Ordinance 593 Envrionrmenal Standards to the Code of OrdinancesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE 144O.593
ADDING TITLE 15: ENVIRONMENTAL STANDARDS TO THE CODE OF
ORDINANCES
The City Council of the City of Mendota Heights does ordinance:
Section 1. The City Code is amended to ADD Title 15: ENVIRONMENTAL STANDARDS
as follows:
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".
154A4 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 an,
2. Protect the health and safety of residents.
3. Protect water quality and minimize stormwater runoff.
4. Prevent erosion or flooding.
5. Control or eliminate soil erosion and sedimentation.
6. Encourage renewable energy systems that have a positive impact in energy
conservation, with limited adverse impact on the community.
7. 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 pub
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.
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.
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.
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 including, but not limited to, the
Notice of Decision and mitigation or replacement plans.
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.
13. 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,
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 [l2-
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.
15-2-2 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 ATpeal. 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 over in full or with certain conditions
the initial decision.
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. ApulicabilityI 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, such replacement trees shall be identified as Native, which is defined within
Chapter 4 of this Environmental Standards ordinance. Non-native trees shall not be an
acceptable form of replacement or required landscaping.
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)
154-2 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. For purposes of this section, Weeds shall not include dandelions or clover.
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.
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:
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.
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 [12-511-4].
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.
£ 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. Exem tip ons• 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.
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
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.
2. An official Boundary determination is made for that portion of the Wetland closest to
the Project or land disturbance activity and the Project will exceed the Buffer Setback
requirements.
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.
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.
11. The installation of public trails, if required. The temporary and permanent trail
disturbance shall not exceed eight feet in width.
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.
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 124A-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)
CIIAPTER 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,
2703700080E, and 27037CO081E 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.
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 15-5-213 of this chapter as being within
zones AE but being located outside of the floodway.
B. Cmirp ance: No news 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.
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 use 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 F000dway 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 15-5401) 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 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 Cab 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:
aI 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 than
one foot (P) 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
flood lain
shall not be allowed in the floodway.
7. Structures In Floodway: A levee, dike or floodwal 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:
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.
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
15-54 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.
C. On Site Sewage Treatment And Water SupISystems: 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 famished 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.
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 inn -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:
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.
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.
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
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 Shull 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.
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.
1. 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. F000dproofing 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 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 15-5-313(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 15-5-35(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, 114-
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 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 floodplam designation on the official zoning map shall not be removed from floodphun
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)
CHAPTER 6: SHORELAND ORDINANCE
15-6-2 In General.
Reserved.
15-6-3 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.
Where any rule or regulation is in conflict with any other provision of this
Environmental Standards ordinance, the more restrictive standard shall apply.
CHAPTER 7: PERFORMANCE STANDARDS
1444 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:
I. 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 I 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.
I. 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; and
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,
2. Certifzcation 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.
(I.) 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).
bI 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.
(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. now 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 Lite chloride -use plan for the
site.
E. Parking Lot, Sidewalk and Private Road Sweeping_Requirements.
1. Sweeping of Parking Lots, Sidewalk, and Private Roads
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
bI 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.
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 Deng 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 Pen -nit: 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.
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;
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
£ 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:
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�rovisions:
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)
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.
f. 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 15-7-413 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 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)
Section 2. Effective date.
This ordinance shall be effective January 1, 2025 following adoption and publication according
to law.
Section 3. Summary Publication.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
SUMMARY ORDINANCE N0.593
ADDING TITLE 15: ENVIRONMENTAL STANDARDS TO
THE CODE OF ORDINANCES
NOTICE IS HEREBY GIVEN that, on September 1'7, 2024, Ordinance No. 593 was adopted
by the City Council of the City of Mendota Heights, Minnesota,
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
593, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council creates
Title I5: Environmental Standards, establishing a new title to house environmental standards and
natural resources -focused codes and ordinances, created as a framework for existing
environmental ordinances and outlining the location of upcoming and future ordinance
implementation for environmental codes, including but not limited to tree replacement, wetlands
systems, floodplain management, and surface water management.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours at the office of the City Administrator/City Clerk or on the City's
website.
PASSED, ADOPTED and APPROVED FOR PUBLICATION by the City Council
of the City of Mendota Heights, Minnesota, this 170' day of September 2024,
CITY COUNCIL OF MENDOTA HEIGHTS
/S/Stephanie Levine, Mayor
Attest
ancy Bauer, City Clerk
ADOPTED this 17�' day of September, 2024 by the City Council for the City of Mendota
Heights.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
N cy Bauer, City Clerk