heights or any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision lawfully made thereunder.
F. Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
G. Annexations: The flood insurance rate map panels adopted by reference into subsection B of this section may
include floodplain areas that lie outside of the corporate boundaries of the city of Mendota Heights at the time of
adoption hereof. If any of these floodplain land areas are annexed into the city of Mendota Heights after the date
of adoption hereof, the newly annexed floodplain lands shall be subject to the provisions of this chapter
immediately upon the date of annexation into the city of Mendota Heights. (Ord. 439, 11-1-2011)
15-5-3 Establishment Of Zoning Districts
A. Districts:
1. Floodway District: The floodway district shall include those areas designated as floodway on the flood
insurance rate map adopted in subsection 15-5-2B of this chapter.
2. Flood Fringe District: The flood fringe district shall include those areas designated as floodway fringe. The
flood fringe district shall include those areas shown on the flood insurance rate map as adopted in
subsection 15-5-2B of this chapter as being within zones AE but being located outside of the floodway.
B. Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located,
extended, converted, repaired, maintained or structurally altered without full compliance with the terms of this
chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. All uses not
listed as permitted uses or conditional uses in this code are prohibited. In addition, a caution is provided here that:
1. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles
are prohibited by this code.
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2. Modifications, repair and maintenance, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses of structures or land are
regulated by the general provisions of this chapter and specifically section 15-5-11 of this chapter.
3. As built elevations for elevated or floodproofed structures must be certified by ground surveys and
floodproofing techniques must be designed and certified by a registered professional engineer or architect
as specified in the general provisions of this chapter and specifically as stated in section 15-5-10 of this
chapter. (Ord. 439, 11-1-2011)
15-5-4 Floodway District (FW)
A. Permitted Uses, Standards For Floodway And Flood Fringe Permitted Uses:
1. Permitted uses shall be any use of land which does not involve a structure, a fence, an addition to the
outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill,
excavation, or storage of materials or equipment.
2. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or equipment.
B. Conditional Uses:
1. Conditional uses shall be permissible in the underlying zoning district and shall have low flood damage
potential.
2. Structures accessory to the uses listed in subsections A and B3 through B8 of this section.
3. Extraction and storage of sand, gravel, and other materials.
4. Marinas, boat rentals, docks, piers, wharves, and water control structures.
5. Railroads, streets, bridges, utility transmission lines, and pipelines.
6. Storage yards for equipment, machinery, or materials.
7. Placement of fill or construction of fences.
8. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the
intent is to protect individual structures.
C. Standards For Floodway And Flood Fringe Conditional Uses:
1. All Uses: No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction,
storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any
increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or
reaches affected.
2. Procedures And Standards: All floodway and flood fringe conditional uses shall be subject to the procedures
and standards contained in subsection 15-5-10D of this chapter.
3. Fill:
a. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain and flood fringe
shall not cause a net decrease in storage capacity without providing compensatory storage. This shall
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be determined by a professional engineer, or satisfied through a no-rise certification. If compensatory
storage is needed, creation of determined adequate storage shall be created before the proposed fill is
placed, unless it is demonstrated that doing so is impractical and that placement of fill and creation of
compensatory storage can be achieved concurrently.
b. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain and Flood Fringe
shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
c. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway and flood fringe
unless a long term site development plan is submitted which includes an erosion/sedimentation
prevention element to the plan.
d. As an alternative and consistent with subsection C3b of this section, dredge spoil disposal and sand
and gravel operations may allow temporary, on site storage of fill or other materials which would have
caused an increase to the stage of the 100-year or regional flood but only after the governing body has
received an appropriate plan which assures the removal of the materials from the floodway and flood
fringe based upon the flood warning time available. The conditional use permit must be title registered
with the property in the office of the county recorder.
4. Accessory Structures:
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the
minimum obstruction to the flow of floodwaters:
(1.) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the
direction of flood flow; and
(2.) So far as practicable, structures shall be placed approximately on the same flood flow lines as
those of adjoining structures.
c. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-
1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory
structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code
provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500)
square feet in size at its largest projection, and for a detached garage, the detached garage must be
used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet
the following additional standards:
(1.) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of
the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;
(2.) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory
flood protection elevation or properly floodproofed; and
(3.) To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2)
"automatic" openings in the outside walls of the structure having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding. There must be
openings on at least two (2) sides of the structure and the bottom of all openings must be no higher
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than one foot (1') above the lowest adjacent grade to the structure. Using human intervention to
open a garage door prior to flooding will not satisfy this requirement for automatic openings.
5. Storage Of Materials And Equipment:
a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily removable from the area within the
time available after a flood warning and in accordance with a plan approved by the governing body.
6. Structural Works For Flood Control: Structural works for flood control that will change the course, current or
cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota statute,
chapter 103G. Community wide structural works for flood control intended to remove areas from the
regulatory floodplain shall not be allowed in the floodway.
7. Structures In Floodway: A levee, dike or floodwall constructed in the floodway shall not cause an increase to
the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on
both sides of a stream. (Ord. 439, 11-1-2011; amd. Ord. 556, 4-21-2020)
15-5-5 Flood Fringe District (FF)
A. Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying
zoning use district(s).
B. Standards For Flood Fringe Permitted Uses:
1. All structures, including accessory structures, must be elevated on fill so that the lowest floor including
basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than two feet (2’) below the regulatory flood protection elevation, unless
protection via floodproofing is provided, and the fill shall extend at such elevation at least fifteen feet (15')
beyond the outside limits of the structure erected thereon.
2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do
not exceed five hundred (500) square feet at its largest projection may be internally floodproofed in
accordance with subsection 15-5-4C(4) of this chapter.
3. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection
elevation.
C. Standards For All Flood Fringe Uses:
1. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative
cover or other acceptable method. The federal emergency management agency (FEMA) has established
criteria for removing the special flood hazard area designation for certain structures properly elevated on fill
above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi-structure or multi-lot developments. These standards should be investigated
prior to the initiation of site preparation if a change of special flood hazard area designation will be
requested.
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2. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining
floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has
not been specified on the official zoning map.
3. Commercial uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at
elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be
used by the employees or the general public shall not be granted in the absence of a flood warning system
that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that
when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4)
upon occurrence of the regional flood.
4. Manufacturing and industrial uses: Measures shall be taken to minimize interference with normal plant
operations especially along streams having protracted flood durations. Certain accessory land uses such as
yards and parking lots may be at lower elevations subject to requirements set out in subsection C3 of this
section. In considering permit applications, due consideration shall be given to needs of an industry whose
business requires that it be located in floodplain areas. (Ord. 439, 11-1-2011; amd. Ord. 556, 4-21-2020)
15-5-6 Reserved
15-5-7 Subdivisions
A. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage,
water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building
site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to
the subdivision and to the individual building sites no lower than two feet (2') below the regulatory flood protection
elevation. For all subdivisions in the floodplain, the floodway and flood fringe districts boundaries, the regulatory
flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required
subdivision drawings and platting documents.
B. Removal Of Special Flood Hazard Area Designation: The federal emergency management agency (FEMA) has
established criteria for removing the special flood hazard area designation for certain structures properly elevated
on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi- structure or multi-lot developments. These standards should be investigated prior to
the initiation of site preparation if a change of special flood hazard area designation will be requested. (Ord. 439,
11-1-2011)
15-5-8 Public Utilities, Railroads, Roads, And Bridges
A. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be
located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the
regulatory flood protection elevation.
B. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain shall comply
with sections 15-5-4 and 15-5-5 of this chapter. Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of these transportation facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where failure or interruption of transportation services would not
endanger the public health or safety.
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C. On Site Sewage Treatment And Water Supply Systems: Where public utilities are not provided: 1) on site water
supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and 2) new
or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to
impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with
the state's current statewide standards for on site sewage treatment systems shall be determined to be in
compliance with this section. (Ord. 439, 11-1-2011)
15-5-9 Manufactured Homes, Manufactured Home Parks, And Placement Of Recreational Vehicles
A. Manufactured homes are not permissible under this title.
B. Licensed and operable recreation vehicles are allowed only within residential districts and shall not be stored in
floodplain areas.
1. No structural additions or accessory structures may be attached to recreational vehicles in any zoning
district. (Ord. 439, 11-1-2011)
15-5-10 Administration
A. Zoning Administrator: A zoning administrator or other official designated by the governing body shall administer
and enforce this chapter. If the zoning administrator finds a violation of the provisions of this chapter the zoning
administrator shall notify the person responsible for such violation in accordance with the procedures stated in
section 15-5-12 of this chapter.
B. Permit Requirements:
1. Permit Required: A permit issued by the zoning administrator in conformity with the provisions of this chapter
shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance
and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a
building, structure, or land; prior to the construction of a dam, fence, or on site septic system; prior to the
change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by
flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the
storage of materials or equipment within the floodplain.
2. Application For Permit: Application for a permit shall be made to the zoning administrator on forms furnished
by the zoning administrator and shall include the following where applicable: plans drawn to scale showing
the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill, or storage of
materials; and the location of the foregoing in relation to the stream channel.
3. State And Federal Permits: Prior to granting a permit or processing an application for a conditional use
permit or variance, the zoning administrator shall determine that the applicant has obtained all necessary
state and federal permits.
4. Certificate Of Zoning Compliance For A New, Altered, Or Nonconforming Use: It shall be unlawful to use,
occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created,
erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning
compliance shall have been issued by the zoning administrator stating that the use of the building or land
conforms to the requirements of this chapter.
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5. Construction And Use To Be As Provided On Applications, Plans, Permits, Variances And Certificates of
Zoning Compliance: Permits, conditional use permits, or certificates of zoning compliance issued on the
basis of approved plans and applications authorize only the use, arrangement, and construction set forth in
such approved plans and applications, and no other use, arrangement, or construction. Any use,
arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter,
and punishable as provided by section 15-5-12 of this chapter.
6. Certification: The applicant shall be required to submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this chapter. Floodproofing measures shall be certified by
a registered professional engineer or registered architect.
7. Record Of First Floor Elevation: The zoning administrator shall maintain a record of the elevation of the
lowest floor (including basement) of all new structures and alterations or additions to existing structures in
the floodplain. The zoning administrator shall also maintain a record of the elevation to which structures or
alterations and additions to structures are floodproofed.
8. Notifications For Watercourse Alterations: The zoning administrator shall notify, in riverine situations,
adjacent communities and the commissioner of the department of natural resources prior to the community
authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in
the beds of public waters pursuant to Minnesota statute, chapter 103G, this shall suffice as adequate notice
to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago
regional office of the federal emergency management agency (FEMA).
9. Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As
soon as is practicable, but not later than six (6) months after the date such supporting information becomes
available, the zoning administrator shall notify the Chicago regional office of FEMA of the changes by
submitting a copy of said technical or scientific data.
C. Board Of Adjustment:
1. Rules: The board of adjustment shall adopt rules for the conduct of business and may exercise all of the
powers conferred on such boards by state law.
2. Administrative Review: The board of adjustment shall hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made by an administrative official in the
enforcement or administration of this chapter.
3. Variances: The board of adjustment may authorize upon appeal in specific cases such relief or variance
from the terms of this chapter as will not be contrary to the public interest and only for those circumstances
such as hardship, practical difficulties or circumstances unique to the property under consideration, as
provided for in the respective enabling legislation for planning and zoning for cities or counties as
appropriate. In the granting of such variance, the board of adjustment shall clearly identify in writing the
specific conditions that existed consistent with the criteria specified in this chapter, any other zoning
regulations in the community, and in the respective enabling legislation that justified the granting of the
variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a
lower degree of flood protection than the regulatory flood protection elevation for the particular area, or
permit standards lower than those required by state law. The following additional variance criteria of the
federal emergency management agency must be satisfied:
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a. Variances shall not be issued by a community within any designated regulatory floodway if any increase
in flood levels during the base flood discharge would result.
b. Variances shall only be issued by a community upon: 1) a showing of good and sufficient cause, 2) a
determination that failure to grant the variance would result in exceptional hardship to the applicant, and
3) a determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
c. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
4. Hearings: Upon filing with the board of adjustment of an appeal from a decision of the zoning administrator,
or an application for a variance, the board of adjustment shall fix a reasonable time for a hearing and give
due notice to the parties in interest as specified by law. The board of adjustment shall submit by mail to the
commissioner of natural resources a copy of the application for proposed variances sufficiently in advance
so that the commissioner will receive at least ten (10) days' notice of the hearing.
5. Decisions: The board of adjustment shall arrive at a decision on such appeal or variance within sixty (60)
days. In passing upon an appeal, the board of adjustment may, so long as such action is in conformity with
the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision
or determination of the zoning administrator or other public official. It shall make its decision in writing setting
forth the findings of fact and the reasons for its decisions. In granting a variance the board of adjustment
may prescribe appropriate conditions and safeguards such as those specified in subsection D6 of this
section, which are in conformity with the purposes of this chapter. Violations of such conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation
of this chapter punishable under section 15-5-12 of this chapter. A copy of all decisions granting variances
shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action.
6. Appeals: Appeals from any decision of the board of adjustment may be made, and as specified in this
community's official controls and also by Minnesota statutes.
7. Flood Insurance Notice And Recordkeeping: The zoning administrator shall notify the applicant for a
variance that: a) the issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one
hundred dollars ($100.00) of insurance coverage and b) such construction below the 100-year or regional
flood level increases risks to life and property. Such notification shall be maintained with a record of all
variance actions. A community shall maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its annual or biennial report submitted to the administrator of
the national flood insurance program.
D. Conditional Uses: The city council shall hear and decide applications for conditional uses permissible under this
chapter. Applications shall be submitted to the zoning administrator who shall forward the application for
consideration.
1. Hearings: Upon filing with the zoning administrator an application for a conditional use permit, the zoning
administrator shall submit by mail to the commissioner of natural resources a copy of the application for
proposed conditional use sufficiently in advance so that the commissioner will receive at least ten (10) days'
notice of the hearing.
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2. Decisions: The city council shall arrive at a decision on a conditional use within sixty (60) days. In granting a
conditional use permit the city council shall prescribe appropriate conditions and safeguards which are in
conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a
part of the terms under which the conditional use permit is granted, shall be deemed a violation of this
chapter punishable under section 15-5-12 of this chapter. A copy of all decisions granting conditional use
permits shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such
action.
3. Procedures To Be Followed By The City Council In Passing On Conditional Use Permit Applications Within
All Floodplain Districts:
a. Require the applicant to furnish such of the following information and additional information as deemed
necessary by the city council for determining the suitability of the particular site for the proposed use:
(1.) Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or
proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the
above to the location of the stream channel; and
(2.) Specifications for building construction and materials, floodproofing, filling, dredging, grading,
channel improvement, storage of materials, water supply and sanitary facilities.
b. Transmit one copy of the information described in subsection D3a of this section to a designated
engineer or other expert person or agency for technical assistance, where necessary, in evaluating the
proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use,
the adequacy of the plans for protection and other technical matters.
c. Based upon the technical evaluation of the designated engineer or expert, the city council shall
determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation
to the flood hazard.
4. Factors Upon Which The Decision Of The City Council Shall Be Based: In passing upon conditional use
applications, the city council shall consider all relevant factors specified in other sections of this chapter, and:
a. The danger to life and property due to increased flood heights or velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or downstream to the injury of others or they
may block bridges, culverts or other hydraulic structures.
c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease,
contamination and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner.
e. The importance of the services provided by the proposed facility to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for the proposed use.
h. The compatibility of the proposed use with existing development and development anticipated in the
foreseeable future.
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i. The relationship of the proposed use to the comprehensive plan and floodplain management program
for the area.
j. The safety of access to the property in times of flood for ordinary and emergency vehicles.
k. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected
at the site.
l. Such other factors which are relevant to the purposes of this chapter.
5. Time For Acting On Application: The city council shall act on an application in the manner described above
within sixty (60) days from receiving a completed application.
6. Conditions Attached To Conditional Use Permits: Upon consideration of the factors listed above and the
purpose of this chapter, the city council shall attach such conditions to the granting of conditional use
permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are
not limited to, the following:
a. Modification of waste treatment and water supply facilities.
b. Limitations on period of use, occupancy and operation.
c. Imposition of operational controls, sureties and deed restrictions.
d. Requirements for construction of channel modifications, compensatory storage, dikes, levees and other
protective measures.
e. Floodproofing measures, in accordance with the state building code and this chapter. The applicant
shall submit a plan or document certified by a registered professional engineer or architect that the
floodproofing measures are consistent with the regulatory flood protection elevation and associated
flood factors for the particular area. (Ord. 439, 11-1-2011)
15-5-11 Nonconforming Uses
A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this
chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following
conditions. Historic structures, as defined by this chapter shall be subject to the following provisions:
1. No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.
2. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in
increasing the flood damage potential of that structure or use shall be protected to the regulatory flood
protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1
through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted
below.
3. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure
shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this section
are satisfied. The cost of all structural alterations and additions must include all costs such as construction
materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed
alterations and additions exceeds fifty percent (50%) of the market value of the structure, then the structure
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must meet the standards of section 15-5-4 or 15-5-5 of this chapter for new structures depending upon
whether the structure is in the floodway or flood fringe district, respectively.
4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building
premises shall conform to this chapter. The assessor shall notify the zoning administrator in writing of
instances of nonconforming uses that have been discontinued for a period of twelve (12) months.
5. If any nonconforming use or structure is substantially damaged, as defined in subsection 15-5-3B(2) of this
chapter, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable
provisions for establishing new uses or new structures in section 15-5-4 or 15-5-5 of this chapter will apply
depending upon whether the use or structure is in the floodway or flood fringe district, respectively.
6. If a "substantial improvement" occurs, as defined in subsection 15-5-3B(2) of this chapter, from any
combination of a building addition to the outside dimensions of the existing building or a rehabilitation,
reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming
building, then the building addition and the existing nonconforming building must meet the requirements of
section 15-5-4 or 15-5-5 of this chapter for new structures, depending upon whether the structure is in the
floodway or flood fringe district, respectively. (Ord. 439, 11-1-2011)
15-5-12 Penalties For Violation
A. Violation of the provisions of this chapter 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) shall constitute
a misdemeanor and shall be punishable as defined by law.
B. Nothing herein contained shall prevent the city of Mendota Heights from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include, but are not limited to:
1. In responding to a suspected chapter violation, the zoning administrator and local government may utilize
the full array of enforcement actions available to it including, but not limited to, prosecution and fines,
injunctions, after the fact permits, orders for corrective measures or a request to the national flood insurance
program for denial of flood insurance availability to the guilty party. The community must act in good faith to
enforce these official controls and to correct chapter violations to the extent possible so as not to jeopardize
its eligibility in the national flood insurance program.
2. When a chapter violation is either discovered by or brought to the attention of the zoning administrator, the
zoning administrator shall immediately investigate the situation and document the nature and extent of the
violation of the official control. As soon as is reasonably possible, this information will be submitted to the
appropriate department of natural resources and federal emergency management agency regional office
along with the community's plan of action to correct the violation to the degree possible.
3. The zoning administrator shall notify the suspected party of the requirements of this chapter and all other
official controls and the nature and extent of the suspected violation of these controls. If the structure and/or
use is under construction or development, the zoning administrator may order the construction or
development immediately halted until a proper permit or approval is granted by the community. If the
construction or development is already completed, then the zoning administrator may either: a) issue an
order identifying the corrective actions that must be made within a specified time period to bring the use or
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structure into compliance with the official controls; or b) notify the responsible party to apply for an after the
fact permit/development approval within a specified period of time not to exceed thirty (30) days.
4. If the responsible party does not appropriately respond to the zoning administrator within the specified period
of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be
prosecuted accordingly. The zoning administrator shall also upon the lapse of the specified response period
notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
(Ord. 439, 11-1-2011)
15-5-13 Amendments
The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown
that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection
elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the
commissioner of natural resources if he determines that, through other measures, lands are adequately protected for the
intended use.
All amendments to this chapter, including amendments to the official zoning map, must be submitted to and approved by
the commissioner of natural resources prior to adoption. Changes in the official zoning map must meet the federal
emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before
adoption. The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider an
amendment to this chapter and said notice shall include a draft of the chapter amendment or technical study under
consideration. (Ord. 439, 11-1-2011)
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CHAPTER 6: SHORELAND ORDINANCE
15-6-1 In General.
Reserved.
15-6-2 Shoreland Ordinance
A. Intent and Purpose. The city has determined that a shoreland ordinance will help protect surface water quality,
near shore habitat, and the shoreland aesthetics. The city intends to adopt a tailored ordinance after it has studied
the specific characteristics of the city’s shoreland in coordination with the other chapters contained in this
Environmental Standards ordinance.
B. State Rules adopted by Reference. Until the city completes its study and adopts its regulations, it herein
incorporates by reference the applicable standards and regulations established by Minnesota Rules Chapter
6120.
1. Where any rule or regulation is in conflict with any other provision of this Environmental Standards
ordinance, the more restrictive standard shall apply.
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CHAPTER 7: PERFORMANCE STANDARDS
15-7-1 Chloride Reduction
A. Definitions. The following words, terms, phrases, when used in this section, shall have the meanings ascribed to
them in this subsection, except where the context clearly indicates a different meaning:
1. Anti-icing means the application of a liquid deicer prior to the onset of a snow event.
2. Best Management Practice (BMP) means structural, vegetative, or managerial practices used to treat,
prevent, or reduce water pollution.
3. Certified Salt Applicator means an individual who apples deicer and has completed Minnesota Pollution
Control Agency Smart Salting training (Level 1 or 2).
4. Deicer means any substance used to melt snow and ice or used for it’s anti-icing effects.
5. Winter Maintenance Professional means an individual who applies deicer for hire (i.e. snow plow drivers, salt
truck drivers).
B. Intent and purpose.
1. The removal of snow and ice from roadways is essential to both public safety and to the local economy and
in order to protect the public safety, during and after winter storm events, the use of pavement deicing
chemical is a widely accepter means of keeping roadways passable; and
2. Pavement deicing is typically accomplished through the use of deicers which can be corrosive to vehicles,
roadway surfaces, and bridges and has been found to have adverse effects on the surface waters,
groundwater and to environmentally sensitive areas; and
3. The restoration of surface and ground water quality and ecosystems in such areas can be very difficult and
costly, if not impossible to rehabilitate through reverse osmosis, once the events of contamination occur; and
4. Proper utilization and management of deicing materials is critical to ensure that the environmental impacts of
related practices are reduced to the maximum extent possible; and
5. Negative environmental impacts may occur when salt and other deicers are not properly stored and
transported; and
6. One of the primary sources of chloride entering the ground water is salt spillage that is either plowed of
washed from maintenance yards, unloading and loading areas and it is necessary to regulate all persons
engaged in the storage and use of bulk deicing materials on their property and elsewhere in order to reduce
the costly impacts of such use to the surrounding vegetation, surface water and ground water.
C. Occupational Licensure for Winter Maintenance Professionals
1. Applicability. No person will engage in the operation of a winter maintenance business for the private
operation of a snowplowing service or the use or storage of salt and other deicing materials, or to assist
others in the same for the purpose of managing ice and snow from private roadways, parking areas, and
sidewalks on commercial, industrial, institutional, office, multi-family, and private single-family residential
dwellings without being in compliance with the terms and provisions of this chapter,
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2. Certification Required.
a. All persons engaged in the operation of a winter maintenance business for the private operation of a
snowplowing service or the use or storage of salt or other deicing materials must employ an individual
who possesses current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution
Control Agency. This individual must be responsible for the application of appropriate deicing material at
the proper amount and rate; the employment of correct procedures for temperature and conditions;
accurate record-keeping and data recordation; and calibration of equipment annually. In the event of a
major storm emergency, the licensing official may exempt winter maintenance professionals from the
requirements of this section for services completed under contract with the City of Mendota Heights.
3. Deicer Storage Requirements.
a. All persons must employ best management practices to minimize the discharge of polluted runoff from
salt and deicer storage and application as follows:
(1.) Designated salt and deicer storage areas must be covered or indoors.
(2.) Designated salt and deicer storage areas must be located on an impervious surface; and
(3.) Implementation of practices to reduce exposure when transferring material in designated salt and
deicer storage areas (e.g., sweeping, diversions, and/or containment).
4. Deicer Bulk Storage Facility Regulations.
a. Applicability.
(1.) The following sections apply to all indoor and outdoor bulk deicer storage facilities (temporary and
permanent) including salt piles, salt bag storage, sand piles and other storage of deicing materials.
Bulk storage, as regulated by this chapter, is defined as storage of any material used for deicing
and/or traction during winter conditions that is more than five tons in solid form (or 1,000 gallons in
liquid form).
b. General Requirements.
(1.) Indoor operations for the storage of deicing materials must be provided wherever possible in order
to prevent such materials from being affected by rain, snow and melt water.
(2.) All salt, sand and other deicing materials stored outdoors must be covered at all times.
(i.) When not using a permanent roof, a waterproof impermeable, flexible cover must be placed
over all storage piles (to protect against precipitation and surface water runoff). The cover
must prevent runoff and leachate from being generated by the outdoor storage piles. The
cover must be secured to prevent removal by wind or other storm events. Piles must be
formed in a conical shape and covered as necessary to prevent leaching.
(ii.) Any roof leaks, tears or damage should be temporarily repaired during winter to reduce the
entrance of precipitation. Permanent repairs must be completed prior to the next winter
season.
c. Facility Siting.
(1.) The facility must be in close proximity to the area in which the deicing materials are to be used, if
practical.
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(2.) Each facility must be located outside of floodplains and 300 feet from lakes, streams, ditches,
storm drains, manholes, catch basins, wetlands and any other areas likely to absorb runoff. A
facility must not be located in close proximity to surface water features, water supplies, wells or
drywells.
(3.) A facility must be located on impermeable surfaces.
(4.) The property slope must be away from the facility’s salt, deicer, and sand storage area.
(5.) Salt vulnerable/intolerant natural areas should be avoided as storage facilities to the extent
possible. Where they cannot be avoided, specific measures should be instituted to protect
vulnerable areas. Salt vulnerable/intolerable natural areas include, but are not limited to:
(i.) Areas with salt sensitive vegetation.
(ii.) Areas serving as a source of drinking water (surface water and ground water)
(iii.) Areas with bodies of water with low dilution, low volume or salt sensitive species.
(iv.) Areas associated with ground water recharge zones or shallow water table, with medium to
high permeable soils.
d. Snow Piles
(1.) Snow piles must be located downslope from salt and deicer storage areas to prevent the snow melt
from flowing through storage areas and carrying material to the nearest drainage system or
waterway.
e. Deicer Tuck Wash Water
(1.) Deicer- and salt-containing truck wash water must be captured, treated, and recycled for use as
saltbrine in pre-wetting and anti-icing activities.
f. Transfer of Materials
(1.) Practices must be implemented in oder to reduce exposure (e.g., sweeping, diversions, and/or
containment when transferring salt or other deicing material.
D. Land Disturbance Permitting.
1. Chloride Management
a. An applicant for a permit for land-disturbing activity on property other than individual single-family home
sites must provide a plan for post construction management of chloride use on the site that includes, at
a minimum:
(1.) Designation of an induvial authorized to implement the chloride-use plan; and
(2.) Designation of a Minnesota Pollution Control Agency Smart Salting-certified salt applicator
engaged in the implementation of the chloride-use plan for the site.
E. Parking Lot, Sidewalk and Private Road Sweeping Requirements.
1. Sweeping of Parking Lots, Sidewalk, and Private Roads
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a. Every owner or occupant of any dwelling or other residential building, proprietor or lessee of any
business, commercial or public premises, or [insert other entities as appropriate such as homeowner’s
associations] within the City of Mendota Heights, must conform to ice and snow removal specified under
this section [12-7-1]. If dry deicing material is spread, it must be properly swept and disposed of
immediately after snow melt. If an owner, occupant, proprietor or lessee neglects or refuses to sweep
excess deicing material, the City of Mendota Heights may sweep such material or authorize some
person to do the same on behalf of the City of Mendota Heights. The City of Mendota Heights, in its
sole discretion, may issue notices of violation to an owner, lessee, proprotor, or occupant for violations
of this section.
15-7-2 Temporary Keeping of Goats for Prescribed Grazing and Invasive Vegetation Removal
A. Purpose: The purpose of this Section is to establish conditions under which the temporary and periodic use of a
limited number of goats for invasive and noxious vegetation control is permitted and to establish the requirements
for doing so in order to protect the environment and the health, safety, and welfare of the general population.
B. Prescribed Goat Grazing Permit Required: No goat may be kept, maintained, or harbored on any property in the
city unless a goat grazing permit has been approved and issued. A permit may be granted only for:
1. A parcel or lot of record that is 0.5 acres or more in size; or
2. A prescribed grazing area located on more than one parcel or lot provided the grazing areas on each
parcel/lot are contiguous and an aggregate of 0.5 acres or more in size.
C. Application for Permit: The applicant must submit the following information for the request to be considered.
1. The applicant shall complete an application form provided by the City and filed with the City Clerk. The
applicant shall also pay the application fee for the permit which shall be established by the City fee schedule.
Permit fees shall not be prorated or refundable.
2. A detailed site plan of the premises on which prescribed grazing is sought to occur, including the location
and the dimensions of the proposed grazing area, a list of the vegetation existing on the site and sought to
be controlled by the prescribed grazing.
3. The full name and address of the following persons:
a. The applicant; and
b. The owner(s) of the premises on which prescribed goat grazing is sought to occur and for which the
permit would apply.
4. The street address of the premises on which prescribed grazing is sought to occur and for which the permit
would apply.
5. The number of goats to be kept on the premises under the permit, not to exceed two (2) goats per every
one-tenth (0.10) acre of the prescribed grazing area.
6. A list of person(s) owning, providing, managing and monitoring the goats, including their full name, address,
and twenty-four (24)-hour contact information accompanied by evidence of liability insurance as required by
this Section.
7. The type of fencing to be used for the required enclosure, and date the temporary fence will be installed.
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8. Date the goats will arrive on the premises for which the permit would apply, and the latest date the goats will
be removed from the premises for which the permit would apply.
9. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of
goats on the property for which the permit is sought.
10. The signature of the owner(s) of the premises or a homeowners' association board officers where the
prescribed grazing will occur.
11. Any other and further information as the City deems necessary.
D. Granting or Denying Issuance of Permit: The City may grant a permit under this Section provided the application
filed demonstrates compliance with the requirements of this section. The City shall deny a permit hereunder for
any of the following reasons:
1. The application is incomplete or contains false, fraudulent, or deceptive statements.
2. The applicant does not or has not complied with one or more of the provisions of this Section.
3. The premises for which the permit is sought, including, but not limited to, the proposed grazing area, is not in
compliance with any provisions of this subdivision, other City Code provisions or state laws relating to
zoning, health, fire, building, or safety.
4. The applicant or owner of the premises where the prescribed grazing is to occur has been previously
convicted of a violation under this Section within the past two (2) years.
5. The owner of the goats has violated any provision hereunder, or on more than two prior occasions, the
owner's goats have been found running at large.
E. Duration of Permit: The duration of a permit under this section shall be as follows:
1. Prescribed grazing shall not be permitted for more than thirty (30) consecutive days. No more than three (3)
prescribed grazing permits may be issued within one (1) calendar year for the same property. There shall be
a minimum of thirty (30) days between the expiration of the first permit issued and the second permit issued
in a twelve (12) month period.
F. Conditions of Permit: The keeping of goats is permitted pursuant to a permit granted under this Section, subject to
the following conditions:
1. Transferability of Permit: A permit issued hereunder shall be nontransferable and shall be solely for the
property listed on the permit.
2. Liability Insurance: The provider or owner of the goat(s) to be utilized under the permit shall have and
maintain insurance coverage for claims arising from prescribed grazing in the amount of one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate and shall provide to the
City proof of the required insurance coverage prior to issuance of the permit. The City shall have no liability
for any damages that may be caused by goats kept on a property pursuant to a prescribed grazing permit.
The permit holder shall be responsible for any damage caused by goats used for prescribed grazing
purposes.
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3. Monitoring: Goat provider or owner must have staff available to respond to any emergency complaints or
concerns at all time of the day or night. Applicant will furnish an emergency contact number when applying
for any permit.
4. Right-of-Entry for Inspection: The premises for which a permit is issued shall, at all reasonable times, be
open to inspection by the city staff to determine compliance with the permit, other City Code provisions and
state laws relating to zoning, health, fire, building, or safety.
5. Number of Goats Permitted: No more than two (2) goats per every one-tenth (0.10) acre of the prescribed
grazing area shall be on the premises at one time under the permit.
6. Proper Enclosures: The prescribed grazing area shall be fully and securely enclosed with proper enclosures,
and fully maintained for the duration of the prescribed grazing permit, as required and provided herein.
Fencing must be designed to prevent escape by goats and to protect the goats from the intrusion of other
predatory animals. All sides of the enclosure(s) shall be of sufficient height and the bottom of the enclosures
shall be constructed or secured in a manner as to prevent the goats from escaping over or under the
enclosure(s). The prescribed grazing activity shall be fully and properly enclosed at all times. It is unlawful
and a violation of the permit for any goat to be allowed to run at large during the duration of this permit. An
enclosure shall meet the following requirements:
a. Permanent enclosures: Fences and structures constructed to enclose prescribed grazing goats, but
intended to remain at the expiration of the prescribed grazing activity, shall comply with the regulations
for the zoning district in which the prescribed grazing is located and shall be permitted separately from
the prescribed grazing activity.
b. Temporary enclosures:
(1.) Temporary fencing and structures for the sole purpose of enclosing prescribed grazing goats shall
be allowed for the duration of the prescribed grazing. All temporary fencing or structures shall be
removed within seven (7) days of the removal of the goats from the premises as required under the
permit;
(2.) Temporary fences must not exceed six-feet (6') in height;
(3.) Temporary fences may be electric or electrified as specified in the approved prescribed grazing
permit. Where electric fences are used, a double fence system with a non-electric outer fence,
maintained a minimum of three (3) feet from the electric fence, is required to serve as a safety
barrier to reduce the possibility of the public coming in contact with the electric fence. If an existing
natural barrier or permanent structure exist as to prevent contact with or serve as a barrier to the
electric fence, then the second outer fence may not be required for the applicable segment of
fencing; and
(4.) The outer fence may be allowed up to the property line of the premises on which the permit
applies, and shall not be located within any public or private right-of-way.
7. Signage, Temporary: The permit holder shall install and maintain temporary signs on the premises for the
duration of the permit as follows:
a. All signs must be located on each side of the enclosed area and visible to the public;
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b. The signs must state the purpose of the goats and enclosure, and provide any caution or warning
message in a manner that is visible to the public;
c. The signs must contain emergency contact information of the owner of the goat(s);
d. The signs shall be setback a minimum of ten (10) feet from property line if freestanding, or placed on
the enclosure fence;
e. All signs shall be removed when goats are removed from the premises; and
f. Any electric or electrified fence in association with prescribed grazing must have a warning sign posted
on every boundary of the enclosure at least every fifty (50) feet along each side of the fence. The
warning sign shall clearly identify the electric fence. No single sign shall exceed four (4) square feet in
area. Each sign shall be clearly visible on the approach to the fence and be posted on or within one (1)
foot of the electric or electrified fence.
8. Shelter: Temporary shelters for the goats may be allowed as per the discretion of the provider.
9. Herd Specifics: Only females, neutered male goats, or unneutered male goats less than six months old that
accompany female goats are allowed.
10. Odor and Cleanliness: The property must be maintained in a clean, sanitary condition so as to be free from
offensive odors, fly breeding, dust, and general nuisance conditions.
11. Natural Resources Protection: Prescribed grazing shall not adversely affect significant natural resources.
Prescribed grazing activities shall comply with the following:
a. Prescribed grazing activities shall comply with the best management practices established by the
Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, Dakota County
Soil and Water Conservation District, and all other pertinent agencies;
b. Prescribed grazing activities shall not impair water quality as defined by the Federal Clean Water Act;
c. Threatened or endangered plant species shall be protected from grazing activities; and
d. No goats may be brought onto a property that is known to have the Invasive Jumping Worm (Amynthas
Z species).
12. Conservation Easements: If the proposed prescribed grazing area is within a conservation easement, all
requirements of the conservation easement must be met. If the terms of the conservation easements do not
allow prescribed grazing, then the permit will be denied.
G. Feeding of Goats: No supplemental feeding of grain based feed or foods will be allowed, except for vitamin or
mineral supplements. All goats on the premises shall be provided with and have daily access to fresh drinking
water.
H. Care of Goats: All goats used under the permit shall receive proper veterinary treatment and regular deworming.
In the event that a prescribed grazing goat becomes ill, hurt, or perishes, the permit holder and the owner of the
goat is responsible for immediate on-site care or removal of the goat from the property. Overall care of the goats
shall include the following:
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1. Goats that become parasitized or otherwise unhealthy shall be removed off-site by the contractor or
provider.
2. To ensure the biosecurity of the grazing site, all goats introduced to the permitted grazing site must come
clean and leave clean.
I. Violation and Penalties: If a violation of the terms of this Section or the prescribed goat grazing permit is found, the
City shall give written notice thereof to the permit holder. If the violation is not remedied within ten (10) days of the
date of the notice, a misdemeanor citation may be issued and/or the prescribed goat grazing permit may be
revoked. Notwithstanding the foregoing, the City may immediately revoke the permit and/or a misdemeanor
citation may be immediately issued if there is a violation of 15-7-2(G) or 15-7-2(H) or if a permit holder's goat(s)
have been found running at large on two (2) or more occurrences within the term of the permit. The City shall
notify the permit holder of the opportunity to appeal the revocation to the City Council in writing, and the City shall
specify the length of time the permit holder has to file an appeal. The permit holder shall file the request for the
hearing in front of City Council within ten (10) days of the date of the revocation or shall be deemed to have
waived the right to appeal. (Ord. 566, 7-6-2021)
15-7-3 Shade Tree Program
A. State regulations adopted:
1. Sections 1505.0010 through 1505.0600 of 3 Minnesota rules, department of agriculture, shade tree program,
together with amendments thereof to date, are hereby adopted by reference and made a part of this chapter
as if set out herein in full, except as hereinafter provided. A copy of said rules marked "Official Copy" is on
file in the office of the city clerk. (1981 Code 1008 § 1; amd. 2003 Code)
B. Stockpiling elm wood:
1. The stockpiling of bark bearing elm wood within the city limits of the city shall be permitted during the period
from September 15 through April 1 of any given year. Any such wood not utilized by April 1 of any year must
then be removed and disposed of as provided by this chapter and the regulations incorporated hereby.
(1981 Code 1008 § 2)
C. Conflicting provisions:
1. Where the provisions of this chapter conflict or are inconsistent with any other ordinance of the city, the
provisions of this chapter shall supersede except in instances where one regulation is more restrictive than
another, in which case, the more restrictive shall apply and control. (1981 Code 1008 § 3)
D. Violation; penalty:
1. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be deemed guilty of
a misdemeanor and shall be punishable as provided in section 1-4-1 of this code. (1981 Code 1008 § 4;
amd. 2003 Code)
15-7-4 Weeds and Noxious Vegetation
A. Definition:
1. The word "person" as used in this chapter shall mean and include one or more persons of either sex, natural
persons, corporations, partnerships, associations, joint stock companies, societies and all other entities of
any kind capable of being sued. (1981 Code 1001 § 5)
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B. Weeds and Noxious Vegetation Prohibited:
1. Height Restriction; Accumulations Prohibited: It shall be unlawful for any owner, lessee, or occupant, or any
agent, servant, representative or employee of any such owner, lessee, or occupant having control of any
occupied or unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or
land, or on or along the sidewalk, street, or alley adjacent to the same between the property line and the
curb or middle of the alley or for ten feet (10') outside the property line if there is no curb, any growth of
weeds, grass or other rank vegetation to a greater height than twelve inches (12"), or any accumulation of
dead weeds, grass or brush. (1981 Code 1001 § 1; amd. 2003 Code)
2. Exemption. Any ground cover vegetation located in the following areas is hereby exempt from height
restrictions:
a. Shore impact zones;
b. Areas within fifty feet (50') of a wetland or natural drainage way;
c. Bluff impact zones;
d. Areas of native plant communities; and
e. Significant vegetative stands, with said areas identified under Title 12 Zoning, Chapter 3, Mississippi
River Corridor Critical Area (MRCCA) Overlay District ordinance.
Ground cover vegetation and any vegetation management within the MRCCA Overlay District shall comply
with the Vegetation Management requirements and standards of Section 12-6A-9 of City Code Title 12,
Chapter 6 and any Vegetation Management Permits approved by the City.
3. Poisonous Plants: It shall be unlawful for any such person or persons to cause, suffer, or allow poison ivy,
ragweed or other poisonous plant or plants detrimental to health to grow on any lot or land in such manner
that any part of such ivy, ragweed, or other poisonous or harmful weed shall extend upon, overhang or
border any public place or allow the seed, pollen, or other poisonous particles or emanations therefrom to be
carried through the air into any public place. (1981 Code 1001 § 1; amd. 2003 Code; Ord. 568, 9-23-2021)
C. Duty to Abate:
1. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut
and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be
necessary to comply with the provisions of section 15-7-4B of this chapter; provided, that cutting and
removing such weeds, grass and vegetation at least once in every three (3) weeks, between May 15 and
September 15 shall be deemed to be a compliance with this chapter. (1981 Code 1001 § 2)
D. Abatement Procedure:
1. Notice To Abate: If the provisions of sections 15-7-4B and 15-7-4C of this chapter are not complied with, the
weed inspector shall serve written notice upon the owner, lessee or occupant or any person having the care
or control of any such lot or land to comply with the provision of this chapter.
2. Abatement By City; Costs A Lien: If the person upon whom the notice is served fails, neglects or refuses to
cut and remove or to cause to be cut and removed such weeds, grass or other vegetation within five (5)
days after receipt of such notice, or if no person can be found in the city who either is or claims to be the
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owner of such lot or land or who either represents or claims to represent such owner, the weed inspector
shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed, and the
actual cost of such cutting and removal, plus five percent (5%) for inspection and other additional costs in
connection therewith, shall be certified by the city clerk to the county auditor and shall thereupon become
and be a lien upon the property on which such weeds, grass and other vegetation were located and shall be
added to and become and form part of the taxes next to be assessed and levied upon such lot or land and
shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in
the same manner as taxes. (1981 Code 1001 § 3)
E. Exemptions from Provisions:
1. Application For Exemption: An application for an annual exemption from the requirements of this chapter
may be filed with the weed inspector.
2. Grounds For Exemptions: The weed inspector may grant exemption from strict compliance with this chapter
if, in his determination, the property meets certain criteria.
a. The inspector will give consideration for exemption to properties which he determines to be wetland
areas, wooded areas, steep slopes, large undeveloped parcels, wildlife habitats, nature preserves or
properties adjacent thereto, or to those portions of developed residential lots which are designated as
natural and planted with decorative plants such as prairie grass and wildflowers.
b. Unimproved portions of city parks, state owned property, rights of way, and ditches are exempt from
compliance with the provisions of this chapter.
3. Revocation Of Exemption: Exemptions authorized by the weed inspector are subject to revocation should
any of the following conditions be determined to exist:
a. Noxious weeds are found to be present subsequent to the granting of an exemption;
b. The exemption results in creation of a sight obstruction or hydrant obstruction;
c. An unusual number of complaints are lodged with the weed inspector; or
d. The property becomes a disposal site for grass clippings, branches or other forms of debris. (Ord. 273,
3-5-1991)
F. Penalty:
1. Any person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this chapter,
or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall
violate any of the provisions of this chapter or who shall resist or obstruct the weed inspector or his
employees in the cutting and removal of weeds, grass and other vegetation, shall, upon conviction thereof,
be subject to a fine as provided in section 1-4-1 of this code, and each day on which such violation continues
shall constitute a separate offense. (1981 Code 1001 § 4; amd. 2003 Code)
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PLANNING STAFF REPORT
DATE:July 23, 2024
TO:Planning Commission
FROM:Sarah Madden, Community Development Manager
Jennifer Haskamp, Swanson-Haskamp Consulting
SUBJECT:Zoning Code Update Public Hearing
APPLICANT:City of Mendota Heights
INTRODUCTION
The Final Draft of the Zoning Code Update has been prepared for presentation at a public hearing
before the Planning Commission. The City has prepared proposed amendments to Title 12: Zoning
to adopt a revised zoning title and corresponding Zoning Map.
A public hearing notice for this planning item was published in the Pioneer Press and notice letters
were mailed to all properties within 350-feet of the properties which are proposed to be changed
from I-Industrial to B-1 General Business on the corresponding revised Zoning Map. The city has
not received any comments or objections to this land use request as of the submittal of this report.
BACKGROUND / PROJECT DESCRIPTION
In 2022, the City of Mendota Heights began the process of updating its Zoning Code to be
consistent with the adopted 2040 Comprehensive Plan in compliance with State Statute.
The Planning Commission has served as the working group on the project, meeting several times
to discuss key sections of the Zoning Ordinance revision including:
• Zoning and Overlay Districts
• Allowed and Prohibited Uses
• Character, Building and Design Standards
• Administration and Conformance
The Planning Commission and City Council met for the first time in a joint Work Session on the
Zoning Code Update project in May 2022, and planned for the Planning Commission to meet at
several special work sessions of the next year to evaluate the key sections for review as listed
above. There were three additional joint Work Sessions in 2023 to review and discuss the full drafts
of the revised City Code which had been prepared by the City’s Planning Consultant Jennifer
Haskamp, of Swanson-Haskamp Consulting. Following the final joint Work Session in January
2024, the City moved forward with the preparation of the final draft of the Zoning Code and held
a Public Open House on the project on February 15, 2024. The presentation slides from the Public
Open House are included as an attachment to this report.
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Zoning Code Update – Public Hearing Page 2 of 2
At the Public Open House, Planning Consultant Jennifer Haskamp prepared an overview
presentation of the key areas of interest within the revised Zoning Code draft and prepared a
survey for members of the public to participate in to share their comments and feedback on the
proposed draft. The survey was open for two weeks and there were 60 survey respondents. Some
respondents commented on the impervious surface calculations, specifically for the RE-
Residential Estate zoning district (currently noted as R-1A on the City’s zoning map). City Staff and
Planner Haskamp discussed the survey results with the City Council at their April Work Session
and the majority of the City Council was in favor of removing the option to exceed 35% impervious
surface with the inclusion of BMPs (Best Management Practices) for the RE zoning district.
The final draft of the Zoning Code Update and revised Zoning Map have been prepared 1for
public hearing and are included as an attachment to this report. Also included as an attachment
is the drafted newly proposed Title 15: Environmental Standards. The Zoning Code contains
several cross references to environmental-related ordinances and sections which are still pending,
such as the City’s Tree Removal ordinance which is currently being drafted by the Natural
Resources Commission. This Environmental Title is planned to be adopted at the same time as the
Zoning Code Update in order to provide a location for the environmentally focused ordinances
within the City that are being removed from the Zoning Title, and to set aside a placeholder for
future adoption of new environmentally-focused ordinances. This Title is not subject to a public
hearing requirement and is not included as a separate review and recommendation by the
Planning Commission, however it has been provided for context to the cross-references which are
listed in the proposed revised Zoning Code (Title 12).
Additional details on previous drafts of the Zoning Code Update project, and former Work Session
presentation slides can found by visiting www.mendotaheightsmn.gov/zoning
ALTERNATIVES
1. Approve the proposed amendments to Title 12: Zoning to adopt the revised Zoning Title
drafted within the City of Mendota Heights Zoning Code Update project and corresponding
amendments to the Zoning Map to modify district boundaries and Zoning District titles; or
2.Table the request and request more information from staff.
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendments to Title 12: Zoning to adopt the
revised Zoning Title drafted within the City of Mendota Heights Zoning Code Update project
and corresponding amendments to the Zoning Map to modify district boundaries and Zoning
District titles.
If this item receives a positive recommendation from the Planning Commission, it will be
forwarded for review at the City Council’s August 20, 2024 regular meeting.
ATTACHMENTS:
1. Presentation Slides – Public Open House Feb 15, 2024
2. Zoning Code Update – Final Draft dated July 12, 2024
2. Zoning Code Update – Revised Zoning Map dated July 12, 2024
3. Proposed Environmental Title – Full Draft dated July 11, 2024
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July 23,2024
Mendota Heights Planning Commission
1101 Victoria Curve
Mendota Heights,MN 55118
Dear Planning Commission Members:
The topic of permitting Accessory Dwelling Units (ADU’s)in Mendota Heights has been
addressed over time,most recently in the City’s proposed Comprehensive Plan,culminating in
what appears to be a single mention of the subject on page 120,Table 5-9,with the words “will
explore”.We understand that the topic has also been addressed in the course of a joint work
session between the City Council and Commission,where apparently a majority of those
attending were “not in favor”of allowing ADU’s within the revised ordinance.
We are writing to ask that the Planning Commission continue to keep an open mind regarding
the subject,and ideally to put in place plans to indeed continue to “explore”the subject.
We live on South Lane,on a lot having a current density of one unit -and two people -per 1.2
acres,together with a native prairie that we have started on the front one half acre.We are
hoping to remain in Mendota Heights,including to “age in place”on the property we have lived
in -and continue to improve upon -for nearly 40 years.
As the Members of the Commission know,any fair discussion of the topic of ADU’s involves
consideration of an array of factors well beyond our ability to respond to the current Plan at this
point,having only recently become aware of the existence,or in turn,potential impact of Table
5-9.
These factors would include:
The ability to meet increasing housing demands amidst limited opportunities for growth,and to
do so in a sustainable manner that preserves green spaces (and prairies)and reduces the
environmental impact associated with new construction.
To increase the availability of affordable housing options,providing smaller,secondary housing
units on existing lots,in order to offer affordable living spaces for young professionals and small
families,as well as seniors who may have recently started a prairie and hope to watch it grow as
they age in place.
To provide opportunities for multigenerational living,allowing extended families to live close
together while maintaining some independence,which in turn can strengthen family ties and
support networks within the community.
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To keep Mendota Heights attractive to those looking for a place to live,particularly when
considering that several of our neighboring communities have already approved ADU’s or are
considering plans to do so.
The thought of allowing ADUs in our city presents a strategic opportunity to address our housing
needs,enhance our economic stability,and promote sustainable growth.Given the unique
characteristics of our community,and the growing demand for diverse housing options,allowing
ADUs would significantly benefit our community.
We therefore strongly encourage the Commission,and in turn Council,to at the very least,
maintain an open mind and actively engage in a genuine effort to further explore the topic.
Thank you for your attention to this important matter.
Sincerely,
Phil and Renae Goldman
1926 South Lane
Mendota Heights,MN 55118
pgold1926@gmai.com
Page 232 of 250
April 10, 2024
Sarah Madden
Community Development Manager
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
BY EMAIL
Re: 2500 Lexington Avenue South
Thank you for your time at the recent zoning code update event at City Hall. As I previously
shared, we represent the property owner of 2500 Lexington Avenue South (the “Property”) as
well as its main tenant, Summit Companies. Summit is in the process of building its new
expanded corporate headquarters in the City, and when complete the Property will seek new
primary tenant. The Property is zoned Industrial (“I-District”). The current proposed draft of the
City’s zoning code update (“Zoning Code Update”) rezones the Property from the I-District to the
City’s B-1 District. This rezoning will impact the permitted and conditional uses of the Property,
significantly impacting the future use of the building.
To better understand impact of the Zoning Code Update, we conducted a high-level analysis of
the I-District today, the B-1 District as proposed and the I-District as proposed. Blue boxes
highlight the elimination of a use currently permitted, yellow boxes reflect a limitation or
narrowing of existing use rights, and green boxes show where the Zoning Code Update
expands the potential uses of the Property.
Uses I-District Today B-1 District
Proposed
I District New
Auto Repair,
Major/Minor
Permitted CUP Permitted
Bus Terminal Permitted CUP Permitted
Business and
Professional Offices
Permitted Permitted Permitted
Maintenance Garage Permitted CUP Permitted
Colleges Permitted CUP CUP
Landscaping and
building design and
construction
Permitted Permitted
Manufacturing
(enclosed with
certain excluded
uses (below))
Permitted Permitted Permitted *
Railroad Spurs Permitted CUP CUP
Scientific Research Permitted Permitted /CUP
(Research Centers
and Labs)
Permitted
Page 233 of 250
Sarah Madden
April 10, 2024
Page 2
Uses I-District Today B-1 District
Proposed
I District New
Warehousing and
distribution not
abutting a residential
uses
Permitted, subject to
performance
standards
CUP
Accessory Retail
Sales
CUP CUP /Permitted based
on size of building or
shop
Permitted
Airport/Truck/Freight
Terminals, Team
Tracks
CUP CUP
Open Sales Lot CUP
Commercial
Recreation (outside)
CUP CUP CUP
Commercial
Recreation
CUP CUP CUP
Dog Training Facility CUP CUP
Essential Service
Structures
CUP CUP CUP
Manufacturing* Not
enclosed
CUP CUP
Massage Therapy CUP Permitted
Motel Hotel CUP CUP CUP
Outdoor storage CUP CUP CUP
Personal self storage CUP CUP
Radio/TV towers CUP CUP CUP
Ready Mix Concrete CUP CUP
Restaurants CUP Permitted CUP
Retail Sales CUP Permitted
Warehousing/Dist.
Abutting residential
CUP CUP
Adult Uses CUP CUP
Animal Hospital CUP
Convention Hall CUP
Art Studio CUP
Banks Permitted
Boats and Marine
Sales
Permitted
Brewery CUP CUP
Daycare Permitted
Drive Though CUP
Dry
Cleaning/Laundry
CUP
Health Club Permitted CUP
Food Trucks Permitted Permitted
Food hall CUP CUP
Funeral Homes CUP CUP
Page 234 of 250
Sarah Madden
April 10, 2024
Page 3
Uses I-District Today B-1 District
Proposed
I District New
Garden Supply Store Permitted
Greenhouse Permitted Permitted
Laundromat Permitted
Medical/Dental
Clinics
Permitted CUP
Motor Vehicle Fuel
Stations
CUP CUP
Pet Shop Permitted
Printing Shop Permitted
Private Club/Lodge CUP
Radio/TV Repair Permitted
Drug and Alcohol
Treatment
CUP
Theater CUP
Travel/Ticket office Permitted
Alternative Energy CUP CUP
Auto Sales (Tesla) Permitted CUP
Dog Daycare CUP
Electrical Services,
heating, plumbing
(Construction
services)
Permitted CUP CUP
Stone Sales CUP CUP CUP
Based on the City’s presentation and our subsequent conversations, we understand the City’s
goals to be: 1) updating the City’s zoning ordinance to ensure consistency with the City’s 2040
plan (the “2040 Plan”) and 2) addressing developing policy objectives within certain areas of the
City. Again, based upon our engagement with the City, we understand the rezoning of the
Property to originate from priority 1- consistency with the 2040 plan.
The Property is outlined in yellow on the 2030 plan and 2040 plan below.
The Property was historically guided Business. In 2016, the Property was reguided from
Business to Industrial, rezoned from the B-1 District to the I-District, and the zoning code was
amended at the request of the Property owner to allow for warehousing and distribution uses
Page 235 of 250
Sarah Madden
April 10, 2024
Page 4
adjacent to a residential use. The recency of these approvals led us to believe that the 2040
plan inadvertently reguided the Property back to its original designation, rather than retaining
the revised uses approved in the 2016 application.
The Property has long served a variety of industrial, warehousing, and mixed-use purposes.
Rezoning the Property to the B-1 District would undo the 2016 approval and create difficult legal
nonconforming use issues which impact the value of the Property and future investment in the
building. We do not believe it is the City’s goal to create these impacts. We also understand
that the City is simultaneously reviewing the 2040 Plan during the Zoning Code Update process
and intends to self-initiate reguiding of a number of properties. To retain the uses that benefit
the Property today and to ensure that the Property is not impacted by future restrictions on
expansion and renovation, we request that the City reguide the Property to Industrial as part of
this process.
While we would also support inclusion of additional uses within the City’s revised B-1 District,
we believe that this solution, reguiding the Property to the Industrial designation, most efficiently
meets the City’s policy goals while also preserving the value of the Property.
If you have any additional questions, please do not hesitate to reach out to our office. Thank
you.
Sincerely,
Megan C. Rogers, for
Larkin Hoffman
Direct Dial: (952) 896-3395
Direct Fax: (952) 842-1847
Email: mrogers@larkinhoffman.com
4855-8695-2365, v. 4
Page 236 of 250
From:Rogers, Megan C.
To:Sarah Madden
Subject:RE: 2500 Lexington Avenue South- Zoning Update
Date:Thursday, July 18, 2024 10:37:53 PM
Attachments:4 Quints- Summit- Mendota Heights- 2500 Lexington Avenue South 4855-8695-2365 v.4.pdf
Sarah,
Our client received notice of the July 23, 2024 Planning Commission Meeting- that notice included
the statement that our Property is still proposed to be rezoned to the B-1 District. I submitted a
narrative back in April outlining the reasons why rezoning in conjunction with this review is
inappropriate and would create unintended consequences for the property owner that would
impact value and use moving forward. I understood staff to be supportive of bringing forward a
reguiding (consistent with our Client’s 2016 application and subsequent approvals). We
simultaneously requested consideration of expanded uses within the City’s B-1 District that are not
evident from the materials available on the City website. Specifically, the warehousing and
distribution use long approved for this Property would no longer be permitted by right or by a CUP in
the new district. We object to this rezoning and renew our request that the City retain the existing
industrial zoning for this parcel for all of the reasons previously outlined. I would appreciate a call to
discuss prior to the hearing- I am hopeful that our request was misplaced in the larger substantive
work your team and the Planning Commission has been engaged in over the past several months.
My office number is below- I can be reached on my cell as well at 303-810-1294.
Megan
Megan C. Rogers Shareholder
direct | 952-896-3395fax | 952-842-1847
8300 Norman Center DriveSuite 1000Minneapolis, MN 55437-1060
www.larkinhoffman.com
Page 237 of 250
PLANNING STAFF REPORT
DATE:July 30, 2024
TO:Planning Commission
FROM:Sarah Madden, Community Development Manager
SUBJECT:Zoning Code Update Discussion
BACKGROUND
The Final Draft of the Zoning Code Update was prepared for presentation at a public hearing
before the Planning Commission, held on July 23, 2024 to consider the proposed amendments to
Title 12: Zoning to adopt a revised zoning title and corresponding Zoning Map. The City has
prepared proposed amendments to Title 12: Zoning to adopt a revised zoning title and
corresponding Zoning Map.
There were three individuals present at the public hearing, and two individuals chose to provide
public comment. In addition, two instances of written public comments were distributed to the
Planning Commissioners as an addendum to the staff report, as they were received following the
submission of the staff report.
During the Commission’s review and discussion of the Zoning Code Update, they made the
determination that an additional Work Session should be held to continue the discussion of the
items which were brought up during the meeting.
The following items were identified as discussion topics for the Work Session:
•Warehouse/distribution as a CUP in the B-1 General Business district
•Definition of ‘government building or structure’
•Lighting at school ball fields
•Noting prohibition of ADUs in the use chart
ATTACHMENTS:
1. Draft/Unapproved Minutes from July 23, 2024 Planning Commission meeting
2. Zoning Ordinance Update – Summary of Changes
3. Code Mapping Reference Guide
Page 238 of 250
1
Planning Commission 07.26.2024
MEMO
To: Members of Mendota Heights Planning Commission
CC: Sarah Madden, Community Development Manager
From: Jennifer Haskamp, AICP, SHC
Date: July 26, 2024
RE: Zoning Ordinance Update – Summary of Changes
Introduction
At the public hearing held on July 23, 2024 the Planning Commission tabled consideration of the Zoning
Ordinance update and scheduled a work session. One of the issues brought forward was a request to have a more
thorough understanding of what changes have been made to the proposed Zoning Ordinance compared to the
adopted Zoning Ordinance. As stated during the meeting, a full track-changes version of the Zoning Ordinance is
not available since the structure of the ordinance has been modified. However, in an effort to provide more clarity
with respect to the changes we have completed an ordinance mapping process which is attached to this memo to
assist in your review of the ordinance.
Summary Changes Affecting Full Document
The ordinance mapping process provides detailed section references of key policy related changes. Some changes
affect the entire ordinance update and therefore are not individually identified within the attached ordinance
mapping. A summary of the changes that are present throughout the ordinance is provided for your reference:
• Reduce legalese. Throughout the ordinance language has been modified to use more layman’s
vernacular rather than the current legalese. This is intentional to make the ordinance more accessible to
residents, stakeholders and policymakers. For example, throughout the ordinance where the meaning of
the policy or regulation would not change if the word “shall” was replaced with “must” the term “must
was used.
• Updated Structure Language. The updated code is structured as follows: Title, Chapter, Article,
Section. The appropriate references throughout the ordinance have been updated to ensure that the
appropriate regulation is referenced.
• Updated Base Zoning Code References. The Base Zoning Districts have been adjusted to match the
2040 Comprehensive Plan land use designations, and the business districts have been consolidated.
Specific zoning district changes are noted in the attached ordinance mapping. The revised zoning districts
required that all references to the Base Zoning Districts in various sections must be updated to reflect the
new zoning code terms. For example, where the existing code references the B-4 zoning district it has
been revised to B-2. These updates are incorporated throughout the ordinance.
Page 239 of 250
2
Planning Commission 07.26.2024
Ordinance Mapping
Attached is a working draft of the ordinance mapping process which “maps” the existing code language to the new
location in the updated zoning ordinance. The attached tables are organized by Chapter. Each table is organized as
follows:
• Column 1: Proposed Code Section. The code sections are numerically organized by the proposed code update
with the section title.
• Column 2: Existing Code Section(s). The location of the corresponding existing code sections is mapped to
the Proposed Code Section. This allows for a quick reference guide to look up the existing code language.
• Column 3: Summary of key changes. A summary of key changes in the proposed code when compared to the
existing code is provided. Note that the “Changes Affecting Full Document” identified above are not
included in the table as they are changes found throughout the ordinance.
Page 240 of 250
DRAFTUpdated Zoning Code Existing Zoning Code Key Change(s)
12-1A-1: Title and Application 12-1A-1: Title No substantive change
12-1A-2: Intent and Purpose 12-1A-2: Intent and Purpose No substantive change
12-1A-3: Application and Interpretation 12-1A-3: Application and Interpretation No substantive change
12-1A-4: Separability This Section is new
12-1A-5: Authority This Section is new
12-1B-1: Relationship to Comprehensive Plan This Section is new
12-1B-2: Nonconforming Uses, Structures and Land 12-1D-1: Nonconforming Uses, Structures and
Land
Updated for consistency with State Statute
Simplified and condensed language in 12-1B-2.D
Chapter 1: Title, Purpose, and Conformance
DRAFT | Zoning Ordinance Code Map
July 26,2024
City of Mendota Heights
Zoning Ordinance Update
Code Mapping Reference Guide
Page 241 of 250
DRAFTUpdated Zoning Code Existing Zoning Code Key Change(s)
12-2A-1: Summary This Section is new
12-2A-2: Zoning Districts Established 12-1C-1: Districts Established
Consolidated and renamed Residential districts.
Created PUD Overlay.
Consolidated and renamed Business districts.
12-2A-3: Zoning of Annexed Territory 12-1C-4: Zoning of Annexed Territory No substantive change
12-2A-4: Zoning Map 12-1C-2: Zoning Map No substantive change
12-2A-5: Boundaries of Districts 12-1C-3: Boundaries of Districts
Added detailed provisions for different types of overlay
districts. Specifies which regulatory agencies establish
the boundaries and provides conditions.
12-2A-6: Applicability of Standards and other
Jurisdictions
This Section is new
Requested by City Council and Planning Commission at
Joint Work Session
12-2B-1: Base Zoning Districts This Section is new
12-2B-2: Residential Estate 12-1E-3: R-1A One-Family Residential District
Tabular organization
Added impervious surface requirement
R-1B and R-1C One-Family Residential District
Removed - No properties are zoned this designation
12-2B-3: Low Density Residential (R-1)12-1E-3: R-1 One-Family Residential District Tabular organization
Added impervious surface requirement
12-2B-4: Medium Density Residential 12-1E-7: R-2 Medium Density Residential
District
Tabular organization
Adjusted lot size and lot width for consistency with 2040
Future Land Use Designation
Added impervious surface requirement
12-2B-5: Multi-Family Residential 12-1E-8: R-3 High Density Residential District
Tabular organization
Adjusted lot size and lot width for consistency with 2040
Future Land Use Designation
Added impervious surface requirement
12-2B-6: Mixed Use (MU)
This Section establishes a Base Zoning District for
existing Mixed Use PUD properties
Added impervious surface requirement
Added dimensional standards for consistency with 2040
Future Land Use Designation
12-2B-7: General Business
12-1F-2: B-1A Business Park District
12-1F-4: B-3 General Business District
12-1F-5: B-4 Shopping Center District
Tabular Organization
Consolidated districts - Minor adjustments to
dimensional standards to encompass standards of prior
districts
Moved Uses to Chapter 3
Added impervious surface requirement
12-2B-8: Neighborhood Business (B-2)12-1F-1: B-1 Limited Business District
12-1F-3: B-2 Neighborhood Business District
Tabular Organization
Consolidated districts - Minor adjustments to
dimensional standards to encompass standards of prior
districts
Moved Uses to Chapter 3
Added impervious surface requirement
12-2B-9: Industrial (I)12-1G: Industrial District
No substantive changes to dimensional standards
Moved Uses to Chapter 3
Moved parking, landscaping, and screening standards
to Chapter 4
12-2B-10: State Park (SP)
This Section is new, cross-reference to Minnesota DNR
Regulations
Added for consistency with 2040 Future Land Use
Designation
Chapter 2: Zoning Districts
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July 26,2024
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Zoning Ordinance Update
Code Mapping Reference Guide
Page 242 of 250
DRAFT12-2C-1: Public/Semi-Public Overlay (PSP-O)This Section is new, geographically limits PSP uses
within Base Residential Zoning Districts
12-2C-2: Planned Unit Development Overlay
Districts 12-1K: Planned Unit Developments
Revised PUD to an Overlay District that requires a Base
Zoning District
DRAFT | Zoning Ordinance Code Map
July 26,2024
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Code Mapping Reference Guide
Page 243 of 250
DRAFTUpdated Zoning Code Existing Zoning Code Key Change(s)
12-3A-1: Uses contained in this Chapter This Section is new
12-3A-2: Uses not Identified in this Chapter
This Section is new
Section establishes that Uses not identified within Table of Uses are prohibited
and provides a process to amend the Section or the Table if a resident wanted the
City to consider a Use
12-3A-3: General Standards Applicable for
Uses
Subsection A is new, but A.1 is carried over from existing code.
Requested to include by Planning Commission and City Council.
In Subsection A.1, the Atomic Energy Commission was removed because they
were dissolved in 1975
12-3B-1: Table of Uses
12-1E-3.A-B: R-1 One-Family Residential District
12-1E-4.A-B: R-1A One-Family Residential District
12-1E-7.A-B: R-2 Medium Density Residential
District
12-1E-8.A-B: R-3 High Density Residential District
12-1F-1.A-B: B-1 Limited Business District
12-1F-2.A-B: B-1A Business Park District
12-1F-3.A-B: B-2 Neighborhood Business District
12-1F-4.A-B: B-3 General Business District
12-1F-5.E-F: B-4 Shopping Center District
12-1G-1: Permitted Uses
12-1G-1: Conditional Uses
12-1G-1-1: Interim Uses
Tabular organization of Uses pulled from Article C: Zoning Districts and Map
Added Uses for Mixed Use (MU) District
Added the following Land Uses to Table: Commercial recreation (outdoor),
Crematorium, Food Trucks, Food Hall, Dog Daycare, Off-Leash Dog Area,
Brewery, Cidery, and Micro-distillery
Retail uses were consolidated to be based on square-footage
Residential descriptions were revised to match building code definitions
Added language to the Table under Public/Semi-Public Uses that PSP Uses in
Residential Districts must be within the designated overlay
Planning Commission updated each use based on the Zoning District
12-3B-2: Use Specific Regulations This Section is new
12-3B-3: Residential Use Specific Regulations
12-1E-3.B: R-1 One-Family Residential District
12-1D-8: Farming Operations
12-1E-7.A: R-2 Medium Density Residential District
This Section moves the Use Specific Standards from existing zoning districts into
one Section
Subsection A is new
Subsection B had minor edits
Subsection 2 - 3 had no substantive changes
Reorganization of Residential Use Specific Regulations into one Section
12-3B-4: Business/Commercial Use Specific
Regulations
12-1F-3.B: B-2 Neighborhood Business District
12-1D-13-4: Drive-In and Fast Food Restaurants
12-1F-1: B-1 Limited Business District
12-1F-2: B-1A Business Park District
12-1F-3: B-2 Neighborhood Business District
12-1F-4: B-3 General Business District
12-1F-5: B-4 Shopping Center District
12-1G-2: Conditional Uses
12-1D-13-3: Motor Fuel Stations and Motor Fuel
Station Convenience Stores
Article H. Adult-Oriented Businesses and Uses
This Section moves the Use Specific Standards from existing zoning districts into
one Section
Subsection A is new
Subsection B .1 is new, Adult Use ordinance considered previously but not
adopted
Subsection B.2 consolidated animal hospital with cat clinic
Subsection B.3 is new
Subsection B.4 was added by the Planning Commission in 2023
Subsection B.5 is new
Subsection B.6 - additional criteria was added
Subsection B.7 - no substantive changes
Subsection B.8 - no substantive changes
Subsection B.9 - modified retail uses based on building square-footage
12-3B-5: Industrial, Transportation, & Utility
Use Specific Regulations
12-1F-18: Alternative Energy Systems
12-1G-2: Conditional Uses
12-1D-7: Essential Services
12-1G-2-1: Interim Uses
12-5-6: Other Outdoor Storage
12-1G-1: Permitted Uses
12-1D-14: Wireless Antennas, Towers, and
Accessory Structures
Subsection A is new
Subsection B.1 - B.7 - no substantive changes
Subsection B.8 - updated subsection E for location preferences, other minor text
modifications
12-3B-6: Public, Semi-Public Use Specific
Regulations
12-1E-3.B: R-1 One-Family Residential District
12-1E-8.A-B: R-3 High Density Residential District
12-1F-2: B-1A Business Park District
Subsection A - B are new
Subsection B.2 - B.4 - no substantive changes
Added the following Sections: Cultural Centers, Places of Assembly
Chapter 3: Allowed Uses
DRAFT | Zoning Ordinance Code Map
July 26,2024
City of Mendota Heights
Zoning Ordinance Update
Code Mapping Reference Guide
Page 244 of 250
DRAFT12-3B-7: Accessory Use Specific Regulations
12-1E-3.C: R-1 One-Family Residential District
12-1E-4.C: R-1A One-Family Residential District
12-1E-7.C: R-2 Medium Density Residential District
12-1E-8.C: R-3 High Density Residential District
12-1F-1.C: B-1 Limited Business District
12-1F-2.C: B-1A Business Park District
12-1F-3.A-B: B-2 Neighborhood Business District
12-1F-4.A-B: B-3 General Business District
12-1F-5.G: B-4 Shopping Center District
12-1G-3: Permitted Accessory Uses
12-1G-2: Conditional Uses
Subsection A - B.1 are new
Subsection B.2 - no substantive changes
Subsection B.3 - updated Home Occupation criteria
Subsection B.4 - B.6 no substantive changes
Reorganization of Uses pulled from Article C: Zoning Districts and Map
Added the following Section: Home Occupation
DRAFT | Zoning Ordinance Code Map
July 26,2024
City of Mendota Heights
Zoning Ordinance Update
Code Mapping Reference Guide
Page 245 of 250
DRAFTUpdated Zoning Code Existing Zoning Code Key Change(s)
12-4A-1: General Character and Form of
Property This Section is new
12-4A-2: Utilities and Services 12-1D-12: Sanitary Sewer and Water Systems
12-1I-16: Drainage
No substantive changes - language updated
Subsection B - updated to match current process, no
substantive changes to the policy
12-4A-3: Yards and Open Space 12-4A-3: Yards and Open Space
Subsection C updated with minor adjustments to permitted
encroachment standards, modified front yard deck/porch
encroachments to limit encroachment permitted, cleaned up
language
Subsection D - added maximum front yard setback for infill lots
12-4A-4: Wetland Requirements
Modified existing wetland permit standards to follow WCA,
added wetland buffer and setback requirements table
Permit process aligns with WCA rules and are cross-referenced
in Title 15
12-4A-5: Landscaping Requirements
12-1D-13-2: Additional Requirements for all B
and I Districts
Expanded landscape requirements to apply to all multi-family,
mixed, and industrial uses
Subsection D.9 - adjustments for maintenance requirements for
native vegetation were incorporated
No substantive changes to standards
Updated cross-references
12-4A-6: Impervious Surface Requirements This Section is new - Industrial District was the only Zoning
District with impervious surface standards
12-4A-7: Structure Height Standards 12-1D-12-1: Increase in Structure Height
Limits
No substantive change
Language added to address infill lots in R-1 District
12-4A-8: Accessory Structure Standards 12-1D-3: Accessory Structures
Subsection A is new
Subsection B.3 is a new definition
Subsection C added impervious surface requirements
Subsection C.7 - requires administrative permit
Subsection D.3 - added provisions to allow garage door up to 12-
feet with a CUP
Subsection F is new, added provisions regarding Children's Play
Structures and Tree Houses
12-4A-9: Off-Street Parking and Loading 12-1D-16: Off Street Parking and Loading
Added subsection D.5 for parking space and drive aisle
standards
Subsection F - Table-4A-7.3 - Adjusted multi-family parking
ration to one space per dwelling unit or per bedroom, whichever
is greater
12-4A-10: Fences 12-1D-6: Fences Language updated to remove subjectivity
Updated Figure 12-4A-8.1 to match language in subsection C.1
12-4A-11: Signs 12-1D-15: Signs No substantive change
Subsection J.3 - language added regarding murals
12-4B-1: Lot and Building Provisions 12-1D-2: Lot Provisions Modified Subsection B to cross-reference exception language in
Section 12-2B-3, subdivision D
12-4B-2: Single-Family Detached and
Attached Building Requirements
12-1E-1: Minimum Requirements for Single-
Family Residential Districts
Subsection B - added exception for flat roofs
Subsection 3 - added language for landscape standards
12-4B-3: Attached and Multi-Family
Residential Building Requirements 12-1E-8: High Density Residential District
Adjusted Table 12-4B-3.1 for one-bedroom units to 700 SF
Subsection E - added design standards, modified construction
and building plan standards, added cross-reference to
landscape standards
12-4B-4: Outside Storage of Personal
Recreational Equipment in Residential
Districts
12-1D-13-5: Outside Storage in Residential
Districts Added subsection C - exceptions for corner lots
Chapter 4: Building, Character, and Design Standards
DRAFT | Zoning Ordinance Code Map
July 26,2024
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Zoning Ordinance Update
Code Mapping Reference Guide
Page 246 of 250
DRAFT12-4C-1: Public Semi-Public Overlay District This Section is new
12-4C-2: Floodplain Overlay District This Section is new, provides cross-reference to Title 15
12-4D-1: Lot and Building Standards
12-1D-13-2: Additional Requirements for all B
and I Districts No substantive change - language added about landscaping
12-4D-2: Screening
12-1D-13-2: Additional Requirements for all B
and I Districts No substantive change - language added about landscaping
12-4D-3: Lighting 12-1I-15: Lighting Added subsection B.3 regarding photometric plan
Added subsection C regarding fixture type and maximum height
DRAFT | Zoning Ordinance Code Map
July 26,2024
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Zoning Ordinance Update
Code Mapping Reference Guide
Page 247 of 250
DRAFTUpdated Zoning Code Existing Zoning Code Key Change(s)
12-5A-1: Administration and Enforcement Officials 12-1L-1: Administration and
Enforcement Officials No substantive change
12-5A-2: Duties of a Zoning Administrator 12-1L-2: Duties Of Zoning
Administrator No substantive change
12-5A-3: Appeal of Zoning Administrator Decision 12-1L-3: Appeals No substantive change
12-5B-1: Purpose and Applicability 12-3-13: Official Review Process
Subsection A - B are new
Subsection C - modified language for individual application to comply
with current Minnesota State Statute
Subsection D - consolidated individual land use application procedures
into one common set of procedures consistent with Minnesota Statute
15.99
Tabular Organization of Land Use Application Review Procedures
12-5B-2: Comprehensive Plan Amendment 12-1L-9: Comprehensive Plan
Amendments
No substantive change, updated for consistency with Minnesota State
Statute 15.99
12-5B-3: Zoning Amendment (Text or Map)12-1L-8: Zoning Amendments No substantive change, updated for consistency with Minnesota State
Statute 15.99
12-5B-4: Site Plan 12-3-12: Site Plan Requirements This Section is new
12-5B-5: Conditional Uses 12-1L-6: Conditional Uses No substantive change, updated for consistency with Minnesota State
Statute 15.99
12-5B-6: Interim Uses 12-1L-6-1: Interim Uses No substantive change, updated for consistency with Minnesota State
Statute 15.99
12-5B-7: Variances 12-1L-5: Variances No substantive change, updated for consistency with Minnesota State
Statute 15.99
12-5B-8: Planned Unit Development Article K. Planned Unit Developments
Modified to require rezoning to PUD-O
Added subsection C, regarding PUD overlay district types
Remaining sections - no substantive changes
12-5C-1: Building Permits
12-1D-13-2: Additional Requirements
for all B and I Districts
12-1E-2: Building Permit
Requirements for Single-Family
Residential Districts
This Section is new - Consolidated building permit language into one
Section
12-5C-2: Certificate of Occupancy 12-1L-4: Certificate of Occupancy No substantive change
12-5C-3: Traffic Studies 12-1D-17: Traffic Studies No substantive change
12-5C-4: Administrative Permit This Section is new
12-5D-1: Environmental Assessment Worksheet (EAW)
12-6-1: Environmental Review
Program
12-6-2: Cost of Preparation and
Review
12-6-3: Administration
12-6-4: Optional EAW
12-6-5: Enforcement and Penalty
No substantive change
12-5E-1: Fees and Deposits 12-1L-10: Fees And Deposits No substantive change
12-5E-2: Violations; Penalties 12-1L-11: Violations; Penalties No substantive change
Chapter 5: Administration and Conformance
DRAFT | Zoning Ordinance Code Map
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City of Mendota Heights
Zoning Ordinance Update
Code Mapping Reference Guide
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DRAFTUpdated Zoning Code Existing Zoning Code Key Change(s)
12-6A-1: Authority, Policy, and Intent 12-3-1: Authority, Policy and Intent
12-6A-2: General Provisions and Definitions 12-3-2: General Provisions and Definitions
12-6A-3: Administration 12-3-3: Administration
12-6A-4: Mississippi River Corridor Critical Area
(MRCCA) District
12-3-4: Mississippi River Corridor Critical Area
(MRCCA) Districts
12-6A-5: Special Land Use Provisions 12-3-5: Special Land Use Provisions
12-6A-6: Structure Height, Placement, and Lot
Size
12-3-6: Structure Height, Placement and Lot
Size
12-6A-7: Performance Standards for Private
Facilities
12-3-7: Performance Standards for Private
Facilities
12-6A-8: Performance Standards for Public
Facilities
12-3-8: Performance Standards for Public
Facilities
12-6A-9: Vegetation Management 12-3-9: Vegetation Management
12-6A-10: Land Alteration Standards and
Stormwater Management
12-3-10: Land Alteration Standards and
Stormwater Management
12-6A-11: Subdivision and Land Development
Standards
12-3-11: Subdivision and Land Development
Standards
12-6A-12: Site Plan Requirements 12-3-12: Site Plan Requirements
12-6A-13: Official Review Process 12-3-13: Official Review Process
12-6A-12: Notification to Resource Agencies 12-3-14: Notification to Resource Agencies
12-6A-15: Exemptions 12-3-15: Exemptions
Chapter 6: Critical Area Overlay District
No substantive change
DRAFT | Zoning Ordinance Code Map
July 26,2024
City of Mendota Heights
Zoning Ordinance Update
Code Mapping Reference Guide
Page 249 of 250
DRAFTUpdated Zoning Code Existing Zoning Code Key Change(s)
10-7A-1: Rules of Word Construction 12-1B-1: Rules of Word Construction No substantive change
12-7B-1: Definitions 12-1B-2: Definitions
No substantive change
Added definitions for: Accessory Structures (non-
building structures), Sign (mural), Right of Way,
Public Street
12-7C-1: Definitions 12-1H-2: Definitions
Adult Uses added from previously reviewed
ordinance
12-7D-1: Definitions 12-3-2: General Provisions and Definitions No substantive change
12-7E-1: Definitions 12-4-3: Definitions No substantive change
Chapter 7: Rules and Definitions
DRAFT | Zoning Ordinance Code Map
July 26,2024
City of Mendota Heights
Zoning Ordinance Update
Code Mapping Reference Guide
Page 250 of 250