HomeMy WebLinkAbout10-27-2021 Council Packet
AGENDA
LITTLE CANADA CITY COUNCIL
WEDNESDAY, OCTOBER 27, 2021
CALL TO ORDER – Regular Meeting – 7:30 p.m.
Roll Call
Approval of Minutes
October 13, 2021 Workshop Meeting
October 13, 2021 Regular Council Meeting
Announcements
PUBLIC COMMENT
Please limit comments to 3 minutes per person. Items brought before the Council will be referred for
consideration. Council may ask questions for clarification, but no Council action or discussion will be held
on these items.
PUBLIC HEARINGS
1. Consider Establishment of Tax Increment Financing (TIF) District 7-3 and Adoption of a Tax
Increment Financing Plan, Including Provision of a Business Subsidy Pursuant to MN Statutes
Business Subsidy Act
2. Consider Architectural Review & Conditional Use Permit for a Bank Drive-Thru at 2640 Rice
Street; Applicant: Royal Credit Union
3. Ordinance 856, Consider Amending Chapter 900, Little Canada Zoning Code
CONSENT AGENDA
4. Approval of the Vouchers
5. Approve a Temporary Liquor License for St. John’s Church on November 21, 2021
6. Approve a Temporary Gambling Application for Exempt Permit for St. John’s Church on
November 21, 2021
7. Receive 3rd Quarter 2021 Financial Report
STAFF REPORTS
8. Gateway Signage Task Force
ADDITION
9. 2022 Ramsey County SCORE Grant Application
ADJOURN
STAFF REPORT
TO: Mayor Keis and Members of City Council
FROM: Chris Heineman, City Administrator
DATE: October 27, 2021
RE: Public Hearing for establishment of Tax Increment Financing District 7-3 and adoption
of a Tax Increment Financing Plan, including provision of a business subsidy pursuant
to MN Statutes, Sections 116J.993 to 116J.995 (Business Subsidy Act).
ACTION TO BE CONSIDERED:
The City Council is asked to conduct a public hearing to receive public input related to the proposed
establishment of Tax Increment Financing District 7-3 and adoption of a Tax Increment Financing Plan,
including provision of a business subsidy pursuant to MN Statutes, Sections 116J.993 to 116J.995
(Business Subsidy Act).
BACKGROUND:
The City of Little Canada received a request for assistance through Tax Increment Financing (TIF) to
assist with financing a portion of the extraordinary development costs related to the construction of a
new 74,500 square foot warehousing facility. Staff has been working with the developer for the past ten
months on a potential project for the site. Due to the poor soil conditions on this site, significant
subsurface improvements are required for a development of this nature to occur on this site.
The developer is proposing the acquisition of a vacant lot for growth and expansion of its existing
company operations. The proposed property for this project has been identified as an ideal location for
the company to locate and meet current demands, as well as allow for future anticipated growth plans,
subject to a feasible financing plan. The developer’s original construction budget for the project did not
account for the level of site development costs that are required for construction of the building on the
identified site. The increased costs related to site development and soils correction have resulted in
extraordinary costs that have been identified to be $1,023,000. The project, upon construction, is
expected to create at least 5 full time equivalent new jobs to the City of Little Canada with average
hourly wages of $30/hour plus benefits. The current projections would more than exceed the City’s
existing business subsidy policy provisions.
The City is considering the establishment of Tax Increment Financing (Economic Development) District
No. 7-3 within Development District No. 7 to facilitate development of the proposed project. A map
showing the boundaries of the proposed Tax Increment Financing District No. 7-3 is included in the TIF
Plan. The TIF Plan is adopted as the tax increment financing plan for the TIF District.
The Little Canada City Council is asked to make the following findings:
1. The proposed TIF District is an economic development district as defined in Minnesota Statutes,
Section 469.174, Subd. 12, the specific basis for such determination is set forth in Section J of
the TIF Plan.
2. The proposed development in the opinion of the City Council, would not occur solely through
private investment within the reasonably foreseeable future. The reasons for such determination
are set forth in Section J(2) of the TIF Plan.
3. In the opinion of the City Council, the increased market value of the site that could reasonably
be expected to occur without the use of tax increment financing would be less than the increase
in the market value estimated to result from the proposed development after subtracting the
present value of the projected tax increments for the maximum duration of the TIF District
permitted by the TIF Plan. The reasons supporting this finding are set forth in Section J(2) of the
TIF Plan.
4. The TIF Plan for the TIF District conforms to the general plan for development or redevelopment
of the City as a whole. The reasons for supporting this finding are set forth in Section J(4) of the
TIF Plan.
5. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a
whole, for the development or redevelopment of the Development District by private
enterprise. The reasons supporting this finding are set forth in Section J(3) of the TIF Plan.
6. Section J of the TIF Plan is incorporated herein by reference.
Terms of TIF Agreement:
• Developer is Atlas Real Estate Management
• Tenant is Dart Advantage Warehousing
• Developer agrees to build the Project substantially in the form of the approved final development
plan and estimated to cost $6,480,073
• Commence construction of the project in late 2021/early 2022 and complete by December 31,
2022
• Establishment of Economic Development TIF District
o Pledge 85% annual tax increment generated for reimbursement of TIF eligible costs
▪ Developer will receive up to $757,252 Pay-As-You-Go TIF Note at a 0% interest
rate
▪ City collection term of increment approximately 9 years with developer payments
over same 9 years
▪ First payment August 1, 2024 and final payment February 1, 2033
• City will issue Pay-As-You-Go TIF Note to the Developer
o Developer pays for upfront development costs
o TIF increment provided as reimbursement to Developer for TIF-eligible costs
▪ Site improvements include Subsoils, Grading, and Environmental Remediation
o Reimbursement to Developer of available increment on semi-annual basis
• Business Subsidy Act Requirements (Minnesota Statutes, Section 116J.993 through 116J.995):
o In accordance with the City’s business subsidy policy, Developer shall create 5 full time
equivalent jobs with an average hourly wage of $30 at the Property within two years upon
the issuance of a certificate of occupancy for the Minimum Improvement by the City.
o The Developer must maintain operations within the City for 5 years.
o Failure to comply with these requirements will trigger repayment of the business subsidy
received by the Developer in accordance with Minnesota Statutes, Section 116J.993
through 116J.995, as amended. Repayment will be pro-rated for partial satisfaction).
Multiple steps are required to allow for establishment of a tax increment financing district and granting
of a business subsidy, including notifications to the County and School District, publication of a public
hearing notice, and the holding of a public hearing. Notices have been sent to the County and School
Board (draft TIF Plan and fiscal and economic impacts) on September 27.
A public hearing notice for the TIF District creation was published in the Pioneer Press on Friday,
October 15. The public hearing is the time in which City Council would take any public comment.
RECOMMENDED ACTION:
Staff recommends that the City Council hold a public hearing on Wednesday, October 27 at 7:30 p.m.
relating to:
(i) Proposed establishment of Tax Increment Financing District No. 7-3 (economic development
district) within Development District No. 7, and the proposed adoption of a Tax Increment
Financing Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections
469.124 through 469.133 and Sections 469.174 through 469.1794, inclusive, as amended, and
(ii) Providing a business subsidy pursuant to Minnesota Statutes, Sections 116J.993 to 116J.995 (the
“Business Subsidy Act”).
Following the public hearing, staff recommends that the City Council consider the adoption of a
resolution approving the TIF District and TIF Project Area and granting of the business subsidy.
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY
OF LITTLE CANADA, MINNESOTA
HELD: OCTOBER 27, 2021
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Little Canada, Ramsey County, Minnesota, was duly called and held at the City
Hall, in said City on October 27, 2021, at 7:30 P.M.
The following members of the Council were present:
and the following were absent:
Member ___________________ introduced the following resolution and moved its
adoption:
RESOLUTION NO. _______________
RESOLUTION ESTABLISHING TAX INCREMENT FINANCING
(ECONOMIC DEVELOPMENT) DISTRICT NO. 7-3 WITHIN
DEVELOPMENT DISTRICT NO. 1 AND APPROVING THE TAX
INCREMENT FINANCING PLAN THEREFOR; AUTHORIZING AN
INTERFUND LOAN AND AUTHORIZING EXECUTION OF A
DEVELOPMENT AGREEMENT
A. WHEREAS, it has been proposed that the City of Little Canada, Minnesota (the
"City") (1) establish Tax Increment Financing (Economic Development) District No. 7-3 (the
"TIF District") within Development District No. 1 (the "Development District"); (2) approve and
adopt the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota
Statutes, Sections 469.174 to 469.1794, as amended (the "Act"); (3) authorize an Interfund Loan
(hereinafter defined); and (4) authorize the execution of a development agreement; and
B. WHEREAS, the City Council has investigated the facts and has caused to be
prepared a proposed tax increment financing plan for the TIF District therein (the "TIF Plan");
and
C. WHEREAS, the City has performed all actions required by law to be performed
prior to the approval of the establishment of the TIF District and the adoption of the TIF Plan,
including, but not limited to, notification of Ramsey County and Independent School District No.
623 having taxing jurisdiction over the property to be included in the TIF District and the
holding of a public hearing upon published and mailed notice as required by law.
WHEREAS, Atlas Real Estate Management Co., a Minnesota corporation, (the
"Developer") has requested the City to assist with the financing of certain costs incurred in
connection with the construction of a 74,500 square foot warehouse, storage and distribution
facility in the City by the Developer (the "Project"); and
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E. WHEREAS, the Developer and the City have determined to enter into a
Development Agreement providing for the City's tax increment financing assistance for the
Project (the "Development Agreement").
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Little
Canada follows:
1. Tax Increment Financing (Economic Development) District No. 7-3. There is
hereby established in the City within the Development District, the TIF District, an economic
development tax increment financing district, the initial boundaries of which are fixed and
determined as described in the TIF Plan.
2. Tax Increment Financing Plan. The TIF Plan is adopted as the tax increment
financing plan for the TIF District, and the City Council makes the following findings:
(a) The TIF District is an economic development district as defined in
Minnesota Statutes, Section 469.174, Subd. 12, the specific basis for such determination
is set forth in Section J of the TIF Plan.
(b) The proposed development in the opinion of the City Council, would not
occur solely through private investment within the reasonably foreseeable future. The
reasons for such determination are set forth in Section J(2) of the TIF Plan.
(c) In the opinion of the City Council, the increased market value of the site
that could reasonably be expected to occur without the use of tax increment financing
would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the
maximum duration of the TIF District permitted by the TIF Plan. The reasons supporting
this finding are set forth in Section J(2) of the TIF Plan.
(d) The TIF Plan for the TIF District conforms to the general plan for
development or redevelopment of the City as a whole. The reasons for supporting this
finding are set forth in Section J(4) of the TIF Plan.
(e) The TIF Plan will afford maximum opportunity, consistent with the sound
needs of the City as a whole, for the development or redevelopment of the Development
District by private enterprise. The reasons supporting this finding are set forth in Section
J(3) of the TIF Plan.
(f) Section J of the TIF Plan is incorporated herein by reference.
3. Public Purpose. The adoption of the TIF Plan for the TIF District within the
Development District conforms in all respects to the requirements of the Act and will help fulfill
a need to develop an area of the State which is already built up to provide employment
opportunities, to improve the tax base and to improve the general economy of the State and
thereby serves a public purpose.
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4. Certification. The Auditor of Ramsey County is requested to certify the original
net tax capacity of the TIF District as described in TIF Plan, and to certify in each year thereafter
the amount by which the original net tax capacity has increased or decreased in accordance with
the Act; and the City Administrator is authorized and directed to forthwith transmit this request
to the County Auditor in such form and content as the Auditor may specify, together with a list
of all properties within the TIF District for which building permits have been issued during the
18 months immediately preceding the adoption of this Resolution.
5. Filing. The City Administrator is further authorized and directed to file a copy of
the Modification and TIF Plan for the TIF District with the Commissioner of Revenue and the
Office of the State Auditor.
6. Interfund Loan. The City has determined that it may pay for certain costs (the
"Qualified Costs") identified in the TIF Plan which costs may be financed on a temporary basis
from the City's general fund or any other fund from which such advances may be legally made
(the "Fund"). Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the Fund in order to finance the Qualified Costs. The City intends
to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax
increments derived from the TIF District in accordance with the following terms (which terms
are referred to collectively as the "Interfund Loan"):
(a) The City shall repay to the Fund from which the Qualified Costs are
initially paid, the principal amount of $1,001,892 (or, if less, the amount actually paid
from such fund) together with interest at 4.00% per annum (which is not more than the
greater of (i) the rate specified under Minnesota Statutes, Section 270C.40, or (ii) the rate
specified under Minnesota Statutes, Section 549.09) from the date of the payment.
(b) Principal and interest on the Interfund Loan ("Payments") shall be paid
annually on each December 31 commencing with the date the tax increments from the
TIF District are available and not otherwise pledged to and including the earlier of (a) the
date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date
of last receipt of tax increment from the TIF District ("Payment Dates") which Payments
will be made in the amount and only to the extent of available tax increments. Payments
shall be applied first to accrued interest, and then to unpaid principal.
(c) Payments on the Interfund Loan are payable solely from the tax increment
generated in the preceding twelve (12) months with respect to the TIF District and
remitted to the City by Ramsey County, all in accordance with Minnesota Statutes,
Sections 469.174 to 469.1794, as amended. Payments on this Interfund Loan are
subordinate to any outstanding or future bonds, notes or contracts secured in whole or in
part with tax increment, and are on parity with any other outstanding or future interfund
loans secured in whole or in part with tax increments.
(d) The principal sum and all accrued interest payable under this Interfund
Loan are pre-payable in whole or in part at any time by the City without premium or
penalty. No partial prepayment shall affect the amount or timing of any other regular
payment otherwise required to be made under this Interfund Loan.
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(e) The Interfund Loan is evidence of an internal borrowing by the City in
accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation
payable solely from tax increment pledged to the payment hereof under this resolution.
The Interfund Loan and the interest hereon shall not be deemed to constitute a general
obligation of the State of Minnesota or any political subdivision thereof, including,
without limitation, the City. Neither the State of Minnesota, nor any political subdivision
thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other
costs incident hereto except out of tax increment, and neither the full faith and credit nor
the taxing power of the State of Minnesota or any political subdivision thereof is pledged
to the payment of the principal of or interest on the Interfund Loan or other costs incident
hereto. The City shall have no obligation to pay any principal amount of the Interfund
Loan or accrued interest thereon, which may remain unpaid after the termination of the
TIF District.
(f) The City may amend the terms of the Interfund Loan at any time by
resolution of the City Council, including a determination to forgive the outstanding
principal amount and accrued interest to the extent permissible under law.
7. Development Agreement.
(a) The Council hereby approves the Development Agreement in substantially
the form submitted, and the Mayor and the City Administrator are hereby authorized and
directed to execute the Development Agreement on behalf of the Council.
(b) The approval hereby given to the Development Agreement includes
approval of such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by the City officials authorized by this resolution to execute the
Development Agreement. The execution of the Development Agreement by the
appropriate officer or officers of the City shall be conclusive evidence of the approval of
the Development Agreement in accordance with the terms hereof.
The motion for adoption of the foregoing resolution was duly seconded by member
_________________ and, after full discussion thereof, and upon a vote being taken thereof, the
following voted in favor thereof:
and the following voted against same:
Adopted this 27th day of October, 2021.
________________________________
Mayor
Attest: ______________________________
City Administrator
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STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF LITTLE CANADA
I, the undersigned, being the duly qualified and acting City Administrator of the City of
Little Canada, Minnesota, DO HEREBY CERTIFY that I have compared the attached and
foregoing extract of minutes with the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of the City Council of said City,
duly called and held on the date therein indicated, insofar as such minutes relate to the
establishment of the Tax Increment Financing (Economic Development) District No. 7-3 in the
City, authorization of an interfund loan and authorizing execution of a development agreement.
WITNESS my hand as such City Administrator of the City Council of the City of Little
Canada, Minnesota this ____ day of October, 2021.
________________________________
City Administrator
Memo
To: Chris Heineman, City of Little Canada
From: Mikaela Huot, Director
Date: October 27, 2021
Subject: Financial Needs Analysis for proposed Owasso Warehouse Industrial Facility
Tax Increment Financing Economic Development (TIF) District No. 7-3
Background
The City of Little Canada received a request for financial assistance through Tax Increment Financing (TIF) to
assist with financing a portion of the extraordinary development costs related to the construction of a new
74,500 square foot warehousing facility. The developer is proposing the acquisition of a vacant lot in the City for
growth and expansion of its existing company operations. The proposed property for this project has been
identified as an ideal location for the company to locate and meet current demands, as well as allow for future
anticipated growth plans, subject to a feasible financing plan. The developer’s original construction budget for
the project did not account for the level of site development costs that are required for construction of the
building on the identified site. The increased costs related to site development and soils correction have
resulted in extraordinary costs that have been identified to be $1,023,000.
The project, upon construction, is expected to create at least 5 full time equivalent new jobs to the City of Little
Canada with average hourly wages of $30/hour plus benefits. The current projections would more than exceed
the City’s existing business subsidy policy provisions.
Baker Tilly has been retained by the City to review the application for financial assistance. The purpose of this
memorandum is to provide a summary of Baker Tilly’s review of the development project costs and sources of
funds, and operating pro forma as provided by the developer to assist the City with making a determination if
the project as proposed would be unlikely to proceed “but-for” the requested Tax Increment Financing (TIF)
assistance, and to determine the appropriate amount, if any, of public assistance. Prior to establishing a tax
increment financing district, there are findings that need to be made by the City that include: 1) determination
that the project qualifies as a TIF district and 2) determination that the project as proposed would not proceed
without public assistance (meeting the “but-for” test. When reviewing requests for financial assistance it is
important to understand how the level of financial assistance would impact the ability of the project to proceed
as proposed and maximize new value created on the current project site.
Developer Request for Assistance
As stated, the developer has identified approximately $1,023,000 as extraordinary costs of the project. Tax
increment financing is a tool that could assist to close the financial gap. The extraordinary site development
costs that cannot be supported solely by the project alone may justify the need for public financial assistance.
The assistance would allow the project to proceed as proposed and to provide appropriate funding sources for
financing of the extraordinary project costs. The developer has indicated in discussions with City staff that the
receipt of City financial assistance is necessary for the project to proceed based on current financing limitations.
The total development costs from the developer’s financial materials is illustrated in the table below. Additional
information regarding the proposed funding sources is anticipated to be provided in the near future.
Sources Amount Uses Amount
Debt (est. 75%) $4,860,055 Acquisition $380,824
Other/Soft/Due Diligence $141,500
Equity (est. 25%) $1,620,018 Construction $5,957,749
Total $6,480,073 Total $6,480,073
Tax increment financing has been identified as a tool that would be provided as pay-as-you-go, meaning as
reimbursement for eligible costs, and would not be an upfront funding source. The developer will use private
funding sources including equity and debt to finance initial project costs
Estimated Total TIF Eligible Costs
Estimated Project Costs Amount
Extra Subsoils $1,008,000
Extra Environmental $15,000
Total $1,023,000
Project Financing
There are generally two ways in which assistance can be provided for most projects, either upfront or on a pay-
as-you-go basis. With upfront financing, the City would finance a portion of the developer’s initial project costs
through the issuance of bonds or as an internal loan. Future tax increment would be collected by the City and
used to pay debt service on the bonds or repayment of the internal loan. With pay-as-you-go financing, the
developer would finance all project costs upfront and would be reimbursed over time for a portion of those costs
as revenues are available.
Pay-as-you-go-financing is generally more acceptable than upfront financing for the City because it shifts the
risk for repayment to the developer. If tax increment revenues are less than originally projected, the developer
receives less and therefore bears the risk of not being reimbursed the full amount of their financing. However,
in some cases pay as you go financing may not be financially feasible. With bonds, the City would still need to
make debt service payments and would have to use other sources to fill any shortfall of tax increment revenues.
With internal financing, the City reimburses the loan with future revenue collections and may risk not repaying
itself in full if tax increment revenues are not sufficient. The project financing as requested includes pay-as-you-
go for reimbursement of eligible costs.
Tax Increment Revenue Assumptions
We have been provided with a range of taxable value estimates for the project. The available TIF revenues
generated by the proposed project are based on certain assumptions relative to the project outlined below.
• Total existing value of $469,200
o Parcel ID: 062922210040
o Base value as of Jan. 1, 2021
o Original net tax capacity (ONTC) of $9,384
o Assuming classification as commercial-industrial
1.5% first $150,000 and 2% value above $150,000
• Estimated total market value upon completion
o $80 per square foot
o $6,429,200 total taxable value
• Incremental value based on difference between existing and new land/building value
• Construction commences in 2021 and is completed in 2022
o Project values 100% complete for assess 2023 and taxes payable 2024
• Net present value (discount) rate of 4%
• 3% annual market value inflation
Tax Increment Revenue Estimates
Tax Increment Revenue Estimates
Existing ‘Base’ Land Value $469,200
Estimated Total Taxable Value $6,429,200
Estimated annual available increment (full buildout year 1) $86,848
Total gross tax increment (9 years) $890,908
City retainage (15%) $133,636
Net amount available for development (85%) $757,272
Estimated Present Value Revenues (9 Years) at 4% $575,513
Developer Pro forma Analysis including But-For
Upon approval of a TIF district and project, the City must make several findings, including the “but for” test: that
the proposed development would not reasonably be expected to occur solely through private investment within
the reasonably foreseeable future. The developer has stated that but for the provision of tax increment
financing, the project as proposed would not occur. The developer has provided preliminary financial
information that includes total development costs and supporting due diligence materials that illustrate an
approximate $1,023,000 gap due to increased costs of the project relating to site development and other soils
correction costs. Ability to support the total project costs would be subject to financial feasibility and availability
of annual revenues to support repayment, as well as willingness of a lender to provide funding.
Based on the developer’s stated position relative to the need for tax increment financing assistance, the City
could make its “but for” finding and provide tax increment assistance. We recommend, however, that the City
review the provided assumptions to consider if the project meets the but-for test and, if so, what an appropriate
level and type of TIF assistance may be based on the information submitted by the developer. Following
thorough evaluation of the project as provided allows the City to be prepared to make an informed “but-for”
decision based on the likelihood of the project needing assistance, as well as the appropriate level of
assistance. As stated previously, the developer’s request for financial assistance of $1,023,000 is more than
the projected available tax increment revenues generated by the project. As a result, any level of financial
assistance provided would be less than what has been requested. In addition, the City may have additional
public improvements that may be required as related to development of the proposed project site.
To complete the but-for analysis, we will review the developer’s provided sources and uses of funds and
operating proforma, showing a result if the developer received the assistance as pay-as-you-go (reimbursement
for TIF eligible costs) and showing a result if the developer did not receive assistance. Our analysis of the
proformas included a review of the development budget, projected operating revenues and expenditures, and
the project’s capacity to support annual debt service payments. The purpose of evaluating the operating
proformas is to understand the potential cash flow performance and projected rates of return of the project over
a 10-year period to assist with making the determination that 1) tax increment assistance is necessary and 2)
an appropriate level of assistance will be provided.
An additional measure of project need and financial feasibility is the Debt Coverage Ratio (DCR), which is a
calculation detailing the ratio by which operating income exceeds the debt-service payments for the project. If
the DCR is greater than 1.0 it indicates the project has operating income that is greater than the debt-service
payment by some margin; conversely if the DCR is less than 1.0 it indicates the project is incapable of meeting
its debt-service payment and would need to seek additional revenue sources in order to pay its debt. Typical
lending standards will require a DCR of greater than 1.0 as a measure of cushion in the event actual revenues
and expenses are different than projected.
The amount of financing available for the project is typically based on net operating income, which is lease
revenues less operating expenses. The annual cash flow is based on assumptions relative to lease revenues,
operating expenses and debt repayment. Debt repayment is based on payments to be made to the lender with
remaining cash flow available as returns to the equity investor(s).
Conclusion
The developer has requested financial assistance related to construction of the new project and location of the
business in the City of Little Canada. Due to estimated costs for site improvements and other soils correction
development costs, the project is expected to experience an estimated $1,023,000 cost overrun prior to
construction commencing.
Tax increment financing is a tool that can assist with covering a portion of the extraordinary TIF-eligible costs
associated with the project. The level of financial assistance the developer has requested is less than what is
expected to be available. Additional financial analysis of the project is expected to occur to determine a
reasonable level of public assistance, while balancing any public improvement costs of the City. Since terms of
the assistance include pay-as-you-go as reimbursement for certain costs, the developer will be responsible for
obtaining all upfront funding sources and using cash flow from the project and any tax increment revenues to
repay obligations. Total gross estimated tax increment revenues that could be available for this project are
estimated to be approximately $890,908, less any amounts retained by the City for administrative or other
eligible in-district or pooling expenses. Aligning the level of assistance to the availability of projected revenues
provides a method of closing a portion of the financial gap and allows the public participation for the project to
remain at a reasonable level, while still providing a means for allowing the project to proceed as proposed.
Thank you for the opportunity to be of assistance to the City of Little Canada. Please contact me at
651.368.2533 or Mikaela.huot@bakertily.com with any questions or comments.
Definition of Economic Development Tax Increment Financing District
Economic development district means a type of tax increment financing district which consists of any project, or
portions of a project, which the authority finds to be in the public interest because:
1. it will discourage commerce, industry, or manufacturing from moving their operations to another
state or municipality;
2. it will result in increased employment in the state;
3. it will result in preservation and enhancement of the tax base of the state; or
4. it satisfies the requirements of a workforce housing project under section 469.176, subdivision 4c,
paragraph (d).
MN Statutes 469.176, Subd. 4c.
Revenue derived from tax increment from an economic development district may not be used to provide
improvements, loans, subsidies, grants, interest rate subsidies, or assistance in any form to developments
consisting of buildings and ancillary facilities, if more than 15 percent of the buildings and facilities (determined
on the basis of square footage) are used for a purpose other than:
1. the manufacturing or production of tangible personal property, including processing resulting in
the change in condition of the property;
2. warehousing, storage, and distribution of tangible personal property, excluding retail sales;
3. research and development related to the activities listed in clause (1) or (2);
4. telemarketing if that activity is the exclusive use of the property;
5. tourism facilities;
6. space necessary for and related to the activities listed in clauses (1) to (5); or
7. a workforce housing project that satisfies the requirements listed below.
A project qualifies as a workforce housing project under this subdivision if:
(1) increments from the district are used exclusively to assist in the acquisition of property; construction of
improvements; and provision of loans or subsidies, grants, interest rate subsidies, public infrastructure, and
related financing costs for rental housing developments in the municipality;
(2) the governing body of the municipality made the findings for the project required by section 469.175,
subdivision 3, paragraph (f); and
(3) the governing bodies of the county and the school district, following receipt, review, and discussion of
the materials required by section 469.175, subdivision 2, for the tax increment financing district, have each
approved the tax increment financing plan, by resolution.
The maximum term of an economic development district is eight years after receipt of first increment for a total
collection term of 9 years.
Projected Tax Increment Report
City of Little Canada, Minnesota
Tax Increment Financing (Economic Development) District
Owassa Warehouse based on $80 per SF value
Preliminary Revenue Projections: 74,500 SF Warehouse Facility
Less:Less:Retained Times:Less:Less:P.V.
Annual Total Total Original Fiscal Captured Tax Annual State Aud.Subtotal Admin.Annual Annual Estimated
Period Market Net Tax Net Tax Disp. @ Net Tax Capacity Gross Tax Deduction Net Tax Retainage Net Net Rev. To Annual
Ending Value (1)Capacity (2)Capacity (3)34.2585%Capacity Rate (4)Increment 0.360%Increment 15.00%Revenue 02/01/22 Property
(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)4.00%Taxes
12/31/22 469,200 9,384 9,384 0 0 111.931%0 0 0 0 0 0
12/31/23 469,200 9,384 9,384 0 0 111.931%0 0 0 0 0 0
12/31/24 6,429,200 127,834 9,384 40,579 77,871 111.931%87,162 314 86,848 13,027 73,821 65,841 211,463
12/31/25 6,622,076 131,692 9,384 41,901 80,407 111.931%90,000 324 89,676 13,451 76,225 65,371 217,859
12/31/26 6,820,738 135,665 9,384 43,262 83,019 111.931%92,924 335 92,589 13,888 78,701 64,898 224,446
12/31/27 7,025,360 139,757 9,384 44,664 85,709 111.931%95,935 345 95,590 14,339 81,251 64,424 231,231
12/31/28 7,236,121 143,972 9,384 46,108 88,480 111.931%99,037 357 98,680 14,802 83,878 63,949 238,220
12/31/29 7,453,205 148,314 9,384 47,595 91,335 111.931%102,232 368 101,864 15,280 86,584 63,473 245,418
12/31/30 7,676,801 152,786 9,384 49,127 94,275 111.931%105,523 380 105,143 15,771 89,372 62,997 252,832
12/31/31 7,907,105 157,392 9,384 50,705 97,303 111.931%108,912 392 108,520 16,278 92,242 62,519 260,469
12/31/32 8,144,318 162,136 9,384 52,331 100,422 111.931%112,403 405 111,998 16,800 95,198 62,041 268,334
$894,128 $3,220 $890,908 $133,636 $757,272 $575,513 $2,150,272
(1) Total estimated market value based on $80/SF
preliminary and subject to further review. Includes 3% annual market value inflator
(2) Total net tax capacity based on commercial-industrial class rate of 1.5% first $150,000 value and 2% value above $150,000
(3) Original net tax capacity based on 2020/2021 existing property value
(4) Total local combined tax rate available for taxes payable 2021
Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting
firm. Baker Tilly US, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of
which are separate and independent legal entities.
Tax Increment Financing Plan
for
Tax Increment Financing (Economic
Development) District No. 7-3
within
Development District No. 7
(Owasso Warehousing Project)
City of Little Canada, Minnesota
Prepared by
Baker Tilly Municipal Advisors, LLC
Draft Dated: October 27, 2021
Anticipated Public Hearing: October 27, 2021
Anticipated Approval by City Council: October 27, 2021
TABLE OF CONTENTS
Section Page(s)
A. Definitions ................................................................................................................................... 1
B. Statutory Authorization ............................................................................................................... 1
C. Statement of Need and Public Purpose ..................................................................................... 2
D. Statement of Objectives ............................................................................................................. 2
E. Designation of Tax Increment Financing District as an
Economic Development District ............................................................................................... 2
F. Duration of the TIF District ......................................................................................................... 3
G. Property to be Included in the TIF District .................................................................................. 3
H. Property to be Acquired in the TIF District ................................................................................. 3
I. Specific Development Expected to Occur Within the TIF District .............................................. 3
J. Findings and Need for Tax Increment Financing ....................................................................... 3
K. Estimated Public Costs .............................................................................................................. 5
L. Estimated Sources of Revenue .................................................................................................. 5
M. Estimated Amount of Bonded Indebtedness .............................................................................. 6
N. Original Net Tax Capacity .......................................................................................................... 6
O. Original Tax Capacity Rate ........................................................................................................ 7
P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ......................... 7
Q. Use of Tax Increment ................................................................................................................. 8
R. Excess Tax Increment ................................................................................................................ 9
S. Tax Increment Pooling and the Five-Year Rule ......................................................................... 9
T. Limitation on Administrative Expenses ...................................................................................... 10
U. Limitation on Property Not Subject to Improvements - Four Year Rule ..................................... 10
V. Estimated Impact on Other Taxing Jurisdictions ........................................................................ 10
W. Prior Planned Improvements ...................................................................................................... 11
X. Development Agreements .......................................................................................................... 11
Y. Assessment Agreements ........................................................................................................... 11
Z. Modifications of the Tax Increment Financing Plan ................................................................... 12
AA. Administration of the Tax Increment Financing Plan ................................................................. 12
AB. Financial Reporting and Disclosure Requirements .................................................................... 13
Map of the Tax Increment Financing District ........................................................................ EXHIBIT I
Assumptions Report .............................................................................................................. EXHIBIT II
Projected Tax Increment Report ........................................................................................... EXHIBIT III
Estimated Impact on Other Taxing Jurisdictions Report ....................................................... EXHIBIT IV
Market Value Analysis Report ............................................................................................... EXHIBIT V
City of Little Canada, Minnesota
Baker Tilly Municipal Advisors, LLC Page 1
SECTION I – MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO. 7
Foreword
The following text represents a Modification to the Development Program for Development
District No. 7. This modification represents a continuation of the goals and objectives set forth
in the Development Program for Development District No. 7. The changes include the
establishment of Tax Increment Financing (Economic Development) District No. 7-3.
For further information, a review of the Development Program for Development District No. 7 is
recommended. It is available from the City Administrator at the City of Little Canada. Other
relevant information is contained in the Tax Increment Financing Plans for the Tax Increment
Financing Districts located within Development District No. 7-3.
SECTION II – ESTABLISHMENT OF THE TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 7-3
Section A Definitions
The terms defined in this section have the meanings given herein, unless the context in which they are
used indicates a different meaning:
"City" means the City of Little Canada, Minnesota; also referred to as a "Municipality".
"City Council" means the City Council of the City.
"County" means Ramsey County, Minnesota.
"Developer" means Atlas Real Estate Management.
“Development District" means Development District No. 7 in the City, which is described in the
corresponding Development Program.
"Development Program" means the Development Program for the Development District.
"Project Area" means the geographic area of the Development District.
"School District" means Independent School District No. 623, Minnesota.
"State" means the State of Minnesota.
"TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive.
"TIF District" means Tax Increment Financing (Economic Development) District No. 7-3.
"TIF Plan" means the tax increment financing plan for the TIF District (this document).
Section B Statutory Authorization
See the Development Program for the Development District.
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Section C Statement of Need and Public Purpose
See the Development Program for the Development District.
Section D Statement of Objectives
See the Development Program for the Development District.
Section E Designation of Tax Increment Financing District as an
Economic Development District
Economic development districts are a type of tax increment financing district which consist of any project,
or portions of a project, which the City finds to be in the public interest because:
(1) it will discourage commerce, industry, or manufacturing from moving their
operations to another state or municipality;
(2) it will result in increased employment in the state; or
(3) it will result in preservation and enhancement of the tax base of the state.
The TIF District qualifies as an economic development district in that the proposed development
described in this TIF Plan (see Section I) meets the criteria listed above in (2) and (3). Without
establishment of the TIF District, the proposed development would not occur within the City. The
proposed development will also result in increased employment and enhancement of the tax base in both
the City and the State.
Tax increments from an economic development district must be used to provide improvements, loans,
subsidies, grants, interest rate subsidies, or other assistance in which at least 85% of the square footage
of the facilities to be constructed are used for any of the following purposes:
(1) manufacturing, production, or processing of tangible personal property;
(2) warehousing, storage and distribution of tangible personal property, excluding retail
sales;
(3) research and development related to the activities listed in (1) or (2) above;
(4) telemarketing if that activity is the exclusive use of the property;
(5) tourism facilities (see M.S. Section 469.174, Subd. 22);
(6) space necessary for and related to the activities listed in (1) through (5) above;
(7) a workforce housing project that satisfies the requirements of paragraph (d).
Tax increments from the TIF District will be used to provide financial assistance to the proposed
development (see Section I), in which over 85% of the square footage of the facilities to be constructed
will be used for warehousing, storage and distribution of tangible property, excluding retail sales, or other
purposes as listed in (1) through (7) above.
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Baker Tilly Municipal Advisors, LLC Page 3
Section F Duration of the TIF District
Economic development districts may remain in existence 8 years from the date of receipt by the City of
the first tax increment. The City anticipates that the TIF District will remain in existence the maximum
duration allowed by law (projected to be through the year 2032, due to anticipated receipt of first
increment in 2024). Modifications of this plan (see Section Z) shall not extend these limitations.
Section G Property to be Included in the TIF District
The TIF District is an area of land comprising of the parcel listed below that is located within the Project
Area. A map showing the boundaries of the TIF District is shown in Exhibit I.
Parcel ID Number Legal Description
062922210040 SECTION 6 TOWN 29 RANGE 22
EX N 390 FT; PART OF S 1/2 OF NE 1/4 OF NW 1/4 LYING ELY OF STP
WW R/W & WLY OF C/L OF SPRUCE ST RD ESMT (SUBJ TO RD &
ESMTS) IN SEC 6 TN 29 RN 22
The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon
or adjacent to the property described above.
Section H Property to be Acquired in the TIF District
The City may acquire and sell any or all of the property located within the TIF District. The City will not be
acquiring nor selling any property at this time.
Section I Specific Development Expected to Occur Within the TIF District
The proposed project is anticipated to consist of the construction of an approximate 74,500 square foot
light industrial warehousing distribution facility by Atlas Real Estate Management (the “Developer”). The
square footage of the completed building will comply with the requirements of an economic development
district with at least 85% being used for a qualifying purpose and less than 15% will be office space.
It is anticipated that the City will use the tax increment revenues from the project to finance a portion of
the extraordinary soils, environmental and site improvement/development costs that are necessary for
this project to proceed. In addition, the city may use tax increment for related administrative expenses,
and any other eligible expenditures associated with development of the site that may include additional
necessary public improvements.
Construction of the project is expected to commence in early 2022. The facility is expected to be 100%
assessed and on the tax rolls as of January 2, 2023 for taxes payable 2024.
At the time this document was prepared there were no signed construction contracts with regards to the
above described development.
Section J Findings and Need for Tax Increment Financing
In establishing the TIF District, the City makes the following findings:
(1) The TIF District qualifies as an economic development district;
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Baker Tilly Municipal Advisors, LLC Page 4
See Section E of this document for the reasons and facts supporting this finding.
(2) The proposed development, in the opinion of the City, would not reasonably be expected
to occur solely through private investment within the reasonably foreseeable future and
the increased market value of the site that could reasonably be expected to occur without
the use of tax increment financing would be less than the increase in the market value
estimated to result from the proposed development after subtracting the present value of
the projected tax increments for the maximum duration of the district permitted by the TIF
Plan.
Factual basis:
Proposed development not expected to occur:
The proposed development consists of the construction of approximately 74,500 square feet of
warehousing/distribution space. The Developer has requested financial assistance to write down a
portion of the soils, environmental and site improvement/development costs associated with
development of the site. The Developer has provided supplemental financial information
demonstrating that the development of this site would not occur without the assistance provided in
this TIF Plan.
Therefore, the City has determined that the proposed development would not occur but for the
financial assistance provided in this TIF Plan because of the increased costs related to development
within the TIF District. The condition of the property requires expenditures related to poor soils and
other environmental issues, as well as other related site development costs which currently do not
allow for development on the property.
No higher market value expected:
The land located within TIF District No. 7-3 requires significant site improvements including soils
remediation, environmental and other related improvements. To commence construction of the new
facility, assistance with financing a portion of those costs will be necessary. The financial assistance
provided under this TIF Plan will help offset the costs of these improvements. Given the nature of
this property, there is no reasonable expectation of any development occurring that would generate
as much market value increase as is estimated to be generated by the proposed development by the
new business. Therefore, the City has concluded that substantial development at this particular
site--and hence any significant increase in market value--is not reasonably expected to occur
unless the City provides tax increment assistance as described in this Tax Increment Plan.
To summarize the basis for the City’s findings regarding alternative market value, in accordance with
Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations:
a. The City's estimate of the amount by which the market value of the site will increase
without the use of tax increment financing is $0 (for the reasons described above), except
some unknown amount of appreciation.
b. If the proposed development to be assisted with tax increment occurs in the District,
the total increase in market value would be approximately $8,618,862, including the value of
the building (See Exhibit V).
c. The present value of tax increments from the District for the maximum duration of
the district permitted by the TIF Plan is estimated to be $771,751 (See Exhibit V).
City of Little Canada, Minnesota
Baker Tilly Municipal Advisors, LLC Page 5
d. Even if some development other than the proposed development were to occur, the
Council finds that no alternative would occur that would produce a market value increase
greater than $7,847,111 (the amount in clause b less the amount in clause c) without tax
increment assistance.
(3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the
City as a whole, for development of the Project Area by private enterprise.
Factual basis: The proposed development is the construction of manufacturing/warehousing space
in the Project Area that is expected to create new jobs in the City and State, plus create new tax
base for the City and the state. The development meets the City's economic development goals in
terms of land use, job retention, and wage levels.
(4) The TIF Plan conforms to general plans for development of the City as a whole.
Factual basis: The City Council has determined that the development proposed in the TIF Plan
conforms to the City comprehensive plan.
(5) The City is required to elect the method of tax increment computation set forth in
Minnesota Statutes, Section 469.177, Subdivision 3(b) (see Section P).
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement
from tax increments of the TIF District.
Estimated Public Costs Estimated Amount
Land/Building acquisition
Site Improvements/Preparation costs $851,609
Utilities
Other public improvements $130,283
Construction of affordable housing
Administrative expenses $20,000
Total Estimated Public Costs $1,001,892
Interest expenses $0
Total Costs $1,001,892
The City reserves the right to administratively adjust the amount of any of the items listed above or to
incorporate additional eligible items, so long as the total estimated public costs ($1,001,892) do not
increase. The City also reserves the right to fund any of the identified costs with any other legally
available revenues, such as grants and/or loans, but anticipates that such costs will be primarily financed
with tax increments.
Section L Estimated Sources of Revenue
Estimated Sources of Revenue Estimated Amount
Tax Increment revenue $1,001,892
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Baker Tilly Municipal Advisors, LLC Page 6
Interest on invested funds
Total $1,001,892
The City anticipates providing financial assistance to the proposed development through pay-as-you-go
financing in which the City will provide funding to the Developer to offset a portion of the project costs and
collect annual increments to repay the note. As tax increments are collected from the TIF District in future
years, a portion will be retained by the City and the remaining funds will be provided as reimbursement for
certain identified costs as necessary within the TIF District to assist with financing the public costs
incurred (see Section K).
The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go
assistance, internal funding, general obligation or revenue debt, or any other financing mechanism
authorized by law. The City also reserves the right to use other sources of revenue legally applicable to
the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues,
federal or state funds, and investment income. The projected tax increment report is included as Exhibit
III.
Section M Estimated Amount of Bonded Indebtedness
The maximum principal amount of bonds (as defined in the TIF Act) secured in whole or part with tax
increment from the TIF District is $1,001,892. The City currently plans to finance the improvement costs
through pay-as-you-go financing. The City reserves the right to issue an interfund loan or issue bonds in
any form, including without limitation any interfund loan with interest not to exceed the maximum
permitted under Section 469.178, subd. 7 of the TIF Act.
Section N Original Net Tax Capacity
The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to
the total net tax capacity of all property in the TIF District as certified by the State Commissioner of
Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the
previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is
based on the current assessment year.
The Estimated Market Value of all property within the TIF District as of January 2, 2021, for taxes payable
in 2022, is $469,200. Upon establishment of the TIF District, it is estimated that the original net tax
capacity of the TIF District will be $9,384, upon classification as commercial-industrial.
Each year the County Auditor shall certify the amount that the original net tax capacity has increased or
decreased as a result of:
(1) changes in the tax-exempt status of property;
(2) reductions or enlargements of the geographic area of the TIF District;
(3) changes due to stipulation agreements or abatements; or
(4) changes in property classification rates.
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Baker Tilly Municipal Advisors, LLC Page 7
Section O Original Tax Capacity Rate
The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the
sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes
payable year as the original net tax capacity.
In future years, the amount of tax increment generated by the TIF District will be calculated using the
lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the
TIF District.
It is anticipated the request for certification of the District will occur after June 30, 2021 and the local tax
rates for taxes levied in 2021 and payable in 2022 will apply. The payable 2022 rates are not available at
the time of drafting of the TIF Plan. For purposes of estimating the tax increment generated by the TIF
District, the sum of the local tax rates for taxes levied in 2020 and payable in 2021 of 111.931% have
been used and are shown below:
2020/2021
Taxing Jurisdiction Local Tax Rate
City of Little Canada 23.983%
Ramsey County 47.760
ISD 623 31.250%
Other 8.938%
Total 111.931%
Section P Projected Retained Captured Net Tax Capacity and
Projected Tax Increment
The City anticipates that the building construction will be 100% completed by December 31, 2022
creating a total tax capacity for TIF District No. 7-3 of $142,734 as of January 2, 2023. The captured tax
capacity as of that date is estimated to be $87,666 and the first full year of tax increment is estimated to
be $98,126 payable in 2024. A complete schedule of estimated tax increment from the TIF District is
shown in Exhibit III.
The estimates shown in this TIF Plan assume that commercial class rates remain at 1.50% of the
estimated market value up to $150,000 and 2.0% of the estimated market value over $150,000; and
assume 3% annual increase in market values.
Each year the County Auditor shall determine the current net tax capacity of all property in the TIF
District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as
the captured net tax capacity of the TIF District.
For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and
Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of
fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the
application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District
(since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method
the Authority elects shall remain the same for the life of the TIF District, except that a single change may
be made at any time from method (a) to method (b) above. The City elects method (b), or M.S. Section
469.177, Subdivision 3(b).
City of Little Canada, Minnesota
Baker Tilly Municipal Advisors, LLC Page 8
The County Auditor shall certify to the City the amount of captured net tax capacity each year. The EDA
may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net
tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of
the TIF District.
Exhibit II gives a listing of the various information and assumptions used in preparing a number of the
exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment
generated over the anticipated life of the TIF District.
Section Q Use of Tax Increment
Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF
District and pay such amount to the State's General Fund. Such amounts will be appropriated to the
State Auditor for the cost of financial reporting and auditing of tax increment financing information
throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of
the TIF District.
The City has determined that it will use 100% of the remaining tax increment generated by the TIF District
for any of the following purposes:
(1) pay for the estimated public costs of the TIF District (see Section K) and County
administrative costs associated with the TIF District (see Section T);
(2) pay principal and interest on tax increment bonds or other bonds issued to finance the
estimated public costs of the TIF District;
(3) accumulate a reserve securing the payment of tax increment bonds or other bonds
issued to finance the estimated public costs of the TIF District;
(4) pay all or a portion of the county road costs as may be required by the County Board
under M.S. Section 469.175, Subdivision 1a; or
(5) return excess tax increments to the County Auditor for redistribution to the City, County
and School District.
Tax increments from property located in one county must be expended for the direct and primary benefit
of a project located within that county, unless both county boards involved waive this requirement. Tax
increments shall not be used to circumvent levy limitations applicable to the City.
Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or
maintenance of a building to be used primarily and regularly for conducting the business of a municipality,
county, school district, or any other local unit of government or the State or federal government, or for a
commons area used as a public park, or a facility used for social, recreational, or conference purposes.
This prohibition does not apply to the construction or renovation of a parking structure or of a privately-
owned facility for conference purposes.
If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of
assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such
payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance
includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other
leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other
similar assistance that would otherwise be paid for by the developer or beneficiary.
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Baker Tilly Municipal Advisors, LLC Page 9
Section R Excess Tax Increment
In any year in which the tax increments from the TIF District exceed the amount necessary to pay the
estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to:
(1) prepay any outstanding tax increment bonds;
(2) discharge the pledge of tax increments thereof;
(3) pay amounts into an escrow account dedicated to the payment of the tax increment
bonds; or
(4) return excess tax increments to the County Auditor for redistribution to the City, County
and School District. The County Auditor must report to the Commissioner of Education
the amount of any excess tax increment redistributed to the School District within 30 days
of such redistribution.
Section S Tax Increment Pooling and the Five-Year Rule
At least 80% of the tax increments from the TIF District must be expended on activities within the district
or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for
additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the
TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced
bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax
increments are considered to have been spent within the TIF District if such amounts are:
(1) actually paid to a third party for activities performed within the TIF District within five
years after certification of the district;
(2) used to pay bonds that were issued and sold to a third party, the proceeds of which are
reasonably expected on the date of issuance to be spent within the later of the five-year
period or a reasonable temporary period or are deposited in a reasonably required
reserve or replacement fund.
(3) used to make payments or reimbursements to a third party under binding contracts for
activities performed within the TIF District, which were entered into within five years after
certification of the district; or
(4) used to reimburse a party for payment of eligible costs (including interest) incurred within
five years from certification of the district.
Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments
must be used to pay outstanding bonds or make contractual payments obligated within the first five years.
When outstanding bonds have been defeased and sufficient money has been set aside to pay for such
contractual obligations, the TIF District must be decertified.
The City anticipates that a portion of the tax increments generated by the project may be spent outside of
the TIF District (including allowable administrative expenses); and reserves the right to allow for tax
increment pooling from the TIF District in the future.
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Section T Limitation on Administrative Expenses
Administrative expenses are defined as all costs of the City other than:
(1) amounts paid for the purchase of land;
(2) amounts paid for materials and services, including architectural and engineering services
directly connected with the physical development of the real property in the project;
(3) relocation benefits paid to, or services provided for, persons residing or businesses
located in the project;
(4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount
bonds issued pursuant to section 469.178; or
(5) amounts used to pay other financial obligations to the extent those obligations were used
to finance costs described in clause (1) to (3).
Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants,
planning or economic development consultants, and actual costs incurred by the County in administering
the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the
lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total
tax increments received by the TIF District.
Section U Limitation on Property Not Subject to Improvements - Four Year Rule
If after four years from certification of the TIF District no demolition, rehabilitation, renovation of property
or other site preparation, including qualified improvement of an adjacent street, has commenced on a
parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the
original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to
construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding
of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence
that the required activity has taken place for each parcel in the TIF District.
If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences
any of the above activities, the City shall certify to the County Auditor that such activity has commenced
and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax
capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount
to the original net tax capacity of the TIF District.
Section V Estimated Impact on Other Taxing Jurisdictions
Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained
captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions.
The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the
TIF District, since the proposed development would not have occurred without the establishment of the
TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will
occur when the TIF District is decertified and the development therein becomes part of the general tax
base.
The fiscal and economic implications of the proposed tax increment financing district, as pursuant to
Minnesota Statutes, Section 469.175, Subdivision 2, are listed below.
City of Little Canada, Minnesota
Baker Tilly Municipal Advisors, LLC Page 11
1. The total amount of tax increment that will be generated over the life of the district is estimated to
be $1,005,514.
2. To the extent the facility in the proposed TIF District generates any public cost impacts on city-
provided services such as police and fire protection, public infrastructure, and borrowing costs
attributable to the district, such costs will be levied upon the taxable net tax capacity of the City,
excluding that portion captured by the District. The City does not anticipate issuing tax increment
revenue bonds in conjunction with this project but reserves the right to issue bonds as necessary
to facilitate development. The City anticipates financing a portion of the extraordinary costs of the
project through the use of pay-as-you-go financing as reimbursement for the identified costs.
3. The amount of tax increments over the life of the district that would be attributable to school
district levies, assuming the school district’s share of the total local tax rate for all taxing
jurisdictions remained the same, is estimated to be $280,729.
4. The amount of tax increments over the life of the district that would be attributable to county
levies, assuming the county’s share of the total local tax rate for all taxing jurisdictions remained
the same is estimated to be $429,044.
5. No additional information has been requested by the county or school district that would enable it
to determine additional costs that will accrue to it due to the development proposed for the
district.
Section W Prior Planned Improvements
The City shall accompany its request for certification to the County Auditor (or notice of district
enlargement), with a listing of all properties within the TIF District for which building permits have been
issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall
increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for
which a building permit was issued.
There have been no building permits issued in the last 18 months in conjunction with any of the properties
within the TIF District.
Section X Development Agreements
If within a project containing an economic development district, more than 10% of the acreage of the
property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax
increment from the property is pledged), then prior to such acquisition, the City must enter into an
agreement for the development of the property. Such agreement must provide recourse for the City
should the development not be completed.
The City anticipates entering into an agreement with the Developer relating to the project but does not
anticipate acquiring any property located within the TIF District.
Section Y Assessment Agreements
The City may, upon entering into a development agreement, also enter into an assessment agreement
with the developer, which establishes a minimum market value of the land and improvements for each
year during the life of the TIF District.
City of Little Canada, Minnesota
Baker Tilly Municipal Advisors, LLC Page 12
The assessment agreement shall be presented to the County or City Assessor who shall review the plans
and specifications for the improvements to be constructed, review the market value previously assigned
to the land, and so long as the minimum market value contained in the assessment agreement appears to
be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment
agreement shall be filed for record in the office of the County Recorder of each county where the property
is located. Any modification or premature termination of this agreement must first be approved by the
City, County and School District.
The City may consider entering into an assessment agreement.
Section Z Modifications of the Tax Increment Financing Plan
Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in
the amount of bonded indebtedness to be incurred; determination to capitalize interest on the debt if it
was not part of original plan; increase in that portion of the captured net tax capacity to be retained by the
City; increase in the total estimated public costs; or designation of additional property to be acquired by
the City shall be approved only after satisfying all the necessary requirements for approval of the original
TIF Plan. This paragraph does not apply if:
(1) the only modification is elimination of parcels from the TIF District; and
(2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax
capacity of those parcels in the TIF District's original net tax capacity, or the City agrees
that the TIF District's original net tax capacity will be reduced by no more than the current
net tax capacity of the parcels eliminated.
The City must notify the County Auditor of any modification that reduces or enlarges the geographic area
of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five
years following the date of certification.
Section AA Administration of the Tax Increment Financing Plan
Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of
Revenue. The City shall also request that the County Auditor certify the original net tax capacity and net
tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit
copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing
of any prior planned improvements. The City shall also send the County Assessor any assessment
agreement establishing the minimum market value of land and improvements in the TIF District and shall
request that the County Assessor review and certify this assessment agreement as reasonable.
The County shall distribute to the City the amount of tax increment as it becomes available. The amount
of tax increment in any year represents the applicable property taxes generated by the retained captured
net tax capacity of the TIF District. The amount of tax increment may change due to development
anticipated by the TIF Plan, other development, inflation of property values, or changes in property
classification rates or formulas. In administering and implementing the TIF Plan, the following actions
should occur on an annual basis:
(1) prior to July 1, the City shall notify the County Assessor of any new development that has
occurred in the TIF District during the past year to ensure that the new value will be
recorded in a timely manner.
City of Little Canada, Minnesota
Baker Tilly Municipal Advisors, LLC Page 13
(2) if the County Auditor receives the request for certification of a new TIF District, or for
modification of an existing TIF District, before July 1, the request shall be recognized in
determining local tax rates for the current and subsequent levy years. Requests received
on or after July 1 shall be used to determine local tax rates in subsequent years.
(3) each year the County Auditor shall certify the amount of the original net tax capacity of
the TIF District. The amount certified shall reflect any changes that occur as a result of
the following:
(a) the value of property that changes from tax-exempt to taxable shall be added to
the original net tax capacity of the TIF District. The reverse shall also apply;
(b) the original net tax capacity may be modified by any approved enlargement or
reduction of the TIF District;
(c) if laws governing the classification of real property cause changes to the
percentage of estimated market value to be applied for property tax purposes,
then the resulting increase or decrease in net tax capacity shall be applied
proportionately to the original net tax capacity and the retained captured net tax
capacity of the TIF District.
The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF
District.
Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements
The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of
Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision
4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes,
Section 469.175, subdivisions 5 and 6.
Exhibit I
Map of
Tax Increment Financing (Economic Development) District No. 7-3
Within Development District No. 7
Exhibit II
Assumptions Report
City of Little Canada, Minnesota
Tax Increment Financing (Economic Development) District No. 7-3
Owassa Warehouse based on $90 per SF value
Draft TIF Plan Exhibits based on 74,500 SF industiral facility
Type of Tax Increment Financing District Economic Development
Maximum Duration of TIF District 8 years from 1st increment
Assume 1st Increment is 2024
Projected Certification Request Date 06/30/22
Decertification Date 12/31/32 (9 Years of Increment)
2022/2023
Base Estimated Market Value* 469,200
Parcel ID: 062922210040
* Values provided by Ramsey County website
Original Net Tax Capacity 9,384
Assessment/Collection Year
2022/2023 2023/2024 2024/2025 2025/2026
Base Estimated Market Value $469,200 $469,200 $469,200 $469,200
Estimated Increase in Value - New Construction 0 6,705,000 6,920,226 7,141,909
Total Estimated Market Value 469,200 7,174,200 7,389,426 7,611,109
Total Net Tax Capacity $9,384 $142,734 $147,039 $151,472
Payable 2021
City of Little Canada 23.983%
Ramsey County 47.760%
ISD #623 31.250%
Other (5336) 8.938%
Local Tax Capacity Rate 111.9310% 0.168760%
Estimated Frozen Tax Capacity Rate 111.931%
Fiscal Disparities Contribution From TIF District 34.2585%
Administrative Retainage Percent (maximum = 10%) 10.00%
Pooling Percent 5.00%
Bonds Projected Pay-as-you-go Note
Bonds Dated NA Note Dated 02/01/22
Bond Issue @ 0.00% (NIC) NA Note Rate 4.00%
Eligible Project Costs NA Note Amount TBD
Present Value Date & Rate 02/01/22 4.00% PV Amount $647,251
Notes
Assumes no changes to future class rates and tax rates
Includes 3% annual market value inflator to allow for future growth
Total taxable value based on $90/square foot for 74,500 facility
Construction commences and completes in 2022
Exhibit III Projected Tax Increment ReportCity of Little Canada, MinnesotaTax Increment Financing (Economic Development) District No. 7-3Owassa Warehouse based on $90 per SF valueDraft TIF Plan Exhibits based on 74,500 SF industiral facilityLess: Less: Retained Times: Less: Less: P.V.Annual Total Total Original Fiscal Captured Tax Annual State Aud. Subtotal Adm./Pooling Annual AnnualPeriod Market Net Tax Net Tax Disp. @ Net Tax Capacity Gross Tax Deduction Net Tax Retainage Net Net Rev. ToEnding Value (1)Capacity (2)Capacity (3)34.2585% Capacity Rate (4)Increment 0.360% Increment 15.00% Revenue 02/01/22(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 4.00%12/31/22 469,200 9,384 9,384 0 0 111.931% 0 0 0 0 0 012/31/23 469,200 9,384 9,384 0 0 111.931% 0 0 0 0 0 012/31/24 7,174,200 142,734 9,384 45,684 87,666 111.931% 98,126 353 97,773 14,666 83,107 74,12412/31/25 7,389,426 147,039 9,384 47,158 90,496 111.931% 101,293 365 100,928 15,139 85,789 73,57312/31/26 7,611,109 151,472 9,384 48,677 93,411 111.931% 104,556 376 104,180 15,627 88,553 73,02212/31/27 7,839,442 156,039 9,384 50,242 96,413 111.931% 107,916 388 107,528 16,129 91,399 72,47012/31/28 8,074,625 160,743 9,384 51,853 99,505 111.931% 111,377 401 110,976 16,646 94,330 71,91812/31/29 8,316,864 165,587 9,384 53,513 102,690 111.931% 114,942 414 114,528 17,179 97,349 71,36512/31/30 8,566,370 170,577 9,384 55,222 105,971 111.931% 118,614 427 118,187 17,728 100,459 70,81212/31/31 8,823,361 175,717 9,384 56,983 109,350 111.931% 122,396 441 121,955 18,293 103,662 70,26012/31/32 9,088,062 181,011 9,384 58,797 112,830 111.931% 126,292 455 125,837 18,876 106,961 69,707$1,005,512 $3,620 $1,001,892 $150,283 $851,609 $647,251(1) Total estimated market value based on $90/SF preliminary and subject to further review. Includes 3% annual market value inflator(2) Total net tax capacity based on commercial-industrial class rate of 1.5% first $150,000 value and 2% value above $150,000(3) Original net tax capacity based on 2020/2021 existing property value(4) Total local combined tax rate available for taxes payable 2021
Exhibit IV Estimated Impact on Other Taxing Jurisdictions ReportCity of Little Canada, MinnesotaTax Increment Financing (Economic Development) District No. 7-3Owassa Warehouse based on $90 per SF valueDraft TIF Plan Exhibits based on 74,500 SF industiral facilityWithoutProject or TIF District With Project and TIF DistrictProjected Hypothetical2020/2021 2020/2021 Retained New Hypothetical Hypothetical Tax GeneratedTaxable 2020/2021 Taxable Captured Taxable Adjusted Decrease In by RetainedTaxing Net Tax Local Net Tax Net Tax Net Tax Local Local CapturedJurisdiction Capacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*)City of Little Canada 12,931,641 23.983% 12,931,641 $112,830 13,044,471 23.776% 0.207% 26,826Ramsey County 609,931,784 47.760% 609,931,784 112,830 610,044,614 47.751% 0.009% 53,878ISD #623 77,203,088 31.250% 77,203,088 112,830 77,315,918 31.204% 0.046% 35,208Other (2) --- 8.938% --- 112,830 --- 8.938% --- --- Totals 111.931% 111.669% 0.262% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each ofthe taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above)which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax ratewould decrease by 0.262% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that theRetained Captured Net Tax Capacity of the TIF District would generate is also shown above.Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions,then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions has not been calculated. They represent 7.99% of the total tax rate.
Exhibit V
Market Value Analysis Report
City of Little Canada, Minnesota
Tax Increment Financing (Economic Development) District No. 7-3
Owassa Warehouse based on $90 per SF value
Draft TIF Plan Exhibits based on 74,500 SF industiral facility
Assumptions
Present Value Date 02/01/22
P.V. Rate - Gross T.I. 4.00%
Increase in EMV With TIF District $8,618,862
Less: P.V of Gross Tax Increment 771,751
Subtotal $7,847,111
Less: Increase in EMV Without TIF 0
Difference $7,847,111
Annual Present
Gross Tax Value @
Year Increment 4.00%
1 2024 98,126 88,382
2 2025 101,293 87,725
3 2026 104,556 87,068
4 2027 107,916 86,410
5 2028 111,377 85,751
6 2029 114,942 85,092
7 2030 118,614 84,433
8 2031 122,396 83,774
9 2032 126,292 83,116
$1,005,512 $771,751
STAFF REPORT
TO: Mayor Keis and Members of City Council
FROM: Corrin Wendell, AICP, Community Development Director
DATE: October 27, 2021
RE: Conditional Use Permit and Architectural Design Review – 2640 Rice Street –
Case #1403
ACTIONS TO BE CONSIDERED
Approve a Conditional Use Permit to allow Drive-Up Window Service and Architectural Design
Review, located at 2640 Rice Street, Parcel ID 072922220025.
FACTS
• The City has received a Conditional Use Permit application from Royal Credit Union
Bank, the applicant and owner of the parcel located at 2640 Rice Street.
• The applicant is requesting approval for a Drive-Up Window Service to accommodate the
use of the bank establishment and approval for the Architectural Design Review
guidelines for the site.
• The Zoning Code allows for Drive-Up Window Service with approval of a Conditional
Use Permit.
• The property is zoned B-3, General Business District.
• The applicant has submitted all filing requirements for review of the Conditional Use
Permit application and the Architectural Design Review.
• A Public Hearing will be held at the City Council Meeting on October 27, 2021 to open
up public comment.
• A public hearing notice letters have been sent to addresses within 350 feet of the parcel
and the Pioneer Press.
• The Planning Commission recommended approval at their October 14th meeting.
ATTACHMENTS
Staff Report
Site Plan
MEMORANDUM
Date: Wednesday, October 27, 2021
To: Mayor Keis and City Council members
From: Corrin Wendell, AICP, Community Development Director
CC: Chris Heineman, City Administrator
Re: Conditional Use Permit & Architectural Design Review – 2640 Rice Street - #1403
BACKGROUND
Mayor Keis and City Council members:
The City Council is asked to make a recommendation on a Conditional Use Permit to allow Drive-
Up Window Service and Architectural Design Review, located at 2640 Rice Street, Parcel ID
072922220025.
Proposal:
The City has received a Conditional Use Permit and Architectural Design Review application from
Bryant Christenson, applicant and the Royal Credit Union Bank owner, for a parcel located on
Rice Street. The applicant has purchased the property and plans to build a new bank establishment
with a drive-up window service attached,
Applicant/Owner:
Bryant Christenson, Royal Credit Union Bank, 3300 Birch Street, Suite 1A, Eau Claire, WI, 54703.
Address/Location:
2640 Rice Street, Little Canada. The property is located west of I-35E and south of I-694W within
the Little Canada city limits.
Property Legal Description:
LOTS 23,24 25, 26, 27, 28, 29 AND THE NORTH 25 FEET OF LOT 34, ALL IN BLOCK 6,
NORTH HEIGHTS RAMSEY COUNTY, MN PID: 072922220025.
Zoning:
The property is zoned B-3, General Business District.
AERIAL MAP
FINDINGS
Zoning:
The property is within the B-3, General Business District. City Code Section 912.040 (I), allows
for Drive-Up Establishments by Conditional Use Permit.
What is a Conditional Use Permit?
CUP is an abbreviation for Conditional Use Permit. A Conditional Use Permit is a use that under
certain conditions, can be allowed with a Conditional Use Permit, designated by the City Council,
Planning Commission, or specified in the Zoning District, are met.
City Code Section 912.040 (I):
I. Drive-Up Establishments, provided that:
1. The architectural appearance and functional plan of the building and site shall not be so
dissimilar to the existing buildings or area so as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the lot. The proposal complies with
this standard. The proposed building appearance is in keeping with the surrounding buildings and
is a brand-new building. Please see the attached façade renderings of the building.
2. A strip of not less than five (5) feet shall be landscaped and screened in compliance with Section
903.020.G of this Ordinance. The proposal complies with this standard. The site plan includes
approximately 20 feet in width of landscaping along Rice Street as well as County Road C West.
Rice Street County Rd C
3. Each light standard island and all islands in the parking lot landscaped or covered. The proposal
complies with this standard. The site plan includes 4,098 sq. ft. of green space throughout the site
including a majority of the landscaping buffer along Rice Street and County Road C West.
4. Parking areas shall be screened from view of abutting residential districts in compliance with
Section 903.020.G of this Ordinance. The proposal complies with this standard. The proposal
complies with this standard. The proposal does not abut any residential districts and is surrounded
by commercial properties to the east and south.
5. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches
high above the parking lot or driveway grade. The proposal complies with this standard. The
proposal includes curb and gutter within the property site plan, curbs shall not exceed 6 inches
high above parking lot or driveway grade.
6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic
movements, shall comply with Section 903.050 of this Ordinance and shall be subject to the
approval of the City Engineer. Such access points shall be located as far from intersections with
major roadways as possible. The proposal complies with this standard. The proposal includes a
circulation plan that includes just two entrance/exits to the property, with one access along Rice
Street and another access on County Road C, minimizing access points in order to not cause any
vehicle conflict.
7. All lighting shall be hooded and so directed that the light source is not visible from the public
right-of-way or from an abutting residence and shall be in compliance with Section 903.020.I of
this Ordinance. The proposal complies with this standard. The proposal includes a lighting plan
that shows the light sources and that they will be hooded and not visible from the public right-of-
way.
8. The entire area shall have a drainage system which is subject to the approval of the City
Engineer. The proposal complies with this standard. The proposal includes an erosion control
plan that will be submitted to the City Engineer at the time of building permit.
9. The entire area other than occupied by buildings or structures or plantings shall be surfaced with
a material which will control dust and drainage and which is subject to the approval of the City
Engineer. The proposal complies with this standard. The proposal includes information about
including hard surface bituminous pavement, such as asphalt.
10. All signing and information or visual communication devices shall be in compliance with
Section 903.110 of this Ordinance. The proposal complies with this standard. The applicant will
submit a sign permit for the review and approval of signage for the building and any monument
signs.
11. The provisions of Section 921.010.C of this Ordinance are considered and satisfactorily met.
The proposal complies with this standard. These provisions have been met for the consideration
of a Conditional Use Permit.
Architectural Design Review:
The City of Little Canada has created this Guidebook to assist developers of property in
understanding the City's goals and objectives for commercial development in Little Canada. This
book consists of text and graphic illustrations which communicate the City's expectations for both
new developments and redevelopment of commercially zoned property.
The Guidebook is intended to accomplish two primary objectives: (1) Describe the general
architectural character of the City's commercial area, and (2) identify specific requirements which
will be part of a proposed project's review.
Design/Architectural Elements:
Unifying Design Concept All buildings should be visibly
organized by a clear design concept.
Similar or complementary forms are
encouraged.
The proposal complies with this
standard.
Building Placement Varying scale of buildings should be
encouraged.
The proposal complies with this
standard. There is only one
building being proposed.
Composition and Detailing Undulating facade shall be encouraged.
No building should have large areas of
blank wall surface facing the street
front. Continuous stretch of a single
facade discouraged unless the block has
a single user.
Use of architectural elements to
enhance building surfaces should be
encouraged. Building elements can
include: setback of the upper floor and
roof line; strong corner features,
entrances, projection of windows, etc.
The proposal complies with this
standard.
Height Maximum base height shall be 14 feet.
In case of a single story, the top of the
roof line shall not exceed 14 feet.
Maximum height of a three story shall
not exceed 40 feet.
The proposal complies with this
standard.
Street Front Entry/Doorway All buildings should have a principal
entry visible from the street and located
at the front of the building. No entry
shall project beyond the right-of-way.
Door openings shall comply with
building code standards.
Maximum width of a double door shall
be six (6) feet.
The proposal complies with this
standard.
Street Front Window Window openings may be modulated to
scale and proportion complementary to
the architectural style.
The proposal complies with this
standard.
Rear Façade Entry/Doorway A visible entry from the parking lot
should be provided.
Width of the door should be determined
by the purpose of its use.
The proposal complies with this
standard.
Rear Façade Window Vertically proportioned windows
should be encouraged.
The proposal complies with this
standard.
No building should have large areas of
blank wall surface facing the parking
lot.
Bay Width Window frame shall be constructed of
metal.
Windows and doors shall be glazed in
clear glass with no more than 10
percent daylight reduction.
Bay width shall range between 20-24
feet.
The proposal complies with this
standard.
Building Subdivision Front and rear subdivision of bay
should not be encouraged.
The proposal complies with this
standard.
Roofs Varying roof line to create a harmony
in the skyline should be encouraged.
Focus around strong architectural
elements like dormer windows,
chimneys, cornices encouraged.
The proposal complies with this
standard.
Roof Materials Roof materials should complement roof
style. Color and material of cornice
should complement the base and shaft
of the facade.
The proposal complies with this
standard.
Building Materials The use of durable building and finish
materials should be encouraged.
Materials that have an attractive
texture, pattern or quality of detailing
are encouraged.
Buildings should be finished in
aesthetically acceptable tones and
colors, and complement the tones and
colors of neighboring buildings.
The proposal complies with this
standard.
Franchise Design Franchise design should utilize good
materials
The proposal complies with this
standard.
Streetscape Elements:
On-Street Parking On-street parking is discouraged on
Rice Street and Little Canada
Road/Rice Street, and local streets
within the commercial district.
Encourage "parkway like"
development along Little Canada
Road.
The proposal complies with this
standard.
Off-Street Parking The City encourages off-street parking
areas that are interspersed with
significant planting areas.
Off-street parking areas to be set back
and screened at the perimeter to keep
focus on the buildings and pedestrian
activity.
Parking areas should be designed to
provide minimum walking distance to
shopping entries.
The proposal complies with this
standard.
Vehicular Access The City encourages layout and design
that provides unity, easy identification
and access of the commercial areas
from major roadways. Entry points on
The proposal complies with this
standard. Ramsey County will
also review for curb cuts along
Rice Street.
Rice Street and Little Canada Road are
to be easily seen and recognizable and
have a 30-foot sight triangle distance as
per City requirements, and other
applicable highway department
standards.
Pedestrian Access The City encourages layout and design
that provides easy identification and
access of the commercial areas for
pedestrian users.
The proposal complies with this
standard.
Pedestrian/Vehicular Controls Pedestrian crosswalks that promote
safety and ease of crossing will be
encouraged.
The proposal does not propose
or need crosswalks.
Open Space/Parks Open space that provide relief from
building mass shall be encouraged.
The utilization of open space elements
and materials that are compatible with
building and streetscape elements is
encouraged.
The proposal complies with this
standard.
Roadway Width The width of roadway surface on local
streets should be limited in order to
provide a comfortable scale for the
pedestrian.
The proposal does not include
the addition of new streets.
Walkways Walkway width should allow for space
requirements for pedestrians as well as
planting/ streetscape elements and
sidewalk use by merchants.
The proposal includes a
sidewalk along Rice Street in
order to connect future
sidewalks along the corridor.
Paving Walkway paving that utilizes
textures/materials which vary from
other pavement areas, while being
appropriate for the use is encouraged.
The proposal complies with this
standard.
Lighting The City encourages well lit street
areas and that provide
pedestrian/vehicular safety and
encourages use at night.
Street lighting should be of similar type
and should be traditional in character.
The proposal complies with this
standard.
Planters The use of planter boxes and hanging
planters is encouraged.
The use of freestanding planters and
raised planter beds is encouraged.
The proposal complies with this
standard.
Furniture/Structures Furniture elements should reflect the
character of the built environment, be
internally related between themselves,
and not promote a cluttered
appearance.
The proposal complies with this
standard.
Planting Trees and shrubs that can adopt to city
conditions should be used.
Individual planting areas outside of
business and office space is
encouraged.
The use of similar species street trees
to unify and delineate separate streets
is encouraged.
The proposal complies with this
standard. The site will also have
an irrigation system.
Fencing Screen, regulatory and decorative
fencing should be compatible with
building materials and streetscape
elements. Waste receptacle areas
should be located within buildings.
The proposal does not include
fencing on the property.
Sign Elements: The City will review the sign proposal through a sign permit application at the
time the signs are ready to be placed on the building.
Proposal Site Plan:
Lot Size: 24, 394 sq ft
Proposed Building Size: 2,995 sq ft
Green Space: 4.098 sq ft
Parking Stalls: 18 total: (2 accessible)
Proposed Setbacks:
Front: 60 feet
Side: 30 feet
Side: 50 feet
Rear: 45 feet
Zoning Code Setbacks (B-3 District):
Front: 40 feet
Side: 0 feet
Rear: 20 feet
Public Hearing:
A CUP requires a Public Hearing and the City Council will need to open the hearing at their
October 27, 2021 meeting to take comment from the public. At that time, they will consider the
comments from the public and the application after the hearing has been closed. A public notice
has been published in the newspaper and the property owners within 350 feet of the site have been
notified.
Planning Commission:
The Planning Commission at their October 14, 2021 meeting recommended unanimous approval.
The Planning Commission asked the applicant to provide signage to deter cut-through traffic that
may potentially access across the site from Rice to County Road C West.
RECOMMENDED ACTION
Approve a Conditional Use Permit to allow Drive-Up Window Service and Architectural Design
Review, located at 2640 Rice Street, Parcel ID 072922220025.
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SHEET SCHEDULEDESCRIPTIONSHEETNO.C100ROYAL CREDIT UNIONST. PAUL OFFICE2640 RICE STREET,LITTLE CANADA, MN 55113TITLE SHEETEXISTING CONDITIONS & DEMOLITION PLANSITE PLANUTILITY PLANGRADING PLANEROSION CONTORL PLANDETAILSPROJECT LOCATIONTITLE SHEETC100C200C300C400C500C600C700
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COUNTY ROAD C WESTRICE STREET SITE PLAN
MINUTES OF THE REGULAR MEETING
PLANNING COMMISSION
LITTLE CANADA, MINNESOTA
OCTOBER 14, 2021
Pursuant to due call and notice thereof a regular meeting of the City Council of Little Canada,
Minnesota was convened on the 14th day of October, 2021 in the Council Chambers of the City
Center located at 515 Little Canada Road in said City.
Acting Chair Chris Kwapick called the meeting to order at 5:30 p.m. and the following members
of the Planning Commission were present at roll call:
PLANNING COMMISSION: Kulousek, Kwapick, Thorson, and Quarles. Absent: Buesing,
Johnson and Schwalbach
ALSO PRESENT: Community Development Director Corrin Wendell and Bill Weber,
Planning Consultant
ADOPT AGENDA
The agenda was adopted as presented.
MINUTES
Commissioner Thorson made a motion to approve the September 9, 2021 Planning Commission
minutes as submitted. Commissioner Quarles seconded the motion. The motion was unanimously
approved.
OPEN TO THE PUBLIC
No comments.
PUBLIC HEARINGS
None.
COMMISSION BUSINESS: CONDITIONAL USE PERMIT AND ARCHITECTURAL
DESIGN REVIEW – ROYAL CREDIT UNION BANK – 2640 RICE STREET
CASE #1403
The Community Development Director presented a request for a conditional use permit and
architectural review for the property at 2640 Rice Street. He stated that the applicant is
requesting drive-up window service for Royal Credit Union Bank and provided details on the
parcel size. She stated that the parcel is zoned B-3 and reviewed the proposed site plan and
architectural drawings. She reviewed details required under City Code for a drive-thru use and
highlighted how the proposal meets those requirements in terms of landscaping, parking, access
MINUTES
PLANNING COMMISSION
OCTOBER 14, 2021
2
and traffic circulation, lighting, and drainage. She stated that staff believes that the conditional
use permit requirements have been met by the proposal. She highlighted the details of the
architectural review and stated that the materials and design does meet the requirements of the
related zoning district. She stated that a public hearing will be held by the Council at its meeting
on October 27th. She stated that staff recommends approval of the conditional use permit request
and architectural review.
Acting Chair Kwapick invited the applicant to address the Commission.
Bryant Christenson, applicant, stated that the tanks were removed, and they are doing an
environmental review in order to complete any necessary mitigation efforts in anticipation of
groundbreaking in the spring.
Commissioner Thorson stated that the presentation was very thorough, and he has no further
questions.
Acting Chair Kwapick stated that future Rice Street expansion and sidewalks were included in
the presentation, which he was happy to see. He asked if the area abutting the parking lot would
continue to be an area for sidewalk in the future, or whether the Rice Street expansion would
take up that space.
The Community Development Director replied that they will retain that right-of-way strip in
order to accommodate sidewalk, greenspace, and landscaping.
Acting Chair Kwapick asked if there were an estimate on the number of vehicles that would
utilize the drive-thru option for the bank. He had a concern with a backup of vehicles going onto
Rice Street.
Mr. Christenson replied that they have space to accommodate 10 to 12 vehicles with multiple
lanes for vehicles to choose. He stated that they do not expect more than 15 people inside,
counting the six or seven employees. He did not anticipate much traffic for this branch as this is
actually an existing branch location a few miles south that will be moving to this location and
therefore the actual numbers related to use were taken from those operations.
Commissioner Quarles asked if there would be adequate signage discouraging traffic from
cutting through this site.
Mr. Christenson stated that there is a bypass lane for vehicles traveling in the bank parking lot,
but often vehicles just cutting through would get caught up in the waiting line for the bank and
that would discourage that activity.
Commissioner Kulousek stated that perhaps a no cut through traffic sign would also be helpful.
MINUTES
PLANNING COMMISSION
OCTOBER 14, 2021
3
Commissioner Thorson asked if any request for a drive-thru window would require a conditional
use permit.
The Community Development Director replied that is the correct process in the current zoning
code. She stated that the proposed changes to the City Code would simplify that process and
eliminate the need for a conditional use permit. She explained that the conditions are instead
listed as requirements for that type of use.
Acting Chair Kwapick stated that he is partial to having a conditional use permit for a drive-thru
but agreed that this is a good location for that type of use.
Kulousek introduced the following motion:
RECOMMENDING THE APPROVAL OF A CONDITIONAL USE PERMIT TO
ALLOW DRIVE-UP WINDOW SERVICE AND ARCHITECTURAL DESIGN
REVIEW, LOCATED AT 2640 RICE STREET, PARCEL ID 072922220025
The foregoing motion was duly seconded by Quarles.
Ayes (4). Nays (0). Motion passed.
The Community Development Director reported that this will move forward to the City Council
on October 27, 2021.
COMMISSION BUSINESS: ZONING TEXT AMENDMENT – FINAL DRAFT ZONING
CODE UPDATE
The Community Development Director stated that this is the final review of the draft zoning
code update. She reviewed the timeline for this process which began in January, working
through each chapter of the zoning code and scheduled for a public hearing at the City Council
meeting later this month. She summarized the objectives of the update and reviewed the process
that was followed and the stakeholders that provided input. She highlighted some of the major
changes that were made. She provided additional information on accessory dwelling units
(ADUs).
Acting Chair Kwapick stated that the Commission is being asked to review the final draft zoning
code update and asked for any comments or questions from the Commission. He noted that this
has been thoroughly discussed by the Commission prior to the review tonight. He commented
that this update will be great for the City and will simply the process for businesses and make the
Code more user friendly. He expressed appreciation for the amount of work that has gone into
this process.
Acting Chair Kwapick welcomed input on accessory dwelling units. He welcomed input from
the residents in attendance.
FUTURE CITY SIDEWALK
ROCK MULCH w/ SHUBS
& FLOWERS w/ FULL
IRRIGATION SYSTEM
SHRUB
FLOWER SHRUB
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA.SIGNATURE: TYPED NAME: DATE: LICENSE NUMBER: 0'2"4"8"0'4"8"16"0'1'2'4'0'8"16"32"0'16"32"64"0'2'4'8'0'4'8'16'0'8'16'32'SET TYPE -DATE:
DRAWN BY:
JOB NO:
PM:1/16" = 1'-0"1/8" = 1'-0"1/4" = 1'-0"1/2" = 1'-0"3/4" = 1'-0"1 1/2" = 1'-0"3" = 1'-0"3/8" = 1'-0"21 43 65
21 43 65
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10/21/2021 6:00:59 PMBIM 360://21-068 RCU St. Paul/21-068 RCU St.Paul_Cloud_2020.rvtST. PAUL OFFICEROYAL CREDIT UNION2640 RICE STREET, LITTLE CANADA, MN 5511309.24.21
A505 PERMIT 09.24.21Author
21-068
BC
Unnamed 15956CARL G. RUDENBORG09.24.2021MARKDATEDESCRIPTION1" = 10'-0"A505
1 ARCHITECTURAL SITE PLAN
STAFF REPORT
TO: Mayor Keis and Members of City Council
FROM: Corrin Wendell, AICP, Community Development Director and Bill Weber,
Planning Consultant
DATE: October 27, 2021
RE: Ordinance No. 856 – An Ordinance Amending Section 900 of the Little Canada
Zoning Code
ACTIONS TO BE CONSIDERED
Approve Ordinance No. 856 – An Ordinance Amending Section 900 of the Little Canada Zoning
Code for the City of Little Canada Zoning Code with publication of the summary ordinance.
ATTACHMENTS
Staff Report
Zoning Code Draft
2
MEMORANDUM
Date: Wednesday, October 27, 2021
To: Mayor Keis and City Council members
From: Corrin Wendell, AICP, Community Development Director and Bill Weber, Planning
Consultant
CC: Chris Heineman, City Administrator
Re: Approve Ordinance No. 856 – An Ordinance Amending Section 900 of the Little
Canada Zoning Code for the City of Little Canada Zoning Code with publication of the
summary ordinance.
BACKGROUND
Mayor Keis and City Council members:
In January 2021, the City began the process of updating the official zoning code in accordance
and following the adoption of the 2040 Comprehensive Plan to better align the goals and vision
of the Comprehensive Plan with the official controls of the City. The updated zoning code is now
in the final stages and brought forth for your review and recommendation for adoption to the
City Council. Once adopted, the City may place it into effect.
Summary of the Draft Zoning Code of the City of Little Canada
The zoning code of the City of Little Canada has been reorganized and rewritten to support the
objectives of the City’s comprehensive plan, to improve the quality of land development and to
make it easier for the community to use.
We have prepared the following summary to help reviewers. Please note, that the italicized
numbers and note references in the draft code language will be removed before the adoption of
the code, it is included in the chapters to provide a final review of existing and new regulations.
The following summary sections are found on the following pages of this memo:
Map of the current pattern of zoning ......................................................................4
Major Changes or Additions ....................................................................................5
Ordinance Chapters:
2 - General Provisions .........................................................................................6
3 - Zoning Districts .............................................................................................6
4 - Residential Districts .......................................................................................6
5 - Commercial Districts .....................................................................................6
6 - Industrial Districts ..........................................................................................8
3
7 - Public and Semi-Public District ......................................................................8
8 - Wetlands Overlay District ..............................................................................8
9 - Floodplain Management Overlay District .....................................................8
10 - Shoreland Overlay District ............................................................................8
11 - Planned-Unit Development Overlay District .................................................8
12 - Temporary Uses and Structures .....................................................................9
13 - Non-Conforming Uses and Structures ...........................................................9
14 - Specific Development Requirements ...........................................................10
15 - General Development Requirements ...........................................................12
16 - Signs .............................................................................................................12
17 - Application Reviews and Procedures ..........................................................12
18 - Interpretation, Encroachment and Measurement .........................................13
19 - Definitions ....................................................................................................14
20 - Enforcement .................................................................................................14
4
Map of the Current Pattern of Zoning
5
MAJOR CHANGES OR ADDITIONS
Changes to Districts and Land Uses
Several zoning districts were deleted or combined, and several allowed land uses were deleted or
combined. One new zoning district was created. The R-2, Medium-Density Residential District,
was broadened.
Tabular Summaries of Allowed Land Use
Except for the dimensional requirements, most of the detailed land use regulations have been
moved out of the sections on the individual districts and collected in either the Specific
Development Requirements or the General Development Requirements. The section for each
district focuses on presenting the dimensional requirements and include references to the specific
and general requirements.
There is a general table of allowed residential uses, another for commercial land uses and a third
for industrial uses.
This makes it easier to understand what is allowed in each district and whether each use is
permitted, conditional or accessory. It will also be easier to find the key dimensional
requirements and will reduce duplication.
Tables of Dimensional Regulations
Dimensional requirements are displayed in tables rather than in paragraphs.
New vs. Existing Regulations
We have chosen to re-use existing regulations whenever it seems appropriate, but have proposed
replacements as judged necessary. There was not change just for the sake of change. So, the
future code will seem both familiar and new. It was apparent that some regulations in the
existing code were adopted for specific local conditions and that others were given quite a bit of
recent thought.
Conditions for Conditional Uses
Specific requirements for each conditional use will be described.
Requirements for Permitted Uses
Specific requirements for some of the permitted uses were described. The difference between a
permitted use and a conditional use is that the permitted uses are presumed to be allowed as long
as the proposal meets those conditions, while the conditional uses are presumed to be not
allowed unless the conditions are met.
Please note that unless the application involves a variance, a plat or a rezoning, site development
applications will be reviewed and approved or denied by City staff without going through the
Planning Commission and City Council. This will save time and money for the applicant and
allow the Planning Commission and City Council to concentrate on other matters. This would be
a major change from past practice of the City.
Review Procedures
The procedures for reviewing applications were consolidated.
Districts Used without Changes
The floodplain, shoreland and public districts were incorporated without change, as were the
2020 planned-unit district. The wetland district was made consistent with the 1991 Minnesota
6
Wetland Conservation Act. No changes were proposed for manufactured housing, signs or adult
businesses.
Tables of Contents
There is a table of contents at the top of each major section, and the page headers include the
titles of the sub-sections.
2 - GENERAL PROVISIONS
Addresses legal relationships, conflicts, transitional regulations and severability.
3 – ZONING DISTRICTS
This chapter establishes and official zoning map and establishes the 14 specific districts by
name.
4 – RESIDENTIAL DISTRICTS
Tables of Allowed Land Uses
There is a table showing all of the allowed residential land uses in each of the five residential
zones and whether each is permitted, conditional or accessory. There is no longer a list in each
individual district.
Dimensional Tables
The dimensional requirements are presented in tables.
Residential Zoning Districts
The code still has the R-1, -2 and -3 Districts as low-, medium- and high-density residential. The
R-M District, Mobile Home Communities, has been renamed R-4, Manufactured Home District.
The Residential-Business District, R-B, has been changed to R-C, Residential-Commercial
District, included here.
References to other Development Requirements
There are references to Section 914 and 915, the specific and the general development
requirements. These two sections will reduce the content in each District section and minimize
duplication.
Changes to the Dimensional Requirements
Except for the R-1, Low-Density Residential District, most of the dimensional requirements for
setbacks and lot have been reduced slightly. The minimum lot sizes in the R-2 district are
proposed to be reduced for detached and two-unit buildings. In the R-3 district, the minimum lot
size for attached housing other than apartment buildings is also proposed to be reduced.
5 – COMMERCIAL DISTRICTS
Districts to be Deleted
• B-2, Auto-Oriented Business District. This district exists in the text of the code but not on
the map.
7
• B-4, Comprehensive Business District. There is only one location zoned B-4,
Comprehensive Business District; it is along Rice Street south of County Road C.
These changes leave only the B-3, General Business District plus one district to be added.
District to Be Added
It is proposed that the City create a new district, Corridor Mixed, and apply it along Rice Street
and portions of Little Canada Road west of the freeway. That district would allow a variety of
retail and service businesses, vertically mixed commercial and residential buildings, and
residential buildings with more than 8 units apiece. The intention is to allow more market
flexibility in the pattern of land uses while improving or retaining high standards for site design.
Improved market choice should encourage new investment and more efficient land use.
Current Commercial Zoning
Districts
Proposed Commercial Zoning
Districts
B-2, Automotive Business
C-1, General Commercial B-3, General Business
B-4, Comprehensive Business
R-B, Residential / Business R-C, Residential-Commercial
-- C-2, Corridor Mixed
Changes in the list of Permitted Land Uses
The list of commercial land uses is proposed to be consolidated and expanded. That is, it is not
necessary to try to list every conceivable commercial land use that we wish to include because
that risks omitting some that we might actually want, such as cell phone stores, which are not
currently shown. Instead, a smaller number of more inclusive terms is used. This wording is
proposed: “Retail and/or service businesses that deal directly with the final consumer or
beneficiary, but not including drive-through or drive-in service.”
The proposed list of principal and accessory commercial land uses is shown in the text on page
905-2.
It is also proposing that many of the Conditional Uses in the commercial (and the residential)
districts be made Permitted Uses with certain conditions stated in the code. That would allow
more buildings to be approved by City staff without having to go through the Planning
Commission and City Council, which is time-consuming. It also ensures that the conditions are
clearly stated before a site plan is drawn. Those conditions are shown in Chapter 914, Specific
Development Requirements.
Changes to the Dimensional Regulations
The maximum density for housing in the new Corridor Mixed zoning district is proposed to be
50 units per net acre. The current maximum density in the R-3, High-Density Residential district
is 29 units per net acre. The maximum building height is proposed to be 56 feet.
8
In the new C-2, Corridor Mixed District, the front setback for the principal building is proposed
to be only 10 feet. This is to encourage the building to be set closer to the street with the parking
to the side or rear. Remember that the front setback is measured from the front property line, not
the street curb.
6- INDUSTRIAL DISTRICTS
Districts to be Deleted
The Business-Warehouse, Business-Industrial and the General Industrial Districts are proposed
to be deleted because they are each mapped in only one or two small locations. They would all
be re-mapped as the amended I-1, Light Industrial District.
The Business-Industrial District is mapped in one, small location along County Road D and
occupied by a self-storage building. That site could be rezoned as either the new I-1, Light
Industrial District, or one of the residential districts.
Please see the attached zoning map for the locations of the existing commercial and the
industrial zoning districts.
7 - Public and Semi-Public District
This district is substantially unchanged from its present wording. It allows public buildings of all
kinds and also houses of worship. The latter are also allowed in any residential commercial or
industrial zoning district.
Some cities do not have a public district, but allow these land uses under their residential,
commercial or industrial zoning districts. You can see where this district is located on the
attached zoning map.
8 - Wetlands District
This overlay district was completely rewritten to bring it into conformance with the 1991
Minnesota Wetlands Preservation Act. It is not expected to be used often as the city is nearly
fully developed. The locations of the Wetland Overlay District are marked with a W on the
attached zoning map.
9 -Floodplain Management Overlay District
This chapter is completely unchanged from its present wording.
10 - Shoreland Overlay District
This chapter is completely unchanged from its present wording.
11 - Planned-Unit Development Overlay District
This chapter is completely unchanged from its present wording. It was rewritten and adopted in
2020.
9
12 - Temporary Uses and Structures
This entirely new chapter presents ideas that are presently scattered in various chapters of the
zoning code, provides conditions of approval and lists the permit requirements. It covers
temporary land uses such as construction trailers, garage sales, seasonal retail sales and others. It
does not apply to special events that are otherwise subject to leases, permits, or other forms of
permission that are duly established between the special event organization and the City.
13 - Non-Conforming Uses and Structures
This chapter is completely unchanged from its present wording.
A non-conforming land use or building is one that is inconsistent with the present zoning
regulations. A legal non-conforming use is one that was built according to the zoning
regulations that existed at the time but has been made non-conforming because the zoning
regulations were later changed. An illegal non-conforming use is one that was built without a
permit and does not conform to present regulations; these are rare.
Legal non-conforming building and land uses may “not be enlarged but may be continued at the
size and in the manner of operation existing upon such date except as hereinafter specified or
subsequently amended.” Normal building maintenance is allowed. If such a use is damaged by
less than half of it market value may be rebuilt as it was before if the owner applies for a building
permit within six months. If a non-conforming use is discontinued for a year, it must be brought
into conformance with the zoning regulations.
Note that this chapter continues the present regulations that (a) protect the rights of any
manufactured housing park that may be made non-conforming through a change to the zoning
text or the zoning map and (b) any individual mobile home that is deemed non-conforming.
Those provisions are consistent with state law regarding mobile homes.
14 - Specific Development Requirements
Chapter 914 provides requirements for specific types of land use such as car washes or child day
care businesses. This is in contrast to Chapter 915, General Development Requirements, which
provides requirements such as landscaping that could be applied to a wide variety of land uses.
Some requirements are new, some were imported from the current code and a few are a
combination. Those in the current code may have been found in the existing Chapter 903,
General Provisions, or in one of the district chapters.
Some of these requirements pertain to Conditional Uses while others are for Permitted Uses that
have conditions. Here is the difference:
Conditional Uses: These land uses are presumed to be not allowable in a given zoning district
unless specified conditions are met. The review process includes City staff, the Planning
Commission and the City Council.
Permitted Uses with Conditions: These land uses are presumed to be allowable in a given
zoning district as long as specified conditions are met. The review includes only the City staff.
Appeals of staff decisions are heard by the Planning Commission.
10
In both cases, the specified conditions are mandatory, not advisory.
Here is a summary of the application review process that we can discuss further when we get to
Chapter 917. Key: R – Review, D – Decision, H – Hearing, A – Appeal
Procedure Development
Review
Committee
Community
Development
Department
Engineering
Department
Planning
Commission
City
Council
Site Plan
Review *
R D D A
Conditional Use Permit R R R H - R D
Variance R R R H - R D
Planned-Unit Development R R R H - R H - D
Comp Plan Amendment R R R H - R H - D
Map or Text Amendment R R H - R H - D
Temporary or Seasonal Use -- D D A
Administrative Adjustments R D D A
Building Permit -- D R A
Certificate of Occupancy -- D R A
Home Occupation D R A
Grading Permit -- R D A
Driveway Permit -- D D A
* If no variance, conditional use permit, land subdivision or rezoning is involved.
Manufactured Home Communities
No changes were made to these regulations.
15 - General Development Requirements
Chapter 915, General Development Requirements, provides requirements such as landscaping or
parking that could be applied to a wide variety of land uses.
Some requirements are new, some were imported from the current code and a few are a
combination. Those in the current code may have been found in the existing Chapter 903,
General Provisions, or in one of the district chapters.
Accessory Buildings
This section addresses all buildings on a residential lot other than the principal dwelling, and,
thus, includes detached garages, garden sheds, and gazebos. The related sections are:
Accessory buildings permitted ............................................................... Table 904-1
Detached garages ..........................................................................................914.110
Solar energy systems ....................................................................................914.200
11
Swimming pools ...........................................................................................914.210
This section reiterates dimensional requirements stated elsewhere in the code such as setbacks,
building height, rear yard coverage, the number of accessory buildings allowed, special
exceptions for garden sheds between the house and the side lot line, and Little Free Libraries.
Corner Sight Triangles
This is a common requirement to allow motorists and bicyclists to see traffic approaching on the
intersecting street.
Drainage, Erosion Control and Stormwater Management
These typical requirements help achieve the objectives of the City’s Surface Water Management
Plan.
Driveways and Internal Access Roads
This section addresses the number of driveways allowed, their location and their width. Sub-
section (A)(4) limits the width a residential driveway at the property line to 18 feet. Sub-section
(E) allows no more than 16 housing units (except apartments) to be served by a private driveway;
beyond that number, a public street should be used.
Exterior Storage, Commercial or Industrial
This section addresses (A) the outdoor display of commercial merchandise and (B) screening
outdoor storage on industrial sites.
Exterior Storage, Residential
The current zoning code was the source for this detailed section. It addresses the sometimes-
difficult topic of parking wheeled vehicles on residential lots.
Fences
No changes are proposed from the current regulations for residential, commercial and industrial
fences.
Landscaping and Screening
This important, new section provides specific and measurable requirements for planting plans
and other screening for residential, commercial or industrial development. Its purpose is to
soften and beautify development, provide transitions between incompatible land uses, lessen the
subjective judgment often involved in design, and provide fair and even treatment for all
applicants. Some exceptions and deviations are inevitable, but these requirements should make
life easier for all involved and ensure a minimum level of landscaping for all new development.
Lighting, Exterior
The intention here is to allow needed lighting but to keep it on-site as much as practical.
Parking, Off-Street
The required minimum number of off-street parking spaces for commercial or industrial
development has been reduced.
12
Typical standards for commercial or industrial parking, which are usually copied blindly from
one city to the next, have often resulted in an excess number of spaces used, inefficient land use,
increased water run-off, excess reflected heat, increased development costs, and reduced
walkability. Consequently, the minimum parking ratios have been reduced, and more discretion
will be given to the developer to estimate the parking need.
Porches, Decks, Patios and Balconies
These features are sometimes overlooked in zoning codes, but may be subject to abuse.
To promote front porches, a covered front porch or a covered front stoop, with a lateral enclosure
of not more than a balustrade, may encroach into the front yard by up to 6 feet.
Tree Preservation
This current regulation sometimes requires a tree survey and preservation plan prior to land
grading for new development.
16 - Signs
The sign section did not need much in terms of changes, just some reduction in redundancies.
17 - Application Reviews and Procedures
The purpose of this chapter is to identify all decision-making bodies responsible for the review
of applications, the common review requirements for all applications such as deadlines for
submitting an application, and the specific requirements and review procedures for various types
of applications such as the required materials.
Table 917-1 summarizes the general review and decision-making responsibilities of the City
bodies that have roles in the procedures set forth in this chapter.
• R: Recommendation (responsible for review and a recommendation)
• PH: Hearing (public hearing required)
• D: Decision (responsible for the final decision)
• A: Appeal
13
Procedure Development
Review
Committee
Community
Development
Department
Engineering
Department
Building
Official
City
Clerk
Planning
Commission
City
Council
Site Plan
Review *
R D D A
Conditional Use
Permit
R R R R PH - D
Variance R R R R PH - D
Planned-Unit
Development
R R R R PH - D
Comp Plan
Amendment
R R R R PH - D
Map or Text
Amendment
R R R PH - D
Temporary or
Seasonal Use
D A
Administrative
Adjustments
R D D A
Building Permit R D A
Certificate of
Occupancy
R D A
Home
Occupation
D R A
Grading Permit R D D A
Driveway Permit D D A
Sign Permit R-D R
Other Licenses or
Permits
D
* If no variance, conditional use permit, land subdivision or rezoning is involved.
18 - Interpretation, Encroachment and Measurement
Chapter 918, titled Interpretation, Encroachments’ and Measurement, covers these subjects,
which are useful for the administration of the regulations:
General Rules for Interpretation
Common District Requirements
Lot and Parcel Controls
Encroachments Allowed into Required Setback Areas
Heights Limits and Exceptions
14
Rules of Measurement
19 - Rules and Definitions
Chapter 919, Definitions, defines terms that may not have clear dictionary definitions. Any
words not included are to be defined by the dictionary.
20 - Enforcement
Chapter 920, Enforcement, provides a graduated approach to resolving violations of the zoning
code. This chapter has been reviewed by the City Clerk, Heidi Heller.
Duplexes (Two-Family) in the R-1, Low-Density Residential District
Two-family dwellings, or duplexes, were initially discussed as a use that could be allowed as a
Conditional Use in the R-1, Low-Density Residential District, for corner lots only. It is
recommended to table this language and revisit it at a later date in order to have more discussion
around allowing this type of use in the R-1, whether it should be permitted or conditional, and the
location of the duplex, whether on internal lots or corner lots only. Two-family dwellings continue
to be allowed as a Permitted Use within the R-2, R-3, and R-C Districts, with Specific
Requirements located in Chapter 914.
Accessory Dwelling Units, ADUs (Attached and Detached)
An Accessory Dwelling Unit (ADU), also called a granny flat or in-law unit, is a residential unit
that can be added to a lot with an existing single-family home. To be considered an ADU, the unit
must have its own kitchen, bathroom, living area, and entrance. ADUs are typically occupied by a
rent-paying tenant, the property owner’s friends or family, or the property owner themselves.
The discussion of including attached and detached ADUs as permitted and conditional uses has
been discussed with the Planning Commission and City Council at meetings and workshops from
the beginning of this zoning code update process. There has been an analysis of surrounding
communities, discussion, and various draft language provided and review from both bodies. If it
is recommended and approved to include the draft language in the final draft of the zoning code,
then City staff will insert the language in the appropriate sections after adoption of the code.
It was recommended by the Planning Commission to table this language and revisit it at their next
meeting, November 10th, in order to have more discussion.
Public Comment/Community Engagement
Since the beginning of the Zoning Code update process, the City has provided outreach and
community engagement to encourage participation and receive comments from residents, business
owners, stakeholders, Planning Commission, City Council, and city staff. Throughout that process,
the City was able to carefully craft meaningful changes to the zoning code that impacted our
neighborhoods, the business community, and industrial land. In addition, the zoning code update
provided an opportunity to align with the goals and objectives of our 2040 Comprehensive Plan.
The City has received public comments from residents regarding attached and detached Accessory
Dwelling Units throughout this process. The residents have communicated and reached out to city
15
staff, Planning Commission meetings, and City Council meetings in an effort to advocate for the
opportunity to utilize ADUs on their property in the future. There are many reasons to include an
ADU on a property, some of the comments we received included:
• Increase housing supply and the range of housing types available to residents in the City.
• Provide opportunities for existing residents to age in place in the City and promote Age-
Friendly Communities initiative within the 2040 Comprehensive Plan.
• Allow families to support each other across generations while maintaining independent
households and opportunities to age in place.
The recommendation below reflects the comments we received along with guidance from the
Planning Commission, City Council, and city staff for including ADUs within the zoning code.
City Code References
After adoption of the zoning code, City Staff will work to update the section references within the
City Code in order to align with the changes made in the zoning code.
Planning Commission:
The Planning Commission at their October 14, 2021 meeting recommended unanimous approval
for the Zoning Code update. At the meeting, they discussed the additional separate ADU language
in addition to the entire zoning code. There were three people from the public come to speak about
this ADU topic, Councilmember Christian Torkelson, Karen Ryan, and Jill Winegar. Each of them
had various ideas of how to improve and change the language for the ADU portion in order to add
it to the zoning code. The Planning Commission took in the information and thought it was a good
idea to review the language at their next meeting in November, which will occur on November
10th. All of the Planning Commissioners are proponents of ADUs and so they want to make sure
that the language represents the needs of the community as well as the comments heard from the
public.
Public Hearing
A Text Amendment requires a Public Hearing and the City Council will need to open the hearing
at tonight’s meeting to take comment from the public. At that time, they will consider the
comments from the public and the application after the hearing has been closed. A public notice
has been published in the newspaper.
RECOMMENDED ACTIONS
Approve Ordinance No. 856 – An Ordinance Amending Section 900 of the Little Canada Zoning
Code for the City of Little Canada Zoning Code with publication of the summary ordinance.
CITY OF LITTLE CANADA
ORDINANCE NO. 856
AN ORDINANCE AMENDING CHAPTER 900 OF THE
LITTLE CANADA ZONING CODE
THE CITY COUNCIL OF THE CITY OF LITTLE CANADA, MINNESOTA
ORDAINS: Chapter 900 is amended as follows:
Section 1
SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary
is approved by the City Council and shall be published in lieu of publishing the entire
ordinance:
The purpose of this ordinance is to update and amend the full Zoning Code Chapter 900
including the following sections: General Provisions, Zoning Districts, Residential
Districts, Commercial Districts, Industrial Districts, Public and Semi-Public District,
Wetlands Overlay District, Floodplain Management Overlay District, Shoreland Overlay
District, Planned Unit Development Overlay District, Temporary Uses and Structures,
Non-Conforming Uses, Specific Development Requirements, General Development
Requirements, Signs, Application Review Procedures, Interpretation, Encroachment and
Measures, Definitions, and Enforcement.
Section 2
Effective Date: This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED by the City Council of Little Canada this 27th day of October, 2021.
CITY OF LITTLE CANADA
John T. Keis, Mayor
ATTESTED BY:
Christopher Heineman, City Administrator
MINUTES
PLANNING COMMISSION
OCTOBER 14, 2021
3
Commissioner Thorson asked if any request for a drive-thru window would require a conditional
use permit.
The Community Development Director replied that is the correct process in the current zoning
code. She stated that the proposed changes to the City Code would simplify that process and
eliminate the need for a conditional use permit. She explained that the conditions are instead
listed as requirements for that type of use.
Acting Chair Kwapick stated that he is partial to having a conditional use permit for a drive-thru
but agreed that this is a good location for that type of use.
Kulousek introduced the following motion:
RECOMMENDING THE APPROVAL OF A CONDITIONAL USE PERMIT TO
ALLOW DRIVE-UP WINDOW SERVICE AND ARCHITECTURAL DESIGN
REVIEW, LOCATED AT 2640 RICE STREET, PARCEL ID 072922220025
The foregoing motion was duly seconded by Quarles.
Ayes (4). Nays (0). Motion passed.
The Community Development Director reported that this will move forward to the City Council
on October 27, 2021.
COMMISSION BUSINESS: ZONING TEXT AMENDMENT – FINAL DRAFT ZONING
CODE UPDATE
The Community Development Director stated that this is the final review of the draft zoning
code update. She reviewed the timeline for this process which began in January, working
through each chapter of the zoning code and scheduled for a public hearing at the City Council
meeting later this month. She summarized the objectives of the update and reviewed the process
that was followed and the stakeholders that provided input. She highlighted some of the major
changes that were made. She provided additional information on accessory dwelling units
(ADUs).
Acting Chair Kwapick stated that the Commission is being asked to review the final draft zoning
code update and asked for any comments or questions from the Commission. He noted that this
has been thoroughly discussed by the Commission prior to the review tonight. He commented
that this update will be great for the City and will simply the process for businesses and make the
Code more user friendly. He expressed appreciation for the amount of work that has gone into
this process.
Acting Chair Kwapick welcomed input on accessory dwelling units. He welcomed input from
the residents in attendance.
MINUTES
PLANNING COMMISSION
OCTOBER 14, 2021
4
Christian Torkelson, 2995 Vanderbie Street, referenced the proposed minimum lot sizes for
ADUs, noting that it would be nice to see that size paired down slightly in R-1 and R-2 in order
to provide the opportunity to more residents. He provided a chart with suggested lot sizes for R-
1 and R-2 for both attached and detached ADUs. He stated that he would propose to keep R-3 as
drafted. He felt that the changes would allow this opportunity to be more accessible to more
residents. He referenced the section which specifies a maximum size for an accessory dwelling
unit. He stated if the space is added above a garage, it may then exceed 700 square feet in order
to match the footprint. He stated that he would propose to use the existing garage size thresholds
along with the maximum structure coverage limitations in order to determine the maximum size
for an ADU.
Karen Ryan, 2570 McMenemy Street, stated that she has been contemplating an ADU on her
property for 20 years and agrees that 700 square feet or 40 percent of the dwelling size is very
restrictive. She commented that she was not aware of a senior that would be comfortable living
in a studio size space. She agreed with the recommendations suggested by the previous speaker
to use lot coverage. She asked for clarification on the definition of rear lot, compared to side lot.
She stated that she would like to build an ADU on one end of the lot, with the principal home on
the other side and therefore would like to have a driveway into the ADU to prevent a situation
where someone needs to walk from the driveway, across the lot, to the ADU.
Jill Winegar, 707 Labore Road, stated that she also shares the comments of the first speaker. She
stated that she has a small home with a large lot and therefore the 40 percent limitation would
only allow her to have an ADU of 340 square feet in size. She desired a different way to
calculate the allowed size of an ADU in order to be proportionate to the property. She stated that
she also agrees that if an ADU is constructed above a garage, it should match the footprint of the
garage and not be a smaller portion of that.
Commissioner Quarles stated that there are other municipalities which use the language, not in
the front yard rather than using rear or side yard. She stated that she would also support using
the lot coverage percentage as a regulator for size of an ADU. She stated that she would use the
existing read and side yard setbacks. She noted that she does not have an opinion at this time
related to parking. She stated that the City is allowing this type of use on smaller lots, which
also means that standards have to be tight in order to ensure the use would fit onto the property
in a proportionate manner.
Commissioner Thorson stated that he agrees that the parameters for allowed ADU size are
restrictive and would support using the methods mentioned by the residents. He asked if
driveways would be allowed for an ADU.
Planning Consultant Bill Weber stated that the language currently does not allow a second
driveway for an ADU, as the use is meant to be accessory rather than a second dwelling with its
own access.
MINUTES
PLANNING COMMISSION
OCTOBER 14, 2021
5
Mr. Thorsen asked if there are currently restrictions on curb cuts and the number of driveways a
property can have based on linear frontage.
Mr. Weber confirmed that there are regulations for a single-family home to have only one
driveway that cannot be wider than 18 feet at the property line. He stated that the width can
expand as it goes closer to the home.
Mr. Thorsen stated that perhaps properties over one acre, a second driveway would be
reasonable.
Commissioner Quarles stated that she understands some of the comments were focused on the
size of the ADU. She stated that the limitation is necessary to ensure that this remains an
accessory use rather than creating a duplex or having two homes of similar size on the lot.
The Community Development Director stated that staff can review the issue of ADUs, the
comments made tonight, and bring that back to the Commission for further review.
Acting Chair Kwapick stated that he would support tabling ADUs to continue discussion in
November.
Commissioner Thorson stated that he agrees, noting that three members of the Commission are
not present tonight.
Thorson introduced the following motion:
RECOMMENDING THE APPROVAL OF THE ZONING TEXT AMENDMENT
FOR THE ZONING CODE UPDATE WITH CONSIDERATION OF SPECIFIC
REQUIREMENTS
The foregoing motion was duly seconded by Kulousek.
Ayes (4). Nays (0). Motion passed.
Thorson introduced the following motion:
TABLE THE DISCUSSION ON ACCESSORY DWELLING UNITS TO THE
NOVEMBER COMMISSION MEETING
The foregoing motion was duly seconded by Kulousek.
Ayes (4). Nays (0). Motion passed.
CITY OF LITTLE CANADA
RAMSEY COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 856
AN ORDINANCE AMENDING ENTIRE LITTLE CANADA ZONING CODE CHAPTER 900
The City Council of the City of Little Canada, Ramsey County, Minnesota does hereby ordain:
SECTION 1.
Chapter 900 of the Little Canada Zoning Code shall be repealed and replaced in its entirety.
SECTION 2. The City Council of the City of Little Canada hereby replaces Chapter 900 of the
Little Canada Zoning Code in its entirety as follows:
Section 900: Table of Contents
Section 901: Title
Section 902: General Provisions
Section 903: Zoning Districts
Section 904: Residential Districts
Section 905: Commercial Districts
Section 906: Industrial Districts
Section 907: Public and Semi-Public District
Section 908: Wetlands Overlay District
Section 909: Floodplain Management Overlay District
Section 910: Shoreland Overlay District
Section 911: Planned-Unit Development Overlay District
Section 912: Temporary Uses and Structures
Section 913: Non-Conforming Uses and Structures
Section 914: Specific Development Requirements
Section 915: General Development Requirements
Section 916: Signs
Section 917: Application Reviews and Procedures
Section 918: Interpretation, Encroachment and Measurement
Section 919: Definitions
Section 920: Enforcement
Page i
City of Little Canada
City Code Chapter 900, Zoning
Table of Contents
901 Title .................................................................................................................. 901-1
901.010 Title .................................................................................................................. 901-1
902 General Provisions .......................................................................................... 902-1
902.010 Authority ........................................................................................................... 902-1
902.020 Ordinance Purpose ............................................................................................ 902-1
902.030 Effective Date .................................................................................................... 902-2
902.040 Applicability ..................................................................................................... 902-2
902.050 Relationship to the Comprehensive Plan .......................................................... 902-2
902.060 Relationship to Other Laws and Agreements ................................................... 902-2
902.070 Transitional Regulations ................................................................................... 902-3
902.080 Severability ....................................................................................................... 902-4
903 Zoning Districts .............................................................................................. 903-1
903.010 General Provisions ............................................................................................ 903-1
903.020 Districts Established ......................................................................................... 903-2
904 Residential Districts ........................................................................................ 904-1
904.010 Principal and Accessory Uses in the Residential Districts ........................... 904-1
904.020 R-1, Low-Density Residential District ............................................................. 904-4
904.030 R-2, Medium-Density Residential District ....................................................... 904-7
904.040 R-3, High-Density Residential District ........................................................... 904-11
904.050 R-4, Manufactured Home District .................................................................. 904-14
904.060 R-C, Residential-Commercial District ............................................................ 904-16
905 Commercial Districts ...................................................................................... 905-1
905.010 Principal and Accessory Uses in the Commercial Districts ............................. 905-1
905.020 C-1, General Commercial District .................................................................... 905-7
905.030 C-M, Corridor Mixed District ........................................................................... 905-9
906 Industrial Districts .......................................................................................... 906-1
906.010 Principal and Accessory Uses in the Industrial Districts .................................. 906-1
906.020 I-1, Limited Industrial District .......................................................................... 906-4
906.030 I-2, Industrial Park District ............................................................................... 906-5
907 Public and Semi-Public District .................................................................... 907-1
907.010 Purpose .............................................................................................................. 907-1
907.020 Permitted Principal Uses ................................................................................... 907-1
907.030 Permitted Accessory Uses ................................................................................ 907-1
Table of Contents
Page ii
907.040 Interim Uses ...................................................................................................... 907-2
907.050 Conditional Uses ............................................................................................... 907-2
907.060 Land Requirements and Setbacks ..................................................................... 907-3
907.070 Height ............................................................................................................... 907-4
908 Wetlands Overlay District ............................................................................. 908-1
908.010 Purpose .............................................................................................................. 908-1
908.020 Intent .................................................................................................................. 908-1
908.030 Applicability ..................................................................................................... 908-1
908.040 Wetland Delineation ......................................................................................... 908-1
908.050 Lowest Floor Elevation .................................................................................... 908-1
908.060 Retention in a Natural State .............................................................................. 908-2
908.070 On-Site Sewage Systems .................................................................................. 908-2
908.080 Buffers .............................................................................................................. 908-2
908.090 Setback from Wetland Buffers ......................................................................... 908-3
908.100 Dedication to the City ....................................................................................... 908-4
909 Floodplain Management Overlay District .................................................... 909-1
909.010 Statutory Authorization and Provisions ............................................................. 909-1
909.020 General Provisions ............................................................................................. 909-1
909.030 Zoning Districts ................................................................................................. 909-4
909.040 Floodway District .............................................................................................. 909-4
909.050 Flood Fringe District ......................................................................................... 909-7
909.060 Procedure for Determining 100-year Flood Elevations ................................... 909-10
909.070 Subdivisions .................................................................................................... 909-11
909.080 Public Utilities, Railroads, Roads and Bridges ............................................... 909-11
909.090 Manufactured Home Parks .............................................................................. 909-12
909.100 Administration ................................................................................................. 909-13
909.110 Non-Conforming Uses .................................................................................... 909-17
909.120 Penalties for Violation .................................................................................... 909-18
910 Shoreland Overlay District ........................................................................... 910-1
910.010 General Provisions ............................................................................................. 910-1
910.020 Designation of Types of Land Use .................................................................... 910-1
910.030 Minimum Lot and Setback Requirements ......................................................... 910-3
910.040 Shoreland Alterations ........................................................................................ 910-5
910.050 Special Provisions for Commercial and Industrial Land Uses .......................... 910-7
910.060 Conditional Uses................................................................................................ 910-8
910.070 Variances ........................................................................................................... 910-8
910.080 Subdivision and Platting Provisions .................................................................. 910-9
910.090 Notifications to the Department of Natural Resources .................................... 910-10
910.100 Planned-Unit Developments ........................................................................... 910-10
910.110 Development of Substandard Lots................................................................... 910-15
Table of Contents
Page iii
911 Planned Unit Development Overlay District ................................................ 911-1
911.010 Purpose .............................................................................................................. 911-1
911.020 Relationship to other Applicable Regulations .................................................. 911-1
911.030 Platting Requirement ......................................................................................... 911-1
911.040 Minimum Project Size ....................................................................................... 911-1
911.050 Phasing of Development ................................................................................... 911-2
911.060 Administration .................................................................................................. 911-2
911.070 Principal and Accessory Uses in the PUD Overlay District ............................. 911-2
911.080 Development Standards in the PUD Overlay District ...................................... 911-3
912 Temporary Uses and Structures ................................................................... 912-1
912.010 Purpose .............................................................................................................. 912-1
912.020 Table of Allowed Uses and Structures ............................................................. 912-1
912.030 General Standards for Temporary Uses and Structures .................................... 912-2
912.040 Specific Regulations for Certain Temporary Uses and Structures .................... 912-2
913 Non-Conforming Uses and Structures .......................................................... 913-1
913.010 Purpose .............................................................................................................. 913-1
913.020 General Provisions ............................................................................................. 913-1
913.030 Manufactured Housing Parks ........................................................................... 913-2
914 Specific Development Requirements ............................................................ 914-1
914.010 Adult Businesses................................................................................................ 914-2
914.020 Animal Clinics .................................................................................................. 914-3
914.030 Antennas and Towers; Cellular Telephone Facilities ....................................... 914-3
914.040 Bars or Taverns; Sale of Intoxicating Liquors ................................................... 914-8
914.050 Bed-and-Breakfast Homes ................................................................................ 914-8
914.060 Car Washes ........................................................................................................ 914-9
914.070 Child Care, Drop-In Program ........................................................................... 914-9
914.080 Convenience Stores ........................................................................................... 914-9
914.090 Day Care Facilities, Child, Commercial ........................................................... 914-9
914.100 Drive-Up Window Service ............................................................................... 914-9
914.110 Garages, Residential ......................................................................................... 914-9
914.120 Group Home or Residential Care Facility, Overnight ...................................... 914-9
914.130 Home Occupations ........................................................................................... 914-9
914.140 Manufactured Housing Parks ......................................................................... 914-13
914.150 Manufacturing. Potentially Hazardous Materials, Products or Emissions ..... 914-16
914.160 Manufacturing of Products from Stone, Clay or Concrete ............................. 914-16
914.170 Residential Care Facility ................................................................................ 914-16
914.180 Restaurant, Outdoor Seating or Drive-In Service ........................................... 914-17
914.190 Schools, K-12, Public or Private ..................................................................... 914-17
914.200 Solar Energy Systems ..................................................................................... 914-17
914.210 Swimming Pools, Spas and Hot Tubs.............................................................. 914-17
Table of Contents
Page iv
914.220 Vehicle Fuel and Service Stations ................................................................... 914-18
914.230 Vehicle Repair, Mechanical ........................................................................... 914-19
914.240 Vehicle Repair, Body ..................................................................................... 914-19
914.250 Vehicle Sales, New or Used Autos, Light Trucks, Motorcycles .................... 914-19
915 General Development Requirements ............................................................ 915-1
915.010 Purpose ............................................................................................................. 915-1
915.020 Accessory Buildings in Residential Districts, Generally ................................. 915-1
915.030 Corner Sight Triangles ...................................................................................... 915-3
915.040 Construction Materials, Exterior ...................................................................... 915-3
915.050 Drainage, Erosion Control, and Stormwater Management ............................... 915-4
915.060 Driveways and Private Internal Access Roads .................................................. 915-4
915.070 Dwelling Unit Restrictions ............................................................................... 915-5
915.080 Emissions ........................................................................................................... 915-5
915.090 Essential Services ............................................................................................. 915-6
915.100 Explosive and Flammable Materials; Hazardous Materials ............................. 915-7
915.110 Exterior Storage – Commercial or Industrial .................................................... 915-8
915.120 Exterior Storage and Parking – Residential ...................................................... 915-9
915.130 Fences ............................................................................................................. 915-13
915.140 Landscaping and Screening ............................................................................. 915-17
915.150 Lighting, Exterior ........................................................................................... 915-24
915.160 Loading ........................................................................................................... 915-25
915.170 Parking, Off-Street........................................................................................... 915-26
915.180 Porches, Decks and Patios .............................................................................. 915-31
915.190 Relocating Houses or other Structures ........................................................... 915-31
915.200 Utilities, Private .............................................................................................. 915-32
916 Signs .................................................................................................................. 916-1
916.010 Purpose .............................................................................................................. 916-1
916.020 Permitted and Prohibited Signs ......................................................................... 916-1
916.030 General Provisions ............................................................................................ 916-3
916.040 Non-Conforming Signs ..................................................................................... 916-5
916.050 District Regulations .......................................................................................... 916-6
916.060 Fees, Licenses and Permits .............................................................................. 916-10
916.070 Waiver of Requirements as to Location Signs ............................................... 916-11
916.080 Severability ..................................................................................................... 916-11
917 Application Review Procedures .................................................................... 917-1
917.010 Purpose ............................................................................................................. 917-1
917.020 Summary of Review and Decision-Making Bodies ......................................... 917-1
917.030 Common Review Procedures and Requirements ............................................. 917-5
917.040 Comprehensive Plan Amendment ................................................................... 917-10
917.050 Zoning Map or Text Amendment .................................................................... 917-11
917.060 Site Plan Review and Approval ....................................................................... 917-13
Table of Contents
Page v
917.070 Conditional Use Permit .................................................................................. 917-17
917.080 Variance ........................................................................................................... 917-19
917.090 Planned Unit Development ............................................................................. 917-21
917.100 Temporary or Interim Use Permit ................................................................... 917-21
917.110 Administrative Adjustment ............................................................................. 917-24
917.120 Building Permit................................................................................................ 917-26
917.130 Certificate of Occupancy ................................................................................. 917-26
917.140 Home Occupation Permit ............................................................................... 917-27
917.150 Grading, Drainage and Erosion Control Permit ............................................. 917-29
917.160 Driveway Permit ............................................................................................. 917-29
917.170 Plats ................................................................................................................ 917-30
917.180 Sign Permits .................................................................................................... 917-31
917.190 Other Licenses and Permits ............................................................................. 917-31
918 Interpretation, Encroachment and Measurement ........................................ 918-1
918.010 General Rules for Interpretation ....................................................................... 918-1
918.020 Common District Requirements ....................................................................... 918-2
918.030 Lot and Parcel Controls .................................................................................... 918-3
918.040 Encroachments Allowed into Required Setback Areas .................................... 918-5
918.050 Heights Limits and Exceptions ......................................................................... 918-5
918.060 Rules of Measurement ...................................................................................... 918-6
919 Definitions ........................................................................................................ 919-1
919.010 Definitions ........................................................................................................ 919-1
920 Enforcement .................................................................................................... 920-1
920.010 Purpose .............................................................................................................. 920-1
920.020 Compliance Required ....................................................................................... 920-1
920.030 Violations ......................................................................................................... 920-1
920.040 Responsible Persons ......................................................................................... 920-2
920.050 Enforcement Generally ..................................................................................... 920-2
920.060 Remedies and Penalties .................................................................................... 920-4
Page 1-1
CHAPTER 901 TITLE
901.010 Title .............................................................................................................................. 1-1
901.010 Title
The Ordinance shall be known as "Little Canada Zoning Ordinance" except as referred to herein,
where it shall be known as "this ordinance."
Page 2-1
1
2
CHAPTER 902 GENERAL PROVISIONS 3
902.010 Authority ........................................................................................................... 902-1 4
902.020 Ordinance Purpose ............................................................................................ 902-1 5
902.030 Effective Date .................................................................................................... 902-2 6
902.040 Applicability ..................................................................................................... 902-2 7
902.050 Relationship to the Comprehensive Plan .......................................................... 902-2 8
902.060 Relationship to Other Laws and Agreements ................................................... 902-2 9
902.070 Transitional Regulations ................................................................................... 902-3 10
902.080 Severability ....................................................................................................... 902-4 11
12
902.010 Authority 13
This ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, 14
Minnesota Statutes. 15
902.020 Ordinance Purpose 16
A. This ordinance is adopted for the following purposes: 17
1. To implement the policies of the City of Little Canada Comprehensive Plan; 18
2. To protect the public health, safety, and general welfare of the community and its people 19
through the establishment of regulations governing development and use; 20
3. To promote orderly development and redevelopment; 21
4. To protect the established use areas; 22
5. To provide convenient access to property; 23
6. To reduce congestion in the public right-of-way; 24
7. To prevent overcrowding of land and undue concentration of structures by regulating 25
land, buildings, yards, and allowed residential densities; 26
8. To provide for compatibility of different land uses; 27
9. To provide for administration and enforcement of this ordinance; 28
10. To provide for amendments; 29
11. To prescribe penalties for violation of such regulations; and 30
12. To define powers and duties of the City staff, the City Council, the Planning 31
Commission, and the City Council in relation to the Zoning Ordinance. 32
In their interpretation and application, the provisions of this ordinance shall be held as the 33
minimum requirements for the promotion of public health, safety, and welfare. 34
902.030 Effective Date 35
This ordinance shall be effective on and after <date ordinance is effective>. The adoption of this 36
ordinance shall not be construed to confer any protected legal status on uses in existence prior to 37
the effective date that did not conform to previous ordinance provisions. Uses that were illegal 38
Chapter 902 General Provisions Relations
Page 2-2
under previous ordinance provisions shall not be converted to a legal non- conforming use by 1
reason of adoption of this ordinance.2
902.040 Applicability 3
This ordinance is applicable to all land located within the City both now and as may be 4
incorporated in the future. The use of land and buildings or structures, and the construction, 5
reconstruction, alteration, expansion, or relocation of buildings or structures shall conform to the 6
provisions of this ordinance. 7
902.050 Relationship to the Comprehensive Plan 8
It is the policy of the City of Little Canada that the Comprehensive Plan is the City’s guiding 9
document for the regulation of land use and development. The enforcement, amendment, and 10
administration of this ordinance is to be accomplished with due consideration of the 11
recommendations contained in the Comprehensive Plan as developed and amended from time to 12
time by the Planning Commission and City Council of the City. 13
902.060 Relationship to Other Laws and Agreements 14
A. Conflict with Other Public Laws, Chapters, Regulations, or Permits 15
1. This ordinance is intended to complement other municipal, state, and federal regulations 16
that affect land use. This ordinance is not intended to revoke or repeal any other public 17
law, ordinance, regulation, or permit. 18
2. Where the provisions of this ordinance impose greater restrictions than those of any 19
statute, other chapter or regulation; the provisions of this ordinance shall apply, except 20
as prohibited by Statute. 21
3. Where the provisions of any statute, other chapter or regulation impose greater 22
restrictions than this ordinance, the provisions of that statute, other chapter or regulation 23
shall apply. 24
B. Conflict with Private Agreements 25
1. The existence of any easement, covenant, or other private agreement with respect to 26
property affected by this ordinance shall not affect the duty of any interested person to 27
comply with this ordinance. 28
2. The City shall have no obligation to waive or modify the requirements of this ordinance 29
to conform to private agreements, nor shall it be obligated to enforce such agreements. 30
C. Conflict Between Standards in this Ordinance 31
In the event of conflict between one or more of the standards in this ordinance, priority shall 32
be established based on the following descending hierarchy: 33
1. Overlay Zoning District Requirements; 34
2. Base Zoning District Requirements; 35
3. Rules of Measurement in Section 915.060; and 36
4. Chapter 902, General Provisions. 37
For instance, if an overlay district standard conflicts with a base district standard, the overlay 38
district standard shall control and take precedence.39
Transitional Regulations Chapter 902 General Provisions
Page 2-3
D. Conflicts with Other Standards 1
In cases where two or more standards conflict within the same hierarchy category identified 2
in Sub-Section (C), above, the more restrictive standard shall not necessarily control. For 3
example, if two overlay zoning district requirements conflict, this subsection shall apply. The 4
determination as to which control applies shall be made by the City Council. The following 5
standards shall govern the Council in issuing use interpretations: 6
1. Greater consistency with the goals and objectives contained within the adopted 7
Comprehensive Plan; 8
2. More supportive of the purposes of this ordinance as described in Chapter 902.020, 9
Ordinance Purpose; 10
3. Increased compatibility with adjacent development and surrounding community 11
character; 12
4. Enhanced environmental quality and natural resource protection; 13
5. Greater protection and preservation of historic and cultural resources; and 14
6. A superior level of building form, design, or architecture. 15
902.060 Transitional Regulations 16
A. Purpose 17
The purpose of transitional regulations is to resolve the status of properties with pending 18
applications and properties with outstanding violations, at the time of the adoption of this 19
ordinance. 20
B. Violations Continue 21
Any violation of previous versions of this ordinance shall continue to be a violation under this 22
ordinance and shall be subject to the penalties and enforcement set forth in Chapter 920, 23
Enforcement, unless the use, development, construction, or other activity complies with the 24
provisions of this ordinance. 25
C. Uses, Structures, and Lots Rendered Nonconforming 26
Where any use, building, structure, or lot that legally existed on the effective date of this 27
ordinance does not meet all standards set forth in this ordinance, such building, structure, lot 28
or parcel shall be subject to the requirements of Chapter 913, Non-Conforming Uses and 29
Structures. 30
D. Existing Legal Nonconformities 31
Legal nonconforming lots of record and uses that existed on the effective date of this 32
ordinance shall be controlled by Chapter 913, Non-Conforming Uses and Structures. 33
E. Processing of Applications Commenced or Approved Under Previous Ordinances 34
1. Pending Application 35
(a) Any complete application that has been submitted or accepted for review, but upon 36
which no final action has been taken by the appropriate decision-making body prior 37
to the effective date of this ordinance, shall be reviewed in accordance with the 38
provisions of ordinances in effect on the date the application was deemed complete 39
by the City. 40
Chapter 902 General Provisions Severability
Page 2-4
(b) An applicant with a pending application may waive the review available under the 1
prior ordinance through a written letter to the Planning Director, and instead 2
request review under the provisions of this ordinance. 3
2. Approved Projects 4
(a) Approved land use and other related actions by the City of Little Canada authorized 5
under the prior ordinance, including Building Permits that are valid on the effective 6
date of this ordinance, shall remain valid until their expiration date, where 7
applicable. 8
(b) Projects with valid approvals or permits shall comply with the requirements of this 9
ordinance where the standards will not materially affect the project. Where use of 10
these standards would materially affect the project, the project shall be completed 11
pursuant to the development standards in effect at the time of approval, provided 12
that the permit or approval is valid and has not lapsed. 13
(c) Any building or development for which a Building Permit was granted prior to the 14
effective date of this ordinance shall be permitted to proceed as permitted or 15
approved, even if such building or development does not conform to the provisions 16
of this ordinance, as long as the Building Permit remains valid. 17
(d) Building permits authorized in accordance with the ordinance existing prior to the 18
effective date of this ordinance shall still be valid, but shall not be renewed if the 19
permit expires. All future permits shall only be issued if in compliance with the 20
requirements of this ordinance. 21
902.070 Severability 22
A. Provisions 23
If any court of competent jurisdiction invalidates any provision of this ordinance, then such 24
judgment shall not affect the validity and continued enforcement of any other provision of 25
this ordinance. 26
B. Properties 27
If any court of competent jurisdiction invalidates the application of any provision of this 28
ordinance to a particular property, structure, or situation, then such judgment shall not affect 29
the application of that provision to any other building, structure, or situation not specifically 30
included in that judgment. 31
C. Approvals 32
If any court of competent jurisdiction rules invalid any condition attached to an approval 33
under this ordinance, then such judgment shall not affect any other conditions or 34
requirements attached to the same approval that are not specifically included in that 35
judgment. 36
D. Administrative Actions 37
Whenever a condition or limitation is included in an administrative action authorizing 38
regulatory activity, then it shall be conclusively presumed that the authorizing officer, 39
commission, or board considered such condition or limitation necessary to carry out the spirit 40
and intent of this ordinance, and that the officer, commission, or board would not have 41
granted the authorization to which the condition or limitation pertained except in the 42
determination that the condition or limitation was lawful. 43
Transitional Regulations Chapter 902 General Provisions
Page 2-5
E. Appeals 1
No judgment of any court of competent jurisdiction shall be considered final until all appeals 2
therefore have been exhausted. 3
Page 3-1
CHAPTER 903 ZONING DISTRICTS
903.010 General Provisions ............................................................................................ 903-1
903.020 Districts Established ......................................................................................... 903-2
903.010 General Provisions
A. Adoption of Zoning Map
The map entitled City of Little Canada Official Zoning Map, hereinafter referred to as the
“zoning map,” and all explanatory matters thereon, are hereby adopted and made a part of
this ordinance. Questions concerning a zoning designation or boundaries of a zoning
district shown on the zoning map shall be resolved by referring back to the previously
adopted ordinances delimiting the districts and boundaries.
A copy of the official zoning map is shown on a subsequent page. However, this copy may
be out of date and, thus, the Community Development Department should be contacted to
verify the zoning of any property.
B. Types of Zoning Districts
Land within the City is generally classified by this ordinance to be within one of a number
of base zoning districts. Land within any base zoning district may also be classified into one
or more overlay zoning districts, in which case regulations governing development in the
overlay district shall apply in addition to the regulations governing development in the
underlying base zoning district, unless expressly stated otherwise.
C. District Boundaries
1. The boundaries of the districts are established as shown on the zoning map.
2. Unless otherwise indicated on the zoning map, the district boundaries are parcel lines
or the corporate limit lines, as they existed at the time of the enactment of this
ordinance.
3. New base district lines or rezoning lines shall follow parcel lines.
D. Zoning Classifications for Newly Annexed Property
Any land annexed to the City in the future shall initially be placed in the R-1, Low-Density
Residential District, unless placed in another district by action of the City Council after
recommendation of the Planning Commission.
E. Essential Public Services
Essential public services, including public parks but not including government buildings,
are a Permitted Use in any zoning district.
Chapter 903 Zoning Districts Zoning Map
Page 3-2
F. Signs
Signs are a Permitted Accessory Use in any zoning district if they conform to the
regulations of City Code Chapter 916, Signs.
903.020 Districts Established
A. Base Districts
The base residential, business, and industrial zoning districts established by this code are:
Abbreviation District Name R-1 Low-Density Residential District
R-2 Medium-Density Residential District
R-3 High-Density Residential District
R-4 Manufactured Home Residential District
R-C Residential-Commercial District
C-1 General Commercial District
C-M Corridor Mixed District
I-1 Limited Industrial District
I-2 Industrial-Office Park District
P Public and Semi-Public District
B. Overlay Districts
The overlay zoning districts established by this code are:
Abbreviation District Name FP Floodplain Management Overlay District
SO Shoreland Overlay District
W Wetlands Overlay District
PUD Planned-Unit Development Overlay District
C. Classification of Districts
Land shall be classified or reclassified into a base or overlay zoning district only in
accordance with the procedures and requirements set forth in Sub-Chapter 916, Application
Review Procedures.
D. Diagrams and Photographs for Illustrative Purposes Only
Graphics in this Ordinance of physical regulations are for illustrative purposes only, and
may not be consistent with all listed requirements. In all cases, the dimensional requirement
text of this ordinance shall control.
Zoning Map Chapter 903 Zoning Districts
Page 3-3
INSERT OFFICIAL ZONING MAP
Chapter 903 Zoning Districts Zoning Map
Page 3-4
A copy of the official zoning map is shown above. However, this version may be out of
date. Thus, the Community Development Department should be contacted to verify the
zoning or any property.
CHAPTER 904 RESIDENTIAL DISTRICTS
904.010 Principal and Accessory Uses in the Residential Districts ..............................904-1
904.020 R-1, Low-Density Residential District ................................................................ 904-4
904.030 R-2, Medium-Density Residential District .......................................................... 904-7
904.040 R-3, High-Density Residential District .............................................................. 904-11
904.050 R-4, Manufactured Home District ..................................................................... 904-14
904.060 R-C, Residential-Commercial District ............................................................... 904-16
904.010 Principal and Accessory Uses in the Residential Districts
A. Summary Tables of Principal and Accessory Uses
All Principal Uses allowed in the residential districts are summarized in Table 904-1 and
listed in the Chapters for the individual zoning districts. All Accessory Uses are
summarized Table 904-2 and listed in the Chapters for the individual zoning districts.
B. Permitted Uses
Principal Uses specified with a “P” are permitted by-right in the district or districts where
designated, provided that the use complies with all other applicable provisions of this
ordinance. Essential public services and signs are Permitted Uses in any zoning district.
C. Conditional Uses
Principal Uses specified with a “C” are allowed as a conditional use in the district or
districts where designated, upon approval by the City Council. The City staff may grant the
approval if the use complies with all other applicable provisions of this ordinance.
D. Accessory Uses and Structures
Accessory uses, buildings and structures located within a residential district shall comply
with the provisions of Chapter 914, Specific Development Requirements, and Chapter 915,
General Development Requirements, for conditions that must be met for approval of certain
Accessory Uses.
E. Prohibited Uses
Any use not listed as either “P” (permitted) or “C” (conditional) in a particular district or
any use not determined by the Community Development Director to be substantially
similar to a use listed as permitted or conditional in a particular district shall be prohibited
in that district. Such determination shall be made in the manner provided for in Section
902.060, which addresses conflicts between substantially similar uses.
F. Specific Development Requirements
Principal Permitted and Conditional uses indicated under the Specific Development
Standards column shall be subject to the standards identified in Chapter 914, Specific
Development Standards.
Page 904-1
Chapter 904 Residential Districts Principal and Accessory Uses
G. General Development Requirements
Development of land for multi-family residential, schools, places of worship, parks or
other non-residential purposes shall conform to the requirements for traffic circulation,
landscape design, fencing, lighting and other considerations as specified in Chapter 915,
General Development Requirements.
H. Dimensional Requirements in the Residential Districts
Dimensional requirements for the residential districts are presented under Sections 904.020
through 904.050, the R-1 District through the R-4 District.
Table 904-1: Summary of the Principal Permitted and Conditional Land Uses in the
Residential Districts
P: Permitted C: Conditional --: Not allowed
Zoning Districts Specific
Requirements
Land Uses
R-1 R-2 R-3 R-4 R-C
Residential Uses
Detached single-family buildings P P -- P -- Chapter 914
Two-family dwellings -- P P -- P Chapter 914
Garages, attached P P P P P Chapter 914
Manufactured home parks -- -- -- P -- Chapter 914
Multiple-unit buildings, up to 8
units
-- P P -- P Chapter 914 –
design standard
Multiple-unit buildings, more than
8 units
-- -- P -- Chapter 914 –
design standards
Multiple-family buildings restricted
to seniors
-- -- P -- P Chapter 914
Over-night care facility or group
home, State-licensed or non-
licensed, serving 6 or fewer
persons
P P C -- P Chapter 914
Over-night care facility or group
home, State-licensed or non-
licensed, serving 7 through 16
persons
-- C C -- P Chapter 914
Commercial Uses
Bed-and-breakfast homes P P P -- P Chapter 914
Boarding of 1 or 2 people p p p p p Chapter 914
Day care, commercial child P Chapter 914
Medical clinics P
Mixed residential and commercial
buildings
-- -- -- -- P
Nursing homes -- -- -- P P
Offices -- -- -- -- P Chapter 914
Page 904-2
Principal and Accessory Uses Chapter 904 Residential Districts
Page 904-3
Zoning Districts Specific
Requirements
Land Uses
R-1 R-2 R-3 R-4 R-C
Retail and/or service businesses
not exceeding 10,000 square feet
per building
P
Temporary or seasonal businesses P Chapter 914
Public and Semi-Public Uses
Essential services p p p p p
Places of public worship p p p p p
Public parks; park buildings p p p p p
Schools, K-12 C C C C C
Table 904-2: Summary Table of Accessory Land Uses in the Residential Districts
Zoning Districts Specific
Requirements
Land Uses
R-1 R-2 R-3 R-4 R-C
Antennas or Towers -- or C -- or C -- or C -- or C -- or C Chapter 914
Child care, in-home, drop-in
program
P P P P P Chapter 914
Children’s play equipment P P P P P
Day care, in-home, State-licensed,
serving 14 or fewer children or 12
or fewer adults
P P P P P Chapter 914
Day care, in-home, State-licensed,
up to 16 adults or children
-- C C C P Chapter 914
Day care, children, religious or
school setting
P P P P P Chapter 914
Electric vehicle charging stations P P P P P
Garages, detached P P P P P Chapter 914
Greenhouses P P P P P
Home occupations P P P P P Chapter 914
Manufactured home park office,
community building or storm
shelter
-- -- -- P -- Chapter 914
Screen houses; gazebos P P P P P
Solar energy systems P P P P P Chapter 914
Storage buildings P P P P P
Swimming pools; hot tubs P P P P P Chapter 914
Wind energy conversion systems -- -- -- -- --
Chapter 904 Residential Districts R-1, Low-Density Residential District
904.020 R-1, Low-Density Residential District
A. Purpose
The purpose of the R-1, Low-Density Residential District, is to allow single-family,
detached houses at a density of up to approximately 4 houses per net acre (that is, not
counting public streets and wetlands).
B. Permitted Principal Uses
1. Refer to Table 904-1.
2. Some Permitted Uses have requirements that are presented in Chapter 914, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses
1. Refer to Table 904-1.
2. Refer to Chapter 914 for requirements that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
D. Accessory Uses
1. Refer to Table 904-2.
2. Refer to Chapter 914, Specific Development Requirements, and Chapter 915, General
Development Requirements, for certain Accessory Use conditions.
3. Tents or similar structures without foundations or footings may not be used as
accessory buildings.
E. Dimensional Requirements
Table 904-3: Required Setbacks, R-1 District
Note: The distinction between parcels created before or after 2008 has been removed. These
dimensions are changed slightly, as shown, from the 2008 dimensions.
Front Side Corner Side Rear Wetland, Lake or
Storm Pond
Single-Unit
Dwelling
30 1, 2, 3 7.5 4
20 5
30
40
30
Chapter 915
Driveway Not applicable 5
Silent
20
Silent
-- Chapter 915
Parking 6 10 5 20 5 Chapter 915
Porch 222 7.5 202 30
Deck 222 7.5 202 30
1 The front setback shall be applied as a “build-to” distance except in instances of “setback
averaging” as allowed by #2, below. See Table 904-6 for garage setbacks.
2. If two or more existing houses on the same side of the block have front setbacks other than the
standard, the setbacks for the remaining lots on that side of the block shall be the average
setback of the existing houses.
3. A covered front porch or a covered front stoop, with a lateral enclosure of not more than a
balustrade, may encroach into the front yard setback by up to 6 feet.
4. Any parcel of land upon which a single-family residence was constructed prior to June 25, 1980
shall maintain a minimum 5-foot interior side yard setback for the principal building, future
attached additions to such building, and from any existing or newly created lot lines.
5 If an adjacent house has a front yard facing the side street, then the corner side setback shall
Page 904-4
R-1, Medium-Density Residential District Chapter 904 Residential Districts
equal the front setback of the adjacent house.
6 For turn-arounds, see Chapter 915, General Development Requirements, Residential Parking
Locations.
Table 904-4: Minimum Lot Dimensions, R-1 District
Area Width Depth
Single-Family Detached Building
Interior lot
Corner lot
10,000
11,000
75
80
130
130
Table 904-5: Maximum Structure Height, R-1 District
Feet
Principal Building 1 36
Fences 2
Front Yards
Side or Rear Yards
4
6
1. Or 2.5 stories, whichever is less. See Sub-Chapter 17, Rules of Measurement, Building Height.
2. See also Chapter 915 for additional regulations on fences.
Table 904-6: Garage Dimensions for 1-Unit Buildings
Attached Garages
Front Setback Side
Yard
Setback
Rear
Yard
Setback
Width Area
(max)
Height of
Detached
Garage
Exterior
Wall
Height
Driveway
width at
curb
Same as the
house setback
5
10
5 32 or
50% of the
width of the
entire building
768 __ -- 18
1. If the garage is three stalls wide, the third stall must be set back an additional 2 feet.
Detached Garages
Front Setback Side
Yard
Setback
Rear
Yard
Setback
Width Area
(max)
Height of
Detached
Garage
Exterior
Wall
Height
Driveway
width at
curb
Same as the
house setback
Same as
the house
5 32 768 18 feet
to peak
9 18
Page 904-5
Chapter 904 Residential Districts R-1, Low-Density Residential District
Page 904-6
Table 904-7: Requirements for Accessory Structures, Not Including Garages
One-Unit
Residential Use
Number of Structures Allowed 1
Size of Structure, Maximum 200 sf
Height Maximum 15
Minimum Setbacks *
Front
Side **
Corner Side
Rear
From principal structure
No closer than principal
5
No closer than principal
5
10
* See also Accessory Structures in Chapter 915, General Development Requirements.
** Legally non-conforming accessory buildings constructed on single family parcels prior to June 25,
1980 shall be allowed to be rebuilt at their prior side yard setback distance, provided such setback is
at least 5 feet. Accessory buildings in corner side yards shall set back from the property line the
same distance as the principal building.
*** No permanent structure (one attached to frost-free footings) shall be located in an easement unless
the easement is amended or otherwise allows such structures. A non-permanent structure may be
located in an easement but may have to be moved if the easement-holder demands.
F. Lot Coverage and Tree Preservation
Refer to Chapter 914, Specific Development Requirements.
G. Driveway Width
The maximum width a residential driveway at the property line shall be 18 feet.
H. Specific Development Requirements
Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 914, Specific Development Requirements. Refer to Table 904-1 for
the uses that have specific requirements.
I. General Development Requirements
Development requirements that apply to all uses are presented in Chapter 915, General
Development Requirements.
R-2, Medium-Density Residential District Chapter 904 Residential Districts
904.030 R-2, Medium-Density Residential District
A. Purpose
The purpose of the R-2, Medium-Density Residential District, is to allow the development of
attached housing not including apartment buildings at densities up to approximately 8 dwelling
units per net acre, and detached houses on parcels slightly smaller than allowed in the R-1
zoning district.
B. Permitted Principal Uses
1. Refer to Table 904-1.
2. Some Permitted Uses have requirements that are presented in Chapter 914, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses
1. Refer to Table 904-1.
2. Refer to Chapter 914 for specific requirements that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
3. In the R-2 zoning district, there shall be no more than one 1-, 2- or 3-family dwelling
per land parcel, not counting accessory dwelling units.
D. Accessory Uses
1. Refer to Chapter 914, Specific Development Requirements, and Chapter 915, General
Development Requirements, for conditions that must be met for approval of certain
Accessory Uses.
2. Tents or similar structures without foundations or footings may not be used as
accessory buildings.
E. Dimensional Requirements
Table 904-8: Required Setbacks, R-2 District
Front Side Corner
Side
Rear Side
abutting
SF House
From any
Water
Body
Single-Family
Detached Building
1, 2, 3
25
30
7.5
15
20
30
40
30
--
Two- or Three-
Family Building 2
25
30
7.5
15
20
30
30 15
Townhouse
Cluster
25
30
15
20
30
30 20
Driveway Not
applicable
5
Silent
20
Silent
10
Silent
10
Silent
Porch 20 7.5 20 35 10
Deck 20 7.5 20 35 10
Parking 4
Chapter
915
1 The front setback shall be applied as a “build-to” distance except in instances of “setback
averaging” as allowed by #2, below. See Table 904-6 for garage setbacks.
Page 904-7
Chapter 904 Residential Districts R-2, Medium-Density Residential District
2. If two or more existing houses on the same side of the block have front setbacks other than the
standard, the setbacks for the remaining lots on that side of the block shall be the average setback
of the existing houses.
3. A covered front porch or a covered front stoop, with a lateral enclosure of not more than a
balustrade, may encroach into the front yard setback by up to 6 feet.
4. If an adjacent house has a front yard facing the side street, then the corner side setback shall
equal the front setback of the adjacent house.
5. Refer to Chapter 915, General Development Requirements, Residential Parking Locations.
Table 904-9: Minimum Lot Dimensions, R-2 District
Area Width Depth
Single-Family Detached Dwelling
Interior lot
Corner lot
7,000 10,000
8,000 Silent
75
130
2-Unit Building (per unit) 1
Interior lot
Corner lot
5,500 7,500
5,500
1 125
3- to 8-Unit Building (per unit) 4,000 1 125 130
Townhouse (per unit) 4,000 1 125 130
1 5,000 where a building permit had been issued prior to October 9, 1984.
2 The minimum lot width is a function of the building footprint plus required setbacks.
Table 904-10: Maximum Structure Height, R-2 District
Feet
Principal Building 1 36
Fences 2
Front Yards
Side or Rear Yards
4
6
1 Or 3 stories, whichever is less. See Chapter 918, Rules of Measurement, Building Height.
2 See also Chapter 915 for additional regulations on fences.
F. Garage Dimensional Regulations
1. One- or Two-Unit Buildings. For one- or two-unit buildings, the dimensional
regulations for both attached or detached garages are the same as presented in Table
904-6, in the R-1 District.
2. Other Multiple-Unit Buildings. For other multiple-unit buildings, the garage
dimensional setbacks shall be the same as the setbacks of the principal building as
shown in Table 904-8.
Page 904-8
R-2, Medium-Density Residential District Chapter 904 Residential Districts
Page 904-9
Table 904-11: Requirements for Accessory Structures, Not Including Garages
The current zoning code is silent on the setbacks for accessory buildings in the R-2 district.
One- or Two-Family
Buildings
Other Multiple-Family
Buildings
Number of Structures Allowed 1 per unit 1 per two units
Size of Structures, Maximum 200 sf 200
Height Maximum - Other 15 15
Minimum Setbacks
Front
Side
Corner Side
Rear
From principal structure
No closer than principal
5
No closer than principal
3
10
No closer than principal
5
No closer than principal
5
10
Minimum Lot Size for a Detached
Accessory Dwelling Unit
Attached: 8,500
Detached: 8,500
Not applicable
* See also Accessory Structures in Chapter 915.
** No permanent structure (one attached to frost-free footings) shall be located in an easement
unless the easement is amended or otherwise allows such structures. A non-permanent
structure may be located in an easement but may have to be moved if the easement-holder
demands.
G. Lot Coverage and Tree Preservation
Refer to Chapter 914, Specific Development Requirements.
H. Driveway Width
The maximum width a residential driveway at the property line shall be 18 feet.
I. Specific Development Requirements
Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 914, Specific Development Requirements. Refer to Table 904-1 for
the uses that have specific requirements. Note that Chapter 914 includes design standards
for multiple-unit buildings.
J. General Development Requirements
Development requirements that apply to all uses are presented in Chapter 915, General
Development Requirements.
1
2
Chapter 904 Residential Districts R-3, High-Density Residential District
Page 904-10
904.040 R-3, High-Density Residential District 1
3
4
5
6
7
9
10
11
12
14
15
16
18
19
20
21
22
23
25
26
A. Purpose 2
The major purpose of the R-3, High-Density Residential District, is to allow attached housing of
all types. Attached housing not including apartment buildings may have densities of up to
approximately 12.5 units per net acre. Apartment buildings with central corridors may be built
up to 29 dwelling units per net acre. Housing for senior citizens may go up to 36 units per net
acre.
B. Permitted Principal Uses 8
1. Refer to Table 904-1.
2. Some Permitted Uses have requirements that are presented in Chapter 914, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses 13
1. Refer to Table 904-1.
2. Refer to Chapter 914 for specific requirements that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
D. Accessory Uses 17
1. Refer to Table 904-2.
2. Refer to Chapter 914, Specific Development Requirements, and Chapter 915, General
Development Requirements, for conditions that must be met for approval of certain
Accessory Uses.
3. Tents or similar structures without foundations or footings may not be used as
accessory buildings.
E. Dimensional Requirements 24
Table 904-12: Required Setbacks, R-3 District
Refer also to Chapter 915, General Development Requirements, Residential Parking Locations.
Front Side Corner
Side
Rear Side abutting SF
House
From any
Water Body
2-, 3- or 4-Unit
Building
(per unit)
30 10
15
20
30
30 --
Townhouse
(per unit)
20
30
10
15
20
30
25
30
15
Silent
Buildings with
more than 4
units
20
30
15 20
30
25
30
20 or 50 % of
building height,
whichever is greater
Silent
Seniors’ housing 20
30
20
30
20
30
30 30
Silent
Driveway Not
applicable
10
Silent
10
Silent
10
Silent
10
Silent
Chapter 915
R-3, High-Density Residential District Chapter 904 Residential Districts
Page 904-11
Table 904-13: Area Requirements, R-3 District 1
Area
(minimum square footage of
private land per dwelling unit)
Width Depth
2- to 8-Unit Building
(per unit)
3,500
4,000
1 130
Townhouse (per unit) 3,500
4,000
1 120
Apartment buildings 1,500
1 1
Seniors’ housing Per unit: 1,250
1. The minimum lot width or depth are a function of the building footprint plus required setbacks. 2
3
4
5
6
2. The minimum density for apartment buildings shall be 10 dwelling units per net acre (4,350
square feet of land per unit).
Table 904-14: Maximum Structure Height, R-3 District
Height 1
Principal Building 6 stories
36 feet
Fences
Front Yards
Side or Rear Yards
4
6
7
8
9
Table 904-15: Requirements for Detached Accessory Structures, R-3 District
The current zoning code is silent on the setbacks for accessory buildings in the R-2 district.
One- or Two-Family
Buildings
Other Multiple-Family
Buildings
Number of Structures Allowed 1 per unit 1 per building
Size of Structures, Maximum 200 sf 200 sf
Height Maximum - Other 15 15
Minimum Setbacks
Front
Side
Corner Side
Rear
From principal structure
No closer than principal
5
No closer than principal
3
10
No closer than principal
5
No closer than principal
3
10
Minimum Lot Size for a Detached
Accessory Dwelling Unit
Attached: 7,000
Detached: 7,000
Not applicable
* See also Accessory Structures in Chapter 915. 10
** 11
12
13
14
15
No permanent structure (one attached to frost-free footings) shall be located in an easement
unless the easement is amended or otherwise allows such structures. A non-permanent
structure may be located in an easement but may have to be moved if the easement-holder
demands.
Chapter 904 Residential Districts R-3, High-Density Residential District
Page 904-12
F. Lot Coverage and Tree Preservation 1
Refer to Chapter 914, Specific Development Requirements. 2
4
5
6
7
9
G. Specific Development Requirements 3
Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 914, Specific Development Requirements. Refer to Table 904-1 for
the uses that have specific requirements. Note that Chapter 914 includes design standards
for multiple-unit buildings.
H. General Development Requirements 8
See Chapter 915, General Development Requirements.
R-C, Residential-Commercial District Chapter 904 Residential Districts
Page 904-13
904.050 R-4, Manufactured Home District 1
2
4
6
7
8
10
11
12
13
15
17
18
19
20
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
A. Purpose 3
The purpose of this district is to allow manufactured communities.
B. Location 5
Manufactured home communities are permitted by Minnesota Statutes Chapter 462.357
(1)(b), as it may be amended from time to time, as a conditional use in zoning districts that
allow two-family dwellings, or by the City as a Permitted Use in the R-4 zoning district.
C. Permitted Principal Use 9
Refer to Table 904-16. Manufactured Home Communities are the only Permitted Principal
Use in the R-4 zoning district.
Manufactured Home Communities have requirements that are presented in Chapter 914,
Specific Development Requirements.
D. Conditional Principal Uses 14
Refer to Table 904-1. There are no Conditional Principal Uses in the R-4 zoning district.
E. Accessory Uses 16
1. Refer to Table 904-2.
2. Refer to Chapter 914, Specific Development Requirements, and Chapter 915, General
Development Requirements, for conditions that must be met for approval of certain
Accessory Uses.
F. Dimensional Requirements 21
1. Park Size: The minimum area required for a manufactured home park designation shall
be 5 acres.
2. Individual manufactured home sites (homes 14 feet wide or less):
(a) Each manufactured home site shall contain at least 5,000 square feet of land area
for the exclusive use of the occupant:
(1) Width: No less than 50 feet.
(2) Depth: No less than 100 feet.
(b) Each manufactured home site shall have frontage on an approved roadway and the
corner of each manufactured home site shall be marked and each site shall be
numbered.
3. Individual manufactured home site (homes over 14 feet in width):
(a) Each manufactured home site shall contain at least 6,500 square feet of land area
for the exclusive use of the occupant:
(1) Width: No less than 65 feet.
(2) Depth: No less than one 100 feet. b. Each manufactured home site shall have
frontage on an approved roadway and the corner of each manufactured home
site shall be marked and each site shall be numbered.
Chapter 904 Residential Districts R-3, High-Density Residential District
Page 904-14
4. Individual Manufactured Home Unit Site Setbacks: No unit shall be parked closer than
10 feet to its side lot lines nor closer than 30 feet to its front lot line, or within 10 feet of
its rear lot line.
1
2
3
4
5
6
7
8
9
10
11
13
14
16
17
5. Building Requirements: No structure shall exceed one story or 15 feet whichever is
less.
6. Parking:
(a) Each manufactured home site shall have off-street parking space for 2 automobiles.
(b) Each manufactured home park shall maintain a hard-surfaced off-street parking lot
for guests of occupants in the amount of 1 space for each 5 unit sites.
(c) Access drives off roads to all parking spaces and coach sites shall be hard surfaced
according to specifications established by the City.
G. Specific Development Requirements 12
Manufactured Home Communities and some Accessory Uses have requirements that are
presented in Chapter 914, Specific Development Requirements.
H. General Development Requirements 15
Development requirements that apply to all uses are presented in Chapter 915, General
Development Requirements.
R-C, Residential-Commercial District Chapter 904 Residential Districts
Page 904-15
904.060 R-C, Residential-Commercial District 1
3
4
5
7
8
9
10
12
13
14
15
16
17
19
20
21
22
23
24
25
26
27
A. Purpose 2
The major purpose of the Residential-Commercial District is to provide for a transition in land
use from residential to low-intensity business and allow intermixing of such land uses,
including in the same building.
B. Permitted Principal Uses 6
1. Refer to Table 904-1.
2. Some Permitted Uses have requirements that are presented in Chapter 914, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses 11
1. Refer to Table 904-1.
2. Refer to Chapter 914 for specific requirements that must be met for approval of
some Conditional Uses. Refer also to Chapter 915, General Development
Requirements.
3. In the R-C zoning district, there shall be no more than one 2- or 3-family dwelling
per land parcel, not counting accessory dwelling units.
D. Accessory Uses 18
1. Refer to Table 904-2.
2. Refer to Chapter 914, Specific Development Requirements, and Chapter 915,
General Development Requirements, for conditions that must be met for approval of
certain Accessory Uses.
3. Dimensional Requirements
Table 904-8: Required Setbacks, R-C District
1 If two or more existing houses on the same side of the block have front setbacks other than the
standard, the setbacks for the remaining lots on that side of the block shall be the average setback
of the existing houses.
Front Side Corner
Side
Rear Abutting
SF House
Water
Body
Single-Family
Detached Building 1, 2,
25
30
7.5
15
20 40
30
--
2- or 3-Unit Building 1 25
30
7.5
15
20 30
30
15
Four to 16 Unit
Building
25
30
10
15
20 30
30
20
Townhouse Cluster 25
30
15
15
20 30
30
20
Commercial Land Uses 20 20 20 50 20
Driveway Not
applicable
5 20 10 10
Parking 3
Chapter 915
Chapter 904 Residential Districts R-3, High-Density Residential District
Page 904-16
2 If an adjacent house has a front yard facing the side street, then the corner side setback shall
equal the front setback of the adjacent house.
1
2
3
4
5
3 Refer to Chapter 915, General Development Requirements, Residential Parking Locations.
Table 904-9: Minimum Lot Dimensions, R-C District
Area Width Depth
Single-Family Detached Dwelling
Interior lot
Corner lot
7,000 10,000
7,500
65
75
130
2-, 3- or 4-Unit Building (per unit) 3,500 4,000 1
75
130
4- to 16-Unit Building 3,000 4,000 1
Townhouse (per unit) 3,500 4,000 1 130
Commercial Land Uses
1 The minimum lot width is a function of the building footprint plus required setbacks.
6
7
8 Table 904-18: Maximum Structure Height, R-C District
Height 1
Principal Building 3 stories or 36 feet,
whichever is less
Fences
Front Yards
Side or Rear Yards
4
6
9
10 Table 904-19: Requirements for Detached Accessory Structures, R-C District
One- or Two-Family
Buildings
Other Multiple-Family
Buildings
Number of Structures Allowed 1 per unit 1 per building
Size of Structures, Maximum 200 sf 200 sf
Height Maximum - Other 12 12
Minimum Setbacks
Front
Side
Corner Side
Rear
From principal structure
No closer than principal
5
No closer than principal
3
10
No closer than principal
5
No closer than principal
3
10
* See also Accessory Structures in Chapter 915. 11
** 12
13
14
15
16
18
19
20
21
No permanent structure (one attached to frost-free footings) shall be located in an easement
unless the easement is amended or otherwise allows such structures. A non-permanent
structure may be located in an easement but may have to be moved if the easement-holder
demands.
E. Maximum Building Coverage 17
No more than 50 percent of the parcel shall be occupied by buildings having vertical mass
including dwellings, garages, storage buildings, gazebos and greenhouses but not including
driveways, parking areas, decks, patios, unscreened courts, solar energy equipment or play
equipment.
R-C, Residential-Commercial District Chapter 904 Residential Districts
Page 904-17
F. Driveway Width 1
The maximum width of a residential driveway at the property line shall be 18 feet. 2
4
5
6
8
9
G. Specific Development Requirements 3
Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 914, Specific Development Requirements. Refer to Table 904-1 for
the uses that have specific requirements.
H. General Development Requirements 7
See Chapter 915, General Development Requirements.
Page 905-1
CHAPTER 905 COMMERCIAL DISTRICTS
905.010 Principal and Accessory Uses in the Commercial Districts ............................ 905-1
905.020 C-1, General Commercial District ....................................................................... 905-7
905.030 C-M, Corridor Mixed District ............................................................................... 905-9
905.010 Principal and Accessory Uses in the Commercial Districts
A. Summary Tables of Principal and Accessory Uses
All Principal Uses allowed in the commercial districts are summarized in Table 905-1 and
listed in the Chapters for the individual zoning districts. All Accessory Uses are
summarized Table 905-2 and listed in the Chapters for the individual zoning districts.
B. Permitted Uses
Principal Uses specified with a “P” are permitted by-right in the district or districts where
designated, provided that the use complies with all other applicable provisions of this
ordinance.
C. Conditional Uses
Principal Uses specified with a “C” are allowed as a conditional use in the district or
districts where designated, provided that the use complies with all other applicable
provisions of this ordinance.
D. Accessory Uses
Accessory buildings and structures shall comply with the provisions of Chapter 915, General
Development Requirements, Accessory Buildings and Structures.
E. Prohibited Uses
Any use not listed as either “P” (permitted) or “C” (conditional) in a particular district or
any use not determined by the Community Development Director to be substantially
similar to a use listed as permitted or conditional shall be prohibited in that district. Such
determination shall be made in the manner provided for in Section 902.060, which
addresses the determination of substantially similar uses.
F. Dimensional Requirements in the Commercial Districts
Dimensional requirements for the commercial districts are presented under Sections
905.010 and 905.020, the C-1 District and the C-M District
G. Specific Development Standards
Principal Permitted and Conditional uses indicated under the Specific Development
Standards column shall be subject to the standards identified in Chapter 914, Specific
Development Standards.
Chapter 905 Commercial Districts Principal and Accessory Uses
Page 905-2
H. General Development Requirements
Development of land for commercial, industrial, other non-residential uses or multiple-
family housing shall conform to the requirements for traffic circulation, landscape design,
screening, trash handling, lighting, parking, loading and other considerations as specified in
Chapter 915, General Development Requirements. Signs are regulated by Chapter 916 of
the City Code.
Table 905-1: Summary of the Principal Permitted and Conditional Land Uses in the
Commercial Districts
P: Permitted C: Conditional --: Not allowed
Land Uses
Zoning Districts
Specific
Development
Requirements
General
Commercial
Corridor
Mixed
Commercial, Residential or Mixed Uses
Retail and/or service businesses that deal directly with the
final consumer or beneficiary.
P P
Adult business as regulated C C Chapter 914
Animal veterinary clinic P P Chapter 914
Auto fuel sales with typical maintenance and repair P P Chapter 914
Bars or tavern C C Chapter 914
Brewery, tap room or distillery P P
Car wash, freestanding P -- Chapter 914
Convenience store with fuel sales P P Chapter 914
Cultural facility P P
Day care, commercial child or adult P P Chapter 914
Home occupation -- P Chapter 914
Hotel or motel P P
Kennel, commercial P P
Manufacturing, warehousing or distribution -- --
Medical clinic P P
Mixed-use building, commercial and residential -- P
Multiple-family residential building; attached residential
building with more than three dwelling units
-- P Chapter 914
Nursing home P P
Office, commercial or professional P P
Recreation, entertainment or banquet facility, including
bowling alley or movie theatre
P P
Restaurant, including those with outdoor seating P P Chapter 914
Principal and Accessory Uses Chapter 905 Commercial Districts
Page 905-3
Land Uses
Zoning Districts
Specific
Development
Requirements
General
Commercial
Corridor
Mixed
Restaurant with drive-up window or drive-in service P P
School, post-secondary P P
Storage, indoor self-service -- --
Temporary or seasonal business P P
Vehicle repair, mechanical, for autos and light trucks P -- Chapter 914
Vehicle repair, body, for autos and light trucks -- -- Chapter 914
Vehicle sales, autos, light trucks, motorcycles, ATVs or boats P -- Chapter 914
Vehicle sales, heavy trucks or recreational vehicles -- -- Chapter 914
Public and Semi-Public Uses
Essential service P P
Governmental building P P
Public parks; park building -- --
Place of public worship P P
School, public or private P P
Table 905-2: Summary Table of Accessory Land Uses in the Commercial Districts
Land Uses
Zoning Districts
Specific
Development
Requirements
General
Commercial
Corridor
Mixed
Antennas or tower C C Chapter 914
Car wash -- -- Chapter 914
Drive-up or –through windows P C Chapter 915
Electric vehicle charging stations P P
Outdoor storage -- --
Patio dining areas P P Chapter 914-915
Parking ramp P P
Signs P P Chapter 916
Solar energy system P P
Storage building or garage <400 sf P P Chapter 915
Solar Energy Conversion System P P
Temporary or seasonal business P P Chapter 912
Wind energy system -- -- --
Chapter 905 Commercial Districts C-1, General Commercial District
Page 905-4
905.020 C-1, General Commercial District
A. Purpose
The C-1, General Business, District is intended to allow a mixture of retail and/or service
businesses that accommodates auto traffic on well-landscaped sites.
B. Permitted Principal Uses
1. Refer to Table 905-1.
2. Some Permitted Uses have requirements that are presented in Chapter 915, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses
1. Refer to Table 905-1.
2. Refer to Chapter 915 for specific conditions that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
D. Accessory Uses
3. Refer to Table 905-2.
4. Refer to Chapters 914 and 915 for conditions that must be met for approval of certain
Accessory Uses.
E. Dimensional Requirements
Table 5-3: Required Setbacks (feet)
1.
Table 5-4: Maximum Structure Height
Principal Building 1 36
Accessory Building 2 16
1 Or three stories, whichever is less.
2 See also Chapter 915, General Development Requirements, Accessory Buildings and Structures
F. Specific Development Requirements
1. Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 915, Specific Development Requirements.
2. Refer to Table 905-1 for the uses that have specific requirements.
Front Interior
Side Corner
Side Rear From R
District Any Water
Body
Principal
Building 1
20
40
10
0
20
Silent
20 50
40
Chapter 915,
General
Development
Requirements Accessory
Structure
40
Silent
10
Silent
30
Silent
5
Silent
10
Silent
Parking 10
Silent
10
Silent
10
Silent
5
Silent
15
Silent
Driveway --
Silent
10
Silent
10
Silent
5
Silent
15
Silent
C-1, General Commercial District Chapter 905 Commercial Districts
Page 905-5
G. General Development Requirements
Development requirements that apply to all uses are presented in Chapter 915, General
Development Requirements. All buildings are subject to the Exterior Building
Requirements section of the General Development Requirements.
Chapter 905 Commercial Districts C-M, Corridor Mixed District
Page 905-6
905.030 C-M, Corridor Mixed District
A. Purpose
The C-M, Corridor Mixed, District is intended to allow a combination of retail and/or
service businesses, buildings that contain both businesses and housing, and multiple-unit
residential buildings in an intensively developed and well-landscaped setting along Rice
Street or Little Canada Road west of I-35E. Not allowed are land uses that require an
extraordinary amount of auto parking and/or auto queuing while minimizing building
square footage, those with objectionable emissions, or those with outdoor storage of goods
or materials.
B. Permitted Principal Uses
1. Refer to Table 905-1.
2. Some Permitted Uses have requirements that are presented in Chapter 915, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses
1. Refer to Table 905-1.
2. Refer to Chapter 915 for specific conditions that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
D. Accessory Uses
1. Refer to Table 905-2.
2. Refer to Chapter 914 and 915, for conditions that must be met for approval of certain
Accessory Uses.
E. Dimensional Requirements
Table 905-5: Residential Area Requirements, Corridor Mixed District
Area
(minimum square footage of
private land per dwelling unit)
Width Depth
Apartment buildings 871
(50 dwelling units per net acre)
1 1
1. The minimum lot width or depth are a function of the building footprint plus required setbacks.
2. The minimum density for apartment buildings shall be 20 dwelling units per net acre (2,178
square feet of land per unit).
Table 905-6: Required Setbacks (feet)
Front Interior
Side Corner
Side Rear From R
District Any Water
Body
Principal
Building 10
40
10
0
10
40
20 30 Chapter 915,
General
Development
Requirements Accessory
Structure 40 20 30 5 10
Parking 10 5 10 5 15
Driveway -- 5 10 5 15
C-M, Corridor Mixed District Chapter 905 Commercial Districts
Page 905-7
Table 905-7: Maximum Structure Height
Commercial Residential Mixed-Use
Principal Building 36 1 56 36 56
Accessory Building 2 16 16 16
1 Or three stories, whichever is less.
2 See also Chapter 915, General Building Requirements, Accessory Buildings and Structures
F. Specific Development Requirements
Some Conditional Uses and some Permitted Uses have specific requirements, which are
presented in Chapter 915, Specific Development Requirements. Refer to Table 905-1 for
the uses that have specific requirements.
G. General Development Requirements
Development requirements that apply to all uses are presented in Chapter 915, General
Development Requirements. All buildings are subject to the Exterior Building
Requirements section of the General Development Requirements.
Page 906-1
CHAPTER 906 INDUSTRIAL DISTRICTS
906.010 Principal and Accessory Uses in the Industrial Districts ................................ 906-1
906.020 I-1, Limited Industrial District ............................................................................. 906-4
906.030 I-2, Industrial-Office Park District ....................................................................... 906-5
906.010 Principal and Accessory Uses in the Industrial Districts
A. Summary Tables of Principal and Accessory Uses
All Principal Uses allowed in the Industrial districts are summarized in Table 906-1 and
listed in the Chapters for the individual zoning districts. All Accessory Uses are
summarized Table 906-2 and listed in the Chapters for the individual zoning districts.
B. Permitted Uses
Principal Uses specified with a “P” are permitted by-right in the district or districts where
designated, provided that the use complies with all other applicable provisions of this
ordinance.
C. Conditional Uses
Permitted Uses specified with a “C” are allowed as a conditional use in the district or
districts where designated, provided that the use complies with all other applicable
provisions of this ordinance.
D. Accessory Uses
Accessory buildings and structures located in an industrial district shall comply with the
provisions of Chapter 915, General Development Requirements, Accessory Buildings and
Structures.
E. Prohibited Uses
Any use not listed as either “P” (permitted) or “C” (conditional) in a particular district or
any use not determined by the Director of Planning to be substantially similar to a use listed
as permitted or conditional shall be prohibited in that district. Such determination shall be
made in the manner provided for in Section 902.060, which addresses the determination of
substantially similar uses.
F. Dimensional Requirements in the Industrial Districts
Dimensional requirements for the industrial districts are presented under Sections 906.020
and 906.030, the I-1 District and the I-2 District.
G. Specific Development Standards
Principal Permitted and Conditional uses indicated under the Specific Development
Standards column shall be subject to the standards identified in Chapter 914, Specific
Development Standards.
Chapter 906 Industrial Districts Principal and Accessory Uses
Page 906-2
H. General Development Requirements
Development of land for industrial, commercial, industrial or other non-residential uses
shall conform to the requirements for traffic circulation, landscape design, screening, trash
handling, lighting, parking, loading and other considerations as specified in Chapter 915,
General Development Requirements. Signs are regulated by Chapter 916 of the Zoning
Code.
Table 906-1: Summary of the Principal Permitted and Conditional Land Uses in the
Industrial Districts
P: Permitted C: Conditional --: Not allowed
Land Uses Zoning Districts Specific
Development
Requirements
I-1
Light
Industrial
I-2
Industrial-
Office Park
Permitted Land Uses
Manufacturing P P
Office-warehouse building P P
Office-showroom building P P
Office building P P
Laboratories P P
Building contractor’s yard P -- Chapter 914
Aggregate material handling C --
Asphalt plants -- --
Motor vehicle sales, service or rental P --
Car or truck wash P --
Animal kennels P --
Off-site outdoor storage C --
Adult businesses P --
Retail sales or service P --
Group day care P P
Restaurant P P
Brewery, tap room or distillery P P
Self-storage buildings P P
Schools for adult education P P
Public and Semi-Public Uses
Essential services P P
Utility building P P
Storage, open and outdoor P --
Principal and Accessory Uses Chapter 906 Industrial Districts
Page 906-3
Land Uses Zoning Districts Specific
Development
Requirements
I-1
Light
Industrial
I-2
Industrial-
Office Park
Semi-truck parking P P
Indoor retail, rental or service P P
Truck or auto sales, new or used P --
Parking or loading P P
Retail sales or service P --
Houses of worship P P
Solar Energy Conversion Systems P P
Wind Energy Conversion Systems -- -- --
906-2 Summary Table of Accessory Land Uses in the Industrial Districts
Land Uses Zoning Districts Specific
Development
Requirements
I-1
Light
Industrial
I-2
Industrial-
Office
Park
Antennas or towers C C Chapter 914
Aggregate material stockpiles greater
than 25 cubic yards
C --
Electric vehicle charging stations P P
Indoor retail, rental or service P P
Parking or loading P P Chapter 915
Patios, porches, gazebos, etc. P P
Retail sales or service P P
Solar Energy Conversion Systems P P Chapter 914
Storage, open and outdoor P -- Chapter 915
Truck or auto sales, new or used P -- Chapter 914
Wind Energy Conversion Systems -- -- --
Chapter 906 Industrial Districts I-1, Limited Industrial District
Page 906-4
906.020 I-1, Limited Industrial District
A. Purpose
The purpose of the I-1, Limited Industrial District is to provide locations for light
industrial, office, logistics and business service buildings in a landscaped setting.
B. Permitted Principal Uses
1. Refer to Table 906-3.
2. Some Permitted Uses have requirements that are presented in Chapter 914, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses
1. Refer to Table 906-1.
2. Refer to Chapter 914 for specific conditions that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
D. Accessory Uses
1. Refer to Table 906-2.
2. Refer to Chapter 914 and 915 for conditions that must be met for approval of certain
Accessory Uses.
E. Dimensional Requirements
Table 906-3: Required Setbacks, I-1 District
Front Side Corner
Side
Rear From
Residential
District
Any Water
Body
Principal Building 20
40
20
15
20
40
20 50
40
See Chapter
915
Parking 10
Silent
10
Silent
10
Silent
10
Silent
30
Silent
Driveway 10
Silent
10
Silent
10
Silent
10
Silent
30
Silent
Accessory
Building
30
Silent
10
Silent
30
Silent
5
Silent
40
Silent
F. Maximum Building Height: 60 feet
G. Specific Development Requirements
1. Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 914, Specific Development Requirements.
2. Refer to Table 906-1 for the uses that have specific requirements.
H. General Development Requirements
Development requirements that apply to all uses are presented in Chapter 915, General
Development Requirements.
I-2, Industrial-Office Park District Chapter 906 Industrial Districts
Page 906-5
906.030 I-2, Industrial-Office Park District
A. Purpose
The purpose of the I-2, Industrial-Office Park District is to provide locations and standards for
manufacturing, office and related businesses in an attractive, well-landscaped campus-type
setting. activities in a "campus" type setting. High standards of building quality and site design
shall be priorities in this district.
B. Permitted Principal Uses
1. Refer to Table 906-3.
2. Some Permitted Uses have requirements that are presented in Chapter 914, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses
1. Refer to Table 906-1.
2. Refer to Chapter 914 for specific conditions that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
D. Accessory Uses
1. Refer to Table 906-2.
2. Refer to Chapter 914 and 915 for conditions that must be met for approval of certain
Accessory Uses.
E. Dimensional Requirements
Table 906-4: Required Setbacks, I-2 District
Front Side Rear Corner
Side
From
R District
Any Water
Body
Principal Building 20
40
20
15
20
15
30
40
50
40
See Chapter
915
Accessory Building 10
Silent
10
Silent
10
Silent
10
Silent
30
Silent
Parking 10
Silent
10
Silent
10
Silent
10
Silent
30
Silent
Driveway 30
Silent
10
Silent
30
Silent
5
Silent
40
Silent
F. Maximum Building Height: 60 feet
G. Specific Development Requirements
1. Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 914, Specific Development Requirements.
2. Refer to Table 906-1 for the uses that have specific requirements.
H. General Development Requirements
Chapter 906 Industrial Districts I-2, Industrial-Office Park District
Page 906-6
Development requirements that apply to all uses are presented in Sub-Chapter 15, General
Development Requirements. All buildings are subject to the Exterior Building
Requirements section of the General Development Requirements.
Page 907-1
CHAPTER 907 PUBLIC AND SEMI-PUBLIC DISTRICT
907.010 Principal and Accessory Uses in the Commercial Districts ............................ 907-1
907.020 P, Public and Semi-Public District ....................................................................... 907-7
907.010 Principal and Accessory Uses in the Public District
A. Summary Tables of Principal and Accessory Uses
All Principal Uses allowed in the Public and Semi-Public District are summarized in Table
907-1. All Accessory Uses are summarized Table 907-2.
B. Permitted Uses
Principal Uses specified with a “P” are permitted by-right in the district where designated,
provided that the use complies with all other applicable provisions of this ordinance.
C. Conditional Uses
Principal Uses specified with a “C” are allowed as a conditional use in the district where
designated, provided that the use complies with all other applicable provisions of this
ordinance.
D. Accessory Uses
Accessory buildings and structures shall comply with the provisions of Chapter 915, General
Development Requirements, Accessory Buildings and Structures.
E. Prohibited Uses
Any use shall be prohibited in the district that is not listed as either “P” (permitted) or “C”
(conditional) along with any use determined by the Community Development Director to
not be substantially similar to a use listed as permitted or conditional. Such determination
shall be made in the manner provided for in Section 902.060, which addresses the
determination of substantially similar uses.
F. Dimensional Requirements in the Commercial Districts
Dimensional requirements for the Public and Semi-Public District are presented under
Section 907.010.
G. Specific Development Standards
Principal Permitted and Conditional uses indicated under the Specific Development
Standards column shall be subject to the standards identified in Chapter 914, Specific
Development Standards.
Chapter 907 Public and Semi-Public District Principal and Accessory Uses
Page 907-2
H. General Development Requirements
Development of land for public or semi-public uses shall conform to the requirements for
traffic circulation, landscape design, screening, trash handling, lighting, parking, loading
and other considerations as specified in Chapter 915, General Development Requirements.
Signs are regulated by Chapter 916 of the City Code.
Table 907-1: Summary of the Principal Permitted and Conditional Land Uses in the
Public and Semi-Public District
P: Permitted C: Conditional --: Not allowed
Land Uses Zoning
District
Specific
Development
Requirements
Public and
Semi-Public
Essential service P
Governmental building, City, County, State or Watershed P
Public parks; park building P
Place of public worship P
School, public or private P Chapter 914
Cemetery P
Table 907-2: Summary Table of Accessory Land Uses in the Public and Semi-Public
District
P: Permitted C: Conditional --: Not allowed
Land Uses Zoning
District
Specific
Development
Requirements
Public and
Semi-Public
Antenna or communications tower P Chapter 914
Electric vehicle charging station P
Little Free Libraries P
Exterior storage C Chapter 915
Parking P
Signs P Chapter 916
Solar energy conversion system P
Storage building or garage less than 400 square feet P
Wind energy conversion system --
Wood chip pile, municipal C Chapter 914
Principal and Accessory Uses Chapter 907 Public and Semi-Public District
Page 907-3
907.020 P, Public and Semi-Public District
A. Purpose
The P, Public and Semi-Public District is to regulate the use and design of properties used for
public or governmental purposes as well as a limited number of private, institutional properties
that are generally open to all members of the community.
B. Permitted Principal Uses
1. Refer to Table 907-1.
2. Some Permitted Uses have requirements that are presented in Chapter 915, Specific
Development Requirements. Refer also to Chapter 915, General Development
Requirements.
C. Conditional Principal Uses
1. Refer to Table 907-1.
2. Refer to Chapter 915 for specific conditions that must be met for approval of some
Conditional Uses. Refer also to Chapter 915, General Development Requirements.
D. Accessory Uses
3. Refer to Table 907-2.
4. Refer to Chapters 914 and 915 for conditions that must be met for approval of certain
Accessory Uses.
E. Dimensional Requirements
Table 5-3: Required Setbacks (feet)
Table 5-4: Maximum Structure Height
Principal Building 1 36
Accessory Building 2 16
1 Or three stories, whichever is less.
2 See also Chapter 915, General Development Requirements, Accessory Buildings and Structures
F. Specific Development Requirements
1. Some Conditional Uses and some Permitted Uses have specific requirements that are
presented in Chapter 915, Specific Development Requirements.
2. Refer to Table 907-1 for the uses that have specific requirements.
Front Interior
Side Corner
Side Rear From R
District Any Water
Body
Principal
Building 1
30 15 30 30 40 Chapter 915,
General
Development
Requirements Accessory
Structure
40 15 40 20 40
Parking 10 10 10 10 20
Driveway 10 10 10 10 20
Chapter 907 Public and Semi-Public District Principal and Accessory Uses
Page 907-4
G. General Development Requirements
Development requirements that apply to all uses are presented in Chapter 915, General
Development Requirements. All buildings are subject to the Exterior Building
Requirements section of the General Development Requirements.
Page 908-1
CHAPTER 908 “W”, WETLANDS OVERLAY DISTRICT
908.010 Purpose ............................................................................................................... 908-1
908.020 Intent .................................................................................................................. 908-1
908.030 Applicability ...................................................................................................... 908-1
908.040 Wetland Delineation .......................................................................................... 908-1
908.050 Lowest Floor Elevation ..................................................................................... 908-1
908.060 Retention in a Natural State .............................................................................. 908-2
908.070 On-Site Sewage Systems ................................................................................... 908-2
908.080 Buffers ............................................................................................................... 908-2
908.090 Setback from Wetland Buffers .......................................................................... 908-3
908.100 Dedication to the City ....................................................................................... 908-4
908.010 Purpose
The purpose of this Chapter is to recognize, preserve and protect the environmental, aesthetic and
hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent
properties. These functions include, but are not limited to, sediment control, pollution control, filtration,
fish and wildlife habitat and aquifer recharge.
908.020 Intent
The intent of this Chapter is to protect wetlands to the maximum extent possible while allowing a
reasonable use of the property. This Chapter adopts the regulations and standards of the Wetland
Conservation Act of 1991 (WCA), Laws of Minnesota 1991, chapter 354, as amended, and the rules
adopted pursuant to the WCA.
908.030 Applicability
This ordinance shall apply to new development or redevelopment. New development, for the purposes of
this Chapter includes any subdivision that creates a new lot that has no principal use on it or construction
of a principal use on an existing vacant parcel of land. Redevelopment means removal or renovation of
the principal structure such that use of more than 50 percent of its market value and reconstruction on the
same property. This requirement does not apply to reconstruction due to fire, wind or vandalism. The
City may also require buffers and setbacks as part of a variance, conditional use permit or site plan
review.
908.040 Wetland Delineation
A wetland delineation must be completed according to the most current U.S. Corps of Engineers
methodology and be completed by a qualified professional. The delineation shall be approved by the
City’s designated official prior to: property improvements, plat approval and/or wetland permit.
908.050 Lowest Floor Elevation
The lowest floor elevation of buildings shall be a minimum of 2 feet above the ordinary high-water level
of the wetland or the outlet elevation, whichever is higher. If sufficient data on known high water levels
is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated
high-water elevation.
Page 908-2
908.060 Retention in a Natural State
To the extent possible, all wetlands, including marshlands and swamps shall be retained in their natural
state to serve as a storm water runoff basin and also as a wildlife habitat. Organic and other waste which
would normally be disposed of at a solid waste disposal site or which would normally be discharged into
a sewage disposal system or sewer shall not be directly or indirectly discharged to the wetland.
908.070 On-Site Sewage Systems
No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located
closer than 150 feet to the ordinary high-water level unless it is proven by the applicant that no effluent
will immediately or gradually reach the wetland because of existing physical characteristics of the site or
the system.
908.080 Buffers
A. A buffer, which shall contain a continuous dense layer of primarily native perennial vegetation,
including grasses, forbs, shrubs, and/or trees, shall be provided adjacent to all wetlands.
B. Buffer width is based on the size of the wetland, and is measured from the delineated wetland
boundary outward. Minimum buffer width shall be as follows:
Wetland Size Buffer Width
0-5 acres 10 feet
Greater than 5 20 feet
C. Permitted uses and activities within buffers are as follows:
1. Restoration of native vegetation;
2. Nature preserves;
3. Public boardwalks, bridges and trails;
4. Ponding and drainage facilities, as required by the City;
5. Environmental monitoring or control facilities;
6. Public utilities, including maintenance activities; and
7. Structures that the city determines will protect the wetland from erosion or provide weed
control.
D. Buffers shall be protected by prohibiting the following uses and activities within buffer areas:
1. Placement of structures or building, except as provided in Section H (2) above;
2. Paving;
3. Dumping, including organic or other waste that would normally be disposed of at a solid waste
disposal site or which would normally be discharged into a sewage disposal system or sewer;
4. Yard waste disposal;
5. Filling; and
6. Mowing or cutting of vegetation, except when permitted as invasive vegetation management.
Page 908-1
E. Signs for Wetland Buffers
All wetland buffers shall be marked by signs placed at the buffer edge.
1. Sign Location
Buffer signs shall be placed at every other lot corner or as approved by the City Engineer.
Proposed buffer sign locations shall be shown on a grading or site plan, which shall be
submitted to the City Engineer for approval.
2. Sign Design
In order to ensure consistency in buffer sign design, the developer or property owner shall
order buffer signs from the City of Little Canada. It shall be the responsibility of the
developer or property owner to install wetland buffer signs and to pay all costs associated with
construction of the signs.
3. Buffer Sign Installation
Once obtained from the City of Little Canada, wetland buffer signs shall be installed as
follows:
a. The sign shall be bolted or screwed to a four-inch square treated or cedar post or green
steel post installed to a height of four feet above grade and set at least 42 inches into the
ground.
b. The printed side of the sign shall face the development side of the property.
908.090 Setback from Wetland Buffer
A. All buildings (principal or accessory) and structures, except as provided elsewhere in this
subdivision, must be set back at minimum of 20 feet from the outer wetland buffer line. Exceptions
to the setback requirement include play structures, uncovered porches, decks, patio slabs, open
terraces, stairways, and walkways, which shall be allowed to extend up to 10 feet into the required
buffer.
B. Parking areas and driveways must be setback a minimum of 10 feet from the outer wetland buffer
line.
C. A wetland buffer setback is not required for overhead utility poles and lines that are less than 2 feet
in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic
regulatory signs, wetland buffer signs, mailboxes, and other equipment that provides an essential
public service.
D. A wetland buffer setback is not required for fences or retaining walls.
E. An existing improvement meeting the required setback from a wetland buffer area is considered
legal nonconforming if at a later date a new wetland delineation or implemented wetland buffer
results in the improvement being closer than the required setback from the new wetland buffer
location.
908.010 Dedication to City
All land areas containing wetlands and the required wetland buffer shall be dedicated as a conservation
easement or platted as an outlot and deeded to the City to become part of the stormwater management
system.
Page 909-1
CHAPTER 909 "F", FLOODPLAIN MANAGEMENT OVERLAY DISTRICT
909.010 Statutory Authorization and Provisions .................................................................. 909-1
909.020 General Provisions .................................................................................................. 909-1
909.030 Zoning Districts ...................................................................................................... 909-4
909.040 Floodway District ................................................................................................... 909-4
909.050 Flood Fringe District .............................................................................................. 909-7
909.060 Procedure for Determining 100-year Flood Elevations ........................................ 909-10
909.070 Subdivisions ......................................................................................................... 909-11
909.080 Public Utilities, Railroads, Roads and Bridges .................................................... 909-11
909.090 Manufactured Home Parks ................................................................................... 909-12
909.100 Administration ...................................................................................................... 909-13
909.110 Non-Conforming Uses ......................................................................................... 909-17
909.120 Penalties for Violation ......................................................................................... 909-18
909.010. Statutory Authorization and Purpose
A. Statutory Authorization.
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and
Chapter 462, delegated the responsibility to local government units to adopt regulations
designed to minimize flood losses.
B. Purpose. The intent of this Section is:
1. To provide for the protection and preservation of water channels and those portions of
the adjoining floodplains which are reasonably required to carry and discharge a
regional flood and are subject to inundation by regional floods;
2. To promote the public health, safety, and general welfare;
3. To minimize potential loss of life, loss of property, health and safety hazards,
disruption of commerce, utilities, and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare; and
4. 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.
909.020. General Provisions
A. Lands to which Ordinance applies. This Ordinance shall apply to all lands within the
jurisdiction of the City of Little Canada shown on the Official Zoning Map and/or the
attachments thereto as being located within the boundaries of the Floodway or 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
Ordinance. The attached material shall include the Flood Insurance Study for Ramsey
County, Minnesota (All Jurisdictions) and Flood Insurance Rate Map panels therein
numbered 27123C0036G, 27123C0037G, 27123C0038G, 27123C0039G, 27123C0041G
Chapter 909 Floodplain Overlay District General Provisions
Page 909-2
and 27123C0043G, all dated June 4, 2010 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. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be
an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the flood plain that result from
designation of a floodway.
D. Interpretation.
1. In their interpretation and application, the provisions of this Ordinance 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.
E. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall
prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the
extent of the inconsistency only.
F. Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the
flood plain districts or land uses permitted within such districts will be free from flooding
or flood damages. This Ordinance shall not create liability on the part of the City of Little
Canada or any officer or employee thereof for any flood damages that result from reliance
on this Ordinance or any administrative decision lawfully made thereunder.
G. Severability. If any section, clause, provision, or portion of this Ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
Ordinance shall not be affected thereby.
H. Definitions. Unless specifically defined below, words or phrases used in this Ordinance
shall be interpreted so as to give them the same meaning as they have in common usage and
so as to give this Ordinance its most reasonable application.
1. Accessory Use or Structure - a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
2. Basement - means any area of a structure, including crawl spaces, having its floor or
base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
General Provisions Chapter 909 Floodplain Overlay District
Page 909-3
3. Conditional Use - means a specific type of structure or land use listed in the official
control that may be allowed but only after an in-depth review procedure and with
appropriate conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding that:
a. Certain conditions as detailed in the zoning ordinance exist.
b. The structure and/or land use conform to the comprehensive land use plan if
one exists and are compatible with the existing neighborhood.
1. Equal Degree of Encroachment - a method of determining the location of floodway
boundaries so that flood plain lands on both sides of a stream are capable of conveying
a proportionate share of flood flows.
2. Flood - a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
3. Flood Frequency - the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
4. Flood Fringe - that portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance
Study for Ramsey County, Minnesota (All Jurisdictions).
5. Flood Plain - the beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
6. Flood Proofing - a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
7. Floodway - the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store the
regional flood discharge.
8. Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building’s
lowest floor.
9. Manufactured Home - a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term “manufactured home” does not
include the term “recreational vehicle.”
10. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris carried
by such water.
11. Principal Use or Structure - means all uses or structures that are not accessory uses or
structures.
12. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or
river influenced by a natural or man-made obstruction. In an urban area, the segment
Chapter 909 Floodplain Overlay District General Provisions
Page 909-4
of a stream or river between two consecutive bridge crossings would most typically
constitute a reach.
13. Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-propelled
or permanently towable by a light duty truck, and is designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel,
or seasonal use. For the purposes of this Ordinance, the term recreational vehicle shall
be synonymous with the term travel trailer/travel vehicle.
14. Regional Flood - a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 100-year recurrence interval.
Regional flood is synonymous with the term "base flood", 1-percent annual chance
flood or 100-year flood elevation.
15. Regulatory Flood Protection Elevation - The regulatory flood protection elevation shall
be an elevation no lower than one foot above the elevation of the regional flood plus
any increases in flood elevation caused by encroachments on the flood plain that result
from designation of a floodway.
16. Structure - anything constructed or erected on the ground or attached to the ground or
on-site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the exemption
criteria specified in Section 916.090.C11 of this Ordinance and other similar items.
17. Substantial Damage - means damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurred.
18. Substantial Improvement - within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition,
or other improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the “start of construction” of the improvement.
This term includes structures that have incurred “substantial damage,” regardless of the
actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions.
b. Any alteration of an “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as an “historic structure.” For the
purpose of this Ordinance, “historic structure” shall be as defined in 44 Code of
Federal Regulations, Part 59.1.
19. Variance - means a modification of a specific permitted development standard required
in an official control including this Ordinance to allow an alternative development
standard not stated as acceptable in the official control, but only as applied to a
particular property for the purpose of alleviating a hardship, practical difficulty or
unique circumstance as defined and elaborated upon in a community's respective
planning and zoning enabling legislation.
I. Annexations. The Flood Insurance Rate Map panels adopted by reference into Section
916.020.B above may include floodplain areas that lie outside of the corporate boundaries
Zoning Districts Chapter 909 Floodplain Overlay District
Page 909-5
of the City of Little Canada at the time of adoption of this ordinance. If any of these
floodplain land areas are annexed into the City of Little Canada after the date of adoption
of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of
this ordinance immediately upon the date of annexation into the City of Little Canada.
909.030. Zoning Districts
A. Districts.
1. Floodway District: The Floodway District shall include those areas designated as Zone
AE and Zone A on the Flood Insurance Rate Map panels adopted in Section 916.020.B
that are below the ordinary high-water level as defined in Minnesota Statutes, Section
103G.005, subdivision 14.
2. Flood Fringe District: The Flood Fringe District shall include those areas designated as
Zone AE and Zone A on the Flood Insurance Rate Map panels adopted in Section
916.020.B that are below the 1% annual chance flood elevation (100-year flood
elevation) but above the ordinary high-water level as defined in Minnesota Statutes,
Section 103G.005, subdivision 14. See Section 916.060 for procedures to determine
the 1% annual chance flood elevation (100-year flood elevation).
B. Compliance. No new structure or land shall hereafter be used and no structure shall be
constructed, located, extended, converted, or structurally altered without full compliance
with the terms of this Ordinance and other applicable regulations which apply to uses
within the jurisdiction of this Ordinance. Within the Floodway and Flood Fringe and
Districts, all uses not listed as permitted uses or conditional uses in Sections 916.040 and
916.050 that follow, respectively, shall be prohibited. In addition, a caution is provided
here that:
1. New manufactured homes, replacement manufactured homes and certain travel trailers
and travel vehicles are subject to the general provisions of this Ordinance and
specifically Section 916.090.
2. Modifications, 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 Ordinance and
specifically Section 916.110.
3. As-built elevations for elevated or flood proofed structures must be certified by ground
surveys and flood proofing techniques must be designed and certified by a registered
professional engineer or architect as specified in the general provisions of this
Ordinance and specifically as stated in Section 916.100 of this Ordinance.
909.040 Floodway District (FW)
The permitted and conditional uses listed below are only allowable in the floodway if not
prohibited by any other underlying zoning district classifications of the City of Little
Canada and if not prohibited by any applicable state or federal law.
A. Permitted Uses:
1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, and wild crop
harvesting.
2. Boat launching ramps, swimming areas, parks, wildlife and nature preserves, and
fishing areas.
3. Residential lawns, gardens and play areas.
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Page 909-6
B. Standards for Floodway Permitted Uses:
1. The use shall have a low flood damage potential.
2. The use shall be permissible in the underlying zoning district if one exists.
3. 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.
C. Conditional Uses:
1. Extraction and storage of sand, gravel, and other materials.
2. Marinas, boat rentals, docks, piers, wharves, and water control structures.
3. Railroads, streets, bridges, utility transmission lines, and pipelines.
4. Placement of fill.
D. Standards for Floodway Conditional Uses:
1. All Uses. No fill (including fill for roads and levees), deposit, obstruction, or other use
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. All floodway conditional uses shall be subject to the procedures and standards
contained in Section 916.100.D of this Ordinance.
3. The conditional use shall be permissible in the underlying zoning district if one exists.
4. Fill:
a. Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall
be protected from erosion by vegetative cover, mulching, riprap or other acceptable
method.
b. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway
unless a long-term site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
c. As an alternative, and consistent with Subsection (b) immediately above, 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 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.
5. Storage of Materials and Equipment. 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. 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.
6. Community-wide structural works for flood control intended to remove areas from the
regulatory flood plain shall not be allowed in the floodway.
Flood Fringe District Chapter 909 Floodplain Overlay District
Page 909-7
909.050. 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). If no pre-existing, underlying zoning use
districts exist, then any residential or non-residential structure or use of a structure or land
shall be a permitted use in the Flood Fringe District provided such use does not constitute a
public nuisance. All permitted uses shall comply with the “Standards for Flood Fringe
Permitted Uses” listed in Section 916.050.B and the "Standards for all Flood Fringe Uses"
listed in Section 916.050.E.
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 one (1) foot
below the regulatory flood protection elevation and the fill shall extend at such
elevation at least fifteen (15) feet 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 500 square feet at its largest projection may be flood
proofed in accordance with the following standards:
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures shall be elevated on fill or structurally dry flood proofed
in accordance with the FP-1 or FP-2 flood proofing classifications in the State
Building Code. As an alternative, an accessory structure may be flood proofed
to the FP-3 or FP-4 flood proofing classification in the State Building Code
and, for a detached garage, the detached garage must be used solely for parking
of vehicles and limited storage. Flood proofed 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 flood proofed; and
(3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two
“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 sides of the structure and the bottom of all openings must be no
higher than one foot 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.
1. The cumulative placement of fill where at any one time in excess of one-thousand
(1,000) cubic yards of fill is located on the parcel shall be allowable only as a
conditional use, unless said fill is specifically intended to elevate a structure in
accordance with Section 916.050.B1 of this ordinance.
2. The storage of any materials or equipment shall be elevated on fill to the regulatory
flood protection elevation.
3. The provisions of Section 916.050.E of this Ordinance shall apply.
Chapter 909 Floodplain Overlay District General Provisions
Page 909-8
C. Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance
with Section 916.050.B1 – B2 and or any use of land that does not comply with the
standards in Section 916.050.B3 – B4 shall only be allowable as a conditional use. An
application for a conditional use shall be subject to the standards and criteria and evaluation
procedures specified in Sections 916.050.D–E and 916.100.D of this Ordinance.
D. Standards for Flood Fringe Conditional Uses:
1. Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-
grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of
an enclosed area shall be considered above-grade and not a structure's basement or
lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure;
2) it is designed to internally flood and is constructed with flood resistant materials;
and 3) it is used solely for parking of vehicles, building access or storage. The above-
noted alternative elevation methods are subject to the following additional standards:
a. Design and Certification - The structure's design and as-built condition must be
certified by a registered professional engineer or architect as being in compliance
with the general design standards of the State Building Code and, specifically,
that all electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or accumulating
within these components during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
(1) A minimum area of openings in the walls where internal flooding is to be
used as a flood proofing technique. There shall be a minimum of two
openings on at least two sides of the structure and the bottom of all
openings shall be no higher than one-foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch
for every square foot of enclosed area subject to flooding unless a
registered professional engineer or architect certifies that a smaller net area
would suffice. The automatic openings may be equipped with screens,
louvers, valves, or other coverings or devices provided that they permit the
automatic entry and exit of flood waters without any form of human
intervention; and
(2) That the enclosed area will be designed of flood resistant materials in
accordance with the FP-3 or FP-4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
2. Basements, as defined by Section 916.020.H2 of this Ordinance, shall be subject to the
following:
a. Residential basement construction shall not be allowed below the regulatory
flood protection elevation.
b. Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry flood proofed in accordance
with Section 916.050.D3 of this Ordinance.
General Provisions Chapter 909 Floodplain Overlay District
Page 909-9
3. All areas of non-residential structures including basements to be placed below the
regulatory flood protection elevation shall be flood proofed in accordance with the
structurally dry flood proofing classifications in the State Building Code. Structurally
dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the
State Building Code and this shall require making the structure watertight with the
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification
shall not be permitted.
4. When at any one time more than 1,000 cubic yards of fill or other similar material is
located on a parcel for such activities as on-site storage, landscaping, sand and gravel
operations, landfills, roads, dredge spoil disposal or construction of flood control
works, an erosion/sedimentation control plan must be submitted unless the community
is enforcing a state approved shoreland management ordinance. In the absence of a
state approved shoreland ordinance, the plan must clearly specify methods to be used
to stabilize the fill on site for a flood event at a minimum of the 100-year or regional
flood event. The plan must be prepared and certified by a registered professional
engineer or other qualified individual acceptable to the Governing Body. The plan
may incorporate alternative procedures for removal of the material from the flood plain
if adequate flood warning time exists.
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.
1. The provisions of Section 916.050.E of this Ordinance shall also apply.
E. Standards for All Flood Fringe Uses:
1. All new principal structures must have vehicular access at or above an elevation not
more than two (2) feet below the regulatory flood protection elevation. If a variance to
this requirement is granted, the Board of Adjustment must specify limitations on the
period of use or occupancy of the structure for times of flooding and only after
determining that adequate flood warning time and local flood emergency response
procedures exist.
2. 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.
3. 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 Section 916.050.E2 above. In considering
Chapter 909 Floodplain Overlay District 100-Year Flood Elevations
Page 909-10
permit applications, due consideration shall be given to needs of an industry whose
business requires that it be located in flood plain areas.
4. 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.
5. Flood plain developments shall not adversely affect the hydraulic capacity of the
channel and adjoining flood plain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on the Official
Zoning Map.
6. Standards for recreational vehicles are contained in Section 916.090.C.
7. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
909.060. Procedures for Determining 100-Year Flood Elevations in Zone A
A. Reserved for Future Use
B. Procedures for determining 1% annual chance flood elevations (100-YR flood elevations)
in Zone A
1. Upon receipt of an application for a permit or other approval within a Zone A, the
Zoning Administrator will use the 1% annual chance flood elevation for that basin that
has previously been determined in accordance with approved FEMA methods, if
available. If the 1% annual chance flood elevation has not been previously determined,
the applicant shall be required to furnish all necessary information as deemed
necessary by the Zoning Administrator for the determination for the 1% annual chance
flood elevation in accordance with approved FEMA methods.
2. The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in
determining the 1% annual chance flood elevation (100-year flood elevation).
Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200
and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation.
The designated engineer or expert is strongly encouraged to discuss the proposed
technical evaluation methodology with the respective Department of Natural
Resources' Area Hydrologist prior to commencing the analysis.
3. Once the 1% annual chance flood elevation (100-year flood elevation) has been
determined, the Zoning Administrator shall process the permit application consistent
with the applicable provisions of Section 916.040 and Section 916.050 of this
Ordinance.
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Page 909-11
909.070. 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 flood plain 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 Ordinance and
have road access both to the subdivision and to the individual building sites no lower than
two feet below the regulatory flood protection elevation. For all subdivisions in the flood
plain, the Floodway and Flood Fringe District 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. Procedures for determining 1% annual chance flood elevation (100-YR flood elevation) in
Zone A: In a designated Zone A area, applicants shall provide the information required in
Section 916.060.B of this Ordinance to determine the 1% annual chance flood elevation
(100-year flood elevation) and the regulatory flood protection elevation for the subdivision
site.
C. 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 1% annual chance
flood elevation (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.
909.080. 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 flood plain shall be flood proofed 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 flood plain shall comply with Sections 916.040 and 916.050 of this Ordinance.
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 Supply Systems: Where public utilities are not
provided: 1) On-site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or replacement on-site sewage
treatment systems must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters 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.
Chapter 909 Floodplain Overlay District Penalties for Violation
Page 909-12
909.090. Manufactured Homes and Parks
A. New manufactured home parks and expansions to existing manufactured home parks shall
be subject to the provisions placed on subdivisions by Section 916.070 of this Ordinance.
B. The placement of new or replacement manufactured homes in existing manufactured home
parks or on individual lots of record that are located in flood plain districts will be treated
as a new structure and may be placed only if elevated in compliance with Section 916.050
of this Ordinance. If vehicular road access for pre-existing manufactured home parks is not
provided in accordance with Section 916.050.E1, then replacement manufactured homes
will not be allowed until the property owner(s) develops a flood warning emergency plan
acceptable to the Governing Body.
1. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
C. Recreational vehicles that do not meet the exemption criteria specified in Section
916.090.C1 below shall be subject to the provisions of this Ordinance and as specifically
spelled out in Section 916.090.C3 – C4 below.
1. Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if
they are placed in any of the areas listed in Section 916.090.C2 below and further they
meet the following criteria:
a. Have current licenses required for highway use.
b. Are highway ready meaning on wheels or the internal jacking system, are
attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks and the recreational vehicle has no
permanent structural type additions attached to it.
c. The recreational vehicle and associated use must be permissible in any pre-
existing, underlying zoning use district.
2. Areas Exempted For Placement of Recreational Vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
c. Existing condominium type associations.
1. Recreational vehicles exempted in Section 916.090.C1 lose this exemption when
development occurs on the parcel exceeding $500 for a structural addition to the
recreational vehicle or exceeding $500 for an accessory structure such as a garage or
storage building. The recreational vehicle and all additions and accessory structures
will then be treated as a new structure and shall be subject to the elevation/flood
proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0
of this Ordinance. There shall be no development or improvement on the parcel or
attachment to the recreational vehicle that hinders the removal of the recreational
vehicle to a flood free location should flooding occur.
2. New commercial recreational vehicle parks or campgrounds and new residential type
subdivisions and condominium associations and the expansion of any existing similar
use exceeding five (5) units or dwelling sites shall be subject to the following:
Penalties for Violation Chapter 909 Floodplain Overlay District
Page 909-13
a. Any new or replacement recreational vehicle will be allowed in the Floodway or Flood
Fringe Districts provided said recreational vehicle and its contents are placed on fill above
the regulatory flood protection elevation and proper elevated road access to the site exists
in accordance with Section 916.050.E1 of this Ordinance. No fill placed in the floodway to
meet the requirements of this Section shall increase flood stages of the 100-year or regional
flood.
b. All new or replacement recreational vehicles not meeting the criteria of (a) above may, as
an alternative, be allowed as a conditional use if in accordance with the following
provisions and the provisions of 916.100.D of the Ordinance. The applicant must submit
an emergency plan for the safe evacuation of all vehicles and people during the 100-year
flood. Said plan shall be prepared by a registered engineer or other qualified individual,
shall demonstrate that adequate time and personnel exist to carry out the evacuation, and
shall demonstrate the provisions of Section 916.090.C1 (a) and (b) of this Ordinance will
be met. All attendant sewage and water facilities for new or replacement recreational
vehicles must be protected or constructed so as to not be impaired or contaminated during
times of flooding in accordance with Section 916.080.C of this Ordinance.
909.100. Administration
A. Zoning Administrator. A Zoning Administrator or other official designated by the
Governing Body shall administer and enforce this Ordinance. If the Zoning Administrator
finds a violation of the provisions of this Ordinance the Zoning Administrator shall notify
the person responsible for such violation in accordance with the procedures stated in
Section 966.120 of the Ordinance.
B. Permit Requirements.
1. Permit Required. A Permit issued by the Zoning Administrator in conformity with the
provisions of this Ordinance 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 flood plain.
2. Application for Permit. Application for a permit shall be made in duplicate to the
Zoning Administrator on forms furnished by the Zoning Administrator and shall
include the following where applicable: plans in duplicate 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
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Page 909-14
Zoning Administrator stating that the use of the building or land conforms to the
requirements of this Ordinance.
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
Ordinance, and punishable as provided by Section 966.120 of this Ordinance.
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 Ordinance. Flood proofing 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 flood plain. The Zoning
Administrator shall also maintain a record of the elevation to which structures or
alterations and additions to structures are flood proofed.
8. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the Department of
Natural Resources prior to the community authorizing any alteration or relocation of a
watercourse. If the applicant has applied for a permit to work in the beds of public
waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate
notice to the Commissioner of Natural Resources. A copy of said notification shall
also be submitted to the Chicago Regional Office of the Federal Emergency
Management Agency (FEMA).
9. Notification to FEMA. When Physical Changes Increase or Decrease the 100-year
Flood Elevation. As soon as is practicable, but not later than six (6) months after the
date such supporting information becomes available, the Zoning Administrator shall
notify the Chicago Regional Office of FEMA of the changes by submitting a copy of
said technical or scientific data.
C. Variances, Amendments, and Appeals. All amendments, appeals, and variances to this
Section (916) shall comply with the standards, provisions, requirements, and procedures
outlined in Sections 921, 922, and 922A of this Ordinance, along with the following:
1. Notification to DNR. The Commissioner of Natural Resources shall be given at
minimum a ten (10) day notice of any public hearing, and a review and written report
must be obtained from the Minnesota Department of Natural Resources and any other
governmental body or commission having jurisdiction for such changes, additions, or
modifications affecting a Floodplain District. The Commissioner of Natural
Resources shall be advised in writing of all decisions made regarding amendments
and variances within ten (10) days of such action.
2. No appeal, amendment, or 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 that particular area, or permit standards
lower than those required by state law.
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Page 909-15
3. The City shall maintain a record of all appeal, amendment, and 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.
4. The Zoning Administrator shall notify the applicant for a variance of the following:
(1) 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 $25 or $100 of insurance coverage; and
(2) Such construction below the 100-year or regional flood level increases risks to
life and property.
(3) Such notification shall be maintained with a record of all variance applications.
(4) Variance Criteria. The following variance criteria of the Federal Emergency
Management agency (FEMA) must be satisfied in granting a variance to this
Section, in addition to the criteria established in Section 922:
a. Variances shall not be issued within any designated regulatory floodway if
any increase in flood levels during the base flood discharge would result.
(5) Variances shall only be issued upon the following:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
c. 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.
(6) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(7) Conditions Attached to Variances. In granting a variance to this Section, the
Board of Adjustment may prescribe appropriate conditions and safeguards as it
deems necessary to fulfill the purposes of this Ordinance. Violations of such
conditions and safeguards, when made a par to the terms under which the
variance is granted, shall be deemed a violation of this Ordinance punishable
under Section 916.120. Such conditions may include, but are not limited to,
the following:
(8) Modification of waste treatment and water supply facilities.
(9) Limitations on period of use, occupancy, and operation.
(10) Imposition of operational controls, sureties, and deed restrictions.
(11) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(12) Flood proofing measures, in accordance with the State Building Code of this
Ordinance. The applicant shall submit a plan or document certified by a
registered professional engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection elevation and associated
flood factors for the particular area.
Chapter 909 Floodplain Overlay District Penalties for Violation
Page 909-16
1. Amendments. The flood plain designation on the Official Zoning Map shall not be
removed from flood plain 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 flood plain. 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.
2. All amendments to this Ordinance, 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 10-days written notice of all hearings to consider an
amendment to this Ordinance and said notice shall include a draft of the Ordinance
amendment or technical study under consideration.
3. Appeals. Appeals from any decision of the Board of Adjustment may be made, and as
specified in Section 922-A.
D. Conditional Uses. All conditional use permits located within the flood districts affected by
this Section shall comply with the standards, provisions, requirements, and procedures
outlined in Sections 921 of this Ordinance, along with the following:
1. Notification to DNR. The Commissioner of Natural Resources shall be given at
minimum a ten (10) day notice of any public hearing, and a review and written report
must be obtained from the Minnesota Department of Natural Resources and any other
governmental body or commission having jurisdiction for such changes, additions, or
modifications affecting a Floodplain District. The Commissioner of Natural
Resources shall be advised in writing of all decisions made regarding amendments
and variances within ten (10) days of such action.
2. Factors Upon Which Decision Shall Be Based. In reviewing conditional use permit
applications, the Planning Commission and City Council shall consider all relevant
factors specified in other sections of this Ordinance, along with the following:
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
inquiry 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.
Penalties for Violation Chapter 909 Floodplain Overlay District
Page 909-17
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 flood plain
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 flood waters expected at the site.
3. Such other factors which are relevant to the purposes of this Ordinance.
4. Conditions Attached to Conditional Use Permits. In granting a conditional use permit
in one of the flood districts, the Council may prescribe appropriate conditions and
safeguards as it deems necessary to fulfill the purposes of this Ordinance. Violations of
such conditions and safeguards, when made a par to the terms under which the variance
is granted, shall be deemed a violation of this Ordinance punishable under Section
916.120. 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. Flood proofing measures, in accordance with the State Building Code of this
Ordinance. The applicant shall submit a plan or document certified by a
registered professional engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection elevation and associated
flood factors for the particular area.
909.110. Non-Conforming Uses
A structure or the use of a structure or premises which was lawful before the passage or
amendment of this Ordinance but which is not in conformity with the provisions of this
Ordinance may be continued subject to the following conditions. Historic structures, as defined
in Section 916.020.H21b of this Ordinance, shall be subject to the provisions of Sections
916.110.A1 - A5 of this Ordinance.
A. No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
B. 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 flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing
classifications) allowable in the State Building Code, except as further restricted in Section
916.110.C and F below.
C. RESERVED.
D. If any nonconforming use is discontinued for l2 consecutive months, any future use of the
building premises shall conform to this Ordinance. The Assessor shall notify the Zoning
Chapter 909 Floodplain Overlay District Penalties for Violation
Page 909-18
Administrator in writing of instances of nonconforming uses that have been discontinued
for a period of l2 months.
E. If any nonconforming use or structure is substantially damaged, as defined in Section
916.020.H20 of this Ordinance, it shall not be reconstructed except in conformity with the
provisions of this Ordinance. The applicable provisions for establishing new uses or new
structures in Section 916.040 or 916.050 will apply depending upon whether the use or
structure is in the Floodway or Flood Fringe District, respectively.
F. If a substantial improvement occurs, as defined in Section 916.020.H21 of this Ordinance,
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 916.040 or
916.050 of this Ordinance for new structures, depending upon whether the structure is in
the Floodway or Flood Fringe District, respectively.
909.120. Penalties for Violation
A. Violation of the provisions of this Ordinance 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 Little Canada 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 Ordinance 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 Ordinance violations to the extent
possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
2. When an Ordinance 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
Ordinance 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: (1) 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
Penalties for Violation Chapter 909 Floodplain Overlay District
Page 909-19
official controls; or (2) notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of time not to exceed 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 Ordinance 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 Ordinance.
Page 910- 1
CHAPTER 910 "S", SHORELAND OVERLAY DISTRICT
910.010 General Provisions ............................................................................................. 910-1
910.020 Designation of Types of Land Use .................................................................... 910-1
910.030 Minimum Lot and Setback Requirements ......................................................... 910-3
910.040 Shoreland Alterations ......................................................................................... 910-5
910.050 Special Provisions for Commercial and Industrial Land Uses ........................... 910-7
910.060 Conditional Uses ................................................................................................ 910-8
910.070 Variances ............................................................................................................ 910-8
910.080 Subdivision and Platting Provisions .................................................................. 910-9
910.090 Notifications to the Department of Natural Resources .................................... 910-10
910.100 Planned-Unit Developments ........................................................................... 910-10
910.110 Development of Substandard Lots ................................................................... 910-15
910.010. GENERAL PROVISIONS
A. Statutory Authorization:
This Shoreland Ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
B. Policy:
The uncontrolled use of shorelands of the City of Little Canada affects the public health, safety
and general welfare not only by contributing to pollution of public waters, but also by impairing
the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to
provide for the wise development of shorelands of public waters. The Legislature of Minnesota
has delegated responsibility to the municipalities of the State to regulate the subdivision, use and
development of the shorelands of public waters and thus preserve and enhance the quality of
surface waters, preserve the economic and natural environmental values of shorelands, and
provide for the wise utilization of waters and related land resources. This responsibility is hereby
recognized by the City of Little Canada.
910.020. DESIGNATION OF TYPES OF LAND USE
A. Shoreland Management Classification:
In order to guide the wise development and utilization of shorelands of protected waters for the
preservation of water quality, natural characteristics, economic values and the general health,
safety and welfare, certain protected waters in the City have been given a shoreland management
classification. These protected waters of the City have been classified by the Commissioner of
Natural Resources according to the DNR Protected Waters Maps for Ramsey County as follows:
Recreational Development Lakes DNR ID # OHWL
1. Twin Lake 62-39P *
General Development Lakes DNR ID # OHWL
1. Gervais Lake 62-7P 859.50
2. Savage Lake (West) 62-8P *
3. Savage Lake (East) 62-147W *
Chapter 910 Shoreland Overlay District Designation of Types of Land Use
Page 910-2
4. Round Lake 62-9P *
5. Blacktern Pond 62-129W *
6. Unnamed Wetland (Section 8,
Township 29, Range 22) 62-154W *
* OHWL not determined by DNR.
B. Shoreland District:
The shorelands of the City of Little Canada are hereby designated as a Shoreland Overlay
District. The purpose of the Shoreland Overlay District is to provide for the wise utilization of
shoreland areas in order to preserve the quality and natural character of these protected waters of
the City
1. Permitted Uses.
All permitted uses allowed and regulated by the applicable zoning district as indicated on
the official Zoning Map of the City.
2. Conditional Uses.
All conditional uses and applicable attached conditions allowed and regulated by the
applicable zoning district underlying this Shoreland District as indicated on the Official
Zoning Map of the City.
3. Substandard Uses.
Any uses of the shorelands in existence prior to the date of enactment of this Ordinance
which are permitted within the applicable zoning district, but do not meet the minimum
lot area, setbacks or other dimensional requirements of this Ordinance are substandard
uses. However, structural alterations which substantially increase the substandard
dimension may not be allowed.
a. Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high-water level if all of the following criteria
and standards are met:
(1) The structure existed on the date the structure setbacks were established;
(2) A thorough evaluation of the property and structure reveals no
reasonable location for a deck meeting or exceeding the existing ordinary
high-water level setback of the structure;
(3) The deck encroachment toward the ordinary high-water level does not
exceed fifteen (15) percent of the existing setback of the structure from
the ordinary high water level or does not encroach closer than thirty (30)
feet, whichever is more restrictive; and
(4) The deck is constructed primarily of wood, and is not roofed or screened.
4. Prohibited Uses.
Any uses which are not permitted or conditional uses as regulated by the applicable
zoning district underlying this Shoreland District as indicated on the Official Zoning Map
of the City.
Minimum Lot and Setback Requirements Chapter 910 Shoreland Overlay District
Page 910-3
910.030. MINIMUM LOT AND SETBACK REQUIREMENTS
A. Tributary
Recreational General River
Development Development Segments
Lot Area Above OHW
Sewered, Riparian
Single 20,000 SF 15,000 SF N/A
Duplex 35,000 SF 26,000 SF
Triplex 50,000 SF 38,000 SF
Quad 65,000 SF 49,000 SF
Sewered, Non-riparian
Single 15,000 SF 10,000 SF N/A
Duplex 26,000 SF 17,500 SF
Triplex 38,000 SF 25,000 SF
Quad 49,000 SF 32,500 SF
B. Lot Width at OHW
Sewered, Riparian
Single 75 feet 75 feet 75 feet
Duplex 135 feet 135 feet 115 feet
Triplex 195 feet 195 feet 150 feet
Quad 255 feet 255 feet 190 feet
Sewered, Non-riparian
Single 75 feet 75 feet 75 feet
Duplex 135 feet 135 feet 115 feet
Triplex 190 feet 190 feet 150 feet
Quad 245 feet 245 feet 190 feet
C. Setback from OHW1 75 feet 50 feet 30 feet
D. Setback from public
street2
Abutting federal, state
or county trunk
highway 50 feet 50 feet 50 feet
Abutting
town road or
public street 30 feet 30 feet 30 feet
E. Maximum impervious
surface to lot area
ratio2 30 percent 30 percent 30 percent
F. Maximum building
height 35 feet 35 feet 25/35 feet
G. Side yard setbacks District standard unless abutting water body - then "C" above
Chapter 910 Shoreland Overlay District Minimum Lot Area and Setback Requirements
Page 910-4
H. Setback of roads/
parking/other
impervious surfaces
from OHW3 50 feet 50 feet 50 feet
I. Structure height
(lowest floor)
above highest
known water level4 3 feet 3 feet 3 feet
1 Setback requirements from the ordinary high-water mark shall not apply to piers
and docks. Where development exists on both sides of a proposed building site,
building setbacks may be altered to more closely conform to adjacent setbacks.
2 Maximum may be exceeded up to 75 percent of lot area subject to submission of
a shoreland impact plan specified in Section 910.090 and provided by Council.
3 Where feasible and practical, all roads and parking areas shall meet the setback
requirements established for structure in "C" above. Natural vegetation or other
natural materials shall be required in order to screen parking areas when viewed
from the water. Parking areas of more than four (4) spaces shall be screened in
accordance with a landscaping plan submitted and approved by the City Council.
J. Does not include piers and docks.
K. Stairways, Lifts and Landings.
Stairways and lifts are the preferred alternative to major topographic alterations for achieving
access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the
following design requirements:
1. Stairways and lifts must not exceed four feet in width on residential lots. Wider
stairways may be used for commercial properties, public open-space recreational
properties, and planned unit developments;
2. Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square
feet in area. Landings larger than thirty-two (32) square feet may be used for commercial
properties, public open-space recreational properties, and planned unit developments;
3. Canopies or roofs are not allowed on stairways, lifts or landings;
4. Stairways, lifts, and landings may be either constructed above the ground on post or
pilings, or placed into the ground, provided they are designed and built in a manner that
ensures control of soil erosion;
5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions
of lots, as viewed from the surface of the public water assuming summer, leaf-on
conditions, whenever practical; and
6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are
also allowed for achieving access to shore areas, provided that the dimensional and
performance standards of Sections 910.020.K.1 through 910.020.K.5 of this Ordinance
are complied with in addition to the requirements of Minnesota Regulations, Ch. 1340.
Shoreland Alterations Chapter 910 Shoreland Overlay District
Page 910-5
910.040. SHORELAND ALTERATIONS.
Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix
nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish
and wildlife habitat.
A. Vegetation Alterations:
1. Vegetation alteration necessary for the construction of structures and sewage treatment
systems and the construction of roads and parking areas regulated by this Ordinance are
exempt from the vegetation alteration standards that follow.
2. Removal or alteration of vegetation, except for agricultural and forest management uses
as regulated by this Ordinance is allowed subject to the following standards:
a. Intensive vegetation clearing within the shore and bluff impact zones and on
steep slopes is not allowed. Intensive vegetation clearing for forest land
conversion to another use outside of these areas is allowable as a conditional use
if an erosion control and sedimentation plan is developed and approved by the
soil and water conservation district in which the property is located.
b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and
shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to
the water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, beach and watercraft access
areas, and permitted water-oriented accessory structures of facilities, provided
that:
(1) The screening of structures, vehicles, or other facilities as viewed from
the water, assuming summer, leaf on conditions, is not substantially
reduced;
(2) The above provision is not applicable to the removal of trees, limbs, or
branches that area dead, diseased, or pose safety hazards.
B. Topographic Alterations/Grading and Filling:
1. Grading and filling and excavations necessary for the construction of structures, sewage
treatment systems, and driveways under validly issued construction permits for these
facilities do not require the issuance of a separate grading and filling permit. However,
the grading and filling standards in this section must be incorporated into the issuance of
permits for construction of structures, sewage treatment systems, and driveways.
2. Public roads and parking areas are regulated by Section 903.050 of this Ordinance.
3. Notwithstanding Sections 910.040.B.1 and 910.040.B.2 of this Ordinance, a grading and
filling permit will be required for:
a. The movement of more than ten (10) cubic yards of material on steep slopes or
within shore or bluff impact zones; and
b. The movement of more than fifty (50) cubic yards of material outside of steep
slopes and shore and bluff impact zones.
4. The following considerations and conditions must be adhered to during the issuance of
construction permits, grading and filling permits, conditional use permits, variances and
subdivision approvals:
a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland, as defined in the
United States Fish and Wildlife Service Circulation No. 39 (1971 Edition), must
Chapter 910 Shoreland Overlay District Shoreland Alterations
Page 910-6
be evaluated to determine how extensively the proposed activity would affect the
following functional qualities of the wetland*:
(1) Sediment and pollutant trapping and retention;
(2) Storage of surface runoff to prevent or reduce flood damage;
(3) Fish and wildlife habitat;
(4) Recreational use;
(5) Shoreline or bank stabilization; and
(6) Noteworthiness, including special qualities such as historic significance,
critical habitat for endangered plants and animals, or others.
* This evaluation must also include a determination of whether the
wetland alteration being proposed requires permits, reviews, or
approvals by other local, state, or federal agencies such as a
watershed district, the Minnesota Department of Natural Resources,
or the United States Army Corps of Engineers. The applicant will be
so advised.
b. Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible;
c. Mulches or similar materials must be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover must be established as soon as
possible.
d. Methods to minimize soil erosion and to trap sediments before they reach any
surface water feature must be used;
e. Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water
conservation districts and the United States Soil Conservation Service;
f. Fill or excavated material must not be placed in a manner that creates an unstable
slope;
g. Plans to place fill or excavated material on steep slopes must be reviewed by
qualified professionals for continued slope stability and must not create finished
slopes of thirty (30) percent or greater;
h. Fill or excavated material must not be placed in bluff impacted zones;
i. Any alterations below the ordinary high-water level of public waters must first be
authorized by the Commissioner under Minnesota Statutes, Chapter 103G.241;
j. Alterations of topography must only be allowed if they are accessory to permitted
or conditional uses and do not adversely affect adjacent or nearby properties; and
k. Placement of natural rock riprap, including associated grading of the shoreline
and placement of a filter blanket, is permitted if the finished slope does not
exceed three (3) feet horizontal to one foot vertical, the landward extent of the
riprap is within ten (10) feet of the ordinary high-water level, and the height of
the riprap above the ordinary high-water level does not exceed three (3) feet.
Shoreland Alterations Chapter 910 Shoreland Overlay District
Page 910-7
C. Placement and Design of Roads, Driveways and Parking Areas:
1. Public and private roads and parking areas must be designed to take advantage of natural
vegetation and topography to achieve maximum screening from view from public waters.
Documentation must be provided by a qualified individual that all roads and parking
areas are designed and constructed to minimize and control erosion to public waters
consistent with the field office technical guides of the local soil and water conservation
district, or other applicable technical materials.
2. Roads, driveways, and parking areas must meet shoreland setbacks and must not be
placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. If no alternatives exist, they may be placed within these
areas, and must be designed to minimize adverse impacts.
3. Public and private watercraft access ramps, approach roads, and access-related parking
areas may be placed within shore impact zones provided the vegetative screening and
erosion control conditions of this sub-part are met. For private facilities, the grading and
filling provisions of Section 910.040.B.4 of this Ordinance must be met.
D. Storm Water Management.
(The following regulations shall be applied to all land alterations in the Shoreland District, in
addition to the requirements of the Little Canada Stormwater Ordinance, Section 927):
1. When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces
must be used to convey, store, filter, and retain storm water runoff before discharge to
public waters.
2. Development must be planned and conducted in a manner that will minimize the extent
of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff
volumes. Disturbed areas must be stabilized and protected as soon as possible in
accordance with Best Management Practices. Facilities or methods shall be used to retain
sediment on the site.
3. When development density, topographic features, and soil and vegetation conditions are
not sufficient to adequately handle storm water runoff using natural features and
vegetation, various types of constructed facilities such as diversions, settling basins,
skimming devices, dikes, waterways, and ponds may be used. Preference must be given
to designs using surface drainage, vegetation, and infiltration rather than buried pipes and
man-made materials and facilities.
4. When constructed facilities are used for storm water management, documentation must
be provided by a qualified individual that they are designed and installed consistent with
the field office technical guide of the local soil and water conservation districts.
5. New construction storm water outfalls to public waters must provide for filtering or
settling of suspended solids and skimming of surface debris before discharge.
910.050. SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL AND PUBLIC /
SEMI-PUBLIC:
Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or if
located on lots or parcels with public waters frontage, must either be set back double the normal ordinary
high-water level setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf on conditions. Water-oriented need shall be determined by the
Zoning Administrator.
Chapter 910 Shoreland Overlay District Conditional Uses and Variances
Page 910-8
910.060. CONDITIONAL USES:
Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures,
and criteria and conditions for review of conditional uses established in Section 921 of this Ordinance.
The following additional evaluation criteria and conditions apply within shoreland areas:
A. Evaluation Criteria.
A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on
the site must be made to ensure:
1. The prevention of soil erosion or other possible pollution of public waters, both during
and after construction;
2. The visibility of structures and other facilities as viewed from public waters is limited;
3. The site is adequate for water supply and on-site sewage treatment; and
4. The types, uses, and numbers of watercraft that the project will generate are compatible
in relation to the suitability of public waters to safely accommodate these watercrafts.
B. Conditions Attached to Conditional Use Permits:
The City Council, upon consideration of the criteria listed above and the purposes of this
Ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems
necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not
limited to, the following:
1. Increased setbacks from the ordinary high-water level;
2. Limitations on the natural vegetation to be removed or the requirement that additional
vegetation be planted; and
3. Special provisions for the location, design, and use of structures, sewage treatment
systems, watercraft launching and docking areas, and vehicle parking areas.
910.070. VARIANCES
A. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as
applicable. A variance may not circumvent the general purposes and intent of this Ordinance.
No variance may be granted that would allow any use that is prohibited in the zoning district in
which the subject property is located. Conditions may be imposed in the granting of a variance to
ensure compliance and to protect adjacent properties and the public interest. In considering a
variance request, the City Council must also consider whether the property owner has reasonable
use of the land without the variance, whether the property is used seasonally or year-round,
whether the variance is being requested solely on the basis of economic considerations, and the
characteristics of development on adjacent properties.
B. The City Council shall hear and decide requests for variances in accordance with the rules that it
has adopted for the conduct of business. When a variance is approved after the Department of
Natural Resources has formally recommended denial in the hearing record, the notification of the
approved variance required in Section 910.090 shall also include the City Council's summary of
the public record/testimony and the findings of facts and conclusions which supported the
issuance of the variance.
Subdivision and Platting Provisions Chapter 910 Shoreland Overlay District
Page 910-9
910.080. SUBDIVISION / PLATTING PROVISIONS
A. Land Suitability:
Each lot created through subdivision, including planned unit development authorized under
Section 910.080 of this Ordinance, must be suitable in its natural state for the proposed use with
minimal alteration. Suitability analysis by the local unit of government shall consider
susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations
for development, severe erosion potential, steep topography, inadequate water supply or sewage
treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation,
important fish and wildlife habitat, presence of significant historic sites, or any other feature of
the natural land likely to be harmful to the health, safety, or welfare of future residents of the
proposed subdivision of Little Canada.
B. Consistency with Other Controls:
Subdivisions must conform to all official controls within the Little Canada Subdivision
Ordinance, Sections 1001 through 1012. A subdivision will not be approved where a later
variance from one or more standards in official controls would be needed to use the lots for their
intended purpose.
C. Information Requirements:
Sufficient information must be submitted by the applicant for the community to make a
determination of land suitability. The information shall include at least the following:
1. Topographic contours at ten (10) foot intervals or less from United States Geological
Survey maps or more accurate sources, showing limiting size characteristics;
2. The surface water features required in Minnesota Statutes, Section 505.02, Subdivision 1,
to be shown on plats, obtained from United States Geological Survey quadrangle
topographic maps or more accurate sources;
3. Adequate soils information to determine suitability for building capabilities for every lot
from the most current existing sources or from field investigations such as soil borings, or
other methods;
4. Information regarding extent of anticipated vegetation and topographic alterations; near-
shore aquatic conditions, including depths, types of bottom sediments, and aquatic
vegetation; and proposed methods for controlling storm water runoff and erosion, both
during and after construction activities;
5. Location of 100-year floodplain areas and floodway districts from existing adopted maps
or data; and
6. A line or contour representing the ordinary high-water level, the "toe" and the "top" of
the bluffs, and the minimum building setback distances from the top of the bluff and the
lake or stream.
D. Dedications:
When a land or easement dedication is a condition of subdivision approval, the approval must
provide easements over natural drainage or ponding areas for management of storm water and
significant wetlands.
Chapter 910 Shoreland Overlay District Conditional Uses and Variances
Page 910-10
E. Platting:
All subdivisions that create five or more lots or parcels that are ten (10) acres or less in size shall
be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for
construction of buildings or sewage treatment systems shall be issued for lots created after these
official controls were enacted unless the lot was approved as part of a formal subdivision.
F. Controlled Access or Recreational Lots:
Lots intended as controlled accesses to public waters or for recreational use areas for use by non-
riparian lots within a subdivision must meet or exceed the sizing criteria in Section 910.030 of
this Ordinance.
910.090. NOTIFICATIONS TO THE DEPARTMENT OF NATURAL RESOURCES.
A. Copies of all notices of any public hearings to consider variances, amendments, or conditional
uses under local shoreland management controls must be sent to the Commissioner or the
Commissioner's designated representative and postmarked at least ten (10) days before the
hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the
subdivision/plat.
B. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or
conditional uses under local shoreland management controls must be sent to the Commissioner or
the Commissioner's designated representative and postmarked within ten (10) days of final action.
910.100 PLANNED-UNIT DEVELOPMENTS
A. Types of PUDs Permissible:
Planned unit developments (PUDs) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land. The land
use districts in which they are an allowable use are identified in the land use district descriptions
in Subd. 910.020.B.1 of this Ordinance and the official zoning map.
B. Application for a PUD:
The applicant for a PUD must submit the following documents prior to final action being taken
on the application request:
1. A site plan and/or plat for the project showing locations of property boundaries, surface
water features, existing and proposed structures and other facilities, land alterations,
sewage treatment and water supply systems (where public systems will not be provided),
and topographic contours at two (2) foot intervals or less. When a PUD is a combined
commercial and recreational development, the site plan and/or plat must indicate and
distinguish which buildings and portions of the project are residential, commercial, or a
combination of the two.
2. A property owners association agreement (for residential PUDs) with mandatory
membership, and all in accordance with the requirements of Section 910.110.F of this
Ordinance.
3. Deed restrictions, covenants, permanent easements or other instruments that:
a. Properly address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of commercial
buildings in residential PUDs; and
b. Ensure the long-term preservation and maintenance of open space in accordance
with the criteria and analysis specified in Section 910.110.F of this Ordinance.
Planned-Unit Developments Chapter 910 Shoreland Overlay District
Page 910-11
4. When necessary, a master plan/drawing describing the project and the floor plan for all
commercial structures to be occupied.
5. Those additional documents as requested by the Zoning Administrator that are necessary
to explain how the PUD will be designed and will function.
C. Site "Suitable Area" Evaluations:
Proposed new or expansions to existing planned unit developments must be evaluated using the
following procedures and standards to determine the suitable area for the dwelling unit/dwelling
site density evaluation in Section 910.110.F of this Ordinance.
1. The project parcel must be divided into tiers by locating one or more lines approximately
parallel to a line that identifies the ordinary high-water level at the following intervals,
proceeding landward.
Shoreland Tier Dimensions
Sewered
(feet)
General Development Lakes-
First Tier 200
Second and Addl. Tiers 200
Recreational Development Lakes 267
2. The suitable area within each tier is next calculated by excluding from the tier area all
wetlands, bluffs, or land below the ordinary high-water level of public waters. This
suitable area and the proposed project are then subject to either the residential or
commercial planned unit development density evaluation steps to arrive at an allowable
number of dwelling units or sites.
D. Residential and Commercial PUD Density Evaluation:
The procedures for determining the "base" density of a PUD and a density increase multipliers is
as follows. Allowable densities may be transferred from any tier to any other tier further from the
waterbody, but must not be transferred to any other tier closer.
1. Residential PUD "Base" Density Evaluation.
a. The suitable area within each tier is divided by the single residential lot size
standard for lakes, unless the local unit of government has specified an
alternative minimum lot size for rivers which shall then be used to yield a base
density of dwelling units or sites for each tier. Proposed locations and numbers
of dwelling units or sites for the residential planned unit developments are then
compared with the tier, density, and suitability analysis herein and the design
criteria in Section 910.110.F of this Ordinance.
2. Commercial PUD "Base" Density Evaluation.
a. Determine the average inside living area size of dwelling units or sites within
each tier, including both existing and proposed units and sites. Computation of
inside living area sizes need not include decks, patios, stops, steps, garages, or
porches and basements, unless they are habitable space.
b. Select the appropriate floor area ratio from the following table.
Commercial Planned Unit Development
Floor Area Ratios*
Public Waters Classes
Chapter 910 Shoreland Overlay District Planned-Unit Developments
Page 910-12
*Average General
unit floor Development Recreational
area (sq.ft.) Lakes Lakes
200 .040 .020
300 .048 .024
400 .056 .028
500 .065 .032
600 .072 .038
700 .082 .042
800 .091 .046
900 .099 .050
1,000 .108 .054
1,100 .116 .058
1,200 .125 .064
1,300 .133 .068
1,400 .142 .072
1,500 .150 .075
* For average unit floor areas less than shown, use the floor area ratios
listed for 200 square feet. For areas greater than shown, use the ratios
listed for 1,500 square feet. For recreational camping areas, use the
ratios listed at 400 square feet. Manufactured home sites in recreational
camping areas shall use a ratio equal to the size of the manufactured
home, or if unknown, the ratio listed for 1,000 square feet.
c. Multiply the suitable area within each tier by the floor area ratio to yield total
floor area for each tier allowed to be used for dwelling units or sites.
d. Divide the total floor area by tier computed in Section 910.100.D.2.c. of this
Ordinance by the average inside living area size determined in Section
910.100.D.2.a. of this Ordinance. This yields a base number of dwelling units
and sites for each tier.
e. Proposed locations and numbers of dwelling units or sites for the commercial
planned unit development are then compared with the tier, density and suitability
analysis herein and the design criteria in Section 910.110.F of this Ordinance.
3. Density Increase Multipliers.
a. Increases to the dwelling unit or dwelling site base densities previously
determined are allowable if the dimensional standards in Section 910.020 of this
Ordinance are met or exceeded and the design criteria in Section 910.110.F of
this Ordinance are satisfied. The allowable density increases in Section
910.100.D.3.b. of this Ordinance will only be allowed if structure setbacks from
the ordinary high water level are increased to at least fifty (50) percent greater
than the minimum setback, or the impact on the waterbody is reduced an
equivalent amount through vegetative management, topography, or additional
means acceptable to the City of Little Canada and the setback is at least twenty-
five (25) percent greater than the minimum setback.
b. Allowable dwelling unit or dwelling site density increases for residential or
commercial planned unit developments:
Planned-Unit Developments Chapter 910 Shoreland Overlay District
Page 910-13
Density Evaluation Maximum density increase
Tiers within each tier (percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
F. Maintenance and Design Criteria.
1. Maintenance and Administration Requirements.
a. Before final approval of a planned unit development, adequate provisions must
be developed for preservation and maintenance in perpetuity of open spaces and
for the continued existence and functioning of the development.
b. Open Space Preservation. Deed restrictions, covenants, permanent easements,
public dedication and acceptance, or other equally effective and permanent
means must be provided to ensure long-term preservation and maintenance of
open space. The instruments must include all of the following protections:
(1) Commercial uses prohibited (for residential PUDs);
(2) Vegetation and topographic alterations other than routine maintenance
prohibited;
(3) Construction of additional buildings or storage of vehicles and other
materials prohibited; and
(4) Uncontrolled beaching of watercraft prohibited.
c. Development organization and functioning. Unless an equally effective
alternative community framework is established, when applicable, all residential
planned unit developments must use an owner’s association with the following
features:
(1) Membership must be mandatory for each dwelling unit or site purchaser
and any successive purchasers;
(2) Each member must pay a pro rata share of the association's expenses, and
unpaid assessments can become liens on units or sites;
(3) Assessments must be adjustable to accommodate changing conditions;
and
(4) The association must be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
2. Open Space Requirements.
Planned unit developments must contain open space meeting all of the following criteria:
a. At least fifty (50) percent of the total project area within the Shoreland District
must be preserved as open space;
b. Dwelling units or sites, road rights-of-way, or land covered by road surfaces,
parking areas, or structures, except water-oriented accessory structures or
facilities, are developed areas and shall not be included in the computation of
minimum open space;
Chapter 910 Shoreland Overlay District Planned-Unit Developments
Page 910-14
c. Open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic sites
or unplatted cemeteries;
d. Open space may include outdoor recreational facilities for use by owners of
dwelling units or sites, by guests staying in commercial dwelling units or sites,
and by the general public;
e. Open space may include subsurface sewage treatment systems if the use of the
space is restricted to avoid adverse impacts on the systems;
f. Open space must not include commercial facilities or uses, but may contain
water-oriented accessory structures or facilities;
g. The appearance of open space areas, including topography, vegetation, and
allowable uses, must be preserved by use of restrictive deed covenants,
permanent easements, public dedication and acceptance, or other equally
effective and permanent means; and
h. The shore impact zone, based on normal structure setbacks, must be included as
open space. For residential PUDs, at least fifty (50) percent of the shore impact
zone area of existing developments or at least seventy (70) percent of the shore
impact zone area of new developments must be preserved in its natural existing
state. For commercial PUDs, at least fifty (50) percent of the shore impact zone
must be preserved in its natural state.
3. Erosion Control and Storm Water Management.
Erosion control, storm water management plans, and Best Management Practices must be
developed and the PUD must:
a. Be designed, and the construction managed, to minimize the likelihood of serious
erosion occurring either during or after construction. This must be accomplished
by limiting the amount and length of time of bare ground exposure. Temporary
ground covers, sediment entrapment facilities, vegetated buffer strips, or other
appropriate techniques must be used to minimize erosion impacts on surface
water features. Erosion control plans approved by a soil and water conservation
district may be required if project size and site physical characteristic warrant;
and
b. Be designed and constructed to effectively manage reasonably expected
quantities and qualities of storm water runoff. Impervious surface coverage
within any tier must not exceed twenty-five (25) percent of the tier area, except
that for commercial PUDs thirty-five (35) percent impervious surface coverage
may be allowed in the first tier of general development lakes with an approved
storm water management plan and consistency with Section 910.030 of this
Ordinance.
c. Be designed to be consistent with the City of Little Canada Erosion Control
Ordinance (Section 928) and Stormwater Ordinance (Section 927).
4. Centralization and Design of Facilities.
Centralization and design of facilities and structures must be done according to the
following standards:
a. Planned unit developments must be connected to publicly owned water supply
and sewer systems.
Development on Substandard Lots Chapter 910 Shoreland Overlay District
Page 910- 15
b. Dwelling units or sites must be clustered into one or more groups and located on
suitable areas of the development. They must be designed and located to meet or
exceed the following dimensional standards for the relevant shoreland
classification: setback from the ordinary high-water level, elevation above the
surface water features, and maximum height. Setbacks from the ordinary high-
water level must be increased in accordance with Section 910.030 of this
Ordinance for developments with density increases;
c. Shore recreation facilities, including but not limited to swimming areas, docks,
and watercraft mooring areas and launching ramps, must be centralized and
located in areas suitable for them. Evaluation of suitability must include
consideration of land slope, water depth, vegetation, soils, depth to groundwater
and bedrock, or other relevant factors. The number of spaces provided for
continuous beaching, mooring, or docking of watercraft must not exceed one for
each allowable dwelling unit or site in the first tier (notwithstanding existing
mooring sites in an existing commercially used harbor). Launching ramp
facilities, including a small dock for loading and unloading equipment, may be
provided for use by occupants of dwelling units or sites located in other tiers;
d. Structures, parking areas, and other facilities must be treated to reduce visibility
as viewed from public waters and adjacent shorelands by vegetation, topography,
increased setbacks, color, or other means acceptable to the City of Little Canada,
assuming summer, leaf-on conditions. Vegetative and topographic screening
must be preserved, if existing, or may be required to be provided;
e. Accessory structures and facilities, except water oriented accessory structures,
must meet the required principal structure setback and must be centralized.
910.110. DEVELOPMENT ON SUBSTANDARD LOTS
A. Purpose:
The purpose of regulating development on substandard lots of record is to coordinate
development on substandard lots to insure environmentally sensitive development, insure
compatibility with surrounding existing development and to allow for combination of lots to the
extent possible.
B. Substandard Lots:
1. A lot of record existing upon the effective date of this Ordinance in a residential district,
located adjacent to a General Development Lake, which does not meet the requirements
of this Ordinance as to area or width may be utilized for single family detached dwelling
purposes provided that:
a. Requires a conditional use permit based upon procedures set forth in and
regulated by Section 921 of this Ordinance.
b. The lot has been assessed a full sewer and water assessment.
c. The lot has been in separate ownership from abutting lands at all times since it
became substandard.
d. The lot was created compliant with official controls in effect at the time.
e. All setback and sewage treatment requirements of the Shoreland District are met.
f. A substandard water frontage lot with public sewer shall be a minimum of fifty
(50) feet in width measured at the front yard setback line and shall have a
Chapter 910 Shoreland Overlay District Development On Substandard Lots
Page 910-16
minimum lot area equal to or greater than seven thousand five hundred (7,500)
square feet.
g. A substandard non-water frontage lot of record shall be a minimum of fifty (50)
feet in width measured at the front yard setback line and shall have a minimum
lot area equal to or greater than ten thousand (10,000) square feet.
h. The development plans must be in conformance with the policies for residential
development as outlined in the Comprehensive Plan.
i. Development must be planned and conducted in such a manner that the control of
disturbed areas and erosion is demonstrated during and after construction.
j. A complete grading and drainage plan be submitted to the City Engineer for
review. Such plans should be prepared in accordance with the National Urban
Runoff Program (NURP) Guidelines and Best Management Practices.
k. Any cutting of existing vegetation is minimized to the extent possible.
l. The lot and proposed structure must meet all other performance standards of the
zoning and building codes.
(Amended: Ord. 214, 378, 449, 573, 579)
Page 911- 1
CHAPTER 911 PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
911.010 Purpose .............................................................................................................. 911-1
911.020 Relationship to other Applicable Regulations .................................................. 911-1
911.030 Platting Requirement ......................................................................................... 911-1
911.040 Minimum Project Size ....................................................................................... 911-1
911.050 Phasing of Development ................................................................................... 911-2
911.060 Administration .................................................................................................. 911-2
911.070 Principal and Accessory Uses in the PUD Overlay District ............................. 911-2
911.080 Development Standards in the PUD Overlay District ...................................... 911-3
911.010 Purpose
The Planned Unit Development Overlay District (PUD) is established as a means to facilitate the
development of land in an integrated and innovative fashion, to allow for flexibility in site design,
and to result in a better quality of development than would otherwise be possible, while being
sensitive to environmental, cultural, and economic considerations.
The Planned Unit Development Overlay District shall not be used merely to circumvent the
normal requirements of the zoning ordinance. Development under these provisions must provide
net demonstrable benefits not otherwise available to the community.
Adding the Planned Unit Development Overlay District to the zoning of a parcel shall supplement
and modify the provisions of the base zoning district with specific requirements and standards
that are unique to the planned development.
911.020 Relationship to other Applicable Regulations
A Planned Unit Development shall be subject to all applicable standards, procedures and
regulations of this ordinance and the zoning district in which it is located, including applicable
site development standards contained in Chapter 903, General Provisions, except as otherwise
provided in this chapter or in the approved PUD.
911.030 Platting Requirement
All land proposed for the Planned Unit Development Overlay District shall be platted or replatted
into one or more lots in compliance with the applicable requirements of Chapter 1000,
Subdivision Ordinance. For the purposes of this chapter, the development plan shall include the
necessary information to serve as a preliminary plat for the development.
911.040 Minimum Project Size
There shall be no minimum size limitation for a Planned Unit Development.
Chapter 911 Planned-Unit Development Density Bonus
Page 911- 2
911.050 Phasing of Development
Phasing of the Planned Unit Development shall be permitted, provided that each individual phase
shall be designed and developed to exist as an independent unit not reliant on subsequent phases
to be a satisfactory addition to the city. Additionally, providing common open space and site
amenities that are shown on the development plan must proceed at the same rate as the dwelling
units, if any.
911.060 Administration
The regulations of the Planned Unit Development Overlay District shall be administered as
described in Chapter 917, Application Review Procedures.
911.070 Principal and Accessory Uses in the Planned Unit Development
Overlay District
A. Summary Tables of Principal, Conditional or Accessory Land Uses
All Principal, Conditional and Accessory Uses allowed in the Planned Unit Development
District are summarized in Table 911-1.
B. Permitted Principal or Accessory Land Uses
Any use allowed in the underlying zoning district where the Planned Unit Development is
proposed may be included as part of a PUD development plan. In addition, other uses of
land may be permitted in the Planned Unit Development upon approval by the City
Council. The development plan shall identify all proposed land uses, and those uses shall
become permitted uses with approval of the development plan.
C. Specific Development Requirements
Specific development requirements will be negotiated through the Planned Unit
Development process described in Chapter 917, Application Review Procedures.
D. General Development Requirements
Land development shall conform to the requirements for parking and traffic circulation,
landscape design, fencing, lighting, and other considerations as specified in Chapter 902,
General Provisions, or as determined through the PUD process.
E. Dimensional Requirements in Residential Districts
Dimensional requirements for the PUD District will be as specified in the underlying
zoning district or as modified by the City Council through the PUD process.
Development Standards Chapter 911 Planned-Unit Development
Page 911- 3
Table 911-1: Summary of the Principal, Conditional and Accessory Land Uses
Permitted in the Planned Unit Development Overlay District
P: Permitted C: Conditional --: Not allowed
Land Uses Specific Development
Requirements
Principal, Conditional and Accessory Uses Permitted in the R-
1 through R-4 Districts
P See Chapter 914, Specific
Development Requirements
Principal, Conditional and Accessory Uses Permitted in the C-
1 through C-2 Districts and the R-C District
P See Chapter 914, Specific
Development Requirements
Principal, Conditional and Accessory Uses Permitted in the I-1
and I-2 Districts
P See Chapter 914, Specific
Development Requirements
911.080 Development Standards in the PUD Overlay District
As part of Planned Unit Development approval, the City Council is authorized to approve
exceptions to the zoning controls applicable to the zoning district in which the Planned Unit
Development is located. Such exceptions shall only be granted when it is clearly warranted to
achieve the objectives of the City of Little Canada Comprehensive Plan and will result in a
development than is not otherwise possible under other zoning districts. Nothing in this chapter
shall be construed to provide a property owner any right to compel the City to grant such
exceptions.
A. Placement of Structures
More than one principal building may be placed on a platted lot in a Planned Unit
Development. The appearance and compatibility of individual buildings to other site
elements and to surrounding development shall be given primary consideration in
reviewing and approving the placement and spacing of structures.
B. Bulk Regulations
1. Building Height
The City Council may authorize an increase in building height for the purpose of
promoting project integration and additional site amenities.
2. Building Setbacks
The City Council may authorize a reduction in or elimination of required yards
provided that a landscaped yard of the minimum width established for the base
zoning district or greater is maintained along the periphery of the PUD.
C. Lot Requirements
The City Council may authorize reductions in the area and width of individual lots in a
Planned Unit Development from that required for the base zoning district, provided that
such reductions are compensated for by an equivalent amount of open space elsewhere in
the Planned Unit Development. Such open space shall not include areas designated as
public or private streets or required storm ponds.
Chapter 911 Planned-Unit Development Density Bonus
Page 911- 4
D. Density Bonus
At its discretion, the City Council may authorize a reduction in the minimum lot area per
dwelling unit from that required by the base zoning district (a density increase) for the
purpose of promoting an integrated project with a variety of housing types and additional
site amenities, to enhance and/or preserve important environmental features through
careful and sensitive placement of buildings and facilities, or to achieve other objectives of
the Comprehensive Plan.
E. Open Space
For residential Planned Unit Developments, public and/or private open space shall be
provided that is a demonstrable benefit to the larger community and which likely would
not have been possible without the flexibility of this zoning overlay district.
The Development Plan must coordinate improvements to open space areas concurrently
with construction of permitted structures and other required improvements within their
respective phase of the Planned Unit Development.
F. Parking
1. Parking Requirements
Parking requirements for all uses within the Planned Unit Development shall be as
established in Chapter 915, General Development Requirements.
2. Private Streets
Private streets are not allowed. However, private driveways that serve not more than
one apartment building or not more than 12 townhouses are allowed. Parallel
parking is not allowed along private driveways, unless adequate additional driveway
width is provided. Private driveways must maintain a permanently and continuously
unobstructed width of 20 feet for access by emergency vehicles.
Page 912-1
CHAPTER 912 TEMPORARY USES AND STRUCTURES
912.010 Purpose .............................................................................................................. 912-1
912.020 Table of Allowed Uses and Structures ............................................................. 912-1
912.030 General Standards for Temporary Uses and Structures .................................... 912-2
912.040 Specific Regulations for Certain Temporary Uses and Structures .................... 912-2
912.010 Purpose
This section allows for the establishment of certain temporary uses and structures of limited
duration, provided that such uses or structures do not negatively affect adjacent properties, and
provided that such uses or activities are discontinued upon the expiration of a set time period.
Temporary uses and structures shall not involve the construction or alteration of any permanent
building or structure.
The regulations of this section are not applicable to special events that are otherwise subject to
leases, permits, or other forms of permission that are duly established between the special event
organization and the City.
912.020 Table of Allowed Temporary Uses and Structures
Table 912-1 summarizes allowed temporary uses and structures and any general or specific
standards that apply. Temporary uses or structures not listed in the table are prohibited.
Table 912-1: Temporary Uses and Structures
Temporary Use or
Structure
Allowable Duration
(per site)
Permit Required Additional
Requirements
Construction Dumpster Until issuance of a
certificate of occupancy
No,
unless within ROW
Section 912.040
Construction Trailer Until issuance of a
certificate of occupancy
No,
unless within ROW
Section 912.040
Farmer’s Market 180 days per calendar
year
Zoning Certificate Section 912.040
Garage or Yard Sales Maximum of three
consecutive days, three
times per calendar year
No Section 912.040
Gravel Surface Parking Lots Until issuance of a
certificate of occupancy
No
Real Estate Sales / Model
Homes
Until 85% occupancy of
the phase is reached
Zoning Certificate Section 912.040
Seasonal Agricultural or
Horticultural Sales
180 days per calendar
year
Zoning Certificate Section 912.040
Seasonal Retail Sales 45 days prior to the
related holiday
Zoning Certificate Section 912.040
Chapter 912 Temporary Uses and Structures General Standards
Page 912-2
Table 912-1: Temporary Uses and Structures
Temporary Use or
Structure
Allowable Duration
(per site)
Permit Required Additional
Requirements
Temporary Storage in a
Portable Container
60 days per site No Section 912.040
Temporary Structures None specified Zoning Certificate Section 912.040
912.030 General Standards for Temporary Uses and Structures
Temporary uses or structures shall:
A. Obtain a zoning certificate from the Community Development Department;
B. Not be detrimental to property or improvements in the surrounding area or to the public
health, safety, or general welfare;
C. Be compatible with the Principal Use on the site, if applicable;
D. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
E. Not include permanent alterations to the site;
F. Not maintain temporary signs associated with the use or structure after the activity ends;
G. Not violate the applicable conditions of approval that apply to a site or use on the site;
H. Not interfere with the normal operations of any permanent use located on the property; and
I. Contain sufficient land area to allow the temporary use, structure, or special event to occur,
as well as adequate land to accommodate the parking and traffic movement.
J. Comply with the sign regulations.
912.040 Specific Requirements for Certain Temporary Uses and Structures
A. Construction Dumpster
Temporary trash receptacles or dumpsters shall comply with the following standards:
1. Be located outside public rights-of-way to the extent possible;
2. Be located to the side or the rear of the site, to the maximum extent practicable;
3. Be located as far as possible from lots containing existing development;
4. Not be located within a floodplain or otherwise obstruct drainage flow;
5. Not be placed within five feet of a fire hydrant; and
6. Not be placed within a required landscaping area where it may destroy landscaped
materials.
B. Construction Trailer
Construction trailers may be permitted on a construction site provided that the trailer is:
1. Located on the same site or in the same development as the related construction;
2. Not located within a required open space set-aside or landscaping area; and
3. Associated with development subject to a valid building permit.
Specific Requirements Chapter 912 Temporary Uses and Structures
Page 912-3
C. Garage or Yard Sales
Garage sales may be held on residential property by the owner or resident of that property
for no more than three consecutive days on three separate occasions per calendar year. The
hours of operation for garage or yard sales are limited to between 7:00 a.m. and 8:00 p.m.
D. Real Estate Sales Office/Model Home
One temporary real estate sales office or model home per builder or developer shall be
permitted in a section or phase of a new residential or non-residential development,
provided that the use:
1. Is located on a lot approved as part of a development agreement;
2. Is aesthetically compatible with the character of surrounding development in terms of
exterior color, predominant exterior building materials, and landscaping;
3. Is operated by a developer or builder active in the same phase or section where the
use is located; and
4. Is removed or the model home is converted into a permanent residential use once 85
percent occupancy in the section or phase of the development is reached.
E. Farmers’ Market or Seasonal Agricultural or Horticultural Sales
Seasonal agricultural or horticultural sales, including the sale of such items as Christmas
trees, pumpkins, seasonal produce, flowers, potted plants and similar agricultural or
horticultural products, may be permitted in accordance with the following standards:
1. Location
a. The property contains an area that will support the proposed temporary sale of
products without encroaching into or creating a negative impact on existing
vegetated areas, open space, landscaping, traffic movements, or parking-space
availability.
b. The sale of goods shall not occur within the public right-of-way.
c. On property where the owner of the property has provided permission for the
seasonal sale of agricultural products.
2. Range of Goods Limited
The range of goods or products available for sale shall be limited to products
obtained primarily through farming or agricultural activities, including, but not
limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery,
floral, ornamental, and greenhouse products; trees and forest products, including
Christmas trees, and firewood; bees and beekeeping products; seafood; and dairy
products.
3. Hours of Operation
The hours of operation of the seasonal sale of agricultural products shall be between
the hours of 7:00 a.m. and 9:00 p.m., or the same hours of operation as a principal
use on the same lot, whichever is more restrictive.
F. Seasonal Retail Sales
Seasonal retail sales may include items such as fireworks that are related to a specific
recognized and related holiday or event. Sales are permitted for up to 45 days before the
holiday or event.
Chapter 912 Temporary Uses and Structures Specific Requirements
Page 912-4
G. Temporary Storage in a Portable Shipping Container
Temporary storage in a portable shipping container shall be allowed to serve a permitted
use provided it is placed on a paved surface and is, to the maximum extent practicable,
located in the side or rear yards.
H. Temporary Structures
Temporary structures serving public, institutional, or recreational uses shall comply with
the following standards:
1. Location
a. The structure shall be located to the side or rear of the principal structure(s) and
at least 5 feet from any other structure.
b. The structure shall be permitted within the building envelope but not within
required rights-of-way, off-street parking, open space set-aside, or required
landscaping areas.
2. Standards
a. Skirting or other materials shall be used to prevent unauthorized access
underneath the structure.
b. Parking shall be provided for the temporary structure.
c. The use shall not be required to be compatible with the existing principal
structure exterior colors or materials.
3. Approval and Duration
This use is permitted, if approved by the Community Development Department, and
may remain on the site for no more than one year. This period may be renewed for
one 365-day period, for good cause shown, upon approval of a written request,
submitted to the Community Development Department at least 30 days prior to the
expiration of the certificate of zoning compliance. In no event, however, shall such
extensions allow the temporary structure to remain on the site for more than two
years.
Page 913-1
CHAPTER 913 NON-CONFORMING BUILDINGS, USES AND STRUCTURES
913.010 Purpose .................................................................................................................. 911-1
913.020 General Provisions ................................................................................................ 913-1
913.030 Manufactured Home Parks .................................................................................... 913-2
913.010 PURPOSE
It is the purpose of this Section to provide for the regulation of nonconforming buildings, structures and
uses and to specify those requirements, circumstances and conditions under which non-conforming
buildings, structures and uses will be operated and maintained. The Zoning Code establishes separate
districts, each of which is an appropriate area for the location of uses which are permitted in that district.
It is necessary and consistent with the establishment of these districts that non-conforming buildings,
structures and uses not be permitted to continue without restrictions. Furthermore, it is the intent of this
Section that all nonconforming uses shall be eventually brought into conformity.
913.020 GENERAL PROVISIONS
A. Any non-conforming structure or use lawfully existing upon the effective date of this Ordinance
shall not be enlarged, but may be continued at the size and in the manner of operation existing
upon such date except as hereinafter specified or subsequently amended.
B. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said
structure is declared unsafe by the Building Official, providing the necessary repairs shall not
constitute more than 50 percent of fair market value of such structure. Said value shall be
determined by the City Assessor or the City will obtain an appraisal at the owner/applicant’s
expense.
C. No non-conforming building, structure or use shall be moved to another lot or to any other part of
the parcel of land upon which the same was constructed or was conducted at the time of this
Ordinance adoption unless such movement shall bring the non-conformance into compliance with
the requirements of this Ordinance.
D. When any lawful non-conforming use of any structure or land in any district has been changed to
a conforming use, it shall not thereafter be changed to any nonconforming use.
E. A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-
conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall
not thereafter be so altered to increase the non-conformity.
F. Subject to the requirements of MN Stat. Chapter 462.357, Subd. 1.e., if at any time a non-
conforming building, structure or use shall be destroyed to the extent of more than 50 percent of
its fair market value, said value to be determined by the City Assessor, and where no building
permit has been applied for within 180 days of said destruction, then without further action by the
Council, the building and the land on which such building was located or maintained shall, from
and after the date of said destruction, be subject to all the regulations specified by these zoning
regulations for the district in which such land and buildings are located. Any building which is
damaged to an extent of less than 50 percent of its value may be restored to its former extent.
Estimate of the extent of damage or destruction shall be made by the Building Official.
Chapter 913 Non-Conforming Buildings, Uses and Structures Manufactured Housing Parks
Page 913-2
G. Whenever a lawful non-conforming use of a structure or land is discontinued for a period of one
year, any future use of said structure or land shall be made to conform to the provisions of this
Ordinance.
H. Normal maintenance of a building or other structure containing or related to a lawful non-
conforming use is permitted, including necessary non-structural repairs and incidental alterations
which do not physically extend or intensify the non-conforming use.
I. Alterations may be made to a building containing lawful non-conforming residential units when
they will improve the livability thereof, provided they will not increase the number of dwelling
units or the non-conformity.
J. Non-conforming, non-income producing, residential units may be expanded to improve livability
as a conditional use, provided that the non-conformity of the structure will not be increased.
K. Any proposed structure which will, under this Ordinance, become non-conforming but for which
a building permit has been lawfully granted prior to the effective date of this Ordinance, may be
completed in accordance with the approved plans; provided construction is started within 60 days
of the effective date of this Ordinance, is not abandoned for a period of more than 120days, and
continues to completion within two years. Such structure and use shall thereafter be a legally non-
conforming structure and use.
913.030 MANUFACTURED HOME PARKS
For the purposes of applying Sections 913.010.D. and 913.010.G. to Manufactured Home Parks which are
made non-conforming by land use zoning district, such Manufactured Home Parks shall be required to
adhere to the following standards:
A. A manufactured home in a non-conforming manufactured home park may be moved, relocated, or
replaced on condition that the replacement manufactured home shall comply with Minnesota
Statutes Chapter 327.20 Subdivision 1, paragraph (3), or the following standards, whichever is
more restrictive: No manufactured home shall be located closer than three feet to the side lot lines
of a manufactured home park, if the abutting property is improved property, or closer than ten feet
to a public street or alley. Each individual site shall abut or face on a driveway or clear unoccupied
space of not less than 16 feet in width, which space shall have unobstructed access to a public
highway or alley. There shall be an open space of at least 10 feet between the sides of adjacent
manufactured homes including their attachments and at least three feet between manufactured
homes when parked end to end. The space between manufactured homes may be used for the
parking of motor vehicles and other property, if the vehicle or other property is parked at least 10
feet from the nearest adjacent manufactured home position. The requirements of this paragraph
shall not apply to recreational camping areas and variances may be granted by the State
Commissioner of Health in manufactured home parks when the variance is applied for in writing
and in the opinion of the Commissioner the variance will not endanger the health, safety, and
welfare of manufactured home park occupants.
B. A non-conforming manufactured home park shall be permitted to replace individual manufactured
home units which are damaged as a result of catastrophic destruction from fire, weather, or natural
disaster, providing that no more than 50 percent of the capacity of the manufactured home park is
so destroyed. If at any time, an event of destruction damages more than 50 percent of the capacity
of said park, the manufactured home park shall be put to a use which is in full conformance with
the applicable zoning ordinance and other federal, state and local codes.
C. A non-conforming manufactured home park shall be permitted to add one accessory building for
the purposes of providing an on-site storm shelter for residents of the park. Said shelter shall be of
a size necessary to accommodate the estimated maximum population of the park, said population to
be determined by the City Council. The shelter shall be located no closer than 10 feet to any
perimeter lot line or private street right-of-way. Said shelter shall meet the standards of the
Manufactured Housing Parks Chapter 913 Non-Conforming Buildings, Uses and Structures
Page 913-3
Minnesota Commissioner of Health as may be adopted or amended. No shelter building shall be
utilized for the storage of materials, equipment or property of the park operators, owners, residents,
or any other person. Prior to construction, the shelter shall be reviewed and approved according to
the process outlined in the Zoning Code for Conditional Use Permits. However, the shelter shall be
considered to be a part of the non-conforming improvements to the property, and shall be subject to
the rest of the provisions of Chapter 913 relating to non-conforming buildings, structures and uses.
D. Accessory Storage Buildings to non-conforming manufactured home parks may be allowed by
Conditional Use Permit, subject to the following conditions:
1. The storage building is an accessory use to the manufactured home park, and shall not be
operated as a principal use of property.
2. The storage is available only to residents of the manufactured home park, and is not open to
nonresidents.
3. The building must be remodeled to be consistent with the underlying zoning if the
manufactured home park use is discontinued and the storage building is retained for the future
use.
4. The building does not occupy land required for parking or other uses in the park.
5. The addition of the storage building does not result in an increase in the number of units in the
manufactured home park.
6. The provisions of Section ______, Building Construction in Residential Districts, are not
applicable to a conditional use permit being considered or granted under this sub-section.
7. If constructing a metal-sided building, the applicant shall include, at the discretion of the City
Council, upgraded building materials at the direction of the City Council, including but not
limited to, the following:
a. A wainscot of masonry materials at least 36 inches in height on the front, and other
portions of the building exposed to neighboring properties or public right-of-way;
b. Other materials or architectural enhancements to walls, roofs, or windows and doors.
CHAPTER 914 SPECIFIC DEVELOPMENT REQUIREMENTS
914.010 Adult Businesses................................................................................................ 914-2
914.020 Animal Clinics .................................................................................................. 914-3
914.030 Antennas and Towers; Cellular Telephone Facilities ....................................... 914-3
914.040 Attached Housing Design Standards ................................................................. 914-8
914.050 Bars or Taverns; Sale of Intoxicating Liquors ................................................... 914-9
914.060 Bed-and-Breakfast Homes ................................................................................ 914-9
914.070 Car Washes ...................................................................................................... 914-10
914.080 Child Care, Drop-In Program ......................................................................... 914-10
914.090 Convenience Stores ......................................................................................... 914-10
914.100 Day Care Facilities, Child, Commercial ......................................................... 914-10
914.110 Drive-Up Window Service ............................................................................. 914-10
914.120 Garages, Residential ....................................................................................... 914-10
914.130 Group Home or Residential Care Facility, Child or Adult .............................. 914-10
914.140 Home Occupations ......................................................................................... 914-11
914.150 Manufactured Housing Communities ............................................................. 914-14
914.160 Manufacturing. Potentially Hazardous Materials, Products or Emissions ..... 914-17
914.170 Manufacturing of Products from Stone, Clay or Concrete ............................. 914-17
914.180 Residential Care Facility ................................................................................ 914-17
914.190 Restaurant, Outdoor Seating or Drive-In Service ........................................... 914-18
914.200 Schools, K-12, Public or Private ..................................................................... 914-18
914.210 Solar Energy Systems ..................................................................................... 914-18
914.220 Swimming Pools, Spas and Hot Tubs.............................................................. 914-18
914.230 Vehicle Fuel and Service Stations ................................................................... 914-19
914.240 Vehicle Repair, Mechanical .......................................................................... 914-19
914.250 Vehicle Repair, Body ..................................................................................... 914-20
914.260 Vehicle Sales, New or Used Autos, Light Trucks, Motorcycles .................... 914-20
914.270 Wood Chip Pile, Municipal ............................................................................. 914-20
Chapter 914 Specific Development Requirements Adult Businesses
914.010 Adult Businesses
A. General Provisions:
1. Activities classified as obscene as defined by Minnesota Statute 617.241 are not
permitted and are prohibited.
2. Adult uses, either principal or accessory, shall be prohibited from locating in any
building which is also utilized for residential purposes.
B. Adult Uses - Principal:
1. Adult use-principal shall be located at least five hundred (500) radial feet, as
measured in a straight line from the closest point of the property line of the
building upon which the adult use-principal is located to the property line of:
a. Residentially zoned property.
b. A licensed day care center.
c. A public or private educational facility classified as an elementary, junior
high or senior high.
d. A public library.
e. A public park.
f. Public zoned property.
2. Adult use-principal shall be located at least five hundred (500) radial feet as
measured from one another.
3. Adult use-principal activities, as defined by this ordinance, shall be classified as
one use. No two adult uses-principal shall be located in the same building or
upon the same property and each use shall be subject to Section 903.130.B.3. of
this Ordinance.
4. Adult use-principal shall adhere to the following signing regulations
a. Sign messages shall be generic in nature and shall only identify the type
of business which is being conducted; and
b. Shall not contain material classified as advertising; and
c. Shall comply with the requirements of size and number for the district in
which they are located.
C. Adult Uses - Accessory:
1. Adult use-accessory shall comprise no more than ten (10) percent of the floor
area of the establishment in which it is located.
2. Adult use-accessory shall be restricted from and prohibit access to minors by the
physical separation of such items from areas of general public access:
a. Movie Rentals. Display areas shall be restricted from general view and
shall be located within a separate room, the access of which is in clear
view and under the control of the persons responsible for the operation.
b. Magazines. Publications classified or qualifying as adult uses shall not be
accessible to minors and shall be covered with a wrapper or other means
to prevent display of any materials other than the publication title.
Adult Businesses Chapter 914 Specific Development Requirements
Page 914-3
c. Other Use. Adult uses-accessory not specifically cited shall comply with
the intent of this Section subject to the approval of the Zoning
Administrator.
3. Adult use-accessory shall be prohibited from both internal and external
advertising and signing of adult materials and products.
914.020 Animal Clinics
A. Short-term boarding may be provided indoors for animals being treated.
B. Outdoor kennels are not allowed unless approved by a Conditional Use Permit for a
Kennel. Provisions must be made to mitigate potential noise of barking dogs, particularly
to protect nearby residences.
914.030 Antennas and Towers
The general purpose of this ordinance is to regulate the placement, construction and modification
of antennas and antenna structures in order to protect the health, safety, and welfare of the public,
while at the same time not unreasonably interfering with the development of the competitive
wireless telecommunications marketplace in Little Canada. Specifically, the objectives of this
ordinance are:
To direct the location of antennas and antenna structures in the City;
To protect residential areas and land uses from potential adverse impacts of antennas and
antenna structures;
To minimize adverse visual impacts of antennas and antenna structures through careful
design, siting, landscaping and visual mitigation;
To promote and encourage shared use or collocation of antenna structures as a primary
option rather than construction of additional structures;
To avoid potential damage to adjacent properties caused by antennas and antenna
structures by ensuring they are soundly and carefully designed, constructed, modified,
maintained, and removed;
To the greatest extent feasible, ensure that antennas and antenna structures are compatible
with surrounding land uses;
To the greatest extent feasible, ensure that proposed antennas and antenna structures are
designed in harmony with natural settings and in a manner consistent with current
development patterns.
A. Eligible Zoning Districts. Antennas and towers, as defined in Section 919.030,
Definitions, of this code, shall only be allowed in the zoning districts listed in the table
found in this subsection below, with the following exceptions: co-locations of antennas on
existing commercial towers and municipal towers shall be allowed by administrative
permit; and, co-locations of antennas on existing public utility structures may be allowed
by Conditional Use Permit.
Chapter 914 Specific Development Requirements Adult Businesses
Page 914-4
Zoning
District
Antennas-
Commercial
Towers-
Commercial
Towers Private
(Accessory to Principal)
R-1 Prohibited Prohibited Conditional Use
R-2 Prohibited Prohibited Conditional Use
R-3 Conditional Use Prohibited Conditional Use
R-4 Prohibited Prohibited Conditional Use
R-C Prohibited Prohibited Conditional Use
C-1 Conditional Use Conditional Use Conditional Use
C-2 Conditional Use Conditional Use Conditional Use
I-1 Conditional Use Conditional Use Conditional Use
I-2 Conditional Use Conditional Use Conditional Use
PUD Conditional Use Conditional Use Conditional Use
Public Accessory Conditional Use Conditional Use
FP Conditional Use Prohibited Conditional Use
S Conditional Use Prohibited Conditional Use
W Conditional Use Prohibited Conditional Use
B. Height Limitations. The height of an antenna, satellite dish, or tower shall be measured
from the ground at the base of the antenna or tower to the highest point of the antenna,
satellite dish, or tower. No antenna, satellite dish, or tower shall exceed the following
height limitations:
Zoning
District Satellite Dish
Antenna-Private,
Mounted on
Existing
Structure
Antenna –
Commercial, Mounted
on Existing Structure
(height of antenna
structure shall not
exceed 20 feet)
Towers –
Commercial
Towers –
Private
R-1 Ten (10) feet if
ground mounted;
eight (8) feet above
the roof if roof
mounted
Twenty (20) feet
above the roof (see
Section
903.040.C.11
Not Allowed Not Allowed 75 feet
R-2 Same as R-1 Same as R-1 Not Allowed Not Allowed 75 feet
R-3 Same as R-1 Same as R-1 Height of antenna above
the structure
Not Allowed 75 feet
R-4 Same as R-1 Same as R-1 Not Allowed Not Allowed 75 feet
R-C Same as R-1 Same as R-1 Not Allowed Not Allowed 75 feet
C-1 Same as R-1 Same as R-1 Height of antenna above
the structure
150 feet 75 feet
C-2 Same as R-1 Same as R-1 Same as B-2 75 feet 75 feet
I-1 Same as R-1 Same as R-1 Same as B-2 150 feet 150 feet
I-2 Same as R-1 Same as R-1 Same as B-2 150 feet 150 feet
PUD Same as R-1 Same as R-1 Same as B-2 75 feet 75 feet
Public Same as R-1 Same as R-1 Same as B-2 75 feet 75 feet
Antennas and Towers Chapter 914 Specific Development Requirements
Page 914-5
Zoning
District Satellite Dish
Antenna-Private,
Mounted on
Existing
Structure
Antenna –
Commercial, Mounted
on Existing Structure
(height of antenna
structure shall not
exceed 20 feet)
Towers –
Commercial
Towers –
Private
Floodplain Same as R-1 Same as R-1 Same as C-2 Not Allowed 75 feet
Shoreland Same as R-1 Same as R-1 Same as C-2 Not Allowed 75 feet
Wetland Same as R-1 Same as R-1 Same as C-2 Not Allowed 75 feet
C. Tower Setbacks. All new towers shall comply with one of the following setback
calculations options as measured from the base of the tower to the nearest property line:
1. Equal to the height of the tower, including any antenna attachments, plus 5 feet from
any residential use, exclusive of the property in question, any residential, business, or
public zoning district or any church or school.
2. Equal to the specific “fall zone” of the proposed tower as determined and certified by a
qualified and licensed professional engineer, but in no event less than the principal
structure setback of the base zoning district from all public right-of-way and abutting
property lines.
D. Use of City Tower Site Preferred. Commercial antennas and towers, regardless of height
or size with the exception of satellite dish antennas shall connect to and use the City Tower
Site(s) if use of such facilities is technically feasible. Certification by a professional radio
frequency engineer is required to demonstrate that a particular tower site is not technically
feasible when antenna site is proposed.
E. General Standards. The following standards shall apply to all cellular telephone, public
utility, microwave, radio and television broadcast transmitting, radio and television
receiving, satellite dish and short-wave radio transmitting and receiving antenna and
towers:
1. All antennas and towers shall be in compliance with all City building and electrical
code requirements and as applicable shall require related permits.
2. Towers shall be certified by a qualified and licensed professional engineer to conform
to the latest structural standards and wind loading requirements of the Uniform
Building Code and the Electronics Industry Association.
3. With the exception of necessary electric and telephone service and connection lines
approved by the Issuing Authority, no part of any antenna or tower nor any lines, cable,
equipment or wires or braces in connection with either shall at any time extend across
or over any part of the right-of-way, public street, highway, sidewalk, or property line.
4. All signal and remote-control conductors of low energy extending substantially
horizontally above the ground between a tower or antenna and a structure, or between
towers, shall be at least 8 feet above the ground at all points, unless buried
underground.
5. Every tower affixed to the ground shall be protected to discourage climbing of the
tower by unauthorized persons.
6. All towers shall be constructed to conform with the requirements of the Occupational
Safety and Health Administration.
Chapter 914 Specific Development Requirements Antennas and Towers
7. When applicable, written authorization for antenna and/or tower erection shall be
provided by the property owner.
8. No advertising message shall be affixed to the tower.
9. The height of the antenna shall be the minimum necessary to function satisfactorily, as
verified by a professional radio frequency engineer Antennas and/or towers shall not be
artificially illuminated unless required by law or by a governmental agency to protect
the public’s health and safety.
10. When applicable, proposals to erect new antenna shall be accompanied by any required
federal, state or local agency licenses.
11. If a new tower is to be constructed, it shall be designed so as to accommodate other
users including but not limited to other cellular or personal communication companies,
local police, fire and ambulance companies. For towers up to 120 feet feet in height,
one additional user must be provided for. For towers 120 feet in height or greater, two
additional users must be provided for.
12. Any proposals for the construction of a new commercial tower shall include a
certification from a professional radio frequency engineer that existing tower sites
within the City are not technically feasible for the application proposed.
13. Towers shall be painted silver or have a galvanized finish to reduce visual impact.
Another color may be used with approval of the City Council.
14. Antennas and towers for federally licensed amateur radio stations and used in the
amateur radio service are exempt from Sections E.2, E.9 and E.12, above, of this code.
15. Amateur radio towers must be installed in accordance with the instructions furnished
by the manufacturer of that tower model. Because of the experimental nature of the
amateur radio service, antennas mounted on such a tower may be modified or changed
at any time as long as the published allowable load on the tower is not exceeded and
the structure of the tower remains in accordance with the manufacturer’s specifications.
16. Commercial towers in all business, public or PUD zoning districts must be of
monopole design.
17. Guy wires or guy wire anchors shall not be erected within public or private utility and
drainage easements, and shall be set back a minimum of one foot from all lot lines.
18. No more than one tower per property shall be permitted.
F. Accessory and Secondary Use Antennas. The following standards shall apply to all
accessory and secondary use antennas including radio and television receiving antennas,
satellite dishes, short-wave radio dispatching antennas, or those necessary for the operation
of electronic equipment including radio receivers, federally licensed amateur radio stations
and television receivers:
1. Accessory or secondary use antennas shall not be erected in any required yard (except a
rear yard) or within public or private utility and drainage easements, and shall be
setback a minimum of three feet from all lot lines.
2. Guy wires or guy wire anchors shall not be erected within public or private utility and
drainage easements, and shall be set back a minimum of one foot from all lot lines.
G. Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall
be architecturally designed to blend in within the surrounding environment to the
maximum extent possible and shall meet the minimum accessory building setback
Antennas and Towers Chapter 914 Specific Development Requirements
Page 914-7
requirements of the underlying zoning district. All utility buildings and ground mounted
equipment shall be screened from view by the use of suitable vegetation, except where the
City finds that a design for non-vegetative screening better reflects and compliments the
architectural character of the surrounding neighborhood. Lighting on accessory utility
buildings shall be limited only to that which is needed for security purposes. All exterior
lighting shall be diffused or directed away from all property lines and public right-of-way.
The direct source of light shall not be visible from any abutting property or the public
right-of-way.
H. Obsolete or Unused Towers and Antennas. All obsolete or unused towers or portions
thereof and accompanying accessory facilities shall be removed within 12 months of the
cessation of operations at the site unless a time extension is approved by the City Council.
To ensure the removal of obsolete and unused towers or portions thereof and antennas, the
applicant shall, prior to the issuance of a building permit, submit a performance bond or
letter of credit in an amount sufficient to cover the removal costs of the tower, antennas
and accessory facilities.
After the removal of the facilities, the site shall be restored to its original or an improved
state. If the underlying property has sufficient value as determined in the sole discretion of
the City Council, the applicant may substitute the following for the performance
bond/letter of credit requirement: An agreement in recordable form between the property
owner and the City whereby the property owner acknowledges that in the event the
applicant, its successors or assigns does not remove obsolete or unused towers and/or
antennas within the affected time frame, then the existence of same will be considered a
nuisance by the City.
Abatement will occur pursuant to Little Canada ordinance requirements with all costs of
removal of the facilities in question to be assessed to the property owner. Property owner
must further agree to waive any and all rights to contest or appeal this proceeding.
I. Conditional Use Permits. Commercial antennas may be located on existing public utility
structures by Conditional Use Permit in all zoning districts, as regulated by Chapter 917 of
this Ordinance, provided that:
1. The existing public utility structure is no less than fifty (50) feet in height.
2. Equipment buildings are located within the perimeter footprint of the existing utility
structure.
3. Equipment buildings, if not located within the perimeter footprint to the existing utility
structure, are located in no required yard of any lot other than the required rear yard,
and are fully screened with evergreen landscape materials.
4. Equipment buildings, if located in a residential district, shall also be constructed in
such a way as to resemble residential accessory buildings in the immediate area which
meet residential building materials standards, and are either white or natural in exterior
color
5. The proposed use and structures are found to be compatible architecturally and
functionally with the neighborhood in which they are located.
6. The proposed use complies with the General Standards of Sub-Section E, above.
(Source: Ordinance 661. Amended 688, 696, 700, 704, 744, 756, 762, 789, 802, 830, 832)
Chapter 914 Specific Development Requirements Antennas and Towers
914.040 Attached Housing Design Standards
The standards in this Section are applicable to all structures that contain three or more units.
Their intent is to encourage multi-family building design that respects its context, incorporates
some of the features of one-family dwellings from the surrounding neighborhood, and imparts a
sense of individuality rather than uniformity.
The following standards apply to new buildings and major expansions, those that constitute 50
percent or more of building floor area. Design standards apply only to the portion of the building
or site that is undergoing alteration.
A. Orientation of Buildings to Streets: It is requested but not mandatory that buildings be
oriented so that a primary entrance faces one of the abutting streets. In the case of corner
lots, a primary entrance should face the street from which the building is addressed.
Primary entrances shall be defined by scale and design.
B. Surface Parking: Surface parking shall not be located between a principal building front
and the abutting primary street except for drive/circulation lanes and/or handicapped
parking spaces. Surface parking adjacent to the primary street shall occupy a maximum of
40 percent of the primary street frontage and shall be landscaped according to Chapter 915,
General Development Requirements
C. Street-Facing Facade Design: No blank walls are permitted to face public streets,
walkways, or public open space. Street-facing facades shall incorporate offsets in the form
of projections and/or recesses in the facade plane at least every 40 feet of façade frontage.
Wall offsets shall have a minimum depth of 2 feet. Open porches or balconies are
encouraged on building fronts and may extend up to 8 feet into the required setbacks.
In addition, at least one of the following design features shall be applied on a street-facing
facade to create visual interest:
• Dormer windows or cupola
• Recessed entrances
• Covered porches or stoops;
• Bay windows with a minimum 12-inch projection from the facade plane
• Eaves with a minimum 6-inch projection from the facade plane or
• Changes in materials, textures or colors.
D. Four-Sided Design: Building design shall provide consistent architectural treatment on all
building walls. All sides of a building must display compatible materials, although
decorative elements and materials may be concentrated on street-facing facades. All
facades shall contain window openings.
E. Maximum Length: Building length parallel to the primary abutting street shall not exceed
160 feet without a visual break such as a courtyard or recessed entry.
F. Landscaping of Yards: Front yards must be landscaped according to Chapter 915, General
Development Requirements.
G. Detached Garages: The exterior materials, design features, and roof forms of garages shall
be compatible with the principal building served.
H. Attached Garages: Garages shall be set back and defer to the primary building face. Front
loading garages (toward the front street), if provided, shall be set back a minimum of 5 feet
from the predominant portion of the principal use.
Bed and Breakfast Homes Chapter 914 Specific Development Requirements
Page 914-9
I. All exterior wall finishes on any building must be a combination of the following
materials: face brick, natural or cultured stone, textured concrete block, stucco, wood, vinyl
siding, fiber-reinforced cement board and prefinished metal, or similar materials approved
by the Community Development Department.
914.050 Bars or Taverns; Sale of Intoxicating Liquors
All applicable regulations established in Chapter 703 of the City Code, Intoxicating Liquor, and
Chapter 704, Special On-Sale Win License, shall be met.
914.060 Bed and Breakfast Homes
A. The owner shall reside in the bed and breakfast home and manage the premises.
B. The establishment shall comply at all times with all applicable city, county, state and
federal ordinances, statutes and laws.
C. The only meal served to bed and breakfast guests shall be breakfast, between the hours of
5:00 a.m. and 11:00 a.m.
D. No cooking or cooking facilities shall be allowed or provided in the guest rooms.
E. The establishment shall be limited to four guest rooms or a maximum guest capacity of
eight.
F. Each guest shall be limited to staying not more than seven days within any 30-day period.
G. The owner shall maintain a guest register showing the name, address, motor vehicle license
number and inclusive dates of visits of all guests.
H. A minimum of one off-street parking space for each guest room and two off-street parking
spaces for the resident owner shall be provided.
I. Signs shall be limited to one non-illuminated wall sign near the entrance door not
exceeding two square feet.
J. There shall be no external vending machines.
K. All trash and recycling must be contained and screened from view from other residential
properties with a fence and/or coniferous shrubs.
L. The entire front yard shall be landscaped with grass or other natural materials, with the
exception of areas needed for access drives and sidewalks to required parking areas.
M. Each property shall maintain an exterior residential appearance and character, meaning an
exterior facade that is compatible with the nearby houses, and is of an appearance that
would be found in a structure designed for and occupied by a family as a detached one- or
two-family residence.
N. The minimum distance between bed-and-breakfast homes shall be 500 feet.
Chapter 914 Specific Development Requirements Car Washes
914.070 Car Washes
A. The car wash shall not be within 100 feet of a Residential zoning district.
B. The vehicle entry or exit doors shall not face directly toward a property in a Residential
zoning district.
914.080 Child Care, Drop-In Programs
A drop-in child care program must be licensed under Minnesota Rules governing non-
residential child care centers. Refer also to use definition under the Rules and Definitions
chapter of this ordinance.
914.090 Convenience Stores
A. The gasoline dispensing pumps must maintain the appropriate license from the State.
B. The lights under the gasoline area canopy must be shielded from direct view from the
public street or other properties.
C. Trash handling and lighting must comply with the requirements in Chapter 915, General
Development Requirements.
914.100 Day Care Facilities, Child, Commercial
A. Children shall be delivered and removed daily.
B. The regulations and conditions are met for the Minnesota Department of Public Welfare,
Public Welfare Manual 11-31-30 as adopted or amended.
914.110 Drive-Up Window Service
A. Any business that dispenses merchandise through an exterior window that customers in
automobiles drive to shall provide a stacking lane that accommodates forecast traffic and
does not hinder other circulation or parking.
B. Drive-up lanes shall conform to the setbacks required for parking lots and circulation
aisles.
C. The service window and stacking lanes shall not be located in the front setback area.
D. The stacking lanes shall be screened from any adjacent residential use by a 90 percent
opaque fence.
914.120 Garages, Residential
Requirements for setback and height are found in the Residential zoning districts chapter of this
zoning ordinance.
914.130 Group Home or Residential Care Facility, Child or Adult
A. Any residential care facility, group home or in-home day care business for children or
adults must maintain the appropriate license from the State.
B. Parking requirements are presented in Section 915, General Development Requirements,
Parking Requirements, Off-Street.
Manufactured Housing Communities Chapter 914 Specific Development Requirements
Page 914-11
914.140 Home Occupations
A. Purpose
The purpose of this subdivision is to prevent competition with business districts and to
provide a means through the establishment of specific standards and procedures by which
home occupations can be conducted in residential neighborhoods without jeopardizing the
health, safety and general welfare of the surrounding neighborhood. In addition, this
subdivision is intended to provide a mechanism enabling the distinction between permitted
home occupations and special or customarily "more sensitive" home occupations. While
permitted home occupations may be allowed as a matter of right, special home occupations
shall require a permit in accordance with the terms of this subdivision.
B. Application
Subject to the non-conforming use provision of this Section, all occupations conducted in
the home shall comply with the provisions of this subdivision. This subdivision shall not be
construed, however, to apply to home occupations accessory to farming.
C. Permitted Home Occupations
Home occupations meeting the requirements of Sections 903.120.D.1 and 903.120.D.2,
below, of this Ordinance shall not require a permit. However, in the event a permitted home
occupation becomes a nuisance, the Council may require it to be licensed under the
provisions for special home occupations.
D. Requirements - General Provisions
All home occupations shall comply with the following general provisions and according to
definition, the applicable requirement provisions.
1. General Provisions
a. No home occupation shall produce light glare, noise, odor or vibration that will in
any way have an objectionable effect upon adjacent or nearby property.
b. No equipment or machinery shall be used in the home occupation which will create
electrical interference to surrounding properties.
c. Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, should not change the residential character thereof, and shall
result in no incompatibility or disturbance to the surrounding residential uses.
d. No home occupation shall require internal or external alterations or involve
construction features not customarily found in dwellings except where required to
comply with local and state fire and police recommendations.
e. There shall be no exterior storage of equipment or materials used in the home
occupation, except personal automobiles used in the home occupation may be
parked on the site.
f. The home occupation shall meet all applicable fire and building codes.
g. There shall be no exterior display or exterior signs or interior display or interior
signs which are visible from outside the dwelling.
h. All home occupations shall comply with the provisions of the City Nuisance
Ordinance.
i. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00
Chapter 914 Specific Development Requirements Solar Energy Systems
a.m. unless said occupation is contained entirely within the principal building and
will not require any on-street parking facilities
2. Requirements for Permitted Home Occupations
a. No person other than those who customarily reside on the premises shall be
employed in the Home Occupation.
b. All permitted home occupations shall be conducted entirely within the principal
dwelling and may not be conducted in accessory buildings.
c. Permitted home occupations shall not create a parking demand in excess of that
which can be accommodated in an existing driveway, where no vehicle is parked
closer than 10 feet from the curb line or edge of paved surface.
d. Examples of permitted home occupations include: art studio, dressmaking,
secretarial services, professional offices and teaching with musical, dancing and
other instructions which consist of no more than one pupil at a time.
e. The home occupation shall not involve any of the following: repair service or
manufacturing which utilizes equipment or machinery so as to violate Sections
903.120.D.1.a and 903.120.D.1.b of this Ordinance; teaching which customarily
consists of more than one (1) pupil at a time; over-the-counter sale of merchandise
produced off the premises, except for those brand name products that are not
marketed and sold in a wholesale or retail outlet.
E. Special Home Occupation - Permit Procedure
1. Permit
Any home occupation which does not meet the specific requirements for a permitted
home occupation as defined in this subdivision shall require a "special home
occupation permit" which shall be applied for and reviewed in accordance with the
provisions of Section 917 of this Ordinance.
2. Declaration of Conditions.
The Planning Commission and City Council may impose such conditions on the
granting of a special home occupation permit as may be necessary to carry out the
purpose and provisions of this subdivision.
3. Effect of Permit.
A "special home occupation permit" may be issued for a period of one year, after which
the permit may be reissued for periods of up to three (3) years each. Each application
for permit renewal shall be reviewed and subject to approval of the Zoning
Administrator. In consideration of an application for license renewal where written
complaints have been received or where there has been a change in conditions or
violation, the Zoning Administrator shall have the discretion to process the application
in accordance with the procedural requirements of the initial special home occupation
license.
4. Transferability
Permits shall not run with the land and shall not be transferable.
5. Lapse of Special Home Occupation Permit by Non-Use.
Whenever within one year after granting a permit the use as permitted by the permit
shall not have been initiated, then such permit shall become null and void unless a
Manufactured Housing Communities Chapter 914 Specific Development Requirements
Page 914-13
petition for extension of time in which to complete the work has been granted by the
City Council. Such extension shall be requested in writing and filed with the Zoning
Administrator at least 30 days before the expiration of the original permit. There shall
be no charge for filing of such petition. The request for extension shall state facts
showing a good faith attempt to initiate the use. Such petition shall be presented to the
Planning Commission for a recommendation and to the City Council for a decision.
6. Reconsideration
Whenever an application for a permit has been considered and denied by the City
Council, a similar application for a permit affecting substantially the same property
shall not be considered again by the Planning Commission or City Council for at least
six months from the date of its denial unless a decision to reconsider such matter is
made by not less than four-fifths vote of the full City Council.
7. Renewal of Permits
An applicant shall not have a vested right to a permit renewal by reason of having
obtained a previous permit. In applying for and accepting a permit, the permit holder
agrees that his monetary investment in the home occupation will be fully amortized
over the life of the permit and that a permit renewal will not be needed to amortize the
investment. Each application for the renewal of a permit will be considered as a new
permit without taking into consideration that a previous permit has been granted. The
previous granting or renewal of a permit shall not constitute a precedent or basis for the
renewal of a permit.
8. Additional Requirements for Special Home Occupations
a. No person other than a resident shall conduct the home occupation, except where
the applicant can satisfactorily prove unusual or unique conditions or need for non-
residential assistance and that this exception would not compromise the intent of
this Ordinance.
b. Examples of special home occupations include: barber and beauty services,
photography studio, group lessons, saw sharpening, small appliance and small
engine repair and the like.
c. The home occupation may involve any of the following: stock-in-trade incidental
to the performance of the service, repair or manufacturing which requires
equipment other than customarily found in a home, the teaching with musical,
dancing and other instruction of more than one pupil at a time.
d. Special home occupations may be allowed to accommodate their parking demand
through utilization of on-street parking. In such cases where on-street parking
facilities are necessary, however, the City Council shall maintain the right to
establish the maximum number of on-street spaces permitted and increase or
decrease the maximum number when and where changing conditions require
additional review.
F. Non-Conforming Use
Existing home occupations lawfully existing on the date of this Ordinance may continue as
non-conforming uses. They shall, however, be required to obtain permits for their
continued operation. Any existing home occupation that is discontinued for a period of
more than 30 days, or is in violation of the Ordinance provisions under which it was
initially established, shall be brought into conformity with the provisions of this
subdivision.
Chapter 914 Specific Development Requirements Solar Energy Systems
G. Inspection
The City of Little Canada hereby reserves the right upon issuing any home occupation
permit to inspect the premises in which the occupation is being conducted to insure
compliance with the provisions of this subdivision or any conditions additionally imposed
914.150 Manufactured Home Communities
A. General Provisions:
1. All land area shall be:
a. Adequately drained.
b. Landscaped to control dust.
c. Clean and free from refuse, garbage, rubbish or debris.
2. No tents shall be used for other than recreational purposes in a mobile home park.
3. There shall be no outdoor camping anywhere in a mobile home park.
4. Access to mobile home parks shall be as approved by the City.
5. All structures (fences, storage, cabana, etc.) shall require a building permit from the
Building Official.
6. The area beneath a mobile home coach shall be enclosed except that such enclosure
must have access for inspection.
7. Laundry and clothing shall be hung out to dry only on lines located in City approved
areas established and maintained exclusively for that purpose, as identified on the
mobile home park site plan.
8. A mobile home park shall have an adequate central community building with the
following features:
a. Laundry drying areas and machines.
b. Laundry washing machines.
c. Public toilets and lavatories.
Such buildings shall have adequate heating in all areas and be maintained in a safe,
clean and sanitary condition.
B. Site Plan Requirements:
1. Legal description and size in acres of the proposed mobile home park.
2. Location and size of all mobile home sites, dead storage areas, recreation areas, laundry
drying areas, roadways, parking sites, and all setback dimensions (parking spaces,
exact mobile home sites, etc.).
3. Detailed landscaping plans and specifications.
4. Location and width of sidewalks.
5. Plans for sanitary sewage disposal, surface drainage, water systems, electrical service,
and gas service.
6. Location and size of all streets abutting the mobile home park and all driveways from
such streets to the mobile home park.
Manufactured Housing Communities Chapter 914 Specific Development Requirements
Page 914-15
7. Road construction plans and specifications.
8. Plans for any and all structures.
9. Such other information as required or implied by these mobile home park standards or
requested by public officials.
10. Name and address of developer or developers.
11. Description of the method of disposing of garbage and refuse.
12. Detailed description of maintenance procedures and grounds supervision.
13. Details as to whether all of the area will be developed a portion at a time.
C. Design Standards:
1. Park Size: The minimum area required for a mobile home park designation shall be
five (5) acres.
2. Individual mobile home sites (homes 14 feet wide or less):
a. Each mobile home site shall contain at least 5,000 square feet of land area for the
exclusive use of the occupant:
(1) Width: No less than 50 feet.
(2) Depth: No less than 100 feet.
b. Each mobile home site shall have frontage on an approved roadway and the corner
of each mobile home site shall be marked and each site shall be numbered.
3. Individual mobile home site (homes over 14 feet in width):
a. Each mobile home site shall contain at least six thousand 500 square feet of land
area for the exclusive use of the occupant:
(1) Width: No less than 65 feet.
(2) Depth: No less than 100 feet.
b. Each mobile home site shall have frontage on an approved roadway and the corner
of each mobile home site shall be marked and each site shall be numbered.
4. Individual Mobile Home Unit Site Setbacks: No unit shall be parked closer than 10
feet to its side lot lines nor closer than 30 feet to its front lot line, or within 10 feet of its
rear lot line.
5. Building Requirements: No structure shall exceed one story or 15 feet whichever is
least.
6. Parking:
a. Each mobile home site shall have off-street parking space for two automobiles.
b. Each mobile home park shall maintain a hard-surfaced off-street parking lot for
guests of occupants in the amount of one space for each five-unit sites.
c. Access drives off roads to all parking spaces and coach sites shall be hard surfaced
according to specifications established by the City.
7. Utilities:
a. All mobile homes shall be connected to a public water and sanitary sewer system
Chapter 914 Specific Development Requirements Solar Energy Systems
or a private water and sewer system approved by the State Department of Health.
b. All installations for disposal of surface storm water must be approved by the City.
c. All utility connections shall be as approved by the City.
d. The source of fuel for cooking, heating, or other purposes at each mobile home site
shall be as approved by the City.
e. All utilities shall be underground; there shall be no overhead wires or supporting
poles except those essential for street or other lighting purposes.
f. No obstruction shall be permitted that impedes the inspection of plumbing,
electrical facilities, and related mobile home equipment.
g. The method of garbage, waste, and trash disposal must be approved by the City.
h. The owner shall pay any required sewer connection fees to the City.
i. The owner shall pay inspection and testing fees for utility service to the City.
8. Internal roads and streets:
a. Roads shall be hard surfaced as approved by the City.
b. All roads shall have a concrete (mountable, roll type) curb and gutter.
c. All streets shall be developed with a roadbed of not less than 24 feet in width. If
parking is permitted on the street then the roadbed shall be at least 36 feet in width.
d. The park shall have a street lighting plan approved by the City.
9. Recreation:
a. All mobile home courts shall have at least 10 percent of the land area developed for
recreational use (tennis courts, children's play equipment, swimming pool, golf
green, etc.) developed and maintained at the owner/operator's expense.
b. In lieu of land dedication for public purposes, a cash contribution as established by
the Little Canada Subdivision Ordinance as may be amended, shall be paid to the
City.
10. Landscaping:
a. Each site shall be properly landscaped with trees, hedges, grass, fences,
windbreaks, and the like.
b. A compact hedge, redwood fence, or landscaped area shall be installed around each
mobile home park and be maintained in first class condition at all times as
approved.
c. All areas shall be landscaped in accordance with landscaping plan approved by the
City Council.
11. Lighting:
a. Artificial light shall be maintained during all hours of darkness in all buildings
containing public toilets, laundry equipment, and the like.
b. The mobile home park grounds shall be lighted as approved by the City from
sunset to sunrise.
12. Storage
Manufactured Housing Communities Chapter 914 Specific Development Requirements
Page 914-17
Enclosed storage lockers (when provided) shall be located either adjacent to the mobile
home in a mobile home park or at such other place in the park as to be convenient to
the unit for which it is provided. Storage of large items such as boats, boat trailers, etc.,
shall be accommodated in a separate secured and screened area of the park.
13. General: For those items not specifically referenced, the design standards as established
by the City Council shall be utilized as general development guidelines.
D. Registration:
1. It shall be the duty of the operator of the mobile home park to keep a record of all
mobile home owners and occupants located within the park. The register shall contain
the following information:
a. The name and address of each mobile home occupant.
b. The name and address of the owner of each mobile home.
c. The make, model, year and license number of each mobile home.
d. The state, territory or county issuing such license.
e. The date of arrival and departure of each mobile home.
f. The number and type of motor vehicles of residents in the park.
2. The park operator shall keep the register available for inspection at all times by
authorized City, State and County officials, Public Health officials and other public
offices whose duty necessitates acquisition of the information contained in the register.
The register shall not be destroyed until after a period of three years following the date
of departure of the registrant from the park.
E. Maintenance
The operator of any mobile home park, or a duly authorized attendant and/or caretaker
shall be responsible at all times for keeping the mobile home park, its facilities and
equipment, in a clean, orderly, operable, and sanitary condition. The attendant or caretaker
shall be answerable, along with said operator, for the violation of any provisions of these
regulations to which said operator is subject.
914.160 Manufacturing Potentially Hazardous Materials, Products or Emissions
A. Any materials, products or emissions that are regulated by the state or federal governments
must obtain and maintain the appropriate approvals or licenses from those jurisdictions.
B. The building(s) and its operations must conform to the requirements of the Minnesota
Building Code and the Minnesota Fire Code.
C. Reasonable assurance must be made that the public, residents and other businesses will not
be endangered.
D. City requirements must be met for site planning, plantings, buffering, access, parking,
truck docks, outdoor storage and so on.
914.170 Manufacturing Products from Stone, Clay or Concrete
A. Emissions into the air or water, either direct or indirect, must be contained below levels
prescribed by federal, state, watershed or municipal jurisdictions.
B. The operation must conform to City standards for surface water management.
Chapter 914 Specific Development Requirements Solar Energy Systems
914.180 Residential Care Facility
See Group Home.
914.190 Restaurant with Outdoor Seating or Auto Service (Drive-In or -Through)
A. Restaurants with outdoor loudspeakers, automobile service order devices, drive-in theater
car speakers or similar devices shall not be located within 200 feet of any residential
dwelling unit.
B. The hours of operation shall be set forth as a condition of any building permit for drive-in
business.
C. See also Drive-Up Window Service in Section 914.120.
914.200 Schools, K-12, Public or Private
A. The site plan shall provide for safe and convenient access by bicyclists, pedestrians, auto
and buses.
B. Other normal requirements apply for site planning, screening, lighting, drainage, setbacks
and so on.
914.210 Solar Energy Systems
Solar energy conversion systems shall be allowed as an Accessory Use in any zoning district
under these conditions:
A. In Residential zoning districts, the device must be attached to a Principal or Accessory
structure so as to appear integral to the structure. That is, flat against a wall, flat against a
sloped roof or mounted at an angle on a flat roof. Solar devices on a flat roof must be set
back so they are not visible from the public street. Setbacks normally applied to Accessory
structures do not apply.
B. In Commercial or Industrial zoning districts, solar devices may be mounted on a wall, a
roof or on the ground. Setbacks normally applied to Accessory structures apply.
914.220 Swimming Pools, Spas and Hot Tubs
All private swimming pools, both above the ground and in the ground, whirlpool spas, hot
tubs and similar features that are capable of holding water at a depth of more than 30
inches are subject to the following standards:
A. The pool, spa or hot tub shall not be operated as a business or private club except when
allowed as a permitted home occupation.
B. The pool, spa or hot tub including any related walks, paved areas or other structures, shall
not be located in a front yard, and must be set back at least 5 feet from any property line.
C. The pool, spa or hot tub, the rear yard or the entire property shall be enclosed by a wall or
fence or combination thereof which is at least 4 feet tall with a self-closing gate capable of
being secured with a lock so as to prevent uncontrolled access by children from the street or
adjacent properties. A cover capable of being locked but not easily penetrated when the
subject is not in use may be substituted for fencing.
D. If the only access to a pool, spa or hot tub is through a principal or accessory structure, all
points of access shall be made lockable.
E. Required fencing shall be of durable wood, masonry or metal, and shall be so designed as
to discourage climbing. Building walls may contribute to enclosure requirements.
Vehicle Service Stations Chapter 914 Specific Development Requirements
Page 914-19
F. In the case of above-ground pools, spas or hot tubs, sides that are vertical or slanted
outward may contribute to required fencing, provided that all points of access are
controlled to prevent access by children, including the removal of all ladders and/or stairs
whenever the pool is not in use. A cover capable of being locked but not easily penetrated
when the subject is not in use may be substituted for fencing.
G. Any pool, spa or hot tub with drain must be equipped with anti-entrapment drain covers or
related safety equipment.
H. Existing pools, spas or hot tubs as defined by this ordinance, shall comply with all
provisions of this ordinance within one year of the effective date of this ordinance.
914.230 Vehicle Fuel and Service Stations
A. No vehicles shall be parked on the premises other than those used by employees or
awaiting service. No vehicle shall be parked or be waiting service longer than 30 days.
B. The exterior storage of trash, merchandise, spare parts, etc., not including customers’
vehicles awaiting service, shall conform to the requirements of Chapter 915, General
Development Requirements, Landscaping, Screening and Fencing.
C. Exterior storage other than vehicles shall be limited to service equipment and items offered
for sale. Exterior storage of items offered for sale (merchandise) shall be within the
parking setback requirements and shall be located in containers such as the racks, metal
trays and similar structures designed to display merchandise.
D. All areas for the temporary storage of trash, recycling or discarded parts shall be fully
screened from view. All structures and grounds shall be maintained in an orderly, clean
and safe manner.
E. Lights shall be designed and placed in such a manner as to shield the light away from the
public street or another site.
F. Business activities not listed in the definition of Automobile Service Stations and not
incidental to the business are not permitted on the premises unless a separate development
application is submitted. These include but are not limited to:
1. Automatic car or truck wash;
2. Rental of vehicles, equipment or trailers.
G. Gasoline dispensing pumps located at and a part of other types of businesses shall require a
Conditional Use Permit.
914.240 Vehicle Repair, Mechanical
A. All repairs shall be conducted in a building.
B. No vehicles shall be parked on the premises other than those used by customers, employees
or those awaiting service. No vehicle shall be parked or be waiting service longer than 30
days.
C. The exterior storage of trash, merchandise, spare parts, etc., not including customers’
vehicles awaiting service, shall conform to the requirements of Chapter 915, General
Development Requirements, Landscaping, Screening and Fencing. All areas for the
temporary storage of trash, recycling or discarded parts shall be fully screened. All
structures and grounds shall be maintained in an orderly, clean and safe manner.
D. Exterior storage other than vehicles shall be limited to service equipment and items offered
for sale. Exterior storage of items offered for sale shall be within parking setback
Chapter 914 Specific Development Requirements Vehicle Repair
requirements and shall be located in containers such as the racks, metal trays and similar
structures designed to display merchandise.
914.250 Vehicle Repair, Body
A. All of the requirements for Vehicle Repair, Mechanical, shall apply.
B. All damaged vehicles awaiting repair shall be screened from view by a fence not less than
75 percent opaque and plantings. Such vehicles shall be stored in the interior side or rear
yard of the site.
914.260 Vehicle Sales, New or Used Autos, Light Trucks, Motorcycles, Boats or
All-Terrain Vehicles.
A. No vehicle shall be parked or displayed within a required parking or driveway setback or
buffer area.
B. All repair shall be conducted in a building;
C. There shall be a standard building on the site for office or vehicle display.
D. Unloading of vehicles must occur on-site and not in the public road right-of-way.
E. The facility must conform to the City’s requirements for landscaping, lighting, signs, trash
handling and surface water management.
F. Permitted Accessory Uses include:
1. Repair of automobiles, light trucks, heavy trucks, motorcycles, boats or all-terrain
vehicles;
2. Car washes subject to the requirements in this ordinance for Car Washes;
3. Rental of automobiles;
4. Sale of rental automobiles.
914.270 Wood Chip Pile, Municipal
Open and outdoor storage of materials as an accessory use to a municipal maintenance
facility provided that:
A. The storage area is fenced and screened from view of neighboring residential uses and/or
local public street right-of-way in compliance with Chapter 915 of this code. Screening
materials may include chain-link fence with slats when abutting an “I-1” Light Industrial
District.
B. Materials must be necessary for the health, safety and general welfare of the community.
The maximum amount of stockpiled materials must be indicated on the approved site plan
in cubic yards and approved by the City Council.
C. The storage area must be surfaced with asphalt, concrete or material approved by the
Council. The surfacing should be compatible with materials being stored upon the area.
D. All lighting shall be hooded and so directed that the light source shall not be visible from
the public right-of-way or from neighboring residences and shall be in compliance with
Chapter 915 of this code.
E. The storage area must not take up required parking spaces as required for conformity to
this Ordinance.
CHAPTER 915 GENERAL DEVELOPMENT REQUIREMENTS
915.010 Purpose ............................................................................................................. 915-1
915.020 Accessory Buildings in Residential Districts, Generally ................................. 915-1
915.030 Corner Sight Triangles ...................................................................................... 915-3
915.040 Construction Materials, Exterior ...................................................................... 915-3
915.050 Drainage, Erosion Control, and Stormwater Management ............................... 915-4
915.060 Driveways and Private Internal Access Roads.................................................. 915-4
915.070 Dwelling Unit Restrictions ............................................................................... 915-5
915.080 Emissions........................................................................................................... 915-5
915.090 Essential Services ............................................................................................. 915-6
915.100 Explosive and Flammable Materials; Hazardous Materials ............................. 915-7
915.110 Exterior Storage – Commercial or Industrial .................................................... 915-8
915.120 Exterior Storage and Parking – Residential ...................................................... 915-9
915.130 Fences ............................................................................................................. 915-13
915.140 Landscaping and Screening............................................................................. 915-17
915.150 Lighting, Exterior ........................................................................................... 915-24
915.160 Loading ........................................................................................................... 915-25
915.170 Parking, Off-Street........................................................................................... 915-26
915.180 Porches, Decks and Patios .............................................................................. 915-31
915.190 Relocating Houses or other Structures ........................................................... 915-31
915.200 Utilities, Private .............................................................................................. 915-32
915.010 Purpose
This Chapter is established to provide regulations of general applicability for property
throughout the city, to promote the orderly development and use of land, to protect and
conserve the natural environment, to minimize conflicts among land uses, and to protect the
public health, safety, and welfare.
915.020 Accessory Buildings in Residential Districts, Generally
A. Maximum Height: 15 feet in a residential district
B. Minimum Setbacks
1. From the front parcel line: No closer than the front façade of the house. One Little
Free Library is allowed in the front yard.
2. From the principal building on the same lot: 10 feet
3. From a side or rear parcel line: 5 feet.
4. No accessory building shall be located in a public drainage, utility or access
easement.
Page 915-1
Chapter 915 General Development Requirements
Page 915-2
C. Lot Coverage
1. No individual accessory building or detached garage for a single-family dwelling
shall occupy more than 30 percent of the rear yard.
2. The total floor area of a detached garage and other accessory buildings for a single
family detached dwelling shall not exceed 1,000 square feet except by Conditional
Use Permit, in which case the limit is 1,500 square feet.
D. Number of Accessory Buildings Allowed
Subject to the other regulations in this Section, each single-family lot shall be eligible for
the following accessory structures:
1. Permitted Accessory Structures.
a. One garage structure, whether attached or detached; for detached garages, refer
to the dimensional requirements found in the R-1 and R-2 zoning districts,
Chapter 904 of this code.
b. One recreational accessory building of no more than 160 square feet, and with
no horizontal dimension of more than 16 feet in length or width as a permitted
use. For the purposes of this code, a recreational accessory structure shall be
designed for temporary and seasonal occupancy, but shall not include
permanent storage of materials. Examples of such structures shall include
gazebos, detached porches, or similar buildings.
c. One garden shed, provided that: Such sheds shall be constructed of materials
and colors similar and/or complementary to the principal building; shall not
utilize either corrugated fiberglass or metal siding or roofing; shall be no higher
than 12 feet in height; shall be utilized solely for storage of materials and
equipment accessory to residential dwellings; and shall not be utilized for
shelter or accommodation for animals of any kind.
d. One detached garage as a second garage on the property, under the following
conditions:
1. The other garage structure is an attached garage.
2. The proposed detached garage meets all other relevant conditions of this
Section.
3. The total of all garage and accessory structure space on the property does
not exceed 1,000 square feet.
2. Additional Detached Structures
Beyond the limitations of this Section, the construction of a second garage (either
attached or detached), a third accessory building, or a second garden shed shall
require the approval of a Conditional Use Permit.
When a Conditional Use Permit is issued to exceed 1,000 square feet of garage and
accessory building area, the parcel shall not be eligible for a detached garden shed
as otherwise permitted. Any existing such sheds must be removed as a condition of
the Conditional Use Permit.
Chapter 915 General Development Requirements
Page 915-3
E. Side Yard Limitations
One accessory building may be located between the principal building and the side
parcel line if it conforms to the setbacks shown in Table 904-7, in Residential Districts,
and to the minimum separation from the principal structure required by the Fire Code.
F. Swimming Pools
Swimming pools shall comply with the requirements of Section 914.230, Swimming
Pools.
G. Space for a Garage
Every single-family dwelling unit erected after the effective date of this Code shall be
located so that a garage, either attached or detached, can be built on the parcel.
H. Little Free Libraries
A “Little Free Library” may be allowed in any front or side yard but not in the public
street right-of-way.
915.030 Corner Sight Triangles
A. Corner Visibility
On corner lots (including rural areas), nothing shall be placed or
allowed to grow in such a manner as materially to impede vision
between a height of 2.5 to 10 feet above the centerline grades of
the intersecting streets within the shaded area of the clear sight
triangle shown below.
The point of the corner sight triangle shall be measured 25 feet
back from the imaginary line of the extended curb as shown below.
If there are no curbs, the measurement will be from the point of
intersection of the pavement.
B. Corners Less than 90 Degrees
For lots with an interior angle of less than 90 degrees at a street or railway corner, the protected
corner area is defined by a triangle created by the two corner lot lines and drawing an
imaginary line between the corner lot lines 25 feet from the corner on each property lot line
plus one foot for every ten degrees or fraction thereof less than 90 degrees.
C. Exceptions
Corner visibility standards do not apply to public utility poles, street name markers, official
traffic signs and control devices, and fire hydrants.
915.040 Construction Materials, Exterior
A. No pole type buildings, and no conventionally framed, pre-fabricated, or engineered
steel buildings with metal exteriors (walls or roof), shall be allowed.
B. All buildings in Residential, Commercial , and Industrial Districts shall be constructed
of solid wall masonry, pre-cast concrete or aggregate panels, wood frame masonry
veneer, wood siding (provided the surfaces are finished for exterior use and wood of
proven durability is used, such as cedar, redwood, or cypress), fiberglass, steel, or
aluminum residential siding, glass curtain wall panels (non-structural), and stucco or
stucco-like building products.
Chapter 915 General Development Requirements
Page 915-4
915.050 Drainage, Erosion Control and Stormwater Management
Any land development must follow the applicable requirements of City Code Chapter 927,
Erosion Control, and Chapter 928, Stormwater Management.
915.060 Driveways and Private Internal Access Roads
A. Number, Separation and Width
1. The number, location and width of private access drives or roads onto public roads
may be controlled and limited by the City Council in the interests of public safety
and efficient traffic flow.
2. The minimum separation between private driveways along a public street shall be:
(a) Local or Collector Street: 2 times the required side yard setback for a
driveway
(b) Arterial Street: 50 feet
(c) U-shaped driveways, any street: 40 feet between the inside edges of the
driveway surface
3. The minimum distance between the point that any private driveway meets a public
street and the nearest intersection of two public street curb lines shall be 40 feet.
4. The maximum width for any portion of a driveway at the property line shall be 18
feet for a driveway that serves a detached house; a commercial, industrial or
institutional driveway may be 28 feet if two lanes and 36 feet if three lanes. The
City Engineer may allow adjustments to the driveway intersection corner radius if
needed to accommodate large trucks.
B. Building Access by Fire Emergency Vehicles
1. Driveways shall be installed and sites shall be designed to meet the requirements of
Section 503 of the Minnesota Fire Code. Generally, this means that a fire truck
must be able to park within working distance of a water source and still be within
150 feet of any portion of the exterior wall of a building as measured by the length
of the attack hose. The all-weather paved access drive shall be at least 20 feet wide
and capable of supporting the weight of the City fire truck.
2. Buildings 4 to 8 stories tall have additional access road requirements under Section
503 of the Minnesota Fire Code.
3. For buildings with an automatic sprinkler system, fire apparatus access roads need
only be provided to an approved location, to the sprinkler system fire department
connection and to any secondary on-site water supplies, per the Minnesota Fire
Code.
C. Driveways onto County Highways
Access drives onto County Highways shall require a review by the County Engineer,
who may determine the appropriate location, size and design of the access drives and
may limit the number of access drives in the interest of public safety and efficient traffic
flow.
Chapter 915 General Development Requirements
Page 915-5
D. Public Road Access Required to Each Parcel
All lots or parcels shall have direct adequate physical access for emergency vehicles
along the frontage of the lot or parcel from either an existing dedicated public roadway,
or a private roadway or access drive approved by the City Council.
E. Number of Housing Units Allowed on a Private Internal Access Road
The maximum number of dwelling units, not including apartments (see the definition),
allowed to be accessed by a single private internal circulation road or driveway is 16.
F. Minimum Length of Driveways
Any driveway terminating at a garage shall provide at least 20 feet of parking space
between the garage door and a property boundary line, a sidewalk or a private access
road.
915.070 Dwelling Unit Restrictions
A. No cellar, basement, garage, tent, accessory buildings, trailers, or recreational vehicle
shall at any time be used as an independent resident or dwelling unit, temporarily or
permanently.
B. Basements may be used as living quarters or rooms as a portion of residential dwellings,
provided such rooms meet all applicable building and fire codes.
C. Tents, play houses or similar structures may only be used for play or recreational
purposes
D. Opt-Out of Minnesota Statutes, Section 462.3593: Pursuant to authority granted by
Minnesota Statutes, Section 462.3593, subdivision 9, the City of Little Canada opts-out
of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary
Family Health Care Dwellings.
915.080 Emissions and Pollution
A. Dust and other Particulate Matter.
The emission of dust, fly ash or other particulate matter by any use shall be in
compliance with Section 601 of the City Code.
B. Electricity
All activities which create electrical emissions shall comply with the minimum
requirements of the Federal Communications Commission
C. Glare
Exterior lighting is regulated under Section 915.150 of this chapter.
D. Noise.
The emission of noise by any use shall be in compliance with and regulated by Section
2801 of the City Code.
E. Odors
The emission of odor by any use shall be in compliance with and regulated by Section
601 of the City Code.
F. Radiation
Chapter 915 General Development Requirements
Page 915-6
All activities that emit radioactivity shall comply with the minimum requirements of the
Minnesota Pollution Control Agency or other applicable Federal or State Agency.
G. Smoke
The emission of smoke by any use shall be in compliance with and regulated by the State
of Minnesota Pollution Control Standards, Minnesota Regulation Rules 7007.0080, as
amended. The City may independently determine that the emission of smoke created by
heating systems or other purposes constitutes a public nuisance and may abate such
nuisance pursuant to City Code.
H. Refuse and Waste Material
Refuse and waste material shall comply with Section 601 of the City Code.
915.090 Essential Services.
A. The purpose of this Section is to provide for the installation of essential services such as
telephone lines, pipelines, electrical transmission lines and substations in such a manner
that the health, safety and welfare of the City will not be adversely affected. Essential
services should also be installed in cognizance of existing and projected demands for
such services.
B. All underground telephone lines, pipelines for local distribution, underground electric
transmission lines, and overhead electric transmission lines and substations less than 33
KV, when installed in any public right-of-way in any zoning district, shall require a
special permit approved by the City Engineer. No above-ground equipment, such as
utility service cabinets or boxes, shall be constructed without a permit from the City
Engineer.
C. All underground telephone lines, pipelines for local distribution, underground electric
transmission lines, and overhead electric transmission lines less than 33 KV, which are
intended to serve more than one (1) parcel and are proposed to be installed at locations
other than in public right-of-way, shall require a special permit issued by the City after
approval by the City Engineer. No above-ground equipment, such as utility service
cabinets or boxes, shall be constructed without a permit from the City Engineer.
Approval by the City Engineer shall be based upon the information furnished in the
following procedural requirements:
1. Prior to the installation of any of the previous essential services, the owner of such
service shall file with the Zoning Administrator, all maps and other pertinent
information as deemed necessary for the City Engineer to review the proposed
project.
2. The Zoning Administrator shall transmit the map and accompanying information to
the City Engineer for his review and approval regarding the project's relationship to
the Comprehensive Plan and/or Codes and parts thereof.
3. The City Engineer shall report in writing to the Zoning Administrator his findings
as to the compliance of the proposed project with the Comprehensive Plan and
Codes of the City.
4. In considering applications for the placement of essential services, as regulated in
this Section, the aforesaid City staff shall consider the effect of the proposed
project upon the health, safety and general welfare of the City, as existing and as
anticipated; and the effect of the proposed project upon the Comprehensive Plan.
Chapter 915 General Development Requirements
Page 915-7
5. Upon receiving the approval of the City Engineer, the Zoning Administrator shall
issue a special permit for the installation and operation of the applicant's essential
services. If the Engineer's report recommends the denial of said permit causing the
Zoning Administrator to deny its issuance, the applicant may appeal said decision
to the Board of Appeals and adjustments under the rules and procedures as set forth
in Chapter 922 of this Code.
D. All transmission pipelines (i.e. pipelines not required for local distributing network) and
overhead transmission and substation lines of 33 KV or greater shall be a conditional use
in all districts subject to the following procedural requirements:
1. Prior to the installation of any of the previous essential services, the owner of such
service shall file with the Zoning Administrator, all maps and other pertinent
information as deemed necessary for the Planning Commission to review the
proposed project.
2. The Zoning Administrator shall transmit the map and accompanying information to
the Planning Commission for its review and recommendations regarding the
project's relationship to the Comprehensive Plan and parts thereof. A part of this
review shall be a written report from the City Engineer.
3. Compliance of the proposed project with the Comprehensive Plan.
4. The City Council shall hold the necessary public hearings as prescribed by this
Code for conditional use.
5. In considering the applications for the placement of essential services, as regulated
by this subdivision, the City Council shall consider the advice and
recommendations of the Planning Commission and the effect of the proposed
project upon the health, safety and general welfare of the City, existing and
anticipated; and the effect of the proposed project upon the Comprehensive Plan.
915.100 Explosive and Flammable Materials; Hazardous Materials
A. In General
No use or structure involving the manufacture, storage, or use of explosive or flammable
materials shall be operated or occupied as to constitute a hazardous condition, or as to
unreasonably interfere with the use and enjoyment of property by any person of normal
sensitivities, or otherwise as to create a public nuisance.
B. Specific Standards
All uses involving the manufacture, storage, or use of explosive or flammable materials
shall comply with all pertinent regulations, including but not limited to the Minnesota
Building Code and Minnesota Uniform Fire Code, and shall meet the requirements
identified as follows:
C. Safety Devices
All uses involving the manufacture, storage, or use of explosive or flammable materials
shall employ best management practices and the provision of adequate safety devices to
guard against the hazards of fire and explosion and adequate fire-fighting and fire-
suppression devices standard in the industry.
Chapter 915 General Development Requirements
Page 915-8
D. Explosive or Blasting Agents
The manufacture, storage, or use of any explosive or blasting agent, as defined by the
Minnesota Fire Code, shall be prohibited in any non-industrial zoning district.
E. Flammable Liquids and Gases
The storage of any flammable liquid or gas shall be subject to the requirements
established under the Minnesota Fire Code and review by the State Fire Marshal.
1. Distance from Residential Zoning Districts
Storage of flammable liquids or gases in excess of 120 gallons but not more than
500 gallons shall be located no closer than 50 feet from the nearest residential
zoning district boundary, and if outside and above-ground, shall be located no
closer than 100 feet from the nearest residential zoning district boundary. Storage
of flammable liquids or gases in excess of five hundred 500 gallons but not more
than 2,750 gallons shall be located no closer than 150 feet from the nearest
residential zoning district boundary, and if outside and above-ground shall be
located no closer than 300 feet from the nearest residential zoning district
boundary. Storage of flammable liquids or gases in excess of 2,750 gallons shall be
located no closer than 300 feet from the nearest residential zoning district
boundary.
2. Decreasing Minimum Distance
A decrease in the minimum setback, established above, shall only be allowed
through approval of a Conditional Use Permit.
F. Hazardous Materials
1. No use or structure involving hazardous materials shall be operated or occupied as
to constitute a hazardous condition, or as to unreasonably interfere with the use and
enjoyment of property by any person of normal sensitivities, or otherwise as to
create a public nuisance.
2. All uses shall comply with the standards governing hazardous materials as
regulated by the Minnesota Pollution Control Agency.
915.110 Exterior Storage – Commercial or Industrial
A. Outdoor Display of Retail Merchandise.
1. Retail merchandise may be displayed on a private sidewalk adjacent to a retail
store. This does not apply to vehicle sales or to other businesses whose
merchandise is customarily displayed outdoors because of its size or nature.
2. The area of such display shall be limited to 100 square feet.
3. Pedestrian traffic on the sidewalk shall not be unduly impeded by the merchandise.
4. The display area shall be kept neat and orderly.
B. Industrial Sites
Outdoor storage of goods or materials shall be screened from view from public roads,
including highways, or residentially-used property by a combination of fencing,
plantings and/or earthen berms. Screening means blocking the view to at least 90
percent opacity. Plantings shall be used to soften the appearance of a fence. Plantings
Chapter 915 General Development Requirements
Page 915-9
and/or berms may be used without a solid fence if in the opinion of the Community
Development Director, the objective is satisfied of year-round 90 percent screening.
In Industrial Districts, gates which are part of a security fence enclosure need not be
screened, provided that the gate is no greater than 24 feet in length, and no more than one
such gate is allowed to be unscreened per street frontage.
915.120 Exterior Storage and Parking – Residential
A. All materials and equipment except as may be provided for in the individual zoning
districts, Chapters 904 through 910, of this code shall be stored within a building or fully
screened so as not to be visible from adjoining properties, except for the following:
1. Clothes line pole and wires.
2. Recreational equipment and vehicles except that no parking of recreational vehicles
that are that are out of current season shall be permitted in the front yard (e.g. boats
during winter, snowmobiles during summer, etc.).
3. Construction and landscaping materials and equipment currently being used on the
premises, for a period of no more than 60 days. In the case of dumpsters or other
waste containers being utilized for current construction projects, such containers
shall be emptied at intervals of no more than 30 days and shall be removed when
not in use.
4. Off-street parking of passenger vehicles and trucks not exceeding a gross capacity
of 12,000 pounds in residential areas.
No such parking shall be permitted within the rear yard, except when such parking
is upon a driveway leading to a garage, or other approved parking space. Vehicles
located in a rear yard shall be considered vehicle storage and subject to the location
and screening requirements of this section.
5. Temporary moving containers being used for current household relocation, for a
period of no more than 30 days.
6. Trash receptacles provided that such bins are kept in a location that is no more than
5 feet from the house or garage. Screened trash enclosures may be located within
15 feet of the right of way line of the street. Trash receptacles may be placed at the
street for 24 hours before and after the scheduled collection day.
B. Screening
Screening of storage areas may consist of a wood or vinyl fence, masonry wall or
landscaping meeting the requirements of Chapter 915, General Development
Requirements, Landscaping and Screening. Required screening must be installed to a
height of between 6.5 feet to provide at least 90 percent opaque visual screening along
the length of the storage area from adjacent property.
C. Vehicle Storage in Residential Areas
The following parking regulations apply to the R-1, R-2 and R-3 zoning districts as well
as to housing located in non-residential zoning districts. These regulations supplement
the off-street parking requirements of the Section titled Parking Requirements, Off-
Street.
1. Off street parking of any type of vehicle shall be provided in accordance with the
Section titled Parking Requirements, Off-Street, of this Chapter.
Chapter 915 General Development Requirements
Page 915-10
2. No more than four vehicles or one per licensed driver residing on the premises,
whichever is more, may be parked or stored outside on the lot. For the purpose of
this clause, a vehicle must be currently licensed and operable, have a capacity of
nine or fewer passengers or be a truck not exceeding one-ton capacity.
3. Exterior vehicle parking and storage shall be confined to surfaces paved with
concrete, asphalt or pavers. All new or expanded parking shall meet this standard.
All new construction, including garages, garage additions and parking or vehicle
storage areas shall be served by an access drive made of concrete, asphalt or
pavers.
a. One-, Two- or Three-Family Residences:
1. Parking areas and circulation drives of shall be set back at least 5 feet
from any side or rear lot line.
2. Parking in the front yard shall not be located between the living space of
the house and the street.
3. Front yard parking beyond the width of the garage (that is, in the side
yard) shall be set back from the front property line at least 10 feet.
4. Parking or Storage of Commercial-Use Vehicles, Inoperable Vehicles, Unlicensed
Vehicles and Vehicle Parts
a. Inoperable vehicles, unlicensed vehicle or vehicle parts shall not be stored
outdoors, whether on a lot or on a street, in a residential district
b. One commercial vehicle of Class 1, 2 or 3 may be parked or stored outside,
whether on a lot or on a street, in a residential district. Class 1, 2 and 3
vehicles are defined by the U.S. Department of Transportation.
5. Parking or Storage of Recreational Vehicles, Boats, Trailers, All-Terrain Vehicles,
Snowmobiles and Similar Vehicles
a. Recreational vehicles, boats, all-terrain vehicles, snowmobiles, special purpose
trailers or other vehicles designed or used for off-road purposes may be parked
or stored in a garage or other building or may be parked or stored outdoors as
follows:
b. No more than two such vehicles, not more than one of which is a recreational
vehicle, shall be parked or stored outdoors on each lot. Such lot must be
occupied by a principal structure, and such parking or storage shall occur only
on asphalt, concrete or pavers but not in a space that is designated as required
parking for the principal use. A trailer with one or more vehicles on it shall be
considered one vehicle.
c. Any such vehicle shall not be parked or stored within 5 feet of a side or rear
lot line. Vehicles may be parked within the required front setback provided
vehicles are parked on an approved asphalt, concrete or pavers and shall not be
within 10 feet of the front yard property line.
d. Such vehicles shall not be parked between the living space of the house and
the street.
e. Recreational vehicles shall not be used as living or sleeping quarters for more
than 14 days per year.
Chapter 915 General Development Requirements
Page 915-11
D. The following diagram and table describe the location standards that apply to all
residential parking and exterior storage:
Exterior Storage Diagram
Chapter 915 General Development Requirements
Page 915-12
A B C D E
Parking -
Front
Driveway
Add’l. Front
Parking
Space
Side Yard
with a 10’
Setback
Side Yard
with a 3’
Setback
Rear Yard
10’
Setback
Screening Comments
Passenger
autos and light
trucks
(licensed and
legally operable
only)
Yes, parking
on Driveway
Yes, on one
paved extra
space
Yes, parking
meeting a
10’ setback
and on
paved space
Yes, parking
provided
less than 6’-
6” high and
on paved
space
Yes, storage
with a 10’
setback –
unpaved OK
None
required
Front and side
yard location for
parking only –
rear yard
allowable as
storage per
requirements
Storage of RV
and equipment
(RVE), and
such equipment
on trailers
(boats,
snowmobiles,
etc.)
Yes, parking
on Driveway
Yes, RVE
storage on
designated
space
Yes, RVE
storage with
a 10’ setback
and on
designated
space
Yes, storage
of RV
provided
less than
6.5’tall; on
pavement
only
Yes, storage
of RVE with
a 10’
setback –
unpaved OK
Required, if
in rear yard,
or if in side
yard with
setback less
than 10’
Establish a
maximum of 3
recreational
vehicles on any SF
property, with
maximum of 1
such RV stored in
front yard
Parking of
large, self-
propelled RV
(larger than
passenger
vehicle)
Yes, parking
on Driveway
(but not
within right
of way)
Yes, parking
on paved
extra space
Yes, parking
with a 10’
setback and
on paved
space
Yes,
provided
less than
6.5’tall; on
pavement
only
Yes, with a
10’ setback
- unpaved
OK
Same as
above
Same
requirements as
above category
Parking of
commercial
vehicle
(licensed and
operable only)
One vehicle
parked if
operated by
resident &
on driveway
Yes, parking
on space
designated
for passenger
auto parking
Yes, parking
with a 10’
setback and
on paved
space
Yes,
provided
less than 6’-
6” high, on
pavement
only
Yes, with a
10’ setback
– unpaved
OK
Same as
above
Vehicle may not
exceed 12,000
pounds
Storage of open
Utility Trailer
Yes, but only
recreational
equipment
may be
stored
Yes, storage
on designated
space, same
restriction as
driveway
Yes, with a
10’ setback;
no paving
required –
equipment
or materials
OK
Yes,
provided
less than 6’-
6” high, on
pavement
only
Yes, with a
10’ setback
– unpaved
OK
Same as
above
Where storage is
located on
unpaved surfaces,
maintenance
required to
prohibit weeds or
other nuisance
conditions
Storage of
enclosed Utility
Trailer (or any
such trailer,
regardless of
contents)
Yes,
maximum of
1 such trailer
Yes, on
designated
space- same
restriction as
driveway
Yes, 10’
setback; no
paving
required
Yes,
provided
less than 6’-
6” high, on
pavement
only
Yes, with a
10’ setback
– unpaved
OK
Same as
above
Same as above
Other storage
of equipment
or materials
No No Yes, storage
with 10’
Setback
Not
permitted
With a 10’
setback;
unpaved
Required, if
in rear yard
Also subject to
Nuisance Code
Requirements
Residential Parking and Storage Table
Chapter 915 General Development Requirements
Page 915-13
915.130 Fences
A. Permit Required.
No persons, firm, or corporation shall construct or erect any fence without first securing a
permit.
B. Location.
All boundary line fences shall be located entirely upon the private property of the person,
firm or corporation constructing, or causing the construction of, such fence, unless the
owner of the adjoining property agrees, in writing, that such fence may be erected on the
division line of the respective properties. See Figure 915-2.
C. Surveys.
An applicant for a fence permit shall be required to verify the location of existing property
lines either by location of the property line corners or submission of a survey conducted
by a Registered Land Surveyor. The City Building Official shall, pursuant to a fence
permit application, inspect the location and construction of any fence both prior to and
after construction.
D. Construction and Maintenance.
1. Every fence shall be constructed in a substantial, workmanlike manner and of
material reasonably suited for the purpose for which the fence is proposed to be
used. Every fence shall be maintained in such condition as to not become a hazard,
eyesore or public or private nuisance. Fences shall be deemed to fail this
requirement when they are missing parts or components, are not stained or painted
as required by the material, leans more than percent out of vertical, or other
conditions as deemed by the Building Official.
2. All fences shall be so constructed that the finished site faces away from the fence
owner's lot.
3. Any fence which endangers the public safety, health or welfare shall be considered
a public nuisance and abatement proceedings may be instituted by the proper City
Official if within fifteen (15) days after notification the owner of such fence has not
undertaken the necessary repairs to himself abate the nuisance. Link fences, where
permitted, shall be constructed in such a manner that no barbed ends shall be at the
top.
4. All boundary line fences within 2 feet of any property line shall be constructed of a
maintenance free material, such as vinyl or weather-resistant metal. In addition, the
required maintenance of chain link fences with slats (where permitted) shall include
the replacement of broken slats, damaged posts, and bent or broken rails. Required
maintenance of wooden fences shall include the replacement of broken or rotten
boards.
E. Prohibited Fences.
Electric fences shall not be permitted. Barbed wire fences shall not be permitted except as
hereinafter provided. Fences of the picket, rail or slat types shall be so constructed that the
spaces between the pickets, rails or slats shall not constitute a condition which may be a
dangerous attraction to children.
Chapter 915 General Development Requirements
Page 915-14
F. Swimming Pool Fences
(1) Outdoor swimming pools as described in Section 915.020.D.6. of this code shall be
adequately fenced to prevent uncontrolled access from the street or adjacent
property.
(2) A fence at least 4 feet in height shall completely enclose any underground pool, and
except as specifically provided in Section 915.020.F.6.b of this Code, shall
completely enclose any pool constructed above ground.
(3) The fence required in (1) above shall not be required for any pool constructed
above ground which is equipped with a detachable ladder or a ladder which
manually can be placed in a position where access to the pool cannot be obtained
by use of any such ladder.
G. Residential District Fences.
1. Boundary Line Fences.
In all parts of Little Canada, zoned residential (farms excepted), no boundary line
fences shall exceed 4 feet in height except that:
a. Fences on all corner lots erected within 30 feet of the intersecting property line
shall be subject to the visibility triangle setback of t30 feet found in Section
915.020.H. of this Code.
b. Fences along any rear property line which is also the rear property line of an
abutting lot shall not exceed 6.5 feet in height.
c. Fences along a rear or side property line which line constitutes the side lot line
of an abutting lot shall not exceed 6.5 feet in height for a distance as calculated
in sub-section d. below and shall not exceed 4 feet in height within the
required building setback from any public right of way.
d. Subject to other restrictions within this section, fences may be constructed to a
height of 6.5 feet on or along the side yard property line from the rear lot line
to a point equaling the front building line of the principal building.
e. In those instances where a fence exists as an enclosure which restricts access
from the front to the rear yard, a gate, identifiable collapsible section, or other
such means of recognizable ingress shall be provided for emergency vehicles.
Such ingress shall be unobstructed and a minimum of 10 feet in width. The
location of such ingress points shall be positioned at any point paralleling the
front lot line, between the side lot property line and the principal structure.
f. All boundary line fences in residential districts shall be constructed in such a
manner not to obstruct or divert natural storm water drainage flow.
2. Interior Yard Fences.
a. Any fence erected within any portion of the required front yard shall not
exceed 4 feet in height and shall be at least 25 percent open.
b. Within a rear yard, at a point 5 feet beyond any property line, a solid fence up
to 6.5 feet tall may be erected as a total enclosure. Said enclosure may
encompass the entire rear yard, plus extend to the front building line of the
principal building, shall have adequate means of emergency access, and shall
conform to other specialized requirements of the Little Canada City Code as
Chapter 915 General Development Requirements
Page 915-15
may be amended.
c. Chain link or woven wire fences (without slat screens) used for the enclosure
of tennis courts or other such recreational purposes shall not exceed 10 feet in
height and shall be located in a rear yard only.
3. Multiple-family Housing to Single-Family Housing
Where any multiple family residential use abuts property zoned for single-family
residential use, the multiple family residential project shall provide screening along
the boundary of the single-family residential property in accordance with the
standards listed in Section 915.020.G. (Required Screening, Landscaping, and Site
Work) of this Code.
Figure 915-2
H. Commercial and Industrial District Fences.
Fences in all Commercial and Industrial Districts shall not exceed 8 feet in height
except:
1. Boundary Line fences abutting "R" Districts shall conform to those regulations
applicable to the "R" District.
2. Security Fences.
(a) Fences which are erected primarily to secure a particular area have "arms"
inward toward the enclosure not to exceed 36 inches in length, located a
minimum of 6 and a maximum of 8 feet above ground level, on which arms
barbed wire may be strung.
(b) A survey establishing the true boundary line must be made by a Registered
Land Surveyor and submitted to the City.
(c) Fence arm extensions may not extend across an abutting property line or over
Chapter 915 General Development Requirements
Page 915-16
any public right-of-way.
3. Fences erected within the required front yard area shall not exceed six (6) feet in
height and shall be of a chain link or woven wire construction which affords
maximum visibility. Fences on corner lots shall provide a visibility triangle
meeting the 30 feet dimensional requirements of Section 915.020.H of this Code.
4. Where any business or industrial use abuts property zoned for residential use, the
business or industry shall provide screening along the boundary of the residentially
zoned property in accordance with the standards listed in Section 915.020.G.
(Required Screening, Landscaping, and Site Work) of this Code.
I. Special Purpose Fences.
1. Fences for special purposes and fences differing in construction, height or length
may be permitted in any district in the City by issuance of a conditional use permit,
except as provided for in Section 915.020.F.9.b. of this Code.
2. Fences which are temporary in nature, are installed for the purpose of protecting
gardens or lawns from natural elements, and which are less than 48 inches in height
may be allowed without permit, provided that such fences are not located within the
required front or side yards of a lot, and that such fences are not determined to be a
nuisance as regulated by the Little Canada Municipal Code.
3. Railroad Screening Fence. In the case of residential property that abuts railroad
property, a fence for the purpose of sound and visual barrier is allowed by
conditional use permit with the following conditions:
a. Permit Required. No person, firm, or corporation shall construct or erect any
fence under this section without first securing a building permit.
b. Location. All boundary line fences shall be located entirely upon the private
property of the person, firm or corporation constructing, or causing the
construction of, such fence, unless the owner of the adjoining property agrees,
in writing, that such fence may be erected on the division line of the respective
properties.
c. Surveys. An applicant for a fence permit shall be required to verify the
location of existing property lines either by location or the property line
corners or submission of a survey conducted by a Registered Land Surveyor.
The City Building Official shall, pursuant to a fence permit application,
inspect the location and construction of any fence both prior to and after
construction.
d. When a new fence is constructed along a property line abutting railroad
property, any existing parallel boundary line fence within 5 feet of the
proposed fence, including posts, shall be removed before construction of a new
fence can take place.
e. All fences in the rear yard of residential property that abuts a railroad track
shall be constructed to a maximum height of 12 feet. Fences to be constructed
on corner lots shall be no greater than 6.5 feet within 30 feet of any street
right-of-way line.
f. On all lots, fences shall meet the required setbacks as set forth in the zoning
code.
Chapter 915 General Development Requirements
Page 915-17
g. All fences constructed pursuant to the section shall meet all other applicable
regulations for fences under Section 915.020.F. All Railroad Screening
Fences shall be constructed of a maintenance free material, such as vinyl,
brick, or weather-resistant metal or wood. Other materials may be deemed
acceptable.
h. Landscaping required. A landscaping plan shall be submitted to the Planning
Commission and the City Council for review and approval, with an emphasis
on minimizing the view of the fence from abutting property.
915.140 Landscaping and Screening
A. Purpose
The purpose of this section is to improve appearances, increase the compatibility of
differing land uses, reduce soil erosion, protect water quality, provide summer cooling
and winter wind protection, and increase property values.
B. Types of Development Included
The requirements of this section shall apply to all proposed commercial, industrial,
multiple-family residential, public or semi-public developments that are required to
submit an application for Site Plan Review. Excluded are building additions less than 50
percent of the existing floor area and parking lot expansions less than 50 percent of the
existing parking area. Individual detached (single-family) houses are exempt from this
landscaping section except for sub-section (C), below. Plats that create lots for more than
one detached house are subject to these regulations, however.
C. Plantings for Single-Family Detached Houses
Single-family detached houses shall have at least one overstory tree per house, with a
minimum caliper size of 2.0 inches. Existing trees may count toward this requirement.
D. Planting Plan Required
Each application for Site Plan Review shall include a planting plan, drawn to scale by a
professional landscape architect or nursery landscape designer, which shall address:
1. Existing and proposed topography using 2-foot contour intervals, if topography is
being altered.
2. Existing and proposed vegetation. The Community Development Department may
require a survey of existing trees by species that have a diameter at 4 feet in height
of 12 inches or greater.
3. Proposed plants shall be shown at their normal mature crown diameter. A table
shall be included that lists the symbols, quantities, common names, botanical
names, sizes of plant material, root specification (e.g., balled, potted, etc.) and any
special planting instructions.
4. Existing and proposed site plan elements such as buildings, parking lots, driving
lanes, sidewalks, other improvements, water bodies, streams and wetlands.
E. General Site Landscaping
1. Landscape Elements
Landscape design may include existing trees or shrubs that are in good condition,
turf grass, ground cover plants, overstory trees, ornamental trees, shrubs,
Chapter 915 General Development Requirements
Page 915-18
perennials, flowers, ornamental grasses, berms, walls and fences. Each site shall
include a combination of coniferous and deciduous plants and a combination of
trees and shrubs. Overstory trees may be either deciduous or coniferous.
2. Areas of the Site to Be Landscaped
All parts of each site that are not occupied by parking, patios, driveways or other
hardscape shall be planted with at least turf grass or ground cover plants. These
locations include:
a. Required setback spaces that abut a public street;
b. Required setback spaces along a side yard between the front lot line and the
building;
c. Required setback spaces that abut a different type of land use (e.g.,
commercial versus residential);
d. All islands in parking lots.
No landscaped area may be used for parking vehicles or the storage or display of
materials, supplies or merchandise.
3. Priority of Locations for Plantings
The priority for the locations to be planted with trees and shrubs is:
a. Site edges that abut a differing type or intensity of land use; refer to
Subsection (I), below for how to plant such locations;
b. The space between the public street right-of-way and the parking lot or
building;
c. The setback along an interior or rear lot line;
d. Islands or peninsulas in commercial or residential parking lots.
4. Minimum Number of Overstory Trees Required along Public Streets
Table 15-2: Minimum Number of Overstory or Ornamental Trees Required
Type of Land Use Minimum Number of Trees Required
per 100 Linear Feet of Public Street
Edge
Multiple-Family Residential
Development
3.0
Commercial Development 2.5
Industrial-Office Park (I-2 District) 2.5
Limited Industrial (I-1 District) 2.0
These required trees shall be planted between the front property line and the
building setback line and shall be supplemented with shrubs at the rate shown in
Table 15-3, below. Additional overstory or ornamental trees may be needed along
other property line or within parking lots to meet the requirements of this Section.
5. Minimum Number of Shrubs Required along Public Streets
Table 15-3: Minimum Number of Shrubs Required
Type of Land Use Minimum Number of Shrubs Required
per 100 Feet of Public Street Edge
Multiple-Family Residential 20
Commercial 15
Industrial-Office Park (I-2 District) 10
Limited Industrial (I-1 District) 0
These required shrubs shall be planted between the front property line and the
building setback line. Additional perennials or annuals may be needed along other
property line or within parking lots to meet the requirements of this Section.
F. Plant Sizes and Variety
1. Existing Vegetation
Existing healthy, well-formed canopy and understory trees as well as healthy
shrubs shall be credited toward the requirements of this section, provided the
vegetation is protected before and during development of the site and maintained
thereafter in a healthy growing condition, and meets the applicable regulation.
2. Minimum Plant Sizes
Table 15-4: Minimum Plant Sizes
Minimum Size¹ Notes
Deciduous canopy or shade
trees
Ball and burlap
Container
2.0” diameter
1.25” diameter
Multi-stem varieties:
Minimum height of 6 feet
above ground level.
All new trees shall be
tethered and wrapped.
Understory, small maturing,
or ornamental trees
1.25” diameter Multi-stem varieties:
Minimum of 4 feet in height
Conifer trees 6 feet tall
¹All diameters are measured at a height of 4’
3. Species Variety
To curtail the spread of disease or insect infestation in a plant species, not more
than one-quarter of the plantings may be of the same species. To help provide
year-round color, both deciduous and coniferous plants shall be used.
4. Prohibited Plants
The following trees shall be prohibited: Box Elder, Chinese Elm, Cottonwood,
Siberian Elm, Female Ginkgo, Silver Maple, Norway Maple, Russian olive, and
Buckthorn.
These following trees shall not be used within 20 feet of the street edge: aspen,
apple, black locust, black walnut, butternut, catalpa, cherry, Douglas fir, fir,
juniper, larch, mulberry, plum, poplar, spruce, willow and yew.
Page 915-19
Chapter 915 General Development Requirements
Page 915-20
5. Sod
Sod shall be used in boulevard areas rather than seed to establish turf grass.
G. Parking Lot Screening
The following requirements for the setback areas and interior portions of parking lots
complement the General Site Landscaping requirements shown in (E), above.
1. Perimeter Landscaping Requirements
The views toward parking lots from public streets or residential areas shall be
treated with plantings and, possibly, earthen berms, fences or other methods. The
priority for planting locations shall be:
a. Parking lots adjacent to housing. Refer to See Sub-Section I, Buffers between
Different Zoning Districts or Land Use Intensities.
b. Between the public street right-of-way and the parking lot or the building
Refer to Sub-Section (2), below.
c. The interior of parking lots. Refer to Sub-Section (3), below.
d. Other parking lot edges.
2. Parking Lots Adjacent to Streets
a. Any parking lot adjacent to a public street for a commercial, industrial,
multiple-family residential, public or semi-public development shall have a
minimum planting strip equal to the required parking lot setback along the
street right-of-way;
b. For residential, commercial, public or semi-public sites, the landscaping shall
be designed to soften the views of parked cars from the street. In a traffic
safety visibility triangle, mature shrubs or ornamental grasses shall not exceed
30 inches in height This sub-section does not apply to I-2 zone.
c. Overstory trees (deciduous or coniferous) shall be provided at a minimum rate
shown in Table 15-2, Number of Overstory Trees Required, above.
d. Screening materials may include a combination of plants, berms, raised
planters, masonry walls, or other screening devices that meet the intent of this
requirement.
Figure 15-2: Perimeter landscaping required
between a parking lot and a street.
Figure 15-1: Illustration of parking lot
perimeter screening
Chapter 915 General Development Requirements
Page 915-21
3. Islands in Parking Lots
a. This sub-section does not apply to the I-1, Limited Industrial, zone.
Planted islands shall be used to demarcate driving aisles and to break up long
rows of parking at the rate of one island for every 50 parking spaces.
Landscaped islands shall have a minimum outer width of 9 feet. Plantings in
the islands shall consist of at least one overstory tree per island and rock
mulch. Additional shrubs or other perennials may be included at the discretion
of the owner to enhance appearances.
H. Landscaping between Different Zoning Districts or Land Use Intensities
1. The plantings required in this sub-section are in addition to plantings required in
sub-section (G), General Site Landscaping.
2. New developments shall provide a landscaped buffer between differing zoning
districts or land uses of significantly different intensity (i.e. low density and high
density, residential and commercial, residential and industrial, commercial and
industrial, public/semi-public and residential, etc). The buffer shall have the width
as provided in Table 15-1 and number of plantings as provided in Table 15-2.
3. No structure shall be permitted within a required buffer other than a wall, fence, or
earth berm. Parking areas and driveways shall not encroach upon buffer areas.
Note that the width of the required transition buffer may exceed the width of the
normal minimum required parking or building setback.
Table 15-5: Minimum Width and Treatment of Required Buffer Areas
Proposed Use in this Zoning District
R-1 or R-2
District, a
School or a
Public Park
R-3 or R-4
District
Any C
District
Any I
District
Adjacent to:
R-1 or R-2 District, a
School or a Public Park
Landscape Standard
--
15’
B
25’
C
40’
D
R-3 or R-4 District
Landscape Standard
15’
B -- 20’
C
40’
D
Any C District
Landscape Standard
25’
C
20’
C -- 15’
B
Any I District
Landscape Standard
40’
D
40’
D
15’
B --
4. Minimum Planting Requirements
a. For every 100 lineal feet of a required buffer area between differing types of
land uses or intensities, the following cumulative number of plants shall be
Chapter 915 General Development Requirements
Page 915-22
provided.
Required
Buffer
Area
Overstory Trees
(Deciduous or
Coniferous)
per 100 lineal feet of
buffer
Plus
Ornamental Trees
per 100 lineal feet of
buffer
Plus
Shrubs per 100 lineal
feet
of buffer
A 2 0 0
B 3 2 4
C 4 4 10
D 6 6 12
b. The buffer requirement may be reduced one step (not lower than A) if:
i. If there is a public street between differing zoning districts,
ii. The property owner on the opposite side of the buffer line has already
installed a transition buffer that meets these requirements;
c. The buffer requirement may be reduced two steps (not lower than A) if a berm
and/or an opaque fence or wall totalling at least 6 feet tall is used. In that case,
any required shrubs shall be placed on the outer side of the fence or wall with
the intent of softening the barrier.
I. Screening of Storage, Loading or Trash Collection Areas
1. Intent and Applicability
In addition to the other planting requirements in this sub-section, screening shall be
required in all districts to shield the view to certain site elements from either off-
site or on-site locations.
2. Items to be Screened
The following areas shall be screened from view from the public street or from
nearby housing:
a. Trash and recycling areas;
b. Loading and truck service areas;
c. Outdoor storage areas.
It is not the intention of this Code to require visual screening of these items in the I-
1, Limited Industrial District, from views between industrial sites.
3. Methods of Screening
a. All items to be screened shall be provided with a visual screen consisting of
fences, walls, gates, berms, approved plants or some combination of those
elements.
b. Fences or walls shall be compatible with the architectural materials and
patterns of the principal structure.
c. Truck dock doors on new (future) buildings shall face away from the public
street. Wing walls shall be used to screen the view of truck docks that would
Chapter 915 General Development Requirements
Page 915-23
otherwise be visible the public street.
d. Outdoor storage of goods or materials shall be screened from view from the
public street or from housing by a fence or wall at least 6 feet tall and 90
percent opaque. Plantings in the foreground shall be used to soften the
appearance of the fence or wall.
J. Tree and Woodland Protection
1. Natural forest and woodland areas shall be preserved to the extent practical, and
substantial tree stands shall be incorporated into site development as feasible.
Treed locations shall not be clear-cut if selective cutting and grading can be used to
protect and preserve portions of the forest. The land developer shall demonstrate
that no practical alternative exists to removing existing trees from a site. Credit
may be given for certain trees that are preserved, and additional trees may be
required in place of major trees that are removed.
2. Tree Inventory and Protection Required
If requested by the Community Development Department, the applicant shall
submit a tree survey prepared by an arborist or land surveyor. All trees with a
diameter of 12 inches or more shall be retained to the extent practical.
3. Credit towards Landscape Requirements
Protected trees may be used to offset the number of required new overstory trees on
a one-to-one basis provided that the protected trees meet the requirements for new
plantings.
4. Removal and Replacement of Protected Trees
If any trees with a diameter of 12 inches or greater are removed, they shall be
replaced with new trees that meet the minimum size requirement at the rate of 1
new tree for each tree removed. Replacement trees shall be in addition to the
normally required number of overstory trees.
5. Tree Protection during Construction
All protected trees shall be fenced before grading or excavation begins.
Encroachments into the root zones of protected trees shall be avoided.
6. Exemptions
The following tree removal activities are exempt from the standards of this section:
a. Removing trees that are dead or dying based on an inspection by an arborist;
b. Removing of trees that are determined by the City Engineer to be an
immediate nuisance or threat to an existing structure, underground utility or to
the public health, safety, or welfare;
c. Removal by the City or its authorized agent of trees on City or publicly-owned
land or in public rights-of-way in accordance with this Chapter to complete
street improvement projects.
Chapter 915 General Development Requirements
Page 915-24
K. Plant Installation and Survival Guarantee
1. Prior to receiving a Building Permit, the City may require from the applicant a
letter of credit or cash escrow to guarantee that the landscaping plan is installed and
survives for at least one growing season.
2. The security shall be equal to 1.5 times the cost of installing the landscaping, which
will be estimated by a qualified professional.
3. The security shall be in force for at least one growing season subsequent to the
completion of the required landscaping to ensure plant survival.
915.160 Lighting, Exterior
1. Generally
In all districts, any lighting used to illuminate an off-street parking area, sign or other
structure shall be arranged so as to deflect light away from any adjoining residential
property or zone or from the public streets.
2. Fugitive Light
The source of lights shall be hooded or controlled in some manner so as not to light
adjacent property.
Any lighting used to illuminate an off-street parking area, sign or other structure, shall be
arranged as to deflect light away from any adjoining residential zone or from the public
streets.
Bare incandescent light bulbs shall not be permitted in view of adjacent property or
public right-of-way.
Direct or sky-reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding, shall not be directed into any adjoining
property.
3. Automobile Fuel Station Canopies
The lens of lights under canopies such as at automobile fuel stations must be recessed or
flush with the ceiling or fully shielded on their sides.
4. Maximum Allowable Light Levels
Any light or combination of lights which cast light on a public street shall not exceed
one-foot candle (meter reading) as measured from the centerline of the street. Any light
or combination of lights which cast light on residential property shall not exceed 0.4 foot-
candles (meter reading) as measured from the property.
Chapter 915 General Development Requirements
Page 915-25
915.160 Loading, Off-Street
A. Off-Street Loading Facilities
1. Loading Zones
The off-street loading requirement for commercial or industrial buildings may be
satisfied by designating a loading zone area. This loading zone area shall be separate
from any required off-street parking area and shall not conflict with automobile
circulation.
2. Loading Docks, Berths and Facilities
a. Loading docks and doors shall comply with the screening requirements
of Chapter 915, General Development Requirements, Landscaping and
Screening.
b. A loading facility includes the dock, the berth for the vehicle,
maneuvering areas and screening walls.
c. Location:
1. All loading berth curb cuts shall be located at least 60 feet from the
intersection of two street rights-of-way.
2. No loading berth shall be located less than 100 feet from any parcel that
is zoned residential and used or subdivided for residential use, or has an
occupied institutional building, including but not limited to schools,
religious institutions or community centers, unless the loading berth is
entirely within a building.
3. Loading facilities shall not occupy the required front yard.
d. Each loading berth location shall permit vehicular access to a street in a
manner that will least interfere with traffic.
e. All loading facilities and access ways shall be paved with asphalt or
concrete except.
f. Where noise from loading or unloading activity is audible in a
residential district, the activity shall end between the hours of 7:00 p.m. and
7:00 a.m.
3. Accessory Use
No loading berth or access drive shall be used for the storage of goods or inoperable vehicles.
It may not be included as a part of the space necessary to meet the off-street parking
requirements.
Chapter 915 General Development Requirements
Page 915-26
915.170 Parking, Off-Street
A. Exterior Storage of Vehicles in Residential Areas
Refer also to the section of this Chapter titled “Exterior Storage and Parking – Residential.”
B. Requirements for Building Permits and Certificates of Occupancy
Any new or enlarged building, or a change in the use of a building, shall be required to serve those
improvements or changes with parking, loading or bicycle parking as required in this Chapter.
C. Minimum Number of Off-Street Parking Spaces Required
1. Off-street parking space requirements are established in Table 915-3.
2. For uses not listed, the off-street parking requirements shall be established by the Community
Development Department based on similar uses and/or authoritative sources accepted by the
Department.
3. Applicants may present evidence showing that a lower parking ratio would be sufficient for
their needs. Such evidence may be used by the Community Development Director when
reviewing the site plan.
4. Parking areas shall conform to the requirements of Minnesota State Accessibility Code,
Chapter 1341.0502, in terms of the location and design of spaces for physically-handicapped
drivers. The number of spaces required for the handicapped is shown in sub-section (E).
5. An applicant for Site Plan approval may present parking counts from other locations of a very
similar facility that have generated less or more parking demand than listed in the following
table. The Community Development Department will consider that evidence in its review.
6. For structures containing multiple uses, parking shall be calculated separately for each use.
Credit for shared parking is provided in this Section.
7. Required parking spaces shall be located on the same lot as the principal use, unless shared
parking or off-site parking is approved for the use.
8. One parking space shall be required for each commercial vehicle owned by and used in the
operation of the land use if that vehicle(s) is kept on the property.
Chapter 915 General Development Requirements
Page 915-27
Table 915-2: Minimum Number of Off-Street Parking Spaces Required
Use Minimum Standard
Residential Land Uses
1-, 2- and 3-unit buildings 2 off-street spaces per unit, counting the space in
the driveway
Townhouse A minimum of 2 off-street spaces per dwelling unit
for residents' use counting the private driveway plus
a minimum of 1 shared space per 3 dwelling units for
visitors' use.
Apartment 1.5 spaces per dwelling unit plus at least 1 shared
space per 3 dwelling units for visitors’ use.
Accessory Dwelling 1 per unit
Manufactured Home Park 2 per unit
Senior Housing Total spaces for residents, staff and visitors:
Independent: 1 per unit
Assisted or memory: 0.4 per bed
At least 35 percent of the spaces must be provided
in a surface lot so that they can be shared among
visitors and staff.
Day care, in-home, children or adults, not
overnight
The standard parking requirement for the housing
type
Residential (overnight) care facility or group
home
1 space for each non-resident service provider at the
peak time; plus 1 space per 6 residents or fraction
thereof. Council may require additional parking
based if CUP application warrants. Spaces in the
garage and driveway may be counted toward the
total.
Commercial Land Uses
Animal hospitals and veterinarians 2 3 spaces per 1,000 square feet
Bank 2 3 spaces per 1,000 square feet
Bar or Tavern 1 space per 4 3 seats
Coffee Shop 4 6 spaces per 1,000 square feet
Convenience food store with gasoline pumps 1 per 500 square feet plus spaces at fuel pump
islands
Day care center for children or adults, not in a
home
1.5 spaces for each 10 participants plus one space
per caregiver on the maximum shift
Fitness Center 3 4 spaces per 1,000 square feet
Funeral Home Spaces equal to one-third of the capacity in persons
Grocery Stores 3 4 spaces per 1,000 square feet
Large merchandise retail (e.g. appliances) 1 space per each 1,000 500 square feet
Medical or Dental Clinic 3 5 spaces for each doctor or dentist plus 1 per
employee
Prior
standards are
shown in Italic
type for draft
review
purposes.
Chapter 915 General Development Requirements
Page 915-28
Use Minimum Standard
Motel or Hotel 1 space per each guest room plus 1 space per
employee on the maximum shift; plus 75 percent of
the normal space required for any accessory uses
such as restaurant, banquet space, meeting rooms.
Motor Vehicle Service 4 spaces per each service bay.
Nursing Home/Assisted Living Facility 1 space per 4 beds at designed capacity
Offices 3 4 spaces per 1,000 square feet
Theater, Auditorium, Assembly Halls 1 space per each 4 seats.
Restaurant 1 space for every 3 seats
Retail or Service Business, General 3 4 spaces per 1,000 square feet
Shopping Center 1 space per 300 square feet
Grocery stores, theaters, restaurants and food
service shall be calculated separately.
Vehicle sales, new or used autos. light trucks,
motorcycles, boats or all-terrain vehicles
Employees: 1 per employee on the maximum shift
Customers: 1 per 1,000 square feet of building
Industrial Land Uses
Manufacturing, fabrication, or processing 1 space per employee on the maximum shift or 1
space per 2,000 1,000 square feet, whichever is
larger
Warehouse 1 space per each 3,000 2,000 square feet.
Wholesale Sales, Business Customers only 1 space over 2,000 1,000 square feet for non-
showroom area and 1 additional space for each
1,000 500 square feet of showroom area
Public and Semi-Public Land Uses
Community Center Parking requirement shall be based upon uses
within the building
Libraries or Museums 1 space per 300 square feet
Places of public assembly or religious
institutions
1 space per each 4 seats at maximum capacity of
assembly hall.
A single seat on a bench is equal to 28 inches
School, elementary or junior high 2 spaces per each classroom or 1 space for each 5
seats in the primary assembly area, whichever is
greater
School, high school or post-secondary 1 space per each 4 students based on building
capacity, plus one space for each two classrooms.
Other Land Uses
Land uses not listed in this table Parking requirements for uses not listed above will
be determined by the Community Development
Department based on similar uses and/or
authoritative sources accepted by the Department.
Chapter 915 General Development Requirements
Page 915-29
D. Reductions to Minimum Requirements
1. Reductions
The off-street parking reductions described in this section may be used jointly or separately
except as indicated otherwise.
2. Modification Request
An applicant may request a modification of the minimum required number of parking spaces
by submitting a study of anticipated parking demand. Parking studies shall be prepared by a
professional with expertise in traffic and parking analysis.
3. Number of Parking Spaces Required for the Handicapped
Total Parking
Spaces
Accessible Parking
Spaces Required
“Van-Accessible”
Spaces Required
1 to 25 1 1
26 to 50 2 1
51 to 75 3 1
76 to 100 4 1
101 to 150 5 1
151 to 200 6 1
201 to 300 7 2
301 to 400 8 2
401 to 500 9 2
501 to 1000 2% of total 1 in every 6
accessible spaces
Over 1000 20 plus 1 for every
100 over 1000
1 in every 6
accessible spaces
4. Design of Parking Spaces for the Handicapped
a. Each designated space must be 8 feet wide with an adjacent 8 feet wide access
aisle;
b. Each 8-foot access aisle must be identified as “no parking” either by sign or on
the surface of the access aisle;
c. One in six accessible spaces must be van accessible, i.e., it must have 98 inches of
vertical clearance;
d. All designated spaces must be on an accessible route located as near as possible
to an accessible entrance; and
e. Each space is required to have a sign with the international symbol of
accessibility, indicating that a permit is required and notification of the maximum
fine for violation under state law.
E. Shared Parking
1. Shared off-street parking is allowed to provide parking for more than one land use subject to
the conditions established in this section.
2. The uses must have their highest peak demand for parking at substantially different times of
Chapter 915 General Development Requirements
Page 915-30
the day or week, or an adequate amount of parking shall be available for all uses during
shared hours of peak demand. A parking plan shall address the hours, size and mode of
operation of the respective uses.
3. The minimum spaces required under a shared parking plan shall be based on the following:
a. For those uses parking at substantially different times of the day or week, the
number of spaces required for the uses that require the most parking; and
b. For those uses parking at the same hours of peak demand, the minimum shall be 1.5
times the number of spaces required by the use(s) that require the most parking.
4. Shared parking facilities shall be protected by a covenant running with the land and recorded
with the County in a form approved by the City Attorney. Such a covenant shall not be
revoked without consent of the City. A certified copy of the recorded document shall be
provided to the Community Development Department prior to the use of the shared parking
arrangement.
F. Off-Site Parking
Off-site parking may be allowed under the Site Plan Review process. The Community Development
Department may require the applicant to present proof of ownership of the off-site property, a long-
term lease or similar arrangement.
G. Parking Area Use
Required parking spaces and the circulation aisles providing access to them shall not be used for the
following:
1. Storage of any kind, including of unlicensed or inoperable motor vehicles, boats, recreational
vehicles and the like;
2. Display, sales, rental, or repair of motor vehicles;
3. Permanent display of goods for sale; temporary or seasonal display and sale of goods may be
allowed pursuant to Sub-Chapter 12, Temporary Uses and Structures.
4. Loading and unloading of vehicles.
H. Design Requirements
1. Site Plan
All applications for Site Plan Review shall depict, at a measurable scale, the location and
arrangement of vehicle parking, curb cuts, driveways and walkways. Refer also to Section
917.060, Site Plan Review, in the Application Review Procedures chapter of this Code.
2. Access and Location
Parking areas shall have access to a public street. Driveways shall be located to minimize
interference with traffic movement. (See Section 915.060 Driveways and Private Internal
Access Roads in this Chapter)
3. Parking Dimensions, Minimum
Stall Angle
(degrees)
Stall
Width
Stall
Length
Aisle
Width
Traffic
Flow
Chapter 915 General Development Requirements
Page 915-31
45 9 22 14 One way
60 9 21 16 One way
75 9 21 18 One way
90 9 18 24 Two way
90 compact 8 16 24 Two way
Parallel 23 8 22
4. Parking for Handicapped Persons
The size and location of stalls reserved for parking for Handicapped persons shall be as
required by applicable State regulations and as summarized in sub-section (E), above. These
spaces are included in the computation for the minimum parking space requirement.
5. Turn-arounds
a. All parking areas except those serving one- and two-unit residential buildings,
townhouses and four-unit residential buildings on local streets shall be designed
so that vehicles do not have to back into the public street.
b. Parking areas for one- and two-unit residential buildings, townhouses and four-
unit residential buildings with driveway access onto County roads shall be
designed so that vehicles do not have to back into the street.
c. Turn-around stubs. Maximum width: 10 feet. Side-yard setback minimum: 3.
6. Surfacing
Off-street parking, loading and circulation areas, except for industrial uses in the I-2 zone,
shall be paved with concrete, plant-mixed asphalt or paving blocks having the same or greater
durability as concrete or plant-mixed asphalt.
7. Walkways
Parking areas for 100 or more vehicles shall have designated walkways from the public
sidewalk, if any, to the main building entrance(s).
8. Drainage
All parking or paved areas shall be drained according to the requirements of Chapter 915,
General Development Requirements.
9. Lighting
Required parking areas for six or more vehicles shall provide an average horizontal
illumination between 0.4 and 1.0 foot-candle. The average horizontal illumination in all
parking ramps shall be 1.0 foot-candle. Any illumination, whether affixed to a building or
otherwise, within a lot in any residential district, shall be designed to not beam beyond the
site on which it is located. Curb is not required for one- and two-family dwellings.
10. Curb and Gutter
For any development except one- and two-unit residential buildings, townhouses and four-
unit residential buildings, a MnDOT B-6-12, poured-in-place concrete curb and gutter shall
be provided around the periphery of all parking lots and internal access or circulation drives
Chapter 915 General Development Requirements
Page 915-32
except where the City Engineer determines that a raised curb would conflict with the surface
water management plan for the site. Alternative parking lot edge designs that assist on-site
infiltration of surface water may be allowed by the City Engineer.
I. Surface Water Control and Curbing
For any development except one- and two-unit residential buildings, townhouses and four-unit
residential buildings, the entire perimeter of any parking or loading area shall have concrete
curbing, as required above in sub-section (J)(10). Islands and peninsulas in such parking areas or
loading areas shall also have concrete curb. Flexibility in island and peninsula design may be
permitted as part of an overall drainage plan as approved by the City Engineer.
Parking and loading areas shall be graded and drained in conformance with the approved surface
water management plan.
J. Bicycle Parking
Bicycle parking is required in order to encourage utilitarian riding.
1. Secure bicycle locking hardware shall be provided near the building entrance but where it will
no cause conflicts with pedestrians;
2. This requirement applies to retail buildings larger than 10,000 square feet, office or industrial
buildings larger than 20,000 square feet, convenience stores, and convenience food restaurants.
915.180 Porches, Decks, Patios and Balconies
A. Features Less than 3 Feet Tall
An uncovered porch, deck or patio not exceeding 1 foot in height is considered landscaping and
is not subject to setback requirements.
B. Front Porches: A covered front porch or a covered front stoop, with a lateral enclosure of not
more than a balustrade, may encroach into the front yard by up to 6 feet. Porches shall not be
allowed to become enclosed by walls.
C. Decks and balconies more than 1 foot above grade shall not extend over minimum side or rear
setback lines. However, encroachments into the front and rear yards setbacks are permitted as
follows:
1. Front yard setback: An encroachment is permitted into the front yard setback equal to 10
percent of the minimum front setback required for the underlying zoning district.
2. Rear yard setback minimum: 30 feet.
915.190 Relocating Houses or Other Structures
A. The dwelling in its proposed location must be judged to be compatible with other adjacent
dwellings in terms of height and size.
B. The architectural features of the dwelling and any accessory structures must be judged to be
compatible with the architectural style and features of adjacent and nearby buildings.
C. Such features as porches, dormers, pillars and columns, window style, entrance location, and roof
pitch and style shall be considered when determining the appropriateness of the dwelling and any
accessory structure. This subsection is not intended to apply strict architectural standards; rather,
Chapter 915 General Development Requirements
Page 915-33
that the dwelling being moved or relocated must be compatible with the neighborhood as
interpreted by the Planning Director.
D. Garages and other accessory structures, whether attached or detached, shall be located in a
manner similar to those on adjacent and nearby properties.
E. A site plan with a lot survey shall be submitted showing the final grading elevations for the
proposed parcel. The on-site grading improvements and utility service extensions shall be
completed prior to placing the building on the lot.
F. A Structure Moving Permit must first be acquired from the City.
G. The structure to be moved must be either a Permitted or a Conditional Use in the relevant zoning
district. If a Conditional Use Permit is required, the appropriate application must be made to the
City.
H. All required improvements and Building Code requirements shall be met before an occupancy
permit is granted.
915.200 Utilities, Private
A. Lines
All private utilities serving new development, including lines for electricity, natural gas,
telephone and cable television, shall be located underground except for high-voltage electrical
lines.
B. Sewage Systems, On-Site
The standards as found in Minnesota Pollution Control Agency's Standards for Sewage
Treatment (WPC-40) Minn. Rules Ch. 7080, Individual Sewage Treatment Systems Standards,
are hereby adopted by reference.
Page 916-1
CHAPTER 916 SIGNS
916.010 Purpose
This section is established to protect and promote health, safety, general welfare and order within
the City of Little Canada through the establishment of a comprehensive and impartial set of
standards, regulations and procedures governing the type, numbers, size, structure, location, height,
lighting, erection, use and/or display of devices, signs or symbols serving as a visual
communication media to persons situated within or upon public rights-of-way or properties.
The provisions of this subdivision are intended to encourage opportunity for effective, orderly
communication by reducing confusion and hazards resulting from unnecessary and/or
indiscriminate use of communication facilities, as well as to provide adequate opportunity for
travelers to find their way through the community, and to specific points within the community.
Such hazards result in unsafe traffic conditions, including threats to vehicular and pedestrian
travelers. The regulations herein have been narrowly tailored to meet these purposes.
916.020 Permitted and Prohibited Signs
For each type of commercial message permitted by the regulations in Chapter 916, a non-
commercial message may substitute which complies with all of the size, location, and other
applicable performance standards of the Chapter.
1. Permitted Signs.
The following signs are allowed without a permit, license, or fee, but shall comply with all
other applicable provisions of this Chapter:
a. Public Signs.
b. Identification Signs. There may be one per premise, not to exceed two (2) square feet in
area. If the sign is freestanding, the total height may not exceed five (5) feet.
c. Integral Signs.
d. Political Campaign Signs. Such signs shall not exceed eight (8) square feet in all
Residential Districts, or 16 square feet in all other zoning districts. During the period 46
days before the state primary in a state general election year to 10 days following such
general election, non-commercial signs of any size may be posted in any number, in
accordance with Minn. Statute.
e. Temporary Displays, including Holiday displays. A noncommercial display as defined by
this Chapter may exceed the sign area maximums specified by this Chapter for the district
within which the display is located. Such displays shall not be considered signs for the
purposes of this Chapter. Said displays shall not, however, exceed size limitations for
window signs as allowed by this Chapter. Displays shall be displayed no longer than 45
days. Displays shall not contain any advertising or business identification. Unless
approved by the City Council, displays shall be located on private property and shall be
setback no less than 5 feet from any property line
f. Construction Signs. Such signs shall be confined to the site of the construction, alteration,
or repair, and shall be removed within 2 years of the date of issuance of the first building
permit or when the particular project is completed, whichever is sooner, as determined by
the City Building Official or his agent. One sign shall be permitted for each major street
the project abuts. No sign may exceed 64 square feet.
g. Real Estate Sale or Rental Signs. The City finds that the sale or rental of real estate
requires additional signage allowance due to the unique and specific geographic location
Chapter 916: Signs
Page 916-2
aspects of real property. As such, additional signage shall be permitted for the sale or
rental of real estate, as follows:
(1) On-site Signs. Signs must be removed within 7 days after sale or rental of property.
Signs may not measure more than 6 square feet in residential districts. Signs for all
non-residential zoning districts shall not exceed a ratio of one square foot of sign
area for each thousand (1,000) square feet of lot area up to a maximum of 64
square feet. There shall be only one sign per premise. Corner properties, however,
may contain two (2) signs, one per frontage.
(2) Off-site Signs. Signs shall be displayed no more than 24 hours prior to and/or after
the hours in which a real estate agent is available at the subject property. In the case
of a house for sale by owner, signs shall be allowed 24 hours prior to and/or after a
scheduled open house. Such signs shall not be located within the public right-of-
way and permission must be obtained from the property owner where said sign will
be located.
(3) Real estate signs shall not be lighted in Residential zoning districts.
h. Directional/Information Signs.
On-Premise Signs. Shall not be larger than 4 square feet unless approved by the City
Council. The number of said signs shall not exceed 4 unless approved by the City
Council.
2. Prohibited Signs. The following signs are specifically prohibited by this Chapter.
a. Any sign which obstructs the vision of drivers or pedestrians, or detracts from the
visibility of any official control device.
b. Any sign which contains or initiates an official traffic sign or signal, except for private,
on-premise directional signs.
c. Any sign which moves or rotates. Exempted are time and temperature information and
barber poles.
d. Any sign which contains or consists of banners, pennants, ribbons, streamers, strings of
light bulbs, spinners, or similar devices (except as allowed in Section 916.030C.5.a of
this Chapter.
e. Portable signs (except in Section 916.030C.5.a of this Chapter)
f. Signs which are attached in any manner to trees, fences, utility poles, vehicles which are
parked or stored in a location so as to constitute an advertising display for more than 24
hours, or any other such display, except for those signs found on fences (inside) of
baseball parks.
g. No sign shall display any moving parts, nor shall it be illuminated with any flashing or
intermittent lights, nor shall it be animated. Exempted are time and temperature
information and barber poles. All displays shall be shielded to prevent any light to be
directed at oncoming traffic in such brilliance as to impair the vision of any driver. No
device shall be illuminated in such a manner as to interfere with or obscure an official
traffic sign or signal.
h. Roof signs erected after the effective date of this Chapter.
i. Any temporary off-premise sign, except as expressly allowed by this Chapter.
Chapter 916: Signs
Page 916-3
916.030 General Provisions
1. All signs shall comply with maintenance sections of the Minnesota State Building Code as
may be amended.
2. When electrical signs are installed, the installation shall be subject to the State Building Code
as may be amended.
3. Regulations for Dynamic Signs. Based on studies related to the use of dynamic sign displays
and driver distraction, the City finds that dynamic signs, as defined by the zoning Chapter, have
a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the
City has adopted special regulations that relate to such signs. These regulations shall apply to
all proposed dynamic signage in the City, whether new or existing, conforming or non-
conforming at the time of adoption of this Chapter.
a. No dynamic sign shall have lettering smaller than the Letter Height listed in Table 916-1
b. Dynamic signs shall have messages that change instantaneously, and do not fade, dissolve,
blink, or appear to simulate motion in any way. Such signs may change by turning off for a
period of at least 10 minutes between displays.
c. Dynamic signs shall not be permitted in any Residential zoning district.
d. No dynamic display shall change more often than the Duration of Display shown in Figure
916-4, except time and temperature displays which may change once every three seconds.
Table 916-1
Dynamic Sign Regulations
I-694, I-35, TH 36 Other Roadways
Letter Height Ten (10) inches Six (6) inches
Duration of Display Ten (10) minutes Ten (10) seconds
e. Dynamic signs shall be no brighter than other illuminated signs in the same district.
f. Dynamic displays shall be designed to freeze the display in the event of malfunction, and
the owner shall discontinue the display immediately upon malfunction, or upon notice from
the City that the display violates the City’s regulations.
g. Where access to the Minnesota Amber Alert technology is available, all applicants for
freestanding sign licenses employing electronic dynamic sign technology shall display such
messages as they are made available by the Minnesota Department of Public Safety or
other responsible agency. License applicants shall be required to submit information from
the State of Minnesota documenting the availability, or non-availability, of such access as
part of their license application.
h. Applicants for a dynamic display shall obtain a specific license for such display from the
City of Little Canada, and shall sign a form agreeing to operation of the sign in
conformance with these regulations. Violation of these regulations shall result in forfeiture
of the license, and the City shall be authorized to arrange disconnection of electrical service
to the facility.
4. No signs other than governmental signs shall be erected or temporarily placed within any street
right-of-way or upon any public lands or easements or rights-of-way.
Chapter 916: Signs
Page 916-4
5. Temporary Use of Portable Signs
a. Temporary use of portable signs, banners, pennants, window signs in excess of that
established below, and similar devices shall require a permit pursuant to Section 916.060
of this Chapter. In no case shall permits exceed 4 in a calendar year, or a total of 120 days
in a calendar year, with no more than 60 days of that allocation to be used for non-banner
temporary signage per business and/or tenant. If spotlights are used in conjunction with
temporary signs, such lights shall not be operated during more than 5 days in conjunction
with any single permit and shall be placed in such a banner as to not constitute a traffic
hazard. Said signs shall be at least 5 feet from the property line. Temporary signs shall be
removed from display immediately upon lapse of permit.
(1) In the case of single-tenant buildings, a permit shall not be issued for more than 30
days nor shall a permit be issued within 30 days from the termination date of a
prior permit.
(2) In the case of multi-tenant properties, a permit shall not be issued for more than 30
days. Further, no more than two temporary sign permits may be issued at the same
time. In the case of two or three tenant buildings, no more than one temporary sign
permit may be issued at any given time. It is hereby noted that sign permits for
multi-tenant buildings may not be reallocated from one tenant to another to
increase the allowable number of signs in any calendar year.
(3) On property zoned P, Public, temporary signs may be allowed by Administrative
Permit.
(4) Temporary sign permits shall be valid for no more than one sign per permit, and no
more than one permit per sign period.
b. Except as expressly allowed in Section 916.030C.5.a. of this Chapter, no temporary sign
shall exceed 32 square feet in area nor 6 feet in height, as measured from the ground over
which the sign is displayed to the top of the sign, with exception that banners may be
mounted up to, but no higher than, the peak of the roof. Banners may be up to 36 square
feet in size.
Banners are only allowed to advertise a specific promotional event with a defined time
period as evidenced on the permit application. Banners may not be used solely for general
advertising of a business name or product.
Banners and pennants shall be maintained in an aesthetically pleasing manner and shall be
free of tears, fraying, or fading when viewed from the public right-of-way.
Banners must be affixed to the building or mounted between the poles of an existing,
double-post pylon sign securely affixed by all four corners.
In the case of pennants, they must also be affixed to the building or a pylon sign and
secured by both ends.
The City will remove banners and pennants that are not maintained in an appropriate
manner. Banners and pennants may not encroach into the public right-of-way.
c. A lighter than air balloon, blow up sign, no more than 35 feet in diameter, may be used as a
temporary sign no more than one time a year for no more than 5 consecutive days, except
in the case of a “Grand Opening” as provided for in Section 916.030C.5.a of this Chapter.
Chapter 916: Signs
Page 916-5
d. Each application for a temporary sign shall be accompanied by a fee, set by resolution of
the City Council, which shall cover the administrative expenses of the permit. In addition,
each application shall be accompanied by a deposit, set by resolution of the City Council,
which shall be returned to the applicant upon request, and only in the event that the
temporary sign has been removed by the date of the expiration of the permit. In the event
that the sign is not removed by the permit expiration date, the City shall not refund the
deposit. The City may apply other enforcement remedies as well.
e. New businesses in the C, PUD or I Districts shall be allowed additional temporary sign
permits during the first six months of the opening of a new business. These “new business
temporary signs” can include signs consisting of a combination of portable signs, banners,
pennants, and lighter than air balloons as allowed in 916.030C.5.c. of this Chapter. Only
one of said signs may be a portable sign as defined as temporary under Section 916.030C.5
of this Chapter. Display of said signs shall not exceed a period of 30 days.
6. No sign or sign structure shall protrude over public right-of-way, except wall signs (maximum
protrusion – 18 inches). All signs located over public right-of-way or over any public or private
access route (sidewalks, etc.) shall be located a minimum of 10 feet above surface grade.
7. Advertising signs may not be illuminated between the hours of midnight and 6:00 a.m.
8. All height restrictions on signs shall include height of sign structure and be measured from lot
grade.
9. Any sign now or hereafter existing which no longer advertises or identifies a bona fide business
conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or
person having the beneficial use and/or control of the building or structure upon which the sign
may be found within ten (10) days after written notice from the Zoning Administrator.
10. Window Signs (Commercial and Industrial Districts Only)
a. Window signs shall be permitted in addition to other permitted signage, provided that such
signage covers no more than 20 percent of the window area for any business entity.
b. Window signs with areas in excess of that permitted and provided for herein are prohibited
subject to the provisions of Section 916.030C.5 of this Chapter relating to temporary
signs.
11. Temporary Outdoor Sales Events as provided for in Little Canada Municipal Code Chapter
819. Permits for allowable signage shall be subject to the same fees as provided for in Section
916.030.C.5.d. of this Chapter. Signage shall be regulated in accordance with the Temporary
Sign size, location, duration, and other regulations in this Section.
916.040 Non-Conforming Signs
1. The following are non-conforming signs:
a. Prohibited signs.
b. All other signs not prohibited that do not conform to the provisions of this Chapter.
c. Billboards and advertising signs.
2. Any sign identifying a business no longer in existence shall be brought into conformance within
30 days.
3. All non-conforming and prohibited signs created by this Chapter shall be removed or brought
into conformity with this Chapter within the following time period.
a. Any sign in violation of prohibited signs: One year.
Chapter 916: Signs
Page 916-6
b. All other non-conforming signs: Five years from the date of the enactment of this
Chapter.
4. A non-conforming sign may not be:
a. Changed to another non-conforming sign.
b. Structurally altered except to bring into compliance with the provisions of this Chapter.
c. Expanded.
d. Re-established after its removal for 30 days.
e. Re-established after damage of more than 50 percent of sign replacement cost except to
bring into compliance.
5. Non-Conforming Sign Maintenance and Repair. Nothing in this section shall be construed as
relieving the owner or user of a legal non-conforming sign or owner of the property on which
the legal non-conforming sign is located from the provisions of this section regarding safety,
maintenance, and repair of signs contained in Section 916.030 of this Chapter. Provided,
however, that any repainting, cleaning, and other normal maintenance or repair of the sign or
sign structure shall not modify the sign structure or copy in any way which makes it more non-
conforming or the sign shall lose its legal non-conforming status.
6. All properties or businesses, containing nonconforming signage, wishing to conduct site
improvements of any kind, shall bring all signage into conformance with City standards when
said improvements are valued at more than 50 percent of fair market value of the existing site
including structures on said site. This value shall be determined by the City Assessor.
916.050 District Regulations
The following sections concern signs which require application and permit. Subject to other
regulations in specific districts, no sign shall be located closer than 5 feet to any property line.
1. R-1 and R-2 Residential Districts:
a. Institutional or area identification signs, provided that the gross square footage of sign area
does not exceed 24 square feet in the R-1 and R-2 Districts.
b. Freestanding signs (monument type only allowed) shall not exceed a height of 8 feet.
c. Residential Project Monument Signs.
(1) On Private Property.
Within residential projects, a residential project monument sign may be located on
an outlot which is owned and maintained by the owners of the residential units in
the project. The sign and the outlot shall be located and be of appropriate size to
protect the sign from vehicular traffic, avoid conflicts with traffic visibility or
movement, and avoid conflicts with street maintenance operations. The City may
adopt a standard minimum design for such signs, subject to additional requirements
based on the proposed location. The City Council may approve such outlots, and
may impose any conditions necessary to promote the public health, safety, and
welfare of the community.
Chapter 916: Signs
Page 916-7
(2) Within Public Right-of-way.
Notwithstanding other provisions of this Chapter relating to use of the public right-
of-way, residential project monument signs may be located with the public right-of-
way under a specific license issued by the City Council, subject to other provisions
of this Section and the following:
(1) The license provides for ongoing maintenance by the licensee.
(2) The license may be revoked, and the sign removed at the expense of the
licensee, if the City Council finds that the sign has become a nuisance or a
danger to the public health, safety, or welfare of the community.
(3) Any such sign shall be located on a raised, curbed island to protect the sign
from traffic and street maintenance operations.
(4) The City Council determines that the sign does not constitute a hazard to
traffic.
2. R-3, High Density Residential District and R-4, Manufactured Home District:
a. No more than one sign may be erected on the subject property, except that in the case of
multiple family residential complexes with more than one building, one sign may be
erected per public street frontage.
b. For each property, the first sign allowed under this subsection shall be no greater than 35
square feet in area, and no greater than six feet in height.
c. For complexes that are permitted to have a second sign under Section 916.110.E of this
Chapter, the second sign may be no greater than 16 square feet in area and six square feet
in height.
3. R-C, Residential Commercial District:
a. Business Signs. Only one sign shall be erected on the subject property.
(1) Freestanding or Wall Sign. Not more than 18 square feet in total area, nor higher
than six feet.
4. I-1 and I-2 Districts, and P Public District:
a. Except for corner lots as described in this section, the maximum number of signs on any
principal building shall be two and, in all cases, the total sign area shall be calculated as 15
percent of the gross silhouette area of the front of the building. Where the principal
building is on a corner or through lot and thus faces two public streets, both sides may be
counted.
If, however, the building has only one frontage and the owner elects to erect two signs, the
total square footage of both signs may not exceed the maximum allowable square footage
determined from the front building silhouette.
For purposes of determining the gross area of the silhouette of the principal building, the
silhouette shall be defined as that area within an outline drawing of the principal building
as viewed from the front lot line or from the related public street(s). In addition to wall
signs, freestanding signs may be utilized, or a combination of both.
In the Business and Public zoning districts, each building shall be allowed one wall sign
and one freestanding sign, except that corner lots may utilize one wall sign per street
frontage plus one freestanding sign. For all buildings in all other zoning districts, no more
than one pylon sign or combination of two signs be displayed.
Chapter 916: Signs
Page 916-8
The City may determine that commercial buildings that front on both public and private
streets may qualify as corner lots for the purposes of this Section.
b. Comprehensive Sign Plan.
In the case of a shopping center or where there are two or more business uses located
within one structure or on one property, the approval of a Comprehensive Sign Plan shall
be required for the entire complex in accordance with an overall site plan indicating the
size, location and height of all signs.
The Comprehensive Sign Plan shall be an administrative permit, provided the plan meets
all size, location, and other standards of this Section and any applicable Architectural
Guidelines applicable to the district in which the sign would be located.
A maximum of 15 percent of the building silhouette shall apply to the principal building
where the aggregate allowable sign area is distributed among the several businesses.
In the case of applying this Comprehensive Sign Plan to a complex of more than one
building, the complex may have two freestanding signs identifying the complex in
accordance with the following:
(1) Only one sign per street frontage. Lot shall have at least 500 feet of total street
frontage to be allowed two signs.
(2) Identification signs may be located no closer than five feet to any street right-of-
way.
(3) Where more than one shopping center identification sign is to be located on such
property, no such sign shall be located less than 40 feet from point of intersection
of property lines. For purposes of determining the gross area of the silhouette of
the principal building, the silhouette shall be defined as that area within an outline
drawing of the principal building as viewed from the front lot line or from the
related public street(s).
c. Freestanding Signs. All freestanding signs shall conform to the following provisions:
(1) Location. No freestanding signs shall be located within five feet of the property
line.
(2) Parking Areas, Driveways. No part of any freestanding sign shall be located so as
to take up required parking space.
(3) Table of Permitted Freestanding Sign Areas and Heights. (See Table 916-2)
Table 916-2
Building Gross Maximum Sign Maximum
Floor Area Area Square Sign
Square Feet Feet Ht. Ft.
Up to 2,200 66 16
2,201 to 2,400 72 16
2,401 to 2,600 78 16
2,601 to 2,800 84 16
2,801 to 3,000 90 16
3,001 to 3,200 96 16
3,201 to 3,400 104 16
3,401 to 3,600 110 16
Chapter 916: Signs
Page 916-9
3,601 to 4,000 115 16
4,001 to 4,400 120 16
4,401 to 5,000 125 18
5,001 to 5,600 130 18
5,601 to 6,500 135 18
6,501 to 7,500 140 18
7,501 to 9,200 145 20
9,201 to 11,600 150 20
11,601 to 14,400 155 20
14,401 to 16,200 160 20
16,201 to 17,600 165 22
17,601 to 18,800 170 22
18,801 to 19,800 175 24
19,801 to 20,600 180 24
20,601 to 22,000 185 25
22,001 to 23,000 190 25
23,001 to 24,000 195 25
Above 24,000 200 25
(4) The maximum sign height may be increased by one foot for each three feet of
setback in addition to that prescribed in Section 916.050.4.c.3 of this Chapter, to a
maximum of five additional feet in height.
(5) Actual sign height is determined from lot grade or averaged with the grade of the
road from which the sign gains its principal exposure.
(6) On parcels which have a common property line with the right-of- way of limited
access freeways, the maximum sign height shall be allowed to be 30 feet regardless
of the building size. Sign area shall be as allowed by the table Section
916.050.E.5.c.4 of this Chapter.
d. Roof Signs. Roof signs established prior to the effective date of this Chapter shall be
considered conforming signs in these districts if they comply with the following
provisions:
(1) The City Building Official conducts an inspection of the sign and finds it and any
sign structure to be in good condition and not to be endangering the public health,
safety, and general welfare.
(2) All signs on the subject site meet the general provisions, restrictions and
performance standards of this Chapter.
(3) For the purposes of this Chapter, roof signs shall be considered freestanding signs,
and shall be evaluated against the performance standards for such signs.
e. Shopping center complex lots which contain freestanding businesses. In the case of a lot
or lots containing a shopping center complex which contains freestanding businesses, one
freestanding sign is allowed per freestanding business provided that such sign is in
conformance with all sign and setback provisions of this Chapter.
Chapter 916: Signs
Page 916-10
6. PUD District:
Within a PUD District, a comprehensive sign plan shall be required which designates the
number, type, size, and design of all signs proposed for the PUD project. The aggregate signage
allowed by the PUD sign plan shall be the amount of signage which would be allowed under
916.050 of this Chapter, based on the proposed uses within the PUD and the zoning districts in
which each use would be allowed, except as follows:
a. Each principal building within a PUD shall be allowed one freestanding sign. Multiple
tenant buildings shall be allowed a maximum of two freestanding signs. Freestanding
signs shall be subject to the regulations of Section 916.050.4.c of this Chapter.
b. Comprehensive Sign Plans in the PUD District shall be processed as a part of the PUD
Development Stage application. In the alternative, an applicant in the PUD District may
request a separate Conditional Use Permit for a Comprehensive Sign Plan at a later time,
but prior to the display of any permanent business signage on the property.
916.060 Fees, Licenses and Permits
1. Fees.
a. Payment Fees.
The license or permit fee and other charges set forth in this Chapter shall be collected by
the City before the issuance of any license or permit and the City Clerk, Building Official,
or other persons duly authorized to issue such license or permit for which the payment of a
fee is required under the provisions of this Chapter may not issue a license or permit until
such fee has been paid.
b. Double Fees.
If a person begins work of any kind for which a license or permit from the City is required,
without having secured the necessary license therefore, either previous to or on the date of
commencement of such work, he shall, when subsequently securing such license or
permit, pay double the fee provided for such license or permit, or is subject to the penalty
provisions of this Chapter.
c. Permits and Fees Required.
Sign Permit applications and subsequent fees will be required for all signs which do not
appear in Permitted and Prohibited Signs of this Chapter. Fees shall not be required for
repairs of signs and sign structures.
d. Initial Fees.
The City Council shall, from time to time, establish a fee schedule by Ordinance.
e. Special License Fees.
Special license fees shall be assessed for all attention seeking devices as described in
Chapter 916. The fee shall be determined by resolution of the City Council.
f. Temporary Signs.
The license fee for temporary signs shall be set by Ordinance by the City Council. An
applicant may obtain licenses for the display of temporary signs for a calendar year at one
time, if dates of display are specifically identified.
Chapter 916: Signs
Page 916-11
g. Holiday Displays.
No license or fee shall be required for a holiday display.
916.070 Waiver of Requirements as to Location Signs
In the event that a project of the Minnesota Department of Transportation changes the legal status
of an existing sign or necessitates the removal and relocation of signs within the City, the City
Council may waive the prohibitions and the requirements of this Chapter relating to the location of
such signs by granting a variance. The Council may consider all requests simultaneously and may
grant one variance applying to all signs similarly affected or situated.
916.080 Severability
In the event that a court finds any portion of this Section to be invalid for any reason, the remainder
of the Chapter shall stand on its own, continuing in effect and force without reliance on the invalid
portion.
Page 917-1
CHAPTER 917 APPLICATION REVIEW PROCEDURES
917.010 Purpose .......................................................................................................... 917-1
917.020 Summary of Review and Decision-Making Bodies ...................................... 917-1
917.030 Common Review Procedures and Requirements .......................................... 917-4
917.040 Comprehensive Plan Amendment .................................................................. 917-9
917.050 Zoning Map or Text Amendment ................................................................. 917-10
917.060 Site Plan Review and Approval .................................................................... 917-12
917.070 Conditional Use Permit ............................................................................... 917-16
917.080 Variance ....................................................................................................... 917-18
917.090 Planned Unit Development ......................................................................... 917-20
917.100 Temporary or Seasonal Use Permit ............................................................. 917-20
917.110 Administrative Adjustment ......................................................................... 917-23
917.120 Building Permit ............................................................................................ 917-25
917.130 Certificate of Occupancy .............................................................................. 917-25
917.140 Home Occupation Permit ............................................................................ 917-25
917.150 Grading, Drainage and Erosion Control Permit .......................................... 917-27
917.160 Driveway Permit ......................................................................................... 917-27
917.170 Plats ............................................................................................................. 917-28
917.180 Sign Permits ................................................................................................ 917-28
917.190 Other Licenses and Permits .......................................................................... 917-29
917.200 Appeals ......................................................................................................... 917-29
917.010 Purpose
The purpose of this chapter is to identify all decision-making bodies responsible for the review of
applications, the common review requirements for all applications, and the specific requirements
and review procedures for various types of applications.
917.020 Summary of Review and Decision-Making Bodies
A. Summary Table of Review and Decision-Making Bodies
1. Table 917-1 summarizes the general review and decision-making responsibilities of
the City bodies that have roles in the procedures set forth in this chapter. Other
duties and responsibilities of the bodies are presented in subsequent sub-sections or
elsewhere within the Little Canada City Code. The City may require review bodies to
examine specific applications if requested by the Community Development Director,
Planning Commission or City Council.
2. The City may request other boards, commissions or government agencies to review
some applications as judged appropriate prior to any final decision.
Chapter 917 Application Reviews Review and Decision-Making Bodies
Page 917-2
Table 917-1: Summary of the Roles of the Review and Decision-Making Bodies
R: Recommendation (responsible for review and a recommendation)
PH: Hearing (public hearing required)
D: Decision (responsible for the final decision)
A: Appeal
Procedure Development
Review
Committee
Community
Development
Department
Engineering
Department
Building
Official
City
Clerk
Planning
Commission
City
Council
Site Plan
Review *
R D D A
Conditional Use
Permit
R R R R PH - D
Variance R R R R PH - D
Planned-Unit
Development
R R R R PH - D
Comp Plan
Amendment
R R R R PH - D
Map or Text
Amendment
R R R PH - D
Temporary or
Seasonal Use
D A
Administrative
Adjustments
R D D A
Building Permit R D A
Certificate of
Occupancy
R D A
Home
Occupation
D R A
Grading Permit R D D A
Driveway Permit D D A
Sign Permit R-D R
Other Licenses
or Permits
D
* If no variance, conditional use permit, land subdivision or rezoning is involved.
See Chapter 916 for sign regulations and Chapter 1000 for land subdivision regulations.
Review and Decision-Making Bodies Chapter 917 Application Reviews
Page 917-3
B. City Council
In addition to any other authority granted to the City Council by the City Code or state law,
the City Council shall have the following powers and duties related to this ordinance:
1. To enact amendments to the Comprehensive Plan, the text of this ordinance, or the
Zoning Map;
2. To hear and decide applications on planned-unit developments, conditional uses and
variances.
3. To hear and decide appeals of decisions by the City staff.
C. Planning Commission
1. Establishment, Membership, Rules and Procedures
The establishment, membership, rules and procedures for the Planning Commission
are established in Chapter 202 of the City Code.
2. Powers and Duties
In addition to any other authority granted to the Planning Commission by the City
Code, the Planning Commission shall have the following additional powers and duties
related to this ordinance:
a. Provide recommendations to the City Council regarding applications for
conditional use permits, variances, planned-unit developments, Comprehensive
Plan amendments, or amendments to the zoning text or map.
b. To exercise such other powers, and perform such other duties, as are reasonable
or necessary as provided by law.
D. Community Development Department
1. General Authorization
The Community Development Department, under the leadership of the Community
Development Director, shall administer the provisions of this ordinance as provided
in this Section.
2. Powers and Duties
In addition to the jurisdiction, authority, and duties that may be conferred upon the
Community Development Department by other provisions of the City Code, the
Community Development Department shall have the following jurisdiction, powers,
and duties under this ordinance:
a. Chair the Development Review Committee.
b. Issue decisions on site plan applications, temporary or seasonal uses,
administrative adjustments and home occupations, and maintain records thereof;
c. Conduct inspections of property to determine compliance with the terms of this
chapter;
d. Maintain permanent and current records of this chapter, including, but not
limited to all maps and amendments, conditional uses, variances, appeals and
applications therefore; and
e. Receive, file and forward all applications for amendments, site plans, variances,
conditional uses, rezonings or other matters to the designated official bodies.
Chapter 917 Application Reviews Review and Decision-Making Bodies
Page 917-4
E. Development Review Committee
1. Membership
The Development Review Committee shall consist of the Community Development
Director, the City Engineer, the Building Official and the Fire Marshall.
2. Powers and Duties
The Development Review Committee shall review applications as requested by the
Community Development Director and provide recommendations and advice to the
Director on the review of those applications. The Committee may meet with
applicants during those reviews.
917.030 Common Review Procedures and Requirements
A. Applicability
The requirements of this Chapter apply to all applications subject to review under this
ordinance except for a compliant one- or two-family dwelling. Those require only City
staff review and the issuance of a Zoning Certificate.
B. Authority to File Applications
1. Unless otherwise specified, applications may be initiated by:
a. The owner of the property;
b. The owner’s authorized agent;
c. A person with a signed purchase agreement for the property;
d. A prospective owner with written permission from the owner;
e. The City.
2. When an authorized agent files an application under this ordinance on behalf of a
property owner, the agent shall provide a signed authorization from the fee title
property owner stating that the property owner agrees to be bound by all decisions,
agreements and related conditions agreed to by such agent.
3. For all applications involving multiple owners, contract purchasers, etc., all such
persons shall sign the application.
C. Pre-Application Meeting with City Staff
1. All prospective applicants shall be required to speak with a member of the
Community Development Department and, at the discretion of the Community
Development Director, other City Staff or the Development Review Committee prior to
submitting an application. The purpose of this meeting is to review the proposal, the
relevant Code provisions, the required submittals, and potential opportunities or
challenges.
2. Discussions that occur during a pre-application conference are not binding on the City
and do not constitute official assurances, representations or approvals by the City or
its officials on any aspects of the plan or application discussed.
D. Application Submission Schedule
1. Generally, complete applications for a Conditional Use Permit, Variance, Rezoning,
Zoning, Text Amendment or Plat must be submitted to the Community Development
Common Review Procedures Chapter 917 Application Reviews
Page 917-5
Department five weeks prior to the next meeting of the City Planning Commission.
This allows time for application review and refinement and newspaper publication of
the notice of the required public hearing. The Department publishes an annual
schedule of submittal dates, Planning Commission hearing/meeting dates, and City
Council meeting dates.
2. A complete application for Site Plan Review may be submitted at any time, as these
applications are not subject to review by the Planning Commission or City Council
unless they involve a variance, conditional use, plat, Comprehensive Plan
amendment or rezoning.
3. A specific schedule for the submission of applications in relation to scheduled
meetings of the Planning Commission and City Council is maintained by the
Community Development Department and made available to applicants at the pre-
application meeting.
E. Application Contents
1. All applications shall include:
a. A completed City of Little Canada application form;
b. Verification of authority to file applications;
c. Supporting title information establishing ownership interests in the property;
d. All submittal requirements outlined in this ordinance for the specific application
type; one paper set and one PDF set are normally required;
e. The City may require applicants to submit such technical studies as may be
necessary to enable the City to evaluate the application. Such studies may
include, but are not limited to, traffic studies, engineering studies,
environmental impact assessments, and economic impact reports. The costs of
such studies shall be borne by the applicant with the persons or firms preparing
the study approved by the City.
F. Certain fees are required with applications related to Comprehensive Plan amendments,
conditional use permits, planned unit developments, plats, rezonings, and variances.
1. Determination of Fees
Fees required to accompany applications submitted under this ordinance shall be in
accordance with the approved fee schedule adopted by the City Council.
2. Fees to be Paid
No application shall be considered complete until all relevant fees have been paid.
3. Refund of Application Fee
Application fees are not refundable except when the Community Development
Director determines that an application was withdrawn prior to notice of public
hearing being issued, and any consideration or review of the application.
4. Cost of Special Studies
If the City contracts for a special service, such as a traffic study, to help review an
application, the applicant will be required to provide money in escrow from which
the fee will be paid. If the City agrees, the applicant may contract directly with a
consultant for such services.
Chapter 917 Application Reviews Common Review Procedures
Page 917-6
G. Application Acceptance
1. Complete Application Required
The review and consideration of an application submitted under this Section shall only
occur if such application includes all items that are required in support of the
application and is deemed complete by the Community Development Director.
If an incomplete application is submitted, the Community Development Director
shall notify the applicant within 5 business days and may provide an opportunity to
quickly fulfill the submittal requirements as if the application had been submitted at
least 5 weeks prior to the next Planning Commission meeting, as described in sub-
section (D), above.
2. Waiver of Application Requirements
Except for the required application form and the associated fee, the Community
Development Director may waive individual submittal requirements and judge an
application complete for review if it is determined that such information will serve no
purpose during the review process. However, it is the responsibility of the applicant
to supply all information required by this ordinance, and a waiver issued by the
Community Development Director shall not eliminate the need to provide such
information at a later time if it is ultimately determined necessary to review the
application. During the review process, failure of an applicant to supply information
in a timely manner may result in denial of the application because of the City’s
inability to comply with State-mandated decision deadlines.
H. Deadlines for Municipal Action
Maximum time periods within which the City must render a decision on an application
related to zoning are established in Minnesota Statute. Deadlines related to a land
subdivision application are also established in Minnesota Statute. If an application is
incomplete, City staff will notify the applicant within 5 business days regarding which
materials are missing, and the calendar for rendering a municipal decision under state law
will start again when all requested materials have been received.
I. Simultaneous Processing of Applications
Whenever two or more forms of review and approval are required under this ordinance
(e.g., a proposed rezoning and subdivision application), the applications for those approvals
may, at the discretion of the Community Development Director, be processed
simultaneously, so long as all applicable requirements are satisfied for all applications.
J. Formal Review by City Staff
1. Upon receipt of a complete application, the Community Development Director will
prepare either a written decision (in the case of a Site Plan Review) or a written
recommendation to the Planning Commission and the City Council. A copy of the
review will be transmitted to the applicant. The Director may involve other staff
and/or the Development Review Committee in the review. The applicant may be
asked to meet with the Director and/or other staff or the Committee.
2. Before completing the written review, the Community Development Director may
speak with the applicant to negotiate revisions and conditions of approval. The
applicant may be asked to submit a revised partial plan set that reflects the agreed-
upon changes. There may be additional meetings between the applicant and the City
staff during this time.
Common Review Procedures Chapter 917 Application Reviews
Page 917-7
3. If during the review process it is discovered that an additional City action or review
by another agency is required, the application may be delayed until additional
information is submitted to address the problem or additional agency review is
completed.
4. If a project involves only Site Plan Review, once updated plans are submitted to the
Community Development Department, the applicant may apply for a Building
Permit. If an application involves additional applications such as a Variance,
Conditional Use Permit, Plat or Rezoning, the application will proceed to the
Planning Commission and the City Council.
K. Public Notice
1. Incomplete applications may not be scheduled and noticed for a review and
recommendation by the Planning Commission unless missing items are submitted in
time to allow the City staff to adequately review them prior to the public hearing.
Additional materials may be requested by the Community Development Director
after the notice has been mailed or published.
2. The Community Development Department will be responsible for mailing and
publishing the notice of a public hearing or administrative review. Mailed notice
shall go to property owenrs within 300 feet of the site in question.
3. Content
a. A bold title referring to the content of the notice;
b. Identification of the address or location of the property or properties subject to
the application;
c. Date, time, and place of the Public Hearing;
d. Nature and scope of the application;
e. Where to view the application;
f. Where the public may be heard;
g. Provision for written comments. The notice will describe where written
comments will be received prior to the public hearing.
4. Timing of the Notice
Unless otherwise expressly provided in City Code or required by law, all notices
required by statute or Code shall be postmarked and/or published at least 10 days prior
to the hearing at which the application will be considered.
5. Type of Notice Required
Table 917-2: Notification Requirements
Posted Published Mailed
Site Plan Review No No Yes
Variance Yes Yes Yes
Conditional Use Permit Yes Yes Yes
Planned Unit Development Yes Yes Yes
Revocation of Conditional Use Permit Yes No Permittee
Comprehensive Plan Amendment Yes Yes No
Zoning Map Amendment (rezoning) Yes Yes Yes
Zoning Text Amendment Yes Yes No
Chapter 917 Application Reviews Common Review Procedures
Page 917-8
L. Letter of Approval
Following a decision on an application, the applicant will be notified in writing. Following
approval, a Building Permit or Occupancy Permit may be granted.
M. Environmental Review
1. No development project shall be approved prior to review by the Community
Development Department to determine the need to complete a Minnesota
Environmental Assessment Worksheet (EAW) or Environmental Impact Statement
(EIS). Procedures for EAWs and EISs are set forth in the Minnesota Environmental
Quality Review Board regulations for the Environmental Review Program authorized
by Minnesota Statutes.
2. Environmental reviews (EAWs and EISs) shall be conducted as early as practical in
the processing of a development project. No decision on granting of a permit or other
approval required may be issued until the EAW / EIS process is completed.
3. At the City’s discretion, an Alternative Urban Areawide Review (AUAR) may be
used to meet environmental review requirements.
N. Withdrawal of an Application
A request for withdrawal of an application shall be submitted in writing to the Community
Development Department.
O. Reconsideration of Land Use Approval Applications
No application for land use approval which has been denied by the City Council, in whole
or in part, shall be reconsidered for a period of 6 months from the date of the decision on the
application, except where there is substantial new evidence or proof of a change in
conditions with respect to such application. Before any such reconsideration, the City may
require the submission of the appropriate application fee and the application may be
considered as a new application.
P. Agreements
The Community Development Director may require:
1. That the applicant (and property owner if different) indicate agreement with the
City’s conditions of approval by signing the letter of approval issued by the
Department, or
2. That the applicant (and property owner if different) signs an agreement that describes
the terms of the approval, which shall be linked to the property and recorded by the
County.
The Community Development Director may waive either of these requirements.
Zoning Amendments Chapter 917 Application Reviews
Page 917-9
917.040 Comprehensive Plan Amendments
A. Initiation of Proceedings
Proceedings for the amendment of the Comprehensive Plan shall be initiated by one of the
following:
1. An owner of property or an authorized representative of an owner;
2. Recommendation of the Planning Commission; or
3. Action of the City Council
B. Application
1. All applications to amend the Comprehensive Plan shall be in accordance with the
Common Review Procedures and Requirements plus:
a. The names of the applicants;
b. A narrative explaining the requested change and the reasons why the
Comprehensive Plan should be amended;
c. The existing and proposed land use and zoning designation for all properties
proposed to change (if applicable);
d. A map of the properties modified to a different land use category, showing the
addresses and land uses of adjacent properties (if applicable); and
e. The proposed text and/or maps to be added, amended, or deleted from the
Comprehensive Plan along with documentation as to the location of the text
changes in the Comprehensive Plan, if applicable.
C. Review
1. Planning Commission
The Planning Commission shall adopt findings and recommendations on the
proposed amendment.
2. City Council
The City Council shall hold a public hearing on the amendment. After considering
the Planning Commission recommendation, the City Council may adopt the
amendment or any part thereof in form as it deems appropriate. Approval of an
amendment shall require a two-thirds vote of all members of the City Council.
D. Approval Criteria
Recommendations and decisions on Comprehensive Plan amendments shall be based on
consideration of the following criteria:
1. Whether the proposed amendment corrects an error or addresses the need resulting
from some changing condition, trend, or fact arising since the adoption of the
Comprehensive Plan;
2. Whether the proposed amendment is consistent with the guiding principles of the
Comprehensive Plan;
3. The extent to which the proposed amendment addresses a demonstrated community
need;
4. Whether the proposed amendment will protect the health, safety, morals, and general
Chapter 917 Application Reviews Comprehensive Plan Amendments
Page 917-10
welfare of the public;
5. The impacts on the natural and built environments, including air, water, noise,
stormwater management, wildlife habitat, water quality, vegetation, drainage, streets,
and other engineering design or environmental factors;
6. Whether the proposed amendment is compatible with existing and proposed uses
surrounding the subject property; whether the proposed design and land uses are
appropriate for the land; and whether the proposed amendment will maintain or
improve compatibility among uses and ensure efficient development within the City;
7. Whether the proposed amendment will result in a logical, orderly and predictable
development pattern; and
8. Whether the proposed amendment is consistent with the purpose of this ordinance.
917.050 Zoning Ordinance Text and Zoning Map Amendments
A. Purpose and Scope
This Section sets out the procedures to be followed in reviewing and considering a text
change to this ordinance or an amendment to the zoning map with the exception of a map
amendment to a planned unit development, which shall be subject to the procedures in
Chapter 917, Application Reviews and Procedures.
B. Initiation of Proceedings
Proceedings for the amendment of the text of this ordinance or the zoning map shall be
initiated by one of the following:
1. An owner of property or an authorized representative of an owner;
2. Recommendation of the Planning Commission;
3. Action of the City Council
C. Application
In addition to the Common Review Procedures and Requirements, applications for changes
to the text of this ordinance or the Zoning Map shall also include the following:
1. The name of the applicant;
2. A narrative explaining the requested modification and the reasons why the changes
are supported by the Comprehensive Plan;
3. The legal description of all real property proposed for change, if applicable;
4. The existing and proposed land use and zoning designations for all properties
proposed for change, if applicable;
5. A map of the properties to be modified to a different zoning designation, showing the
addresses and zoning designations for the subject properties and the adjacent
properties, if applicable; and
6. The location of the proposed text to be added, amended, or deleted in this ordinance,
if applicable.
7. The proposed text to be added, amended or deleted.
Zoning Amendments Chapter 917 Application Reviews
Page 917-11
D. Review
1. The Planning Commission shall adopt findings and recommendations on the
proposed amendment.
2. The City Council shall hold a public hearing on the amendment. After consideration
of the Planning Commission recommendation, the City Council may adopt the
amendment or any part thereof in such form as it deems appropriate. The amendment
requires the approval of two-thirds of the members of the City Council.
E. Approval Criteria
Recommendations and decisions on zoning amendments shall be based on consideration of
the following criteria:
1. Whether the proposed amendment corrects an error in the original text or map; or
2. Whether the proposed amendment addresses needs arising from a changing
condition, trend, or fact affecting the subject property and surrounding area; or
3. Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the Comprehensive Plan.
917.060 Site Plan Review
A. Purpose and Scope
The City Council declares it necessary and appropriate to require the review of site plans for
certain types of development to preserve and promote attractive, well-planned, stable urban
conditions.
The Site Plan Review procedure may be used if no variance, conditional use permit, land
subdivision, Comprehensive Plan amendment or rezoning is involved.
Site Plan Approval may be granted by the City staff without review by the Planning
Commission or the City Council.
Site Plan Approval must be obtained before a Building Permit is issued in order to ensure
the following:
1. The plan conforms to the requirements of this Ordinance in terms of land use,
setbacks, number of housing units, land coverage, parking and other relevant
regulations.
2. A proposed project’s compatibility with the area environment and with other existing
land uses and buildings in the surrounding area;
3. The quantity, quality, utility, size, and type of a proposed project’s required open
space and proposed landscaping improvements;
4. The ability of a proposed project’s traffic circulation system to provide for the
convenient and safe internal and external movement of vehicles and pedestrians;
5. The quantity, quality, utility, size, and type of a proposed project’s required
community facilities;
6. The location and adequacy of a proposed project’s provision for drainage and
utilities; and
7. Security, fire protection, and life or safety issues.
Chapter 917 Application Reviews Site Plan Review
Page 917-12
B. Applicability
The Site Plan Review requirements of this chapter shall apply to all new construction or
expansion of commercial, industrial, multiple-family residential (3 or more units in a
building), public, semi -public or institutional land uses, with these exceptions:
1. The use exists in a building, and the development of the use does not alter the
building footprint, parking, traffic flow on or off-site, grading, drainage or
landscaping;
2. Proposed modifications are strictly related to the interior of the building;
3. Modifications, additions, or enlargements to a building which do not increase the
gross floor area by more than 500 square feet or 10 percent, whichever is less, and
which do not require a variance from the provisions of this ordinance; and
4. Grading or site preparation that results in minor modifications to the existing site, as
approved by the City Engineer.
C. Review Authority
1. The Community Development Director is authorized to review and approve, approve
with conditions, or deny Site Plan Reviews in accordance with the procedures and
standards of this section. At the discretion of the Community Development Director,
the Development Review Committee may provide advice on Site Plan Reviews.
Also at the discretion of the Community Development Director, an application for
site plan review may be submitted to the Planning Commission for their advice while
the decision authority remains with the Community Development Director.
All findings and decisions shall be final, subject to appeal to the City Council.
2. If a Site Plan Review application involves a Variance, the application must also be
reviewed by the Planning Commission and approved by the City Council.
D. Submittal Requirements
The following items are required unless exempted by the Community Development
Director. All documents shall be drawn to scale by a registered landscape architect,
engineer, architect or other qualified professional. One paper set and one digital PDF set
are required.
1. General Site Description
a. The boundaries and dimensions shown graphically, along with a legal
description of the property;
b. A vicinity map which shall include the names and locations of any public
streets, railroads, and major streams in the vicinity of the site.
c. The present and proposed topography of the site and adjacent areas within 50
feet by contour lines at an interval of not more than 2 feet, and by use of
directional arrows, the proposed flow of storm water runoff from the site.
d. Existing natural features of the site such as wetlands, streams, major trees and
wooded areas;
e. Existing public streets or rights-of-way, road or utility easements, or other
reservations of land on the site;
f. Other information necessary for the review of the application as may be
Site Plan Review Chapter 917 Application Reviews
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requested by the Community Development Director such as a traffic impact
study.
2. Site Plan, Landscaping Plan and Lighting Plan
a. The location of existing and proposed structures, with the number of dwelling
units and/or non-residential floor area.
b. All setback lines. When lots are located on a curve, the width of the lot at the
building setback line shall be shown.
c. Proposed street rights-of-way road or utility easements, or other reservations of
land on the site;
d. Street layout and grades with centerline elevations
e. Sidewalk or path location, width and material.
f. Proposed curb cuts, aisles, off-street parking and loading spaces and
dimensions.
g. The location, species and size of plantings. The location, height and material
for berms, walls and fences.
h. A tree preservation plan;
i. The location and method of screening of outdoor trash storage and recycling
areas.
j. The location and size of all proposed signs.
k. The location and height of exterior lights, including a photometric diagram;
l. Elevation views of all proposed buildings or structures, with building materials
and proposed colors noted;
m. A site development staging plan, if applicable.
n. If proposing a building addition, a floor plan with the interior dimensions for
each floor.
3. Grading and Drainage
a. Proposed grades showing topographic alterations, proposed methods for
managing surface water, drainage calculations and a surface water pollution
prevention plan.
b. Top of curb in front of each lot at corners and the high side of driveways;
c. Major (lowest floor) building corners;
d. Lot corner elevations, building setback lines, and a building pad layout showing
hold-down elevations and finished garage elevations, lot drainage patterns and
driveway slopes.
e. Storm sewer alignment and features;
f. Elevations and boundaries related to lakes, wetlands and ponds including the
ordinary high-water level;
g. Wetland delineation boundaries;
h. Other related information as may be required by the City Engineer;
Chapter 917 Application Reviews Site Plan Review
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4. Public and Private Utilities
a. The location and size of existing and proposed sanitary sewers, water mains,
culverts or other underground facilities within and adjacent to the property
including data such as grades, invert elevations and locations of catch basins,
manholes and hydrants.
b. The location, size and purpose of all easements;
E. Public Notice
Publication and public notice in the official newspaper is not required.
F. Conditions of Approval
These conditions must exist for the approval of a Site Plan Review:
1. The site plan conforms to applicable standards within this chapter.
2. The site plan conforms to applicable regulations of this ordinance and is consistent
with the applicable policies of the Land Use Plan.
3. The site plan is consistent with any applicable functional or special area plans or
development objectives adopted by the City Council.
4. The site plan minimizes any adverse effects of property in the immediate vicinity and
minimizes congestion of the public streets.
The Community Development Director may impose conditions on any proposed site plan
and require such guarantees as it deems necessary for the protection of the public interest
and to ensure compliance with the standards and purposes of this ordinance, the applicable
policies of the Land Use Plan, and any special land use plans adopted by the City Council.
G. Modifications to an Approved Site Plan
1. Requested amendments to a Site Plan may be approved or denied by the Community
Development Director if they do not involve one of the following; otherwise, they
shall be reviewed as a new Site Plan. At the discretion of the Community
Development Director, the Development Review Committee may be involved in this
review.
a. The density of the development is to be increased by more than 5 percent;
b. The gross square footage of non-residential buildings is to be increased by more
than 5 percent or the number of building stories is to be increased;
c. Approved landscaping or open space is to be substantially modified in the
opinion of the Community Development Director;
d. Drainage, streets, or other engineering design changes will materially alter items
approved in the Development Plan; and/or
e. Major changes are proposed that could potentially create an adverse impact on
stormwater quality, stormwater quantity management, or other stormwater
management ordinance requirements
2. If, in the opinion of the Community Development Director, a proposed change will
substantially affect the terms of the original approval or would result in significant
adverse impacts on the surrounding properties or the City at large, then a re-submittal
of a new Development Plan may be required pursuant to the provisions of this
Section.
Site Plan Review Chapter 917 Application Reviews
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H. Time Limit
Unless a written extension request is submitted approved by the Community Development
Director, an approved site plan shall expire upon either:
1. A new site plan for the property is submitted to and approved by the Community
Development Director.
2. A Building Permit has not been issued within one year from the date of site plan
approval.
I. Inspection and Enforcement
Prior to issuance of a certificate of occupancy for any use not exempted above, a member
of the Community Development Department shall conduct an inspection to determine
compliance with the conditions set forth on the approved site plan for the project. A
temporary certificate of occupancy may be issued without completion of all elements on
the site plan, provided written assurance is given that all improvements will be completed
when feasible.
J. Relationship to other Applications
Except in those instances specified in Sub-Section (F)(2), above, Site Plan Approval is
required prior to issuance of a Building Permit for any proposed construction or issuance
of an Occupancy Permit for any proposed use. When a site plan is required in support of a
request for Conditional Use Permit or Variance approval, such plan shall also be subject to
the requirements established within this chapter.
K. Appeal
The applicant for a Site Plan Review may appeal the decision of the Community
Development Director to the City Council.
917.070 Conditional Use Permits
A. Purpose and Scope
1. The Conditional Use Permit process allows the City to impose reasonable conditions
on uses that are not normally Permitted in a given zoning district but may be if the
City Council judges that the established conditions would be met. Such conditions
are considered necessary to ensure compatibility between the proposed land use and
nearby properties or for the general health, safety and welfare of the community.
2. Approval of a Conditional Use at a certain location does not mean the same
Conditional Use can be conducted on any other parcel in that zoning district.
3. Every application for a Conditional Use Permit will be individually reviewed on its
own merits, and the facts surrounding the subject property will determine the
appropriateness of the proposed use.
B. Application
An application for a Conditional Use Permit shall conform to the Common Review
Procedures and Requirements and:
1. The submittal materials listed for a Site Plan Review except those that may be
exempted by the Community Development Director;
2. Any other information that may be reasonably required by the City to evaluate the
Chapter 917 Application Reviews Conditional Use Permits
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application.
C. Thresholds for Application Review
If a listed Conditional Use falls below the following threshold, review and approval by the
Community Development Director is all that is required before applying for a Building
Permit:
1. 500 square feet of floor area for a non-residential building;
2. 120 square feet of floor area for a detached building related to a residence.
Review and approval by the City Council shall be required for applications above that
threshold or applications involving properties that have not previously received a
Conditional Use Permit.
D. Conditions for Approval
These conditions must be met:
1. The use is allowed as a Conditional Use in the zoning district and conforms to
standard zoning regulations;
2. The Conditional Use will conform to the conditions listed in Chapter 914 for the
proposed use;
3. The Conditional Use will not impede the normal and orderly use or development of
nearby property, substantially diminish nearby property values or place an undue
burden on public facilities or services;
4. The Conditional Use will not be detrimental to the health, safety, or welfare of the
public;
5. The Conditional Use will not result in a nuisance by emissions;
6. The Conditional Use will not unduly affect natural features.
E. Additional Conditions
In permitting a new Conditional Use or the alteration of an existing Conditional Use, the
City Council may impose, in addition to these standards and requirements expressly
specified by this ordinance, additional conditions that the Commission considers necessary
to protect the best interest of the surrounding area or community as a whole. These
conditions may include but are not limited to:
1. Increasing the required lot size or yard dimension.
2. Limiting the height, size or location of buildings.
3. Controlling the location and number of vehicle access points.
4. Increasing the street width.
5. Increasing the number of required off street parking spaces.
6. Limiting the number, size, location or lighting of signs.
7. Requiring additional fencing, screening, landscaping or other facilities to protect
adjacent or nearby property.
8. Designating sites for open space.
F. City Staff Review and Recommendation
Conditional Use Permits and Variances Chapter 917 Application Reviews
Page 917-17
The Community Development Director is authorized to review and provide
recommendations to the Planning Commission and City Council in accordance with the
procedures and standards of this Chapter. At the discretion of the Community Development
Director, the Development Review Committee may provide advice on Conditional Use
Permits.
G. Planning Commission
The Planning Commission shall adopt findings and recommendations for the City Council
on the proposed conditional use permit.
H. City Council
The City Council shall hold a public hearing on the conditional use permit. After
considering the Planning Commission recommendation, the City Council may adopt the
conditional use permit or any part thereof in such form as it deems appropriate. Approval
of a conditional use permit shall require a majority vote of the City Council.
The Council shall consider the request(s) in light of the conditional use review criteria
listed above, and render a decision. In approving a conditional use, the City Council may
impose conditions on the approval as are deemed appropriate to ensure compliance with
the approval and to protect adjacent properties. Denial of any request shall be
accompanied by findings of fact as to how the request did not meet one or more of the
review criteria.
I. Once a Conditional Use Permit is granted, a certified copy of the CUP, including a detailed
list of all approved conditions and a legal description of the land, shall be recorded with the
County Recorder or the Registrar of Titles.
J. Effect of a Conditional Use Permit Approval
1. Issuing a Conditional Use Permit shall authorize only the improvements approved by
the City Council;
2. A Conditional Use Permit, including any conditions, shall “run with the land” and
shall not be affected by a change in ownership.
K. Subsequent Development
Development authorized by the Conditional Use Permit shall not be carried out until the
applicant has secured all other approvals required by this ordinance or any other applicable
ordinances or regulations. Approval of a Conditional Use Permit does not imply that any
related application will be approved.
L. Revocation of a Conditional Use Permit
In the event that any of the conditions set forth in the permit are violated, the City Council
shall have the authority to revoke the conditional use permit. Before the revocation is
considered, the Council shall hold a public hearing after proper written notice has been
issued. Following the hearing, the Council may revoke the Conditional Use Permit by
adopting findings of fact showing there has not been substantial compliance with the
required conditions.
Chapter 917 Application Reviews Conditional Use Permits
Page 917-18
M. Amendments to a Conditional Use Permit
A Conditional Use Permit may be amended or modified only in accordance with the
procedures and standards established when originally securing the conditional use permit.
A request for a change in the conditions of approval of a Conditional Use Permit shall be
considered an amendment and subject to the full review procedure set forth in this
subsection. An additional application fee may be required before the consideration of the
amendment request.
917.080 Variances
A. Purpose and Scope
The variance process is intended to provide limited relief from the strict requirements of this
ordinance in those cases where the reasonable conditions of a particular requirement will
create practical difficulties because of circumstances unique to the property. It is not
intended that variances be granted to allow a use not permitted by the underlying zoning
district, nor to merely remove inconveniences or financial burdens that the requirements of
this ordinance may impose on property owners in general. Variances are intended to
address extraordinary, exceptional or unique situations that were not caused by the
applicant’s act or omission. Variances may be allowed from restrictions placed on non-
conformities.
B. Initiation of Proceedings
Variances shall be initiated by an owner of property or an authorized representative of an
owner pursuant to Authority to File Applications.
C. Application
1. All applications for a variance shall be in accordance with the Common Review
Procedures and Requirements.
2. In addition to the Common Review requirements, applications for a variance shall
also include the following:
a. A narrative demonstrating that the criteria for a variance have been met;
b. A site plan of the property showing all information necessary to allow the City
to determine conformance with all zoning provisions and to calculate the
specific variance being requested shall include but not be limited to:
1. Property and structure dimensions including height;
2. Building elevations as deemed necessary by the Community Development
Director;
3. Setback dimensions/measurements including separation between structures;
4. Parking and access locations, dimensions, and paving, striping and curbing
details;
5. If deemed necessary by the Community Development Director, a survey
may be required with the application in addition to a site plan.
D. Criteria for Approving a Variance
1. A variance may be approved only if these criteria are met:
a. The request is in harmony with the purposes and intent of this ordinance
Variances and Planned-Unit Developments Chapter 917 Application Reviews
Page 917-19
b. The variance is consistent with the Comprehensive Plan.
c. The applicant can demonstrate that there are “practical difficulties” in
complying with the regulation(s) in question. Determination of whether
practical difficulties exist shall be based on the following:
1. The property owner proposes to use the property in a reasonable manner
permitted by this ordinance;
2. The plight of the land owner is due to circumstances unique to the property
not created by the landowner;
3. The variance will maintain the essential character of the locality.
2. Practical difficulties include, but are not limited to, inadequate access to direct sun
light for solar energy systems.
3. Economic considerations alone shall not constitute a sufficient basis for a Variance if
reasonable use for the property exists under the regulation.
4. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes 216C, Subd. 14, when in harmony with this ordinance.
5. The City Council may impose conditions in the granting of a variance. Such
conditions must be directly related to and bear a rough proportionality to the impact
created by the variance.
E. City Staff Review and Recommendation
The Community Development Director is authorized to review and provide
recommendations to the Planning Commission and City Council in accordance with the
procedures and standards of this Chapter. At the discretion of the Community Development
Director, the Development Review Committee may provide advice on Variances.
F. Planning Commission
The Planning Commission shall adopt findings and recommendations for the City Council
on the proposed variance.
G. City Council
The City Council shall hold a public hearing on the variance. After considering the
Planning Commission recommendation, the City Council may adopt the variance or any
part thereof in such form as it deems appropriate. Approval of a variance shall require a
majority vote of the City Council.
H. Effect of a Variance
1. The issuance of a variance shall authorize only the particular variation that is
approved by City Council;
2. A variance, including any conditions, shall run with the land and shall not be affected
by a change in ownership.
Chapter 917 Application Reviews Variances
Page 917-20
I. Subsequent Development
Development authorized by the variance shall not be carried out until the applicant has
secured all other approvals required by this ordinance or any other applicable chapters or
regulations. The granting of a variance does not constitute, imply or guarantee the granting
of any other such required approval, such as a Building Permit.
J. Amendment
A variance may be amended or modified only in accordance with the procedures and
standards established for originally securing the variance. A request for a change in the
conditions of approval of a variance shall be considered an amendment and subject to the
full review procedure set forth in this subsection. An additional application fee shall be
required before consideration of the amendment request.
917.090 Planned-Unit Developments
A. Application
An application for rezoning to Planned-Unit Development Overlay District shall be made
on the form provided by the City, shall include the materials required for a Zoning Map
Amendment (a rezoning), a Site Plan Review and, possibly, a Plat and shall include an
application review fee as adopted by the City Council.
Additional drawings and narratives may also be required if the PUD involves the
Shoreland Overlay District, an Environmental Assessment Worksheet or Environmental
Impact Statement. An application for a Variance shall not be required.
B. Review and Approval Process
Reviewing an application for rezoning to PUD Overlay District shall follow the same
process as a Map or Text Amendment, which means that the Planning Commission may
provide a recommendation but the decision authority rests with the City Council.
When the City Council adopts an ordinance changing property to Planned-Unit
Development Overlay District, it is approving the Zoning Map Amendment, the Site Plan,
and the Preliminary Plat (if applicable) and instructing City staff to draft a Development
Agreement, proceed with the final plat (if applicable) and subsequently issue a Zoning
Certificate.
C. Expiration of the Approved Zoning Certificate
The Zoning Certificate associated with the rezoning to PUD Overlay District may expire as
described under the sub-section titled Conditional Use Permit, Time Limit.
If the approved development is not begun either in whole or in part by the dates specified
in the development agreement, that portion of the land not substantially improved shall
revert to the base zoning district and any benefits, uses or approvals conferred by the PUD
Overlay District shall become void unless a time extension is granted by the City Council
or the PUD Overlay is amended.
D. Amendments to a Planned-Unit Development Overlay District
A Planned-Unit Development Overlay District may be amended as described in the Section
titled, Modification of an Approved Site Plan.
Temporary Use Permits Chapter 917 Application Reviews
Page 917-21
E. Approved Plans Continue
All preliminary and final development plans approved as part of a Planned-Unit
Development prior to the effective date of this Ordinance shall remain in full force and
effect as part of this overlay district. If new development in the prior Planned-Unit
Overlay District follows the approved plans, the development shall be considered in
conformance with this Ordinance.
917.100 Temporary or Seasonal Use Permits
A. Purpose and Scope
Temporary or Seasonal Use Permits are meant for activities that have an agreed-upon
ending date.
B. Initiation of Proceedings
A request for a Temporary or Seasonal Use Permit shall be initiated by application of the
property owner or other person having authority to file an application.
C. Application
1. All applications for a Temporary or Seasonal Use Permit shall be in accordance with
the Section titled Common Review Requirements.
2. In addition to general review requirements, applications for a Temporary or Seasonal
Use Permit shall also include the following except as exempted by the Community
Development Director:
a. A narrative which includes:
1. A description of the proposed temporary use, how it will function on the
property, hours and dates of operation, and any other information necessary
to fully describe the request; and
2. An explanation of how the proposed temporary use will meet each of the
criteria set forth below.
b. A sketch plan of the property showing all information necessary to accurately
depict how the proposed use will function on the site Information required on
the site plan shall include but not be limited to:
1. The location of all existing and proposed structures;
2. Driveways and parking areas;
3. Proposed storage and/or display spaces;
4. Natural features such as woodlands, wetlands, shorelines, etc;
5. Proposed number of parking spaces provided or affected.
c. Any other information that may be reasonably required by the City to evaluate
the application.
D. Review Criteria
A Temporary or Seasonal Use Permit shall be issued only if the use will:
1. Not be detrimental to property or improvements in the surrounding area or to the
public health, safety, or general welfare;
Chapter 917 Application Reviews Temporary Use Permits
Page 917-22
2. Be compatible with the principal uses taking place on the site;
3. Not have substantial adverse effects or noise impacts on nearby residential
neighborhoods;
4. Not include permanent alterations to the site;
5. Not violate the applicable conditions of approval that apply to a site or use on the
site;
6. Not harm environmentally sensitive lands.
E. Temporary or Seasonal Use Permit Review Process
1. The Community Development Director will review all Temporary or Seasonal Use
Permit applications.
2. Applications determined to conform to the review criteria shall be approved with any
conditions deemed necessary. A copy of the approved permit shall be provided to the
applicant that includes all conditions and comments.
3. Applications not conforming to the approval criteria shall be denied by the
Community Development Director. A notice of denial including the reasons shall be
provided to the applicant.
F. Reasonable Conditions
In approving a Temporary or Seasonal Use Permit, the Community Development Director
may impose such reasonable conditions and requirements as deemed necessary and
appropriate to ensure continued compliance with ordinance requirements.
G. Effect of a Temporary or Seasonal Use Permit Approval
1. The issuance of a Temporary or Seasonal Use Permit shall authorize only the specific
temporary use approved by the Community Development Director over the specified
timeframe;
2. A minimum of 90 days shall be required between the expiration of a Temporary or
Seasonal Use Permit and the issuance of another Permit on the same site for an
identical or similar use as determined by the Community Development Director.
H. Revocation of a Temporary or Seasonal Use Permit
In the event that any of the conditions set forth in the permit are violated, the City Council
shall have the authority to revoke the permit. Before the revocation is considered, the City
Council shall hold a public hearing after proper written notice has been issued. Following
the hearing, the City Council may revoke the Permit by adopting findings of fact showing
there has not been substantial compliance with the required conditions.
I. Appeals
The applicant for a Temporary or Seasonal Use Permit may appeal the decision of the
Community Development Director to the City Council.
Administrative Adjustments Chapter 917 Application Reviews
Page 917-23
917.110 Administrative Adjustments
A. Purpose and Intent
This purpose of this Section is to provide a way to allow minor adjustments to previously
approved building setbacks or landscape buffer widths where application of a prior dimension
would create a development that is less consistent with the Comprehensive Plan or the public
interest.
B. Authority
The Community Development Director is authorized to review and approve, approve with
conditions or deny Administrative Adjustments to building setback or landscape buffer
standards of this ordinance in accordance with the procedures and standards of this section.
At the discretion of the Community Development Director, the Development Review
Committee may provide advice on Administrative Adjustments.
C. Maximum Adjustment
No adjustment may reduce a setback or a landscape buffer to less than the minimum.
D. Initiation
An application for an Administrative Adjustment may be initiated by the property owner or
other person with authority to file an application pursuant to the Section, Authority to File
Applications.
E. Application
1. All applications for an Administrative Adjustment shall be in accordance with the
Section, Common Review Requirements;
2. In addition to the Common Review Procedures and Requirements, applications for an
Administrative Adjustment shall also include a narrative demonstrating that the
criteria for an Administrative Adjustment have been met.
F. Criteria for Approval of Administrative Adjustments
Decisions on an Administrative Adjustment shall be based on consideration of these
criteria:
1. The requested Administrative Adjustment shall not exceed the maximum adjustment
permitted by this ordinance;
2. The requested Administrative Adjustment is consistent with the character of
development in the surrounding area, and will not result in incompatible uses;
3. Any adverse impacts from the requested Administrative Adjustment will be mitigated
to the maximum extent practicable;
4. The requested Administrative Adjustment is either:
a. Required to compensate for some unforeseen aspect of the site or the
development that is not commonly shared by landowners in general; or
b. Supportive of the purpose and intent statement of the zoning district; or
c. Proposed to save healthy existing trees.
5. The requested Administrative Adjustment will not substantially interfere with the
convenient and enjoyable use of adjacent lands, and will not pose a danger to the
public health or safety.
Chapter 917 Application Reviews Administrative Adjustments
Page 917-24
G. Administrative Adjustment Review Process
1. Upon receiving a complete application for an Administrative Adjustment, the
Community Development Director shall review the plans to determine their
conformance to all ordinance requirements;
2. Applications determined to conform with the approval criteria shall be approved by
the Community Development Director with any conditions deemed necessary. A
notice of an Administrative Adjustment approval shall be provided to the applicant
which includes all conditions, comments, and recommendations.
3. Applications not conforming to the approval criteria shall be denied by the
Community Development Director. A notice of Administrative Adjustment denial
including reasons for denial shall be provided to the applicant.
H. Reasonable Conditions
In approving an Administrative Adjustment, the Community Development Director may
impose such reasonable conditions and requirements as deemed necessary and appropriate
to ensure continued compliance with ordinance requirements.
I. Effect of an Administrative Adjustment Approval
1. The approval of an Administrative Adjustment by the Community Development
Director does not guarantee approval of other applications that may be required by
the regulations of the City;
2. An Administrative Adjustment approved by the Community Development Director,
including any conditions, shall run with the land and shall not be affected by a
change in ownership.
J. Amendment
An Administrative Adjustment may be amended, extended, or modified only in accordance
with the procedures and standards established for originally securing the Administrative
Adjustment.
K. Appeal
The applicant for an Administrative Adjustment may appeal the decision of the
Community Development Director to the City Council.
L. Conditions
The Community Development Director may impose conditions upon the Administrative
Adjustment to ensure that the purposes of this ordinance are achieved.
Certificates of Occupancy Chapter 917 Application Reviews
Page 917-25
917.120 Building Permits
A. Once the appropriate municipal approval has been obtained for a zoning application, a
Building Permit may be issued.
B. An application for a Building Permit may be submitted before the zoning application
process has been completed.
917.130 Certificates of Occupancy
A. Purpose
Unless exempt by State law, no building or structure hereafter erected or moved, or that portion
of an existing structure or building erected or moved shall be occupied or used in whole or in part
for any purpose whatsoever until a certificate of occupancy shall have been issued by the
Building Official stating that the building or structure, including landscaping, complies with all of
the provisions within this Ordinance. The City Council may, at its discretion, waive the
requirement of an occupancy permit when it determines that special circumstances exist which
would otherwise result in a hardship.
B. Application
Said certificate shall be applied for coincident with the application for a building permit,
conditional use permit, and/or variance and shall be issued within ten (10) days after the Building
Official shall have found the building or structure and the landscaping satisfactory at the time of
the final inspection. Said application shall be accompanied by a fee as established by City
Council Ordinance.
917.140 Home Occupation Permits
A. Initiation of Proceedings
A request for a Home Occupation Permit shall be initiated by application of the property owner or
other person having authority to file an application pursuant to Authority to File Applications.
B. Application
1. An application for a Home Occupation Permit shall follow the Common Review
Requirements;
2. An application for a Home Occupation Permit shall include a narrative describing:
a. How many employees will be working at the home occupation site;
b. What activities will be occurring in conjunction with the home-based
occupation (i.e. office work, customer visits, sales, stock storage, etc);
c. Vehicle used (e.g. will there be a vehicle(s) used in conjunction with the
business? Will the business require any non- standard deliveries to the site?
Where will customers park? etc)
d. A calculation of the square footage within structures to be used by the home
occupation
e. A sketch plan showing in general how the home occupation will operate on the
site. The sketch plan should show (as applicable):
1. All buildings to be used by the home occupation;
2. Proposed outdoor storage areas;
3. Proposed parking areas for vehicles and/or customers;
Chapter 917 Application Reviews Driveway Permits
Page 917-26
4. Proposed sign location(s) in conformance with sign regulations;
5. Any proposed alterations to buildings to accommodate the home occupation;
6. Any proposed features necessary to hide visible evidence of the home
occupation from either the public right-of-way or adjacent properties (e.g.
plantings, screening fences, etc).
C. Review Criteria
1. The home occupation shall meet all of the general requirements for home
occupations;
2. The home occupation shall meet the entire general requirements specific to home
occupations.
D. Home Occupation Review Process
1. The Community Development Department will review all Home Occupation Permit
applications;
2. A copy of the approved permit shall be provided to the applicant which includes all
conditions and comments;
3. Applications not conforming to the review criteria shall be denied. A notice of denial
shall be provided to the applicant that includes the reasons for denial.
E. Reasonable Conditions
In approving a Home Occupation Permit, the Community Development Department may
impose such reasonable conditions and requirements as deemed necessary and appropriate
to ensure continued compliance with ordinance requirements.
F. Effect of a Home Occupation Permit Approval
1. The issuance of a Home Occupation Permit shall authorize only the activities and
uses approved;
2. The permit shall be specific to that site and shall end with a change in land
ownership;
3. The Home Occupation Permit does not require periodic renewal.
G. Time Limit
1. Failure to begin the approved home occupation within six months of the date of
approval will invalidate the permit;
2. Upon written request, one extension of six months may be granted by the Community
Development Director if the applicant can show good cause.
H. Amendments
All requested amendments to a Home Occupation Permit shall be processed in the same
manner as a new application.
I. Appeal
The applicant for a Home Occupation Permit may appeal the decision of the Community
Development Director to the City Council.
Administrative Adjustments Chapter 917 Application Reviews
Page 917-27
917.150 Grading, Drainage and Erosion Control Permit
Application submittal and review procedures for grading and related surface water management
are described in City Code Chapters 927 and 928.
917.160 Driveway Permits
A. Purpose
Driveway Permits allow the City to inspect work done in the public road right-of-way,
protect the public by setting and enforcing construction standards, and ensure proper
pavement construction.
B. Initiation of Proceedings
A request for a driveway permit shall be initiated by application of the property owner or
other person having authority to file an application pursuant to Authority to File
Applications
C. In General
A driveway permit shall be required for the initial construction, reconstruction of
reconfiguration of any driveway that will cross into a public road right-of-way and that was
not approved as part of a Site Plan or a Preliminary Plat.
D. Application
1. All applications for a driveway permit shall be in accordance with the Common
Review Requirements and be on the form provided by the Engineering Department.
2. In addition to general review requirements, applications for a driveway permit shall
also include the following except as exempted by the Engineering Department:
a. A site plan (or certified site survey if required by the Engineering Department)
at a scale and in quantities deemed necessary by the Engineering Department
showing lot dimensions and the lot area in square feet;
b. A site plan (or certified site survey if required by the Engineering Department)
at a scale and in quantities deemed necessary by the Engineering Department
showing lot dimensions and the lot area in square feet;
c. Location of all existing buildings, landscaping, screening and natural features as
directed by the Engineering Department (including but not limited to
woodlands, wetlands, shorelines, and individual trees which may be impacted by
the proposed driveway or parking lot construction);
d. Location of the existing driveway (if applicable), the proposed driveway and the
square footage of each;
e. Location of existing public sidewalks and trails;
f. Calculation of the existing and proposed impervious surface coverage on the lot;
g. Identify existing and proposed curb types specifically calling out proposed
changes to existing facilities
E. Review Criteria
Approval of a driveway permit shall be based on:
1. Whether the proposed driveway permit is consistent with all the requirements of this
ordinance and any other City Code requirements;
Chapter 917 Application Reviews Plats and Land Splits; Signs
Page 917-28
2. Whether the proposed driveway permit follows all engineering standards adopted by
the City;
3. Whether the proposed driveway permit follows any previous approvals for the
facility (e.g. adding parking as previously approved by a Conditional Use Permit)
F. Driveway Permit Review Process
1. The Building Official shall review all driveway permit applications
2. Applications determined to conform to the review criteria shall be approved by the
Building Official with any conditions deemed necessary. A copy of the approved
permit with all conditions and comments shall be provided to the applicant.
3. Applications not conforming to the review criteria shall be denied by the Building
Official. A notice of denial including reasons shall be provided to the applicant.
G. Reasonable Conditions
In approving a driveway permit, the Building Official may impose such reasonable
conditions and requirements as it deems necessary and appropriate to ensure continued
compliance with the driveway permit review criteria
H. Effect of Driveway Permit Approval
The issuance of a Driveway Permit shall authorize only the changes approved by the
Building Official as depicted by the application materials
I. Time Limit
(1) Failure to complete driveway or parking lot improvements within six months of the
date of approval will invalidate the permit
(2) Upon written request, one extension of six months may be granted by the Building
Official if the applicant can show good cause
J. Amendments
All requested amendments to an existing driveway permit shall be processed in the same
manner as a new application
K. Unauthorized Work
Work done without the authorization of a permit and/or found to be out of conformance
with approved plans shall be halted and subject to the remedies and penalties described in
this ordinance. Driveways or parking lots being built out of conformance shall be brought
into conformance.
L. Appeal
The applicant for a Grading Permit my appeal the decision of the Building Official to the
City Council.
917.170 Plats and Land Splits
Procedures for land divisions are presented in Chapter 1000 of the Little Canada City Code.
917.180 Sign Permits
A. Administrative Permit Required
A permit is required before installing any new wall sign, freestanding sign, home
occupation sign, business banner or sidewalk sign. Signs for which a permit is not required
Other Licenses and Permits Chapter 917 Application Reviews
Page 917-29
are listed in City Code Chapter 916. Those include public signs, identification signs not
exceeding two square feet, political campaign signs, temporary displays including holiday
displays, construction signs, real estate sale or rental signs, and on-premise directional or
informational signs not exceeding four square feet.
Permits and fees are not required for the repair of signs or sign structures.
Sign permits are issued by the City Clerk upon the review and approval of an application
provided by the Clerk and the payment of the fee, which is set by ordinance.
All regulations on the size, materials, location, duration and permitting of signs may be
found in City Code Chapter 916.
917.190 Other Licenses and Permits
A license issued by the City Clerk is required for these activities:
Adult uses
Alarm systems
Emergency vehicle sales – storage lot with ancillary outfitting services
Fireworks
Handicapped accessibility and mobility vehicle sales or repair
Lawful gambling
Licensing of tree removal contractors
Massage therapy business and massage therapist licenses
Mixed municipal solid waste and recyclable materials storage and collection
Motor vehicle repair
On-sale and off-sale liquor licenses
Outdoor storage in industrial districts
Pawn shops and pawnbrokers
Public assemblies
Rental housing licenses
Solicitors
Tattoo parlors
Temporary outdoor sales or display
Tobacco store and tobacco general sales and display licenses
Used car sales
Wagon vendor
Wrecking and junking cars
917.200 Appeals
A. General Provisions and Standards
The purpose of this section is to provide for an appeal process when it is alleged that there is an
error in any order, requirement, decision or determination by an administrative officer or the City
Planning Commission in the enforcement of this Ordinance.
The City Council shall act as the Board of Adjustment and Appeals.
B. Procedures
1. Requests for an appeal shall be filed with the Community Development Director on
an official application form. Such application shall be accompanied by a fee as
Chapter 917 Application Reviews Plats and Land Splits; Signs
Page 917-30
established by City Council resolution. This fee shall not be refunded. Such
application shall also be accompanied by a detailed written and graphic materials
presented in PDF format necessary for the explanation of the request, and a list of
property owners located within 350 feet of the subject property, which list shall be
obtained from City or County records. The request shall be placed on the agenda of
the first possible Board of Adjustment and Appeals meeting occurring after 10 days
from the date of submission. The request shall be considered as being officially
submitted when all the information requirements are compiled with.
2. The Community Development Director may instruct the appropriate staff persons to
prepare technical reports where appropriate, to assist the Board of Adjustment
Appeals. Additionally, the Community Development Director shall refer the
application to other local, state and special units of government where appropriate
and when required.
3. Notice of said hearing shall consist of a legal property description, description of
request and map detailing property location, and be published in the official
newspaper at least 10 days prior to the hearing. Written notification of said hearing
shall be mailed at least 10 days prior to the hearing to all owners of land within 350
feet of the boundary of the property in questions.
4. Failure of a property owner to receive said notice shall not invalidate any such
proceedings as set forth within this Ordinance.
5. Requests for appeals shall go directly to the City Council serving as the Board of
Adjustment and Appeals. All appeals shall be filed no later than 12 days after the
alleged error.
6. The Board of Adjustment and Appeals shall meet within 30 days from the date of
receipt of a complete application to consider appeals from decisions of the City
Building Official under the Building Code, determinations made by the City staff in
the enforcement of this Ordinance, City Council decision, and such other matters as
may be directly referred to it by the City Council.
7. The applicant or a representative thereof shall appear before the Board of Adjustment
and Appeals in order to answer questions concerning the appeal request.
8. The Board of Adjustment and Appeals shall decide whether to approve or deny the
appeal within 60 days after the appeal request is submitted to it.
9. The grant of an appeal shall be by two-thirds vote of the full City Council, serving as
the Board of Adjustment and Appeals.
10. The Community Development Director shall notify the originator of the appeal of the
City Council’s, serving as the Board of Adjustment and Appeals, decision in writing.
CHAPTER 918 INTERPRETATION, ENCROACHMENT AND MEASUREMENT
918.010 General Rules for Interpretation ....................................................................... 918-1
918.020 Common District Requirements ....................................................................... 918-2
918.030 Lot and Parcel Controls .................................................................................... 918-3
918.040 Encroachments Allowed into Required Setback Areas .................................... 918-5
918.050 Heights Limits and Exceptions ......................................................................... 918-5
918.060 Rules of Measurement ...................................................................................... 918-6
918.010 General Rules for Interpretation
The language set forth in the text of this ordinance shall be interpreted in accordance with the
following rules of construction:
A. Meanings and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
interpreted in accordance with the general purposes set forth in Chapter 902, General
Provisions, and the specific purpose statements set forth throughout this ordinance. When a
specific section of these regulations gives a different meaning than the general definition
provided in this article, the specific section’s meaning and application of the term shall
control.
B. Headings, Illustrations, and Text
In the event of a conflict or inconsistency between the text of this ordinance and any
heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other
illustrations are provided for informational purposes only and should not be relied upon as a
complete and accurate description of all applicable regulations or requirements.
C. Lists and Examples
Unless otherwise specifically indicated, lists of items or examples that use terms such as
“for example,” “including,” and “such as,” or similar language are intended to provide
examples and are not exhaustive lists of all possibilities.
D. Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and
including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or
holiday observed by the City, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the City. References to days are
calendar days unless otherwise stated.
E. References to Other Regulations/Publications
Whenever reference is made to a resolution, ordinance, statute, regulation or document, it
shall be construed as a reference to the most recent edition of such regulation, resolution,
ordinance, statute, regulation, or document, unless otherwise specifically stated.
Page 918-1
Chapter 918 Interpretation Rules for Interpretation
Page 918-2
F. Delegation of Authority
Any act authorized by this ordinance to be carried out by a specific official or department of
the City may be carried out by a professional-level designee of such official or department.
G. Technical and Non-Technical Terms
Words and phrases shall be construed according to the common and approved usage of the
language, but technical words and phrases that may have acquired a peculiar and
appropriate meaning in law shall be construed and understood according to such meaning.
The words “business” and commercial” may be used interchangeably.
H. Public Officials and Agencies
All public officials, bodies, and agencies to which references are made are those of the City
of Little Canada, unless otherwise indicated.
I. Mandatory and Discretionary Terms
The words “shall,” “must,” and “will” are mandatory in nature, establishing an obligation or
duty to comply with the particular provision. The words “may” and “should” are permissive
in nature.
J. Conjunctions
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as
follows:
1. “And” indicates that all connected items, conditions, provisions or events apply; and
2. “Or” indicates that one or more of the connected items, conditions, provisions, or
events apply.
K. Tenses, Plurals, and Gender
1. Words used in the present tense include the future tense.
2. Words used in the singular number include the plural number and the plural number
includes the singular number, unless the context of the particular usage clearly
indicates otherwise.
3. Words used in the masculine gender include the feminine gender, and vice versa.
L. Terms Not Defined
If a term used in this Ordinance is not defined in this Chapter, the Community Development
Department shall have the authority to provide a definition based upon the definitions used
in accepted sources including but not limited to: A Planners Dictionary, A Glossary of
Zoning, Development, and Planning Terms: A Survey of Zoning Definitions, or any
standard dictionary.
918.020 Common District Requirements
The following regulations shall apply in all base zoning districts.
A. Building within Public Easements Prohibited
No permanent structure shall be built in an easement dedicated for a public purpose unless
authorized by an amendment to the easement or a license agreement issued by the
Community Development Department.
Chapter 918 Interpretation
B. Protection of Future Streets
No building shall be so placed so that it obstructs future streets which may be constructed
by the City in conformity with existing streets and according to the system and standards
employed by the City.
C. Outlots
No building permit or grading permit can be issued for a parcel of land designated in a plat
as an outlot unless specifically authorized by the City Council.
D. Principal Buildings on a Parcel
Normally, only one principal building is allowed on each land parcel. However, more than
one principal building may be allowed on a platted lot if:
1. The buildings are closely equivalent in size and importance and
2. They are all approved and remain under the same ownership or
3. The parcel is platted as a Common Interest Community per MS 515B.2-1101.
4. The parcel is platted as a planned-unit development.
918.030 Lot and Parcel Controls
A. Survey Required
Any person desiring to improve property shall submit to the Building Official a survey of
said premises and information on the location and dimensions of existing and proposed
buildings, location of easements crossing the property, encroachments, and any other
information which may be necessary to insure conformance to City Codes.
B. Zoning Lots
No part of an existing zoning lot shall be used as a separate zoning lot or for the use of
another zoning lot, except as otherwise provided in this ordinance.
C. Minimum Lot Area
Lot area requirements shall be as specified in the applicable zoning district in which a
zoning lot is located. No yard or lot existing at the time of passage of this ordinance shall
be reduced in size or area below the minimum requirements identified within this
ordinance.
D. Street Frontage
Each lot shall have frontage on a public street at a width satisfying the requirements
specified for each zoning district. In the case of a condominium, unified shopping center, or
planned unit development, the entire site shall be considered one zoning lot.
E. Common Yard and Height Requirements
1. In General
a. Unless otherwise authorized by variance, administrative adjustment or PUD, no
lot, yard, or open space shall be reduced in area or dimension so as to make
such lot, yard, or open space less than the minimum required by this ordinance;
and if the existing yard or other open space as existing is less than the minimum
required, it shall not be further reduced.
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Chapter 918 Interpretation Lot and Parcel Controls
Page 918-4
b. A yard or other open area required about a building shall not be included as part
of a yard or other open space for another building.
F. Division of a Zoning Lot
No zoning lot shall be divided into two (2) or more zoning lots unless all zoning lots
resulting from such division conform to all applicable regulations of this ordinance.
G. Existing Lots
1. A lot or parcel of land in a residential district which was of record as a separate lot or
parcel in the Office of the County Recorder or Registrar of Titles on or before the
date of adoption of this chapter may be used for single-family detached dwelling
purposes provided the area and width are within 66 percent of the minimum
requirements of this chapter and provided that it can be demonstrated that safe and
adequate sewage treatment systems can be installed to serve the permanent dwelling.
2. In the Shoreland Overlay Zoning District, lots of record in the Office of the County
Recorder on the date of enactment of local shoreland controls that do not meet the
requirements of Chapter 910, Shoreland Overlay District, may be allowed as building
sites without variances from lot size requirements provided:
a. The use is permitted in the zoning district;
b. The lot has been in separate ownership from abutting lands at all times since it
became substandard;
c. The lot was created compliant with official controls in effect at the time;
d. Sewage treatment and setback requirements of this chapter are met;
e. Impervious surface coverage does not exceed 25 percent of the lot.
3. In the Shoreland Overlay Zoning District, a group of two or more contiguous lots of
record under a common ownership, an individual lot must be considered as a separate
parcel of land for the purpose of sale or development, if it meets the following
requirements:
a. The lot must be at least 66 percent of the dimensional standard for lot width and
lot size for the shoreland classification consistent with Minn. Rules, Ch. 6120;
b. The lot must be connected to safe and adequate sewage treatment;
c. Impervious surface coverage must not exceed 25 percent of each lot; and
d. Development of the lot must be consistent with an adopted comprehensive plan.
4. A lot subject to sub-section (C), above, not meeting the requirements of sub-section
(C) must be combined with the one or more contiguous lots so they equal one or
more conforming lots as much as possible.
5. Notwithstanding sub-section (C), contiguous non-conforming lots of record in
shoreland areas under a common ownership must be able to be sold individually if
each lot contained a habitable dwelling at the time the lots came under common
ownership and the lots are connected to safe and adequate sewage treatment.
6. In the Shoreland Overlay Zoning District, when evaluating variances, zoning and
building permit applications or conditional use requests, the zoning authority shall
require the property owner to address, when appropriate, storm water runoff,
Encroachments Chapter 918 Interpretation
impervious surfaces, increased setback, wetland restoration, vegetative buffers,
sewage treatment and water supply, and other conservation actions.
7. A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment requirements
of the zoning district for a new lot and the newly created parcel is combined with an
adjacent parcel.
H. Corner Lots
On a corner lot, one of the lot lines that abuts the street shall be considered a front lot line
and the other shall be considered a corner side lot line. Establishment of the front lot line
shall be based on the orientation of the existing or proposed building.
I. Through Lots
On a through lot, both lot lines that abut the street shall be considered front lot lines. The
required front setback shall be provided and maintained along each front lot line.
918.040 Encroachments Allowed into Required Setback Areas
The following shall be considered as permitted encroachments on setback and height
requirements except as provided in this chapter.
A. In Any Yard
Off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves,
gutters, awnings, patios and open terraces that do not rise more than 1 foot above the
ground, service station pump islands, open canopies between principal and accessory
buildings, steps, access ramps for handicapped persons, chimneys, antennas mounted on
buildings, flag poles, posts, mail boxes, “Little Free Libraries,” ornamental features, open
fire escapes, sidewalks and fences and all other similar devices incidental and appurtenant
to the principal structure except as hereinafter amended.
B. Front Porches
A covered front porch or a covered front stoop, with a lateral enclosure of not more than a
balustrade, may encroach into the front yard by up to 6 feet.
C. Features Taller than 1 Foot above Grade
Extensions of decks more than 1 foot above grade, balconies and eaves and shall not extend
over minimum side or rear setback lines or over driveways, however, encroachments on the
front and rear yard setbacks are permitted as follows:
1. Front yard setback: An encroachment into the front yard setback equal to 10 percent
of the minimum front setback required for the underlying zoning district.
2. Rear yard setback: These features must be located at least 20 feet from the rear
property line.
918.050 Height Limits and Exceptions
A. In General
The total height of any structure shall not exceed the maximum height limit established for
the applicable zoning district unless expressly stated otherwise in this ordinance.
B. Exceptions
Height limits shall not apply to chimneys, church spires, belfries, cooling towers, cupolas
Page 918-5
Chapter 918 Rules and Definitions Rules of Measurement
and domes which do not contain useable space, elevator penthouses, fire escapes or roof
access stairways, flag poles, mechanical equipment required to operate and maintain the
building, monuments, parapet walls extending not more than 3 feet above the limiting height
of the building, rooftop dish antennas, skylights, water towers, wind electrical generators,
telecommunication towers or similar appurtenances, provided:
1. The appurtenance does not interfere with Federal Aviation Regulations, Part 77,
Objects Affecting Navigable Airspace;
2. The appurtenance does not extend more than 25 feet above the maximum permitted
building height, except as specifically allowed by this ordinance;
3. The appurtenance does not exceed a maximum height of 200 feet above grade;
4. The appurtenance is not constructed for the purpose of providing additional floor area
in the building; and
5. The appurtenance complies with the screening requirements for mechanical
equipment and appurtenances in this ordinance.
918.060 Rules of Measurement
A. Measurements, Generally
1. Purpose
The purpose of this section is to clarify the rules of measurement and exemptions that
apply to all principal and accessory uses allowed in this ordinance. These standards
may be modified by other applicable sections of this ordinance.
2. Distance Measurements, Generally
Unless stated otherwise, all distances are in feet or square feet. Unless otherwise
expressly stated, distances specified in this ordinance are to be measured as the length
of an imaginary straight line joining those points.
3. Lots
a. Average Lot Size:
The mean lot size for all lots being platted.
b. Average Lot Width:
The mean lot width for all lots being platted.
c. Lot Area:
The amount of land area, measured horizontally, included within the lines of a
lot. Lands located within any private easements shall be included within the lot
area. Public rights-of-way and areas below the ordinary high-water (OHW) mark
for water features are not to be included in calculating lot area, except where
specifically allowed by this ordinance. The terms “lot size” and “lot area” shall
be interchangeable.
d. Lot Coverage:
Lot coverage shall be calculated as the total horizontal surface area of impervious
surface on a given lot.
Page 918-6
Rules of Measurement Chapter 918 Rules and Definitions
e. Lot Depth:
Lot depth shall be determined by a straight line connecting the midpoint of the
front lot line to the midpoint of the rear lot line, or to the rear most point of the
lot when there is no rear lot line (see Figure 918-1 for examples).
Figure 918-1 depicts the midpoints of the front and rear lot lines in three instances.
Lot depth is measured by connecting a straight line between the midpoints of the front
and rear lot lines, as shown. When there is no rear lot line, as in Example “C,” the
depth is measured to the rear-most point of the lot from the front lot line.
f. Lot or Street Frontage:
In the case of a building lot abutting upon only one street, the frontage line is the
line parallel to and common with the right-of-way. In the case of a corner lot, that
part of the building lot having the narrowest frontage on any street shall be
considered the frontage line. For the purpose of determining yard requirements
on corner lots and double frontage lots, all sides of a lot adjacent to streets shall
be considered frontage, and yards shall be provided as required in this ordinance.
g. Lot Line
1. Corner Side Lot Line
The corner side lot line is a side lot line that abuts a street or other right- of-
way.
2. Front Lot Line
The front lot line is the line connecting the two side lot lines along the edge
of the street that provides a lot’s street address or that opposes the primary
entrance of a building.
3. Rear Lot Line
The rear lot line is the line connecting the two side lot lines along the edge
of the lot opposite from the front line.
4. Side Lot Line
The side lot line is the lot line connecting the front and rear lot lines
regardless of whether it abuts a right-of-way or another lot line.
Page 918-7
Chapter 918 Rules and Definitions Rules of Measurement
Figure 918-2: Yards, Lot Lines and Building Lines
h. Lot Types
1. Base Lot
A contiguous parcel of land in identical ownership throughout, bounded by
other lots or streets, and used or set aside and available for use as the site of
one or more buildings or other definite purpose. References to “lot” within
this ordinance are synonymous with “base lot.”
2. Corner Lot
A lot located at the intersection of two or more streets (other than alleys),
regardless of whether or not such streets intersect at right angles.
3. Cul-de-Sac Lot
A lot located on the head or turn around of a cul-de-sac with side lot lines on
a tangent to the arc of the right-of-way.
4. Double Frontage Lot
A lot other than a corner lot with frontage on more than one street other than
an alley.
5. Flag Lot
An “L-shaped” lot on which the front lot line is narrower than the minimum
required and is narrower than the portion of the lot that does not abut the public
street. Flag lots are not allowed except by variance, administrative adjustment
or planned-unit development.
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Rules of Measurement Chapter 918 Rules and Definitions
Page 918-9
6. Interior Lot
A lot other than a corner lot with only one frontage on a street other than an
alley.
7. Unit Lot
A specialized lot created within a base lot simply for the purpose of defining
ownership for certain multi family dwelling types.
i. Lot Width
1. Lot width shall be determined by a straight line connecting the end points
determined by the intersection of the side lot lines and the required front
yard setback.
2. The width of a corner lot shall be calculated from the side with the least
frontage on a right-of-way.
Figure 918-4: The gray lines in Figure 918-4 run along the required front yard setbacks. The
width of a lot is determined by a straight line connecting the points where the front setback line
tersects the side lot lines. In the case of Example C, a corner lot with a front and a corner-sid
setback, the width is measured along the narrower street because the front lot is defined as
being along the narrower side.
in e
Figure 918-3: Types of Lots
Chapter 918 Rules and Definitions Rules of Measurement
B. General Lot Requirements
1. Construction of More Than One Principal Structure on a Platted Lot
Whenever any land is subdivided, a building permit for the construction of a building
or other principal structure (excluding buildings under common ownership or unified
control) shall not be issued unless the land is subdivided in accordance with the
procedures and standards of this Ordinance.
2. Any newly annexed, unplatted property shall be platted in accordance with the
provisions and standards of this Ordinance before it is developed.
For the purposes of this chapter, the term “developed” is defined as any construction
activity requiring the installation of public improvements or any construction activity
requiring a building permit except for: decks, driveways, fences, accessory structures
less than 700 square feet in area, residential additions greater than 1,500 square feet
in floor area, and commercial or industrial expansion less than 10,000 square feet in
floor area.
3. Lots Divided by Zoning District Lines
Whenever a single lot is located within two or more different zoning districts, each
portion of that lot shall be subject to all the regulations applicable to the district in
which it is located.
C. Required Yards
1. Definitions that Pertain to Measurements
a. Accessory Structure Yard
The minimum yard requirement between a lot line and an allowable accessory
structure.
b. Building Line
A line formed by the face of a building which is used to establish the yards
around a building or structure.
c. Build-to Line
A line with which the majority of an exterior wall of a building is required to
coincide.
d. Right-of-Way (ROW)
Land dedicated, deeded, used, or to be used for a street, road, alley, pedestrian
way, crosswalk, bikeway, drainage facility, or other public uses, wherein the
owner gives up rights to the land so long as it is being or will be used for the
dedicated purpose.
e. Setback Line
A line located at the inside edge of a required front, side, or rear yard. Exterior
building walls may not encroach into the required yard beyond the building
setback line. Portions of a building, (e.g., an overhang, eave, entry stairs, bay
windows, foundation planters, etc.) may encroach into a required yard as allowed
in Allowable Yard Encroachments.
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Rules of Measurement Chapter 918 Rules and Definitions
f. Yard
A required open area unoccupied and unobstructed by any building or by any
structure or portion of a structure except as allowed by this ordinance. Fences,
walls, and incidental structures (e.g., flagpoles, birdhouses or feeders, clothesline
posts, etc.) may be permitted within a yard provided the structures do not
interfere with corner visibility.
g. Yard Types
1. Corner Side Yard
A side yard extending between the front and rear lot lines parallel to an abutting
street or right-of-way.
2. Front Yard
A yard extending between side lot lines across the front of a lot between the front
lot line and the front building line.
3. Rear Yard
A yard extending across the rear of the lot between the rear lot line and the rear
building line. In the case of double frontage lots, there is no rear yard, and the
requirements for the front yard shall apply to the front and rear.
4. Side Yard
A yard extending from the front building line to rear building line. In the case of
double frontage lots, the side yard extends from the front building line to the
opposing building line associated with the other yard.
5. Zero Side Lot Line
A condition where no side yard is provided between two or more distinct
dwelling units sharing a party wall (e.g., townhouse, duplex, attached residential,
etc.).
D. Front Setback in the R-1 and R-2 Districts
The front setback in the R-1 and R-2 Districts shall be a build-to line. All other setbacks
shall be minimum setbacks.
E. Bulk
1. Building Coverage
Building coverage is a measure of intensity of a use of land that represents the portion
of a site that is covered by building footprint, as well as attached porches, decks, and
balconies. Building coverage does not include driveways, streets, sidewalks, and any
other areas covered by an impervious surface material, including areas of outdoor
storage.
2. Building Size
Building size is the total floor area located inside exterior walls and covered by a roof.
3. District Size
The minimum size, in acres, of a base or overlay zoning district, including streets,
rights-of-way, and open space areas, but excluding unbuildable lands.
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Chapter 918 Rules and Definitions Rules of Measurement
Page 918-12
4. Floor Area
The sum of the gross horizontal areas of the floors of a building measured from the
exterior faces of the exterior walls or from the centerline of walls separating two
buildings, and excluding the following:
a. Attic areas with a headroom of less than seven feet;
b. Unenclosed stairs or fire escapes;
c. Elevator structures;
d. Cooling towers;
e. Areas devoted to machinery and equipment for air conditioning, ventilation,
heating, and other similar building service needs;
f. Structured parking; and
g. Basement space not used for retailing activities, the production or processing of
goods, or for business or professional offices.
F. Height
1. Building Height
The vertical distance from the natural grade measured either at the curb level or at a
point 10 feet away from the front center of the structure or building, whichever is
closer, to the top of the highest point of the roof on a flat or shed roof, the deck line
on a mansard roof, or to the uppermost point of all other roof types.
2. Building Story
a. The space between the surface of any floor and the surface of the next floor
above it; or if there is no floor above it, the space between the floor surface and
the top of the ceiling joists or roof rafters above it. Typically, story height in a
residential structure is nine feet per story, and story height in a non-residential
structure is twelve feet per story.
b. If the finished floor level directly above a basement or cellar or unused under-
floor space is more than six (6) feet above the grade as defined herein for more
than fifty (50) percent of the total perimeter or is more than twelve (12) feet
above grade as defined herein at any point, such basement, cellar, or unused
under-floor space shall be considered as a story.
3. Fence and Wall Height
Fence and wall heights are to be measured from the adjoining average grade. In the
case of grade separation such as the division of properties by a retaining wall, the
height shall be determined on the basis of measurement from the average point
between the highest and lowest grade.
4. Garage Side Wall Height. The height of a garage side wall is measured from the top of the
concrete slab to the top of the top plate.
5. Grade
Grade means the level of the finished ground surface immediately adjacent to the
exterior walls of a building.
Page 919-1
CHAPTER 919 DEFINITIONS
The following words and terms, wherever they occur in this ordinance, shall be interpreted as
follows. Words not listed in this chapter shall be defined according to their dictionary meaning.
Accessory: A use, activity, structure, or part of a structure that is subordinate and incidental to the
main activity or structure on the site.
Accessory Structure or Use: A structure or portion of a structure subordinate to and serving the
principle use structure on the same lot and customarily incidental hereto.
Adult Uses: Adult uses include adult book stores, adult motion picture theaters, adult mini-
motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult
companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult
cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult
hotels/motels, adult body painting studios, and other premises, enterprises, establishments,
businesses or places open to some or all members of the public, at or in which there is an
emphasis on the presentation, display, depiction or description of "specified sexual activities" or
"specified anatomical areas" which are capable of being seen by members of the public.
Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included.
Adult Use – Accessory: The offering of goods and/or services which are classified as adult uses
on a limited scale and which are incidental to the primary activity and goods and/or services
offered by the establishment. Examples of such items include adult magazines, adult movies,
adult novelties, and the like.
Adult Uses – Principal: The offering of goods and/or services which are classified as adult uses
as a primary or sole activity of a business or establishment and include, but are not limited to, the
following:
A. Adult Use - Body Painting Studio. An establishment or business which provides the service
of applying paint or other substance, whether transparent or non-transparent, to or on the
body of a patron when such body is wholly or partially nude in terms of "specified
anatomical areas".
B. Adult Use - Bookstore. A building or portion of a building used for the barter, rental or sale
of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or
motion picture film if such building or portion of a building is not open to the public
generally but only to one or more classes of the public excluding any minor by reason of
age or if a substantial or significant portion of such items are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual activities" or "specified
anatomical areas".
C. Adult Use - Cabaret. A building or portion of a building used for providing dancing or
other live entertainment, if such building or portion of a building excludes minors by virtue
of age or if such dancing or other live entertainment is distinguished or characterized by an
emphasis on the presentation, display, depiction or description of "specified sexual
activities" or "specified anatomical areas".
D. Adult Use - Companionship Establishment. A companionship establishment which
excludes minors by reason of age, or which provides the service of engaging in or listening
to conversation, talk or discussion between an employee of the establishment and a
Chapter 919 Definitions
Page 919-2
customer, if such service is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas".
E. Adult Use - Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by
reason of age, or which provides the service of engaging in or listening to conversation,
talk, or discussion, if such service is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas".
F. Adult Use - Health/Sport Club. A health/sport club which excludes minors by reason of
age, or if such club is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
G. Adult Use - Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors
are specifically excluded from patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas".
H. Adult Use - Massage Parlor, Health Club. A massage parlor or health club which restricts
minors by reason of age, and which provides the services of massage, if such service is
distinguished or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas".
I. Adult Use - Mini-Motion Picture Theater. A building or portion of a building with a
capacity of less than fifty (50) persons used for presenting material if such building or
portion of a building as a prevailing practice excludes minors by virtue of age, or if such
material is distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by patrons therein.
J. Adult Use - Modeling Studio. An establishment whose major business is the provision, to
customers, of figure models who are so provided with the intent of providing sexual
stimulation or sexual gratification to such customers and who engage in "specified sexual
activities" or display "specified anatomical areas" while being observed, painted, painted
upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
K. Adult Use - Motion Picture Arcade. Any place to which the public is permitted or invited
wherein coin or slug-operated or electronically, electrically or mechanically controlled or
operated still or motor picture machines, projectors or other image-producing devices are
maintained to show images to five or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by an emphasis on
depicting or describing "specified sexual activities" or "specified anatomical areas".
L. Adult Use - Motion Picture Theater. A building or portion of a building with a capacity of
50 or more persons used for presenting material if such building or portion of a building as
a prevailing practice excludes minors by virtue of age or if such material is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
M. Adult Use - Novelty Business. A business which has as a principal activity the sale of
devices which stimulate human genitals or devices which are designed for sexual
stimulation.
N. Adult Use - Sauna. A sauna which excludes minors by reason of age, or which provides a
steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing,
utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided
by the sauna is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
Chapter 919 Definitions
Page 919-3
O. Adult Use - Steam Room/Bathhouse Facility. A building or portion of a building used for
providing a steam bath or heat bathing room used for the purpose of pleasure, bathing,
relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if
such building or portion of a building restricts minors by reason of age or if the service
provided by the steam room/bathhouse facility is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas".
Adult Use -- Specified Anatomical Areas:
A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or
female breast(s) below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Adult Use -- Specified Sexual Activities:
A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of a sexual relationship, and any of the following sexually-oriented acts or conduct.
anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or
B. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
or
C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
D. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
E. Situations involving a person or persons, any of whom are nude, clad in undergarments or
in sexually revealing costumes, and who are engaged in activities involving the flagellation,
torture, fettering, binding or other physical restraint of any such person; or
F. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a
human being; or
G. Human excretion, urination, menstruation, vaginal or anal irrigation.
Animal Clinic: A business for the veterinary care of domestic pets that may include indoor
boarding of animals being treated.
Apartment Building: A building that contains several dwellings that each have access from an
interior hallway rather than a door on the exterior of the building. Each dwelling in an apartment
building is designed for habitation by one household and is equipped with its own cooking and
bathing facilities.
Automobile Repair - Major: General repair, rebuilding or reconditioning engines, motor
vehicles or trailers; body repair and painting, vehicle steam cleaning, frame and/or unibody
straightening and repair, sandblasting and/or steam cleaning, undercoating or rust proofing,
upholstery work. This business performs structural and cosmetic repairs to autos, light trucks, and
equipment of 9,000 pounds gross vehicle weight and less.
Automobile Repair - Minor: A business that performs mechanical and electrical repairs to
autos, light trucks, and equipment 9,000 pounds gross vehicle weight and less. Allowed activities
include minor repairs, incidental body and fender work, glass replacement, minor painting and
upholstering, tune ups and adjustments, replacement of parts (excluding body and frame),
rebuilding of parts or components when installation is available, wheel alignment and balancing,
Chapter 919 Definitions
Page 919-4
tire repair, radiator repair, washing, cleaning, and polishing, but specifically excluding any
operation specified or implied under the definition of "Automobile Repair - Major."
Automobile Service Station: A business that sells fuels for cars and light trucks. May include a
convenience store and/or a car wash.
Bar or Tavern: A business, other than a bottle club as defined in city Code Section 113.04, that
derives more than 50 percent of its revenue through the sale of alcohol.
Basement: Means any area of a structure, including crawl spaces, having its floor or base sub-
grade (below ground level) on all four sides, regardless of the depth of excavation below ground
level.
Bed and Breakfast Home: A private residence, generally a single-family residence, engaged in
renting one or more dwelling rooms on a daily basis to tourists, vacationers and business people,
where provision of meals is limited to breakfast for guests only.
Buildable Area: The portion of a lot remaining after required yards have been provided.
Building: A structure with a roof, intended for shelter, housing, business, or enclosure.
Building Front Facade: A building elevation which fronts on a public street, public parking lot,
private parking lot available to the general public, or pedestrian walk where customer access to a
structure is available.
Building Permit Application: A City application form accompanied by drawings that depict the
construction details for one or more proposed structures. Such drawings must conform to the
Minnesota Building Code, Electrical Code and Plumbing Code. May also include a drawing
showing the location of the building on the site and on-site improvements such as grading and
drainage.
Building, Principal: A building in which is conducted the principal use of the lot.
Business: Any establishment, occupation, employment, or enterprise where merchandise is
manufactured, exhibited, or sold, or where services are offered for compensation.
Business Day: A day on which City Hall is open.
Caliper: A horticultural method of measuring the diameter of a tree trunk for the purpose of
determining size. The caliper inches of a tree shall be determined by measuring the tree’s diameter
4 feet, 6 inches from the ground.
Cemetery: Land used or intended to be used for burying the remains of human dead and
dedicated for cemetery purposes, including mausoleums and mortuaries when operated in
conjunction with and within the boundaries of the cemetery.
Child Care Drop-In Program. As defined in Minnesota Statute 245A.02, "drop-in child care
program" means a non-residential program of child care in which children participate on a
onetime only or occasional basis up to a maximum of 90 hours per child, per month.
Church (see “Place of Public Worship”)
Clear-Cutting: The removal of an entire stand of trees.
Convenience Store: A retail store not more than 8,000 square feet in area that generally carries a
reduced inventory of items such as dairy products, snack foods, minor automobile items, groceries,
magazines, etc. A convenience store usually includes auto fuel sales but not vehicle repair. A car
wash may be allowed as an Accessory Use.
Chapter 919 Definitions
Page 919-5
Day Care of Non-Residential Care Program: Care, supervision, rehabilitation, training or
habilitation of a person provided outside the person's own home and provided for fewer than 24
hours a day, including adult day care programs. Non-residential care programs include home and
community-based services and semi-independent living services for persons with developmental
disabilities that are provided in or outside of a person's own home.
Deck: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or
other features, attached or functionally related to a principal use or site at any point extending
above grade.
Development. Any man-made change to real estate, including but not limited to construction or
reconstruction of buildings, installing manufactured homes or travel trailers, installing utilities,
construction of roads or bridges, erection of levees, walls, or fences, drilling, mining, filling,
dredging, and storage of materials.
District, Zoning: An area delineated on the official zoning map that sets forth standards and
guidelines for all development within the prescribed zoning district.
Drive-In: Any use where products and/or services are provided to the customer under
conditions where the customer does not have to leave the car or where service to the automobile
occupants is offered regardless of whether service is also provided within a building.
Drive-Up Window Service: A building opening, including windows, doors, or mechanical
devices, through which occupants of a motor vehicle receive or obtain a product or service.
Drop-In Child Care Program: As defined in Minnesota Statute 245A.02, "drop-in child care
program" means a non-residential program of child care in which children participate on a onetime
only or occasional basis up to a maximum of 90 hours per child, per month.
Dwelling: A building or portion thereof designated for residential occupancy, including one-
family, two-family, multiple family dwellings and group homes, but not including hotels, motels,
boarding houses or nursing homes.
Dwelling, Attached: A structure intended for occupancy by more than one family, including
duplexes, townhomes, multi-family dwellings and apartments. Accessory dwelling units as
defined and permitted by this ordinance are incidental to a principal dwelling unit and are not
considered to be attached dwellings.
Dwelling, Single-Family: A building designed for occupancy by one household. Must be attached
to a foundation that extends below the frost line; must have sides made of wood, brick, stone,
concrete, glass, and/or composite materials; and must conform to the standards of the Minnesota
State Building Code. May be constructed on-site or may be constructed in modules off-site and
assembled on-site. Also known as a “detached dwelling.” Includes “modular home” but not
“manufactured home” or “mobile home.” Does not include a structure subject to the
requirements of the National Manufactured Home Construction and Safety Standards Act of 1974
(HUD Code) or the Manufactured Home Building Code.
Dwelling, Multiple-Family: A building designed with 3or more dwelling units exclusively for
occupancy by 3 or more families living independently of each other but sharing hallways and main
entrances and exits.
Dwelling, Two- or Three-Family: A building designed for occupancy by two or three households
but other wise conforming to the definition of Single-Family Dwelling. May be platted into separate
ownership tracts as a zero-lot-line dwelling or through the provisions of the Minnesota Common Interest
Community Act.
Chapter 919 Definitions
Page 919-6
Dwelling Unit: An area within a structure designed and constructed to be occupied by one family
which includes permanent provisions for living, cooking, and sanitation. Dwelling unit does not
include hotels, motels, group residential facilities, correctional facilities, nursing/convalescent
home, rehabilitation centers, or other structures designed for transient residence.
Earth-Sheltered Building: A building constructed so that 50 percent or more of the completed
structure is covered with earth. Earth covering is measured from the lowest level of livable space
in residential units and of usable space in nonresidential buildings. An Earth Sheltered Building
is a complete structure that does not serve just as a foundation or substructure for above-ground
construction. A partially completed building shall not be considered an Earth Sheltered Building.
Erosion. Any process that wears away the surface of the land.
Erosion Control. Refers to methods employed to prevent erosion. Examples include soil
stabilization practices, horizontal slope grading, temporary or permanent cover, and construction
phasing.
Essential Services: Public or private utility systems for sewage, water, gas, electricity; voice,
television and digital communications systems. These services include underground, surface, and
overhead systems and all accessories thereto such as poles, towers, wires, mains, drains, vaults,
culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for the
function of the essential service. Wireless radio frequency reception and transmission antennas
and support structures shall not be considered an essential service.
Family: Two or more people related to one another by blood, marriage, domestic partnership,
adoption or legal guardianship (including foster children) that share a household, kitchen facilities
and entrances to a single dwelling unit.
Fence: A tangible barrier constructed of any allowable material erected for the purpose of
providing a boundary or as a means of protection, or to prevent uncontrolled access, or for
decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in
or on adjoining properties and streets, materials stored and operations conducted behind it
Filling: The act of depositing any rock, soil, gravel, sand, or other material so as to change the
natural grade of the land; and/or to fill or partly fill a water body, watercourse, or wetland.
Final Grade: Excavation or fill of material to final plan elevation. Final grade completed as part
of individual site development.
Final Stabilization:
A. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly
distributed, without large bare areas) perennial vegetative cover with a minimum density of
70% of approved vegetative cover for the area has been established on all unpaved areas and
areas not covered by permanent structures, or equivalent permanent stabilization measures
have been employed;
B. For individual lots in residential construction by either: (a) The homebuilder completing
final stabilization as specified above, or (b) the homebuilder establishing temporary
stabilization including perimeter controls for an individual lot prior to occupation of the
home by the homeowner and information the homeowner of the need for, and benefits of,
final stabilization.
Flood: A general and temporary condition of partial or complete inundation of normally dry land
areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of
surface waters from any source.
Chapter 919 Definitions
Page 919-7
Flood Frequency: The frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
Flood Fringe: That portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of
Little Canada.
Flood Plain or Flood Prone Area: Any land area susceptible to being inundated by water from
any source (see FLOOD).
Flood Profile: A graph or a longitudinal plot of water surface elevations of a flood event along a
reach of a stream or river.
Flood-Proofing: Any combination of structural and non-structural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Flood, Regional: A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 100-year recurrence interval. Regional flood is
synonymous with the term "base flood" used in the Flood Insurance Study.
Floodway: The bed of wetland or lake and the channel of a watercourse and those portions of the
adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
FloorArea: The sum of the gross square footage of a building measured inside its exterior walls.
Floor Area – Finished: To qualify as finished floor area, the space shall be at or above the
finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade;
must have heat; flooring such as carpet, vinyl, tile, wood or other similar floor covering; a ceiling
and walls covered with gypsum board, plaster, or wood which is stained, painted or covered with
other residential wall/ceiling covering prior to occupancy. Basements that are neither “look out”
or “walk out” levels may be finished, but shall not be counted towards a minimum finished square
footage calculation.
Funeral Home: A business that provides human funeral services, including embalming and
memorial services. Crematories and mortuaries are accessory uses to a funeral home.
Garage: An attached or detached accessory structure for the purpose of parking vehicles.
Garage Sale: The sale of miscellaneous used items commonly associated with residential use.
Garage sales shall not be for the sale of primarily a single commodity. The term “garage sale”
includes “sidewalk sale,” “yard sale,” “basement sale,” and “estate sale.”
Grading: Excavation or fill of material, including the resulting conditions thereof.
Greenhouse: A structure, primarily of glass, in which temperature and humidity can be controlled
for the cultivation or protection of plants
Group Home: A publicly- or privately-owned detached residential building, whether licensed by the
State or not, in which unrelated individuals, possibly including their children, reside up to 24 hours
per day and share facilities for cooking and laundry, for the purpose of rehabilitation or treatment. A
group home is the same as an overnight care facility.
This term does not include any type of residential or non-residential facility for persons convicted
of crimes, or for persons accused of crimes who are diverted to the facility before conviction; nor
does it include a residential facility whose primary purpose is to treat juveniles who have violated
criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of
conduct in violation of criminal statutes relating to sex offenses.
Chapter 919 Definitions
Page 919-8
Height: The purpose of determining the height limits in all Airport zones, the datum shall be mean
sea level elevation unless otherwise specified.
Heritage Preservation Site: Any area, place, building, structure, lands, districts, or other
objects, which have been duly designated heritage preservation sites by this Commission and the
City Council.
Home Occupation: An occupation carried on in a dwelling unit by the resident thereof; provided
that the use is limited in extent and incidental and secondary to the use of the dwelling unit for
residential purposes and does not change its character.
Hospital: A facility providing medical, psychiatric, or surgical services for sick or injured
persons primarily on an inpatient basis, including ancillary facilities for outpatient and emergency
treatment, diagnostic services, training, research, and administration, and services to patients,
employees, or visitors.
Hotel or Motel: Hotel and Motel are synonymous uses. A hotel or motel means a building or
group of buildings in which sleeping accommodations are offered to the public and intended
primarily for rental for temporary occupation by persons on an overnight basis, not including bed
and breakfast establishments or a rooming house. Such uses may include microwaves and
refrigerators for each guest unit.
Housing with Services Establishment: As defined under Minnesota Statute 144D, an
establishment providing sleeping accommodations to one or more adult residents, at least 80
percent of which are 55 years of age or older, and offering or providing for a fee one or more
regularly scheduled health-related services or two or more regularly scheduled supportive
services, whether offered or provided directly by the establishment or by another entity arranged
for by the establishment; or an establishment that registers under section MS 144D.025.
Housing with services establishment does not include:
a. A nursing home licensed under Minnesota Statute 144A;
b. A hospital, certified boarding care home, or supervised living facility licensed under
sections 144.50 to 144.56;
c. A board and lodging establishment licensed under Minnesota Statute 157 or 245B;
d. A board and lodging establishment which serves as a shelter for battered women or
other similar purpose;
e. A family adult foster care home licensed by the Department of Human Services;
f. Private homes in which the residents are related by kinship, law, or affinity with the
providers of services;
g. Residential settings for persons with developmental disabilities in which the services
are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140;
h. A home-sharing arrangement such as when an elderly or disabled person or single-
parent family makes lodging in a private residence available to another person in
exchange for services or rent, or both;
i. A duly organized condominium, cooperative, common interest community, or owners'
association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by
individuals who are the owners, members, or shareholders of the units; or
j. Services for persons with developmental disabilities that are provided under Minnesota
Statute 245B.
Household: Any number of individuals living together on the premises as a single housekeeping
unit, as distinguished from a group occupying a boarding house, lodging house or hotel as defined
herein. A family is a household but not every household is a family.
Chapter 919 Definitions
Page 919-9
Impervious Surface: The area of a lot occupied by a constructed hard surface that either
prevents or retards the entry of water into the soil and causes water to run off the surface in greater
quantities and at an increased rate of flow than prior to development. Examples include but are
not limited to decks with one-fourth (1/4) inch spacing or less; decks with a surface underneath
that is impervious; concrete patios; bituminous patios; landscaping rocks over plastic liners; courts
(sport and tennis); sand boxes with liners; roofs; structures; paved driveways and other driveway
surfaces (crushed bituminous, concrete, gravel, other rock, packed dirt, etc); landscape beds with
linings; and concrete sidewalks. Exceptions include the following topics: wood decks with one-
fourth (1/4) inch spacing or more with pervious material underneath the deck; driveway and
sidewalks constructed of pavers provided proof of proper installation is provided; wood chip
sidewalks; and retaining walls.
Kennel, Commercial: A business for boarding, breeding, raising, grooming, selling, training or
other animal husbandry for dogs, cats or other domestic animals.
Land Reclamation: The reclaiming of land by the importation, depositing, or grading of soils in
excess of 400 cubic yards so as to elevate the grade.
Landscaping / Nursery Business: A retail business devoted to the growth, display, and/or sale of
plants, shrubs, trees; and/or landscaping materials and services.
Little Free Library: A weather-resistant box with a door, used as an informal book donation
and lending device, mounted on a post and installed in a yard.
Lot of Record: A parcel of land, whether subdivided or otherwise legally described, as of the
effective date of this ordinance, or approved by the City as a lot subsequent to such date and which
is occupied by or intended for occupancy by one principal building or principal use together with
any accessory buildings and such open spaces as required by this ordinance and having its
principal frontage upon a street.
Lot: Land occupied or to be occupied by a building and its accessory buildings, together with
such open spaces as are required under the provisions of this zoning regulation, having not less
than the minimum area required by this zoning ordinance for a building site in the district in which
such lot is situated and having its principal frontage on a street or a proposed street approved by
the Council.
Lot Line, Front: A boundary of a recorded land parcel that runs along an existing or
dedicated public street but not an alley. If the lot is at the intersection of two streets, the
shorter of the two exterior lot lines is the front lot line.
Lot, Substandard: A lot or parcel of land for which a deed has been recorded in the
Office of the County Recorder upon or prior to the effective date of this chapter which does
not meet the minimum lot area, structure setbacks or other dimensional standards of this
chapter.
Manufactured (Mobile) Home: A structure transportable in one or more sections which in the
traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected
on site, is 320 or more square feet and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in
it, and which complies with the Manufactured Home Building Code.
Manufactured Home Community: A contiguous parcel of land which has been designed and
developed for the placement of manufactured homes on a permanent basis.
Chapter 919 Definitions
Page 919-10
Mean Ground Level: The elevation established for the purpose of regulating the number of
stories and the height of buildings. Grade shall be the mean level of the finished surface of the
ground adjacent to the exterior walls of the buildings.
Metes and Bounds: A method of property description by means of their direction and distance
from an easily identifiable point.
Mobile Home. See Manufactured Home.
Modular Home: A non-mobile housing unit that is basically fabricated at a central factory and
transported to a building site where final installations are made, permanently affixing the module
to the site.
Motor Home: "Motor home" means a motor vehicle designed to provide temporary living
quarters. A motor home has a living unit built into, integral to, or permanently or temporarily
attached to the chassis of a motor vehicle. This includes a sleeping unit added to the bed of a
pick-up truck. “Motor home” is also defined in Statute 168.002, Subdivision 17.
National Pollutant Discharge Elimination System (NPDES): The program for issuing,
modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean
Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title
33, Sections 1317, 1328, 1342, and 1345.
New Construction: For the purposes of determining insurance rates, structures for which the
start of construction commenced on or after the effective date of an initial Flood Insurance Rate
map or after December 31, 1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, “new construction” means structures for
which the start of construction commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent improvements to
such structures.
Non-Conforming Building or Structure: A structure or building, the size, dimensions, or
location of which was lawful prior to [effective date of this ordinance] or on the effective date of
any amendment to this ordinance, but that fails by reason of such adoption or amendment to
conform to the requirements of this ordinance.
Non-Conforming Use: Any use lawfully being made of any land, building, or structure not
otherwise abandoned, existing on [effective date of this ordinance] or on the effective date of any
amendment of this Ordinance, that does not comply with the use regulations of this Ordinance or
the amendment.
Nursing Home: A facility that provides nursing services and custodial care on a 24-hour basis for
two or more unrelated individuals outside of their homes, who for reasons of illness, physical
infirmity or advanced age, require such services, but not including hospitals, clinics or similar
institutions.
Obstruction: (in relation to flood plains): Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or
regulatory flood plain which may impede, retard, or change the direction of the flow of water,
either in itself or by catching or collecting debris carried by such water.
Office: A building that provides work space for professional, financial, administrative, clerical,
and similar services. Also known as an “office building.”
Chapter 919 Definitions
Page 919-11
Office-Showroom Building: A building in which at least 20 percent of the floor space is
devoted to office activities, the remainder being used for either warehousing, display, light
manufacturing, or research and testing. Floor to ceiling joist heights in the warehouse would be
not more than 14 feet.
Office-Warehouse Building: An industrial building that is primarily devoted to the
temporary storage and distribution of goods but includes a small percentage of its space for
office work related to the warehouse. Floor to ceiling joist heights in the warehouse would
exceed 14 feet.
On-Site Waste Water Management System: A septic tank and soil absorption system or other
individual or cluster type sewage treatment system.
Open Space: An area on a lot not occupied by any structure or impervious surface.
Ordinary High Water: The boundary of public waters which may include wetlands, and shall
be an elevation delineating the highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape, commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses,
the ordinary high-water level is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal
summer pool.
Outdoor Storage: The keeping, in an un-roofed area, of any goods, junk, material, merchandise,
or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles
for sale in a new or used car sales lot. Such activities may be the principal use of the land or as an
accessory use to another principal use.
Overnight Care Facility: See Group Home.
Park: Land and related buildings owned by the government for public recreation.
Parking: The act of keeping a passenger vehicle as defined herein on an approved parking space,
properly surfaced, for a temporary period of time. (new off-road parking definition)
Parking Island: Landscaped areas within parking lots used to separate parking areas and to
soften the overall visual impact of a large parking area from adjacent properties.
Paved: A parking space or storage space which is surfaced with only the following materials:
Asphalt, concrete, and natural or man-made paving stones such as brick, granite, or concrete
pavers, provided such pavers have a flat surface area of no less than nine square inches. (new off-
road parking definition)
Performance Standard: Criterion established to control and limit the impacts generated by, or
inherent in, uses of land or buildings. The term “performance standard” shall be synonymous with
“finishing standard.”
Permanent Cover: Final site stabilization. Examples include grass, gravel, asphalt, and
concrete.
Permitted Use: A use which may be lawfully established in a particular district or districts,
provided it conforms with all requirements, regulations, and performance standards (if any) of
such districts.
Person: Includes any individuals, corporation, partnership, association, or any other entity,
including state and local governments and agencies.
Chapter 919 Definitions
Page 919-12
Personal Services: Establishments that primarily engage in providing services generally
involving the care of the person or person’s possessions. Personal services may include but are
not limited to: laundry and dry-cleaning services, barber shops, beauty salons, health and fitness
studios, music schools, informational and instructional services, tanning salons, and portrait
studios.
Place of Public Worship: A building, together with its accessory buildings and uses, where
people regularly assemble for religious worship and which building, together with its accessory
buildings and uses, is maintained and controlled by a religious body organized to sustain public
worship.
Public Waters: Any waters as defined in Minnesota Statutes, section 103G.005, Subd. 15, 15a.
Reach: (in relation to flood plains): A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or man-made obstruction. In an urban area,
the segment of a stream or river between two consecutive bridge crossings would most typically
constitute a reach.
Recycling and Salvage Center: A facility engaged solely in the storage, processing, resale, or
reuse of recyclable and recovered materials.
Recreational Camping Vehicle: As defined in Statute 327.14, Subd. 7, (a) any vehicular, portable
structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and
vacation uses; (b) any structure designed to be mounted on a truck chassis for use as a temporary
dwelling for travel, recreation, and vacation; (c) any portable, temporary dwelling to be used for travel,
recreation, and vacation, constructed as an integral part of a self-propelled vehicle; and (d) any folding
structure, mounted on wheels and designed for travel, recreation, and vacation use. See also Motor
Home.
Registered Land Survey: A survey map of registered land designed to simplify a complicated
metes and bounds description, designating the same into a tract or tracts by registered land survey
number. (M.S. § 508.47)
Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the flood plain that result from designation of a
floodway.
Residential Care Program or Facility: A program that provides 24-hours-per-day care, supervision,
food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home,
including a program in an intermediate care facility for four or more persons with developmental
disabilities. Residential programs include home and community-based services for persons with
developmental disabilities that are provided in or outside of a person's own home.
This term does not include any type of residential facility for persons convicted of crimes, or for
persons accused of crimes who are diverted to the facility before conviction; nor does it include a
residential facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses.
Residential Specialty Shops: Antiques and collectibles shops, including rare coin and rare book
dealers; art, craft and hobby shops, including instruction; gifts, novelty and souvenir shops;
interior decorating studios; jewelry shops; tailoring and custom clothing shops; tea rooms.
Chapter 919 Definitions
Page 919-13
Restaurant: A business where meals or prepared food, including beverages and confections, are
served to customers for consumption on or off the premises. Such a facility may include indoor
and outdoor seating and/or drive through services. At least 50 percent of the gross revenue shall
be obtained directly through the sale of food.
Restaurant, Convenience Food: A restaurant in which customers place orders at a counter and
the meal is typically delivered before they sit at a table. These facilities often include drive-up
window service.
Restaurant, Drive-In Service. A restaurant in which customers stay in their cars and are served
food in the parking lot. Commonly known as a “drive-in.”
Retail Business: An establishment primarily engaged in the sale of goods and materials to the
general public not otherwise specifically defined in code.
Root Zone: The area inside the drip line of a tree that contains its roots.
Runway: Any surface of the airport which is specifically designated and used for the landing
and/or take-off of aircraft.
Salvage Yard, Vehicle: A business in which inoperable motor vehicles are stored outdoors
while they await dismantling, crushing or stripping for parts.
Sanitary Sewer System: Pipelines or conduits, pumping stations, and force main, and all other
construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste
or other wastes to a point of ultimate disposal.
Sediment Control: Measures and methods employed to prevent sediment from leaving the site.
Sediment control practices include but are not limited to silt fences, sediment traps, earth dikes,
drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection,
and temporary or permanent sedimentation basins.
Self-Storage Facility: A building or group of buildings that contains equal or varying sizes of
individual, compartmentalized, and controlled access stalls or lockers for the storage of residential
or commercial customer’s goods or wares.
Semi-Public Use: The use of land by a private, nonprofit organization to provide a public service
that is ordinarily open to some persons outside the regular constituency of the organization.
Seniors Housing: A multiple-family structure or cluster of detached single-family structures
designed for and restricted to occupants who are at least 55 years of age. The facility may include
common areas for the congregation of occupants for activities or meals. The facility may include
independent living, assisted living and/or memory care housing and related facilities.
Setback: The horizontal distance between a structure and the perimeter of the parcel on which it is
located. A setback is a minimum distance and not the same as a Build-to Line, but houses along a
street are expected to match the average of adjacent houses’ front yard setbacks.
Shore Impact Zone: Land located between the ordinary high water level of a public water and a
line parallel to it at a setback of 50 percent of the structure setback.
Shoreland: Land located within the following distance from public waters: 1,000 feet from the
ordinary high-water level of a lake, pond or flowage; and 300 feet from a river or stream, or the
landward extent of a floodplain designated by ordinance on a river or stream, whichever is
greater. The limits of Shorelands may be reduced whenever the waters involved are bounded by
topographic divides which extend landward from the waters or lesser distances and when
approved by the Commissioner.
Chapter 919 Definitions
Page 919-14
Site Plan: A scaled drawing that depicts existing and proposed physical improvements including
parcel boundaries, easements, topography, natural features and nearby off-site conditions.
Usually submitted to the City as part of an application for a land development or a building
permit.
Sketch Plan: An informal drawing, not submitted as an application, that depicts a potential site
plan or plat, used by applicants for preliminary discussions and reviews with City staff.
Slope: Means the degree of deviation of surface from the horizontal, usually expressed in percent
or degrees.
Solar Energy System: A set of devices whose primary purpose is to collect solar energy and
convert and store it for useful purposes including heating and cooling buildings or other energy-
using processes, or to produce generated power by means of any combination of collecting,
transferring, or converting solar-generated energy.
Special Flood Hazard Area: The land in the floodplain within a community subject to a 1% or
greater chance of flooding in any given year. The area may be designated as Zone A on the
FHBM. After detailed ratemaking has been completed in preparation for publication of the flood
insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR,
AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these
regulations, the term Special Flood Hazard Area is synonymous in meaning with the phrase Area
of Special Flood Hazard.
Stabilization: The exposed ground surface has been covered by appropriate materials such as
mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from
occurring. Grass seeding is not stabilization.
Start of Construction: The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, excavation and filling.
Steep Slope: Land where agricultural activity or development is either not recommended or
described as poorly suited due to slope steepness and the site’s soil characteristics, as mapped and
described in available county soil surveys or other technical reports, unless appropriate design and
construction techniques and farming practices are used in accordance with the provisions of this
ordinance. Where specific information is not available, steep slopes are lands having average
slopes over 12 percent, as measured over horizontal distances of 50 feet or more, which are not
bluffs.
Storm Shelter: An accessory building specifically designed and used for the protection of life
from weather events.
Storm Water: Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation runoff,
storm water runoff, snow melt runoff, and any other surface runoff and drainage.
Storm Water Pollution Prevention Program (SWPPP): A program for managing and reducing
storm water discharge that includes erosion prevention measures and sediment controls that, when
implemented, will decrease soil erosion on a parcel of land and decrease off-site non-point
pollution.
Stormwater Treatment Practices: Measures, either structural or nonstructural, that are
determined to be the most effective and practical means of preventing or reducing point source or
non-point-source pollution inputs to stormwater runoff and water bodies.
Story: That portion of a building included beneath the upper surface of a floor and upper
surface of the floor next above, or 14 feet, whichever is less, except that the topmost story
shall be that portion of a building included between the upper surface of the topmost floor
and the ceiling or roof above. If the finished floor level directly above a basement or cellar,
Chapter 919 Definitions
Page 919-15
or unused under floor space is more than 6 feet above grade, more than 50 percent of the
total perimeter, or is more than 12 feet above grade at any point, such basement, cellar, or
unused under floor space shall be considered a story.
Structure: Anything constructed, installed, or portable, the use of which requires a location on a
parcel of land. This includes a fixed or movable building which can be used for residential,
business, commercial, or office purposes, either temporarily or permanently. "Structure" also
includes, but is not limited to, swimming pools, tennis courts, signs, sheds, docks, and similar
accessory construction. For floodplain management purposes, a walled and roofed building,
including gas or liquid storage tanks, that is principally above ground. The term includes
recreational vehicles and travel trailers on site for more than 180 days. For floodplain
management purposes, a walled and roofed building, including gas or liquid storage tanks, that is
principally above ground.
Structure, Permanent: A structure that is attached to frost-free footings.
Subdivision: Any real estate, wherever located, improved or unimproved, which is divided or
proposed to be divided for the purpose of sale or lease, including sales or leases of any timeshare
interest, unit in a common interest community, or similar interest in real estate.
Substantial Improvement:
1. Any repair, reconstruction or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged, and is being restored, before the damage
occurred.
2. For the purposes of this definition, “Substantial Improvement” is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure
regardless of the actual work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
Surface Water: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage
systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or
private.
Swimming Pool: A structure, whether above or below grade level, designed to hold water more
than 24 inches deep to be used for recreational purposes
Tea Room: The serving of limited food and beverage items that do not involve the preparation
by cooking or processing on the premises.
Telecommunications Tower: Any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas.
Townhouse: A dwelling unit attached by party walls to other units and oriented so that all exits
open to the outdoors and having no other dwellings directly above or below it Sometimes known
as a row house. Arranged in structures having 3 to 12 dwelling units, which may face the same
direction or may be back-to-back. May be for-rent or for-sale.
Travel Trailer: A unit on wheels that is designed for temporary living quarters and designed to
be towed by a motor vehicle.
Chapter 919 Definitions
Page 919-16
Trash Handling and Recycling Collection Area: An area designated for the accumulation,
storage and pick-up of refuse and recyclable material associated with multi- family home sites,
civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does
not include trash and recycling containers associated with single family dwellings, or townhome
units which do not utilize a communal location for trash and recycling.
Ornamental: A small tree that has high visual impact typically grown for the beauty of its foliage
and flowers rather than its functional reasons.
Tree, Specimen: Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by this
ordinance.
Tree, Overstory: A tree that has an expected height at maturity of greater than 30 feet.
Traffic Sight Triangle: An area on the ground beginning at the intersection of the projected
curb lines of two intersecting streets, thence 25 feet along one property line, thence diagonally to
a point 25 feet from the point of beginning on the other property line, thence to the point of
beginning.
Truck or Freight Terminal: A use where buses, trucks, and cargo are stored, where loading and
unloading is carried on regularly, and where minor maintenance of these types of vehicles is
performed.
Upland: Means all lands at an elevation above the ordinary high water mark.
Use: The purpose or activity for which the land or building thereon is designated, arranged, or
intended, or for which it is occupied, utilized, or maintained, and shall include the performance of
such activity as defined by the performance standards of this ordinance.
Use, Principal: The main use of land or buildings as distinguished from subordinate or accessory
uses.
Utilities, Major: Major utilities shall include the following:
(A) Public infrastructure services providing regional or community-wide service that entail the
construction of new buildings or structures such as waste treatment plants, potable water
treatment plants, solid waste facilities, and electrical substations;
(B) Commercial wind energy conversion systems (public or private).
Variance: An exception by board action from the literal provisions of the zoning ordinance on a
case-by-case basis.
Vegetation, Native: Any indigenous tree, shrub, ground cover or other plant adapted to the soil,
climatic, and hydrographic conditions occurring on the site.
Vehicle, Emergency: For the purpose of evaluating vehicles which may be parked in residential
areas, the term emergency vehicle shall include ambulances, police and sheriff’s department
vehicles, fire protection vehicles, emergency towing vehicles, and other law enforcement vehicles.
Vehicle, Passenger: A vehicle capable of moving under its own power which is licensed and
operable for use on public roadways, and shall include the following vehicles: Passenger
automobiles, pick-up trucks and sport-utility vehicles of less than 9,000 pounds gross vehicle
weight, pick-up trucks and sport-utility vehicles of between 9,000 pounds and 13,000 pounds with
no visible commercial messages, commuter vans of a capacity up to 16 persons, and motorcycles.
Chapter 919 Definitions
Page 919-17
Vehicle, Recreational:
(A) A vehicle that is used primarily for recreational or vacation purposes, and which is licensed
and operable for use on public roadways, whether self-propelled, carried on, or towed
behind a self-propelled vehicle.
(B) Operable recreational equipment that is not licensed for used on the public roadway, but
used off-road, such as all-terrain vehicles, boats, off-road motorcycles, race vehicles,
snowmobiles, or similar equipment. Such equipment shall be properly licensed if the State
of Minnesota provides for such licensing.
(C) Licensed, operable trailers which may be used to tow recreational equipment, whether such
trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with
recreational equipment, such trailer and equipment shall be considered to be one piece of
equipment for the purposes of this section
Vehicle, Large Commercial: A vehicle used for commercial purposes which is a semi-tractor
and/or semi-trailer, dump truck, or any other commercial vehicle that does not qualify under the
definition of a “Small Commercial Vehicle.
Vehicle, Small Commercial: A vehicle used primarily for commercial purposes, including pick-
up trucks and sport-utility vehicles larger than 9,000 pounds gross vehicle weight, but less than
13,000 pounds gross vehicle weight which display a commercial business message, and all other
commercial vans or trucks, regardless of commercial message which are no greater than any of the
following dimensions: 22 feet in length, 8 feet in height, and 8.5 feet in width.
Vehicle Fuel Sales: Buildings and premises where gasoline, oils and greases, batteries, tires and
automobile accessories may be supplied and dispensed at retail (or in connection with a private
operation where the general public is excluded from use of facilities), and where in addition, the
following services may be rendered and sales made, and no other:
(A) “Vehicle Repair, Mechanical” as defined by this ordinance
(B) Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for filling
station customers, as accessory and incidental to principal operation;
(C) Provision of road maps and other informational material to customers; and
(D) Provision of restroom facilities.
Uses permissible at a vehicle fuel sales establishment do not include “Vehicle Repair, Body” as
defined by this ordinance, storage of automobiles not in operating condition, or other work
involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally
found in fuel stations.
Vehicle Repair, Mechanical: Repair or replacement of any of the components of a motor
vehicle except body parts. Does not include body painting.
Vehicle Repair, Body: Repair or replacement of the exterior body parts or the chassis or uni-
body components of a motor vehicle.
Vehicle Sales or Rental: Businesses primarily engaged in the retail sale of new and used—in
operating condition—automobiles, noncommercial trucks, motor homes, recreational vehicles or
farm machinery; including incidental storage, maintenance, and servicing.
Vehicle Storage: The act of keeping a recreational or commercial vehicle as defined herein on a
parcel in an eligible storage location for an extended period of time without regular use.
Chapter 919 Definitions
Page 919-18
Water-Oriented Accessory Structure: A small, above ground building or other improvement,
except stairways, fences, docks, and retaining walls, which, because of the relationship of its use
to a surface water feature, reasonably needs to be located closer to public waters than the normal
structure setback. Examples of such structures and facilities include boathouses, gazebos, screen
houses, fish houses, pump houses, and detached decks.
Water Course: A channel or depression through which water flows such as rivers, streams, or
creeks and may flow year-round or intermittently. Same as “waterway.”
Watershed: The area drained by the natural and artificial drainage system bounded peripherally
by a bridge or stretch of high land dividing drainage areas.
Wetlands:
A. Lands transitional between terrestrial and aquatic systems where the water table is usually at
or near the surface or the land is covered by shallow water. For purposes of this ordinance,
wetlands must:
1. Have a predominance of hydric soils;
2. Be inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
3. Under normal circumstances, support a prevalence of hydrophytic vegetation.
B. "A wetland" or "the wetland" means a distinct hydrologic feature with characteristics of
item A, surrounded by non-wetland and including all contiguous wetland types, except
those connected solely by riverine wetlands. "Wetland area" means a portion of a wetland
or the wetland.
C. Wetlands does not include public waters wetlands and public waters unless reclassified as
wetlands by the commissioner under Minnesota Statutes, section 103G.201.
D. The wetland size is the area within its boundary. The boundary must be determined
according to the United States Army Corps of Engineers Wetland Delineation Manual
(January 1987). The wetland type must be determined according to Wetlands of the United
States, (1971 edition). Both documents are incorporated by reference under part 8420.0112,
items A and B. The local government unit may seek the advice of the technical evaluation
panel as to the wetland size and type.
Wetlands, Exceptional Quality: Exceptional quality wetlands contain an abundance of different
plant species with dominance evenly spread among several species. Such wetlands may support
some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to
small areas where some disturbance has occurred. This higher level of plant species variety
generally provides high wildlife habitat value and may also support rare wildlife species. The
shorelines of exceptional quality wetlands are natural and unaffected by erosion. These
wetlands exhi b it no evidence of significant ma n induced wat er lev el f luctuatio n .
Exceptional quality wetlands provide excellent water quality protection, high aesthetic quality,
an d p rovide ex cell ent opportu nities fo r educational an d scientific activit ies w ith in the
community.
Chapter 919 Definitions
Page 919-19
Wetlands, High Quality: High quality wetlands are still generally in their natural state and tend
to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant
species may b e present and species dominance may not b e evenly distributed among several
species, however, a minimum of 20 different species can be found within the basin. There tends
to be little evidence of water level flu ctuation due to stor ms and their shorelines are stable
with little evidence of erosion. The combination of these factors results in these wetlands b eing
judged as providing a greater lev el of water qualit y protection and significantly better wildlife
habitat. They show little if any evidence of human influences and their greater levels of species
variety, wildlife habitat and ecological stability results in higher aesthetic quality. These
characteristics also offer opportunities for educational or scientific value to the community.
Wetlands, Low Quality: Wetlands included in this category have been substantially altered by
agricultural or urban development th at caused over nutrification, soil ero sion, sedimentation
and water quality degradation. As a result of these factors, these wetlands exhibit low levels of
plant species and a related reduction in the quality of wildlife habitat. These wetlands may
also tend to exhibit extreme water level fluctuations in response to storms and show evidence of
shoreline erosion. While these wetlands do provide for water quality and serve a n i m port ant role
i n protecting wat e r quality downstream, the c o mb ination o f these characteristics cause
these wetlands to provide low levels of water quality protection and to have poor aesthetic quality.
They often exhibit evidence of significant human influences and they are deemed to be of little
educational or scientific value to the community.
Wetlands, Medium Quality: Medium quality wetlands have a slightly higher numb er o f plant
species presen t than low quality wetlands, often with small pockets of indigenous species
within larger areas dominated by invasive or exotic species. Their relatively greater species
variety results in slightly better wildlife habitat. They exhibit evidence of relatively less
fluctuation in water level in response to storms and less evidence of shoreline erosion. As a result
of these characteristics, these wetlands provide somewhat better water quality protection. They
also exhibit relatively less evidence of human influences and therefore, tend to be of a higher
aesthetic quality. These wetlands are still judged to be of limited educational or scientific value to
the community.
Wetland Buffer: An area of non-disturbed ground cover abutting a wetland left undisturbed to
filter sediment, materials, and chemicals.
Wholesale Sales: Business primarily engaged in selling merchandise to retailers; to industrial,
commercial, institutional, or professional business users; or to other wholesalers. Wholesale
establishment does not include contractor’s materials or office or retail sales of business
supplies/office equipment.
Wind Energy Conversion System: A wind-driven machine that converts wind energy into
electrical power for the primary purpose of resale or off-site use
Yard, Front: That part of the property between the front lot line and either the principal
building.
Page 920-1
CHAPTER 920 ENFORCEMENT
920.010 Purpose ............................................................................................................... 920-1
920.020 Compliance Required ........................................................................................ 920-1
920.030 Violations .......................................................................................................... 920-1
920.040 Responsible Persons .......................................................................................... 920-2
920.050 Enforcement Generally ..................................................................................... 920-2
920.060 Remedies and Penalties ..................................................................................... 920-4
920.010 Purpose
This article establishes procedures through which the City seeks to ensure compliance with the provisions
of this ordinance and obtain corrections for ordinance violations. It also sets forth the remedies and
penalties that apply to violations of this ordinance. The provisions of this chapter are intended to
encourage the voluntary correction of violations whenever possible.
920.020 Compliance Required
A. In General
Compliance with all the procedures, standards, and other provisions of this ordinance shall be
required by all persons owning, developing, managing, using, or occupying land or structures in
the City.
B. Approvals Required
All persons shall obtain all necessary building permits and/or development approvals required by
this ordinance prior to development.
920.030 Violations
A. Failure to Comply with This Ordinance or Term or Any Condition of Approval Constitutes a
Violation
Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this
ordnance, or the terms or conditions of any permit or other development approval or authorization
granted in accordance with this ordinance shall constitute a violation of this ordinance. Examples of
violations include but shall not be limited to the following:
1. Develop land without first obtaining all appropriate permits or development approvals, and
complying with all applicable terms and conditions.
2. Occupy or use land or a structure without first obtaining all appropriate permits or
development approvals, and complying with all applicable terms and conditions.
3. Engage in any development or other activity of any nature in any way inconsistent with a
permit or development approval, or other form of authorization granted for such activity by
the City.
4. Violate, by act or omission, any term, condition, or qualification placed by the City upon a
required permit, certificate or other form of authorization granted by the City to allow the
development or other activity upon land.
5. To alter, maintain, or use any building or structure or to use any land in violation of any
provision of this Ordinance.
920: Enforcement Violations
Page 920-2
6. Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits
or development approvals, and complying with their terms and conditions.
7. Create, expand, replace, or change any nonconformity, except in accordance with this
Ordinance.
8. Reduce or diminish the requirements of use, development, or dimensional standards below
the minimum required by this Ordinance.
9. Through any act or omission, fail to comply with any other provisions, procedures, or
standards, as required by this Ordinance.
10. To continue any of the above-stated violations.
B. Development Shall Adhere to Approved Plans
Permits or development approvals issued by a decision-making body or staff authorize only the use,
density or intensity, location, design, and/or development set forth on the plans reviewed in issuing
such permits or development approvals. Development that differs from that which was approved by
a decision-making body in a permit or development approval is a violation of this ordinance.
920.040 Responsible Persons
The owner, tenant, or occupant of any land or structure, or an architect, engineer, builder, contractor,
agent, or any other person who participates in, assists, directs, creates, or maintains a situation that
constitutes a violation of this ordinance may be held responsible for the violation and subject to the
remedies and penalties set forth in this chapter.
920.050 Enforcement Generally
A. Responsibility for Enforcement
The Community Development Department shall be responsible for enforcing the provisions of this
ordinance.
B. General Inspections
1. Any member of the Community Development Department may enter upon land or inspect
any structure to ensure compliance with the provisions of this Ordinance provided permission
has been granted by one of the following:
a. An owner of the property in question;
b. A licensee of the business being inspected;
c. A resident of a dwelling on the property being inspected; or
d. Any other person in control of the premises.
2. If the owner, licensee, resident, or other person in control of a premise’s objects to the
inspection of or entrance to the property, the Community Development Department may
petition a court of competent jurisdiction for a search warrant to authorize entrance to the
property. Such a warrant shall only be used to determine whether the provisions of this
ordinance are being complied with and to enforce this ordinance. No warrant shall be issued
unless there is probable cause to issue the warrant. Probable cause occurs if the search is
reasonable. Probable cause does not depend on specific knowledge of the condition of a
particular property.
3. Every owner, licensee, resident, or other person in control of a premises within the City shall
permit at reasonable times inspections of or entrance to the property by the Community
Development Department to determine whether the provisions of this ordinance are being
complied with and to enforce this ordinance. Unreasonable refusal to permit the inspection of
Enforcement Generally 920: Enforcement
Page 920-3
or entrance to the property shall be grounds for termination of any and all permits, licenses or
City service to the property. Mailed notice shall be given to the owner, licensee, resident or
other person in control of the property, stating the grounds for the termination, the scheduled
date of termination, and the right to appeal in accordance with Application Review
Procedures, Summary of Decision-Making and Review Bodies.
4. Nothing in this section shall be construed to limit the authority of the City to enter private
property in urgent emergency situations where there is an imminent danger in order to protect
the public health, safety and welfare.
C. Complaints Regarding Violations
Any person may notify the Community Development Department of a suspected violation of this
ordinance. In registering a complaint, the complaining party shall state fully the cause and/or basis
of the alleged violation. The identity of individuals registering complaints shall remain confidential
as required by MN State Statute Section 13.44.
D. Investigation of Complaints
Upon learning there is a potential violation of this ordinance, a member of the Community
Development Department may conduct a general inspection to determine whether a violation of this
ordinance exists.
E. Notice of Violations
1. On finding that a violation of this Ordinance exists, the Community Development
Department shall provide written notification of the violation to the owner of the property on
which the violation exists and the person causing or maintaining the violation. The
notification shall be delivered by certified mail with a return receipt requested or by personal
service. The notice of violation shall:
a. Describe the location and nature of the violation;
b. State the actions necessary to abate the violation;
c. Order that the violation be corrected within a specified reasonable time period;
d. State what course of action is intended if the violation is not corrected with the
specified time limit; and advise the alleged violator(s) of their right to appeal the notice
of violation to the City Council. On receiving a written request for extension of the
time limit for correction specified in the notice of violation, the Community
Development Department may, for good cause shown, grant an extension of the time.
2. If the owner of the property cannot be located or determined, the Community Development
Department shall post a copy of the notice of violation on the building, structure, sign, or site
that is the subject of the violation. In such a case, the time limit for correction of the violation
shall be deemed to begin five days after the notice is posted.
F. Application of Penalties
1. On determining that the violator has failed to correct the violation by the time limit set forth
in the notice of violation, or any granted extension thereof, or has failed to timely appeal the
notice of violation, the Community Development Department shall take appropriate action, as
provided in Section 920.060 below, to correct and abate the violation and to ensure
compliance with this ordinance.
2. Each day a violation continues is a separate offense.
G. Emergency Enforcement without Notice
On determining that delay in correcting the violation would pose a danger to the public health,
920: Enforcement Violations
Page 920-4
safety, or welfare, the Community Development Department may seek immediate enforcement
without prior written notice by invoking any of the remedies or penalties listed below.
920.060 Remedies and Penalties
A. If the responsible person to whom the notice of violation was directed fails to comply with the
applicable provisions of this ordinance, that person is guilty of a misdemeanor, and upon
conviction thereof, shall be fined according to a fee schedule as noted from time to time for each
offense or imprisoned for not more than 90 days or both.
B. The City may also enforce any provision of this ordinance by mandamus, injunction, or any other
appropriate remedy in any court of competent jurisdiction.
C. A person who knowingly makes or submits a false statement or document in connection with an
application or procedure required by this ordinance is guilty of a misdemeanor.
D. A person who violates, fails to comply with or assists, directs or permits the violation of a
performance standard required by this ordinance must reimburse the City or its agent for the actual
costs of the tests, measurements or other procedures necessary to demonstrate that violation.
SECTION 3. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of
ordinances in conflict herewith are hereby appealed.
SECTION 4. SEVERABILITY CLAUSE. In any section, sentence, clause or phrase of this
ordinance or any part thereof is for any reason found to invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any
part thereof.
SECTION 5. This ordinance shall take effect and be in full force from and after its adoption and
publication.
Adopted this 27th day of October, 2021
By: ________________________________
John T. Keis, Mayor
Attest: _________________________________
Christopher Heineman, City Administrator
AYES:
NAYS:
Published October 30, 2021
STAFF REPORT
TO:Mayor Keis and Members of City Council
FROM:Heidi Heller, City Clerk
DATE:October 27, 2021
RE:Temporary Liquor License Application – St. John’s Church
ACTION TO BE CONSIDERED:
Approve a 1-day temporary liquor license for St. John’s Church on November 21, 2021.
BACKGROUND:
St. John’s Church has made application for a 1-day Temporary Liquor License in conjunction
with their Men’s Club Bingo to be held Sunday, November 21, 2021. All application materials
and the fee have been submitted.
RECOMMENDATION:
Staff recommends approval of the 1-day Temporary Liquor License for St. John’s Church on
November 21, 2021.
STAFF REPORT
TO:Mayor Keis and Members of City Council
FROM:Heidi Heller, City Clerk
DATE:October 27, 2021
RE:Application for Exempt Gambling Permit for St. John’s Church
ACTION TO BE CONSIDERED:
Approve an exempt gambling permit for St. John’s Church on November 21, 2021.
BACKGROUND:
St. John’s Church has submitted an exempt gambling permit application to conduct bingo for
their annual Men’s Club Bingo on November 21, 2021. All application materials and the fee
have been submitted.
RECOMMENDATION:
Staff recommends the Council approve an exempt gambling permit for St. John’s Church on
November 21, 2021.
STAFF REPORT
TO: Mayor Keis and Members of the City Council
FROM: Brenda Malinowski, Finance Director
DATE: October 27, 2021
RE: 2021 3rd Quarter Financial Reports
INTRODUCTION:
Attached are the 2021 3rd Quarter Financial Reports for the City of Little Canada.
Attachments:
•General Fund Quarterly Financial Report
•Special Revenue and Enterprise Funds Quarterly Financial Report
•Investments by Maturity and Type
General Fund Revenue
The budget revenues continue to be at the lowest percentage of budget collected when compared
to the last five years. This is due to the sheriff’s reimbursement that was not received in 2021.
Highlights:
•Property tax collections are trending as expected at 51.79%. This is consistent with
the prior 5 years.
•Liquor license revenue reflects the reduction in fees that were granted to
acknowledge the loss of sales that these establishments experienced during the
pandemic.
•The number of building permits are trending higher than 2020 but valuation of the
building permits is trending lower than 2020. This is causing the permit revenue to
be slightly lower than 2020.
•The charges for services category is higher than last year due to the timing of the
building inspection revenue that we receive from Falcon Heights for providing
building inspection services.
•Fine revenue is trending higher in 2021 when compared to 2020 since there was a
decrease in traffic stops at the beginning of the pandemic.
•Investment income is down due to the low interest rate environment that continues
to occur in 2021, and the mark to market adjustment in 2021.
General Fund Expenditures
As of September 30th, actual expenditures are at 71.53% of the budget. With the exception of
2020, this is lowest percentage in the last five years. The lower percentage of expenditures to
budget can largely be attributed to savings in the public works department for salt purchase
savings, and salary savings from the Public Works Maintenance position that was vacant during
the 1st half of 2021. The position was kept vacant to not realize budget savings, but to evaluate
the department structure. The evaluation has been completed, and the department was fully staffed
as of the beginning of August.
Highlights:
•The Elections department includes the elections services contract payment, and
annual election maintenance payment to Ramsey County.
•The Engineering expenditures will end over budget in 2021 due to increased GIS
mapping needs in the City. The 2022 budget has been increased to account for this
increased need in the future.
•The Fire department is at 87.66% of the budget since services are prepaid each
quarter. This is consistent with the practice in prior years.
•Due to timing of storm water maintenance projects and vacancies in the public
works department during the 1st half of 2021, the Storm Water department is
trending lower. It is anticipated that these projects and associated costs will occur
if the weather is favorable in the 4th quarter of 2021.
•Expenses for emerald ash borer are reflected in the Shade Tree department. Tree
removal and stump grinding at Spooner Park occurred in July, and these expenses
are reflected in this report. Canadian Days donated $6,556 to cover the costs of the
tree removal at Spooner Park.
Based on revenue and expenditure projections in the General Fund for the remainder of 2021, it
is estimated that revenues and expenditures will generally fall within budget amounts.
Therefore, the overall change in fund balance is estimated to be at zero or close to zero for 2021.
Special Revenue and Enterprise Funds
The Quarterly Financial Report for the special revenue and enterprise funds is attached to this
report. All funds fell within the expected budget amounts. The Parks & Recreation fund activity
for 2021 includes the recreational programming activities that are now possible to program in
2021.
Investments
As of September 30, 2021, total cash and investments for all City Funds totaled $16,859,133, and
the allocation by investment type is as follows:
Type Amount Percentage
Money Market $31,133 .18%
4M money market 2,445,809 14.52%
CD’s 13,139,130 77.93%
Treasuries 499,761 2.97%
Agencies 500,000 2.96%
Municipal Bonds 243,299 1.44%
Total $16,859,133 100.00%
Since all the CD’s that City holds are under $250,000, they are FDIC insured. There are two CD’s
at RCU that are collateralized, as per the City’s investment policy. All current investments are
within the City’s Investment Policy.
Since the City’s cash and investments are needed for cash flow in the City’s operating and capital
activities, it is helpful to understand the maturities in order to structure future investment
opportunities. Below are the future maturities for the City’s cash and investments.
Since the City budgets investment income as part of the budget process, it is helpful to understand
the coupons (interest rate) for the cash and investments.
As of September 30, 2021 As of September 30, 2020
Coupon Amount Percentage Amount Percentage
To 1.00% $12,629,133 74.90% $4,950,644 33.06%
1.00% to 1.49% 0 0.00% 245,000 1.64%
1.50% to 1.99% 2,695,000 16.00% 2,940,800 19.64%
2.00% to 2.49% 1,115,000 6.60% 3,178,588 21.23%
2.50% to 2.99% 420,000 2.50% 910,000 6.08%
3.00% to 3.49% 0 0.00% 2,747,802 18.35%
$16,859,133 100.00% $14,972,834 100.00%
Interest rates continue to be low. Due to the current interest rate environment, investment earnings
for 2021 are lower than 2020.
As of September 30th, 2021 2020
Investment Earnings $107,965 $208,498
As in prior years, a mark to market adjustment is required to be recorded at year-end in accordance
with GASB (Government Accounting Standards Board) and GAAP (Generally Accepted
Accounting Procedures). A mark to market adjustment refers to the amount that the City would
receive if the entire investment portfolio would have been liquidated in one day. This mark to
market adjustment is netted against investment earnings on the financial statements. Since the City
held investment with higher coupons in 2020, there was an increase in the mark to market
adjustment in 2020. Now that those investments are starting to mature, our mark to market
adjustment is decreasing for 2021. The mark to market adjustment on the portfolio is as follows:
As of 09/30/2021 12/31/2020
Mark to Market Adjustment $(102,743) $121,947
I am available to answer any questions regarding the City’s finances and this report.
CITY OF LITTLE CANADA
GENERAL FUND QUARTERLY FINANCIAL REPORT
THROUGH SEPTEMBER 30, 2021 WITH COMPARISON TO SEPTEMBER 30, 2020
General Fund
Budget YTD % of Budget Budget YTD % of Budget Highlights/Comments
Revenues:
Taxes 3,217,627 1,666,404 51.79%3,117,156 1,592,555 51.09%Trending as expected and consistent with prior years
Licenses 63,225 38,208 60.43%76,225 30,489 40.00%Higher amount collected in 2021 due to earlier rental housing collections
Liquor Licenses 47,730 24,467 51.26%47,730 27,035 56.64%2021 and 2020 reflect fee reductions granted due to pandemic
Permits 175,900 95,845 54.49%175,900 103,668 58.94%Permit revenue down slightly from 2020
Charges for Services 79,089 77,035 97.40%79,089 30,523 38.59%2021 increase due to timing of FH building inspection revenue
Fines 44,000 28,331 64.39%44,000 15,046 34.20%2020 had less traffic stops due to pandemic
Intergovernmental Revenue 287,518 169,597 58.99%290,918 177,977 61.18%
FEMA Reimb. for Twin Lake 0 66,267
Investment Income 37,600 16,467 43.80%64,800 50,387 77.76%Investment inc. down due to low interest rate environment& mark to market
Miscellaneous 126,783 7,873 6.21%129,719 93,506 72.08%Sheriff reimb not received in 2021 for $90,983
Transfers In 118,400 0 0.00%109,300 0 0.00%Recorded at end of year and consistent with prior years
Total Revenues 4,197,872 2,124,226 50.60%4,134,837 2,187,453 52.90%
Expenditures
Mayor & Council 91,220 68,058 74.61%91,995 67,594 73.48%
Elections 31,600 24,771 78.39%24,550 8,961 36.50%2021 is 1st year of new elections contract
Administration 207,745 152,042 73.19%188,061 134,936 71.75%
Attorney 95,500 50,136 52.50%101,500 46,172 45.49%
Engineer 24,000 23,738 98.91%45,270 28,561 63.09%
Planning 184,830 131,189 70.98%172,545 118,806 68.86%2020 has salary savings due to a vacant position in Jan/Feb
Insurance 38,930 29,198 75.00%34,380 34,380 100.00%
City Center 31,370 18,303 58.34%31,940 16,667 52.18%
Old Fire Hall 8,200 4,085 49.82%8,100 3,789 46.78%
Police 1,788,317 1,314,223 73.49%1,716,353 1,268,452 73.90%
Fire Department 462,875 405,772 87.66%472,728 416,609 88.13%
Fire Marshal 18,000 3,512 19.51%29,000 9,389 32.38%2021 savings due to department restructure
Protective Inspections 217,810 151,087 69.37%222,435 135,359 60.85%
Emergency Service/Civil Defense 2,860 525 18.36%2,860 519 18.14%
COVID-19 - 1,145 - 13,625
Animal Control 3,070 175 5.70%3,070 465 15.15%
Streets 309,340 171,506 55.44%315,410 185,776 58.90%2021 savings for PW maint vacancy (hired July) & salt savings
Storm Water 14,290 1,131 7.91%9,130 11,705 128.21%2021 activities will occur in 4th Q of 2021 if conditions allow
Street Lighting 64,800 40,585 62.63%65,000 39,688 61.06%
Recycling/Sanitation 33,140 18,590 56.09%25,360 11,941 47.08%
City Garage 36,560 24,073 65.85%35,000 28,832 82.38%2021 activities will occur in 4th quarter of 2021
Parks & Recreation 507,020 348,852 68.80%496,340 345,856 69.68%
Community Partnerships 27,895 20,949 75.10%26,310 18,776 71.36%
Shade Trees 6,000 15,341 255.69%6,000 2,873 47.88%2021 includes the ash trees removed due EAB
Contingency 15,000 - 0.00%15,000 - 0.00%
Total Expenditures 4,220,372 3,018,984 71.53%4,138,337 2,949,729 71.28%
Rev. over/(under) expen. before BA (22,500) (894,758) (3,500) (762,277)
BA (Budget Amendment) for Efficiencies (38,500) (2,138) 5.55%(78,870) (40,405) 51.23%
Rev. over/(under) expen. after BA (61,000)$ (896,896)$ (82,370)$ (802,682)$
2021 2020
FUND Budget Actual % of Budget Budget Actual % of Budget
Parks & Recreation Revenues 39,420$ 29,629$ 75.16%39,620$ 21,277$ 53.70%
Expenditures 44,935 19,618 43.66%44,995 9,164 20.37%
Net Change (5,515)$ 10,011$ (5,375)$ 12,113$
Cable TV Revenues 115,700$ 63,607$ (1)54.98%120,680$ 58,214$ (1)48.24%
Expenditures 131,707 37,176 (2)28.23%142,398 56,910 39.97%
Net Change (16,007)$ 26,431$ (21,718)$ 1,304$
(1) 3rd quarter franchise fees not received until Oct each year. 2021 includes Comcast settlement of $5,212
(2) 2020 expenditures included $10,906 for budgeted capital cable upgrades
and $4,500 for website improvement services
Recycling & Disposal Revenues 455,006$ 363,887$ 79.97%443,895$ 350,921$ 79.05%
Expenditures 472,829 346,645 73.31%459,930 335,604 72.97%
Net Change (17,823)$ 17,242$ (3)(16,035)$ 15,317$
(3) Organized collection contract to be renegotiated in 2021.
Water Operating Revenues 1,685,980$ 1,489,912$ 88.37%1,654,630$ 1,337,349$ 80.82%
Expenditures 1,446,790 1,074,368 74.26%1,405,855 1,003,558 71.38%
Net Income before other items 239,190 415,544 173.73%248,775 333,791 134.17%
Depreciation (253,000) - (251,000) -
Net Income/(loss)(13,810)$ 415,544$ (4)(2,225)$ 333,791$
(4) Rate increase effective in 2021. Last rate increase was in 2018.
Sewer Operating Revenues 1,520,800$ 1,206,866$ 79.36%1,454,080$ 1,112,747$ 76.53%
Expenditures 1,429,496 1,025,673 71.75%1,345,280 1,028,948 76.49%
Net Income before other items 91,304 181,193 198.45%108,800 83,799 77.02%
Depreciation (138,000) (176,000) -
Net Income/(loss)(46,696)$ 181,193$ (4)(67,200)$ 83,799$
(4) Rate increase effective in 2021. Last rate increase was in 2018.
2021 2020
CITY OF LITTLE CANADA
SPECIAL REVENUE AND ENTERPRISE FUNDS QUARTERLY FINANCIAL REPORT
THROUGH SEPTEMBER 30, 2021 WITH COMPARISON TO SEPTEMBER 30, 2020
Investments and Cash as of 9-30-2021
Interest Purchase Maturity Call Investment
Type Rate Date Date Date Amount
CD 2.050%10/30/15 11/1/21 4/30/2020 $245,000
CD 1.800%10/9/19 10/12/21 N/A $245,000
CD 2.650%12/5/14 12/3/21 N/A $25,000
CD 0.100%12/17/20 12/17/21 N/A $247,000
2021 Maturities 762,000$
CD 0.250%7/1/20 1/4/22 N/A $218,000
CD 0.200%8/24/20 2/24/22 N/A $248,000
CD 2.600%4/3/19 4/4/22 N/A $150,000
CD 0.700%10/13/20 4/13/22 N/A $1,006,463
CD 1.700%11/29/19 5/31/22 N/A $245,000
CD 2.500%6/6/19 6/6/22 N/A $245,000
CD 2.200%6/26/19 6/27/22 N/A $230,000
CD 1.700%12/16/19 7/18/22 N/A $245,000
CD 0.200%9/1/20 7/25/22 N/A $245,000
CD 2.350%8/18/17 8/18/22 N/A $245,000
CD 1.850%8/29/19 8/29/22 N/A $245,000
CD 1.800%8/30/19 8/30/22 N/A $245,000
CD 2.200%8/30/17 8/30/22 N/A $245,000
CD 0.220%9/8/21 9/8/22 N/A $249,400
CD 0.160%9/8/21 9/8/22 N/A $249,600
CD 0.850%10/13/20 10/13/22 N/A $1,007,853
Treasuries 0.150%12/2/20 10/31/22 N/A $499,761
CD 1.700%11/28/19 11/28/22 N/A $245,000
CD 1.700%11/29/19 11/29/22 N/A $245,000
CD 1.800%12/13/19 12/13/22 N/A $245,000
2022 Maturities 6,554,076$
CD 1.750%11/27/19 5/26/23 N/A $245,000
CD 0.150%12/30/20 6/28/23 N/A $245,000
CD 0.200%6/30/21 6/30/23 N/A $245,000
CD 0.300%7/16/21 7/17/23 N/A $245,000
CD 0.250%7/21/21 7/21/23 N/A $245,000
CD 0.200%2/10/21 8/10/23 N/A $245,000
CD 2.150%8/16/17 8/16/23 N/A $150,000
CD 0.250%8/20/21 8/18/23 N/A $245,000
CD 1.850%10/31/19 10/31/23 N/A $245,000
Agencies 0.270%11/25/20 11/23/23 11/23/2021 $500,000
CD 0.300%12/11/20 12/11/23 N/A $245,000
2023 Maturities 2,855,000$
Municipal 0.450%3/31/21 3/1/24 N/A $125,383
CD 0.400%6/30/21 6/30/24 N/A $245,000
CD 0.450%7/21/21 7/22/24 N/A $245,000
CD 0.500%7/28/21 7/29/24 N/A $96,000
CD 1.750%2/24/20 8/14/24 N/A $245,000
CD 0.300%8/17/21 8/19/24 N/A $245,000
CD 0.250%2/19/21 8/19/24 N/A $245,000
2024 Maturities 1,446,383$
CD 0.400%4/5/21 1/8/25 N/A $245,000
CD 0.500%2/12/21 2/12/25 5/12/21 $245,000
CD 0.630%3/25/21 3/5/25 N/A $241,815
CD 0.400%9/20/21 3/20/25 3/20/22 $245,000
CD 0.650%4/29/21 4/29/25 N/A $200,000
CD 0.450%8/13/21 8/13/25 N/A $245,000
2025 Maturities 1,421,815$
Municipal 0.550%2/17/21 3/1/26 N/A $117,916
CD 0.900%3/25/21 3/25/26 N/A $245,000
CD 1.000%4/13/21 4/13/26 7/13/21 $245,000
CD 1.000%7/8/21 7/8/26 N/A $245,000
CD 0.950%7/22/21 7/22/26 N/A $245,000
CD 1.050%8/19/21 12/14/26 11/14/21 $245,000
2026 Maturities 1,342,916$
Total Investments 14,382,190$
MM 31,133$
4M 0.030%2,445,809$
Total Investments and 4M Fund 16,859,133$
STAFF REPORT
TO: Mayor Keis and Members of City Council
FROM: Chris Heineman, City Administrator
Bryce Shearen, Parks & Recreation/Community Services Manager
Corrin Wendell, Community Development Director
DATE: October 27, 2021
RE: Little Canada Gateway Signage Task Force
ACTION REQUESTED
The City Council is asked to consider a motion to apoint 1 City Council member to serve on the
Little Canada Gateway Signage Task Force.
BACKGROUND
Enhancing Identity and Empowering Community was one of the four strategic directions
included in the City’s 2019 Strategic Plan. One of the strategic initiatives related to this direction
was to consider updating Little Canada’s gateway signs that are located in multiple entry points
to the City of Little Canada to enhance the community’s identity.
Staff is recommending that a task force of key stakeholders including representatives from
various boards and commissions be established to consider options and discuss recommendations
for improvements to the City’s existing ‘Welcome to Historic Little Canada’ signs. In addition
to reviewing other community gateway signs and considering potential designs, the task force
will discuss the current locations of signs and if additional locations should be considered.
It is anticipated that a time commitment of 1-2 hours a month over the next six months will be
required of each task force members once the task force has been formed. Meeting dates and
times are yet to be determined.
The proposed task force members are:
1 – City Council Member - TBD
1 – Parks & Recreation Commission Member – Peter Schletty
1 – Planning Commission Member – Dawn Kulousek
1 – Little Canada Historical Society – Curt Loschy & 1 representative
City Staff – TBD
SOURCE OF FUNDS
At this time, funds for gateway signage have not been included in the Capital Improvement Plan.
Recommended actions from the task force will help staff identify the funds needed.
STAFF RECOMMENDATION
Staff recommends appointing one City Council Member to the Welcome to Little Canada
Gateway Signage Task Force.
Existing sign
STAFF REPORT
TO: Mayor Keis and Members of the City Council
FROM: Colleen Schoenecker, SCORE Grant Administrator
DATE: October 25, 2021
RE: 2021 Municipal SCORE Funding Grant Application
BACKGROUND
The City of Little Canada receives SCORE funding from Ramsey County Public Health that is used to support our
waste reduction and recycling-related activities/services in Little Canada. Staff is requesting authorization to
submit the grant application for the 2022 SCORE funding.
The 2022 Municipal SCORE Grant available for Little Canada is $31,721.00.
RECOMMENDATION
City staff is recommending the Council authorize approval for submission of the SCORE grant application and
execution of grant agreement by the City Administrator.
General Fund 101 2022
Budget
REVENUES:
3411 Recycling Grant (SCORE)31,721
3730 Recycling and Disposal Fees 446,520
3470 Yard Waste 57,000
3750 Bulky Item Pickup 1200
TOTAL REVENUE 536,441.00$
EXPENDITURES:
4101 Regular Employee 35,700
Contracted Services
4560 Newsletter Printing & Postage 5,900
4313 Utility Bill Printing & Postage 2,600
4700 Contr. Service (Reusable Bags)2,120
4755 Website Maintenance 300
4700 Hauler Reimbursements (2)488,700
TOTAL EXPENDITURES 535,320.00$
(1) Certification Fees
(2) Staff Time Not Allocated to this Fund
2022
SCORE GRANT BUDGET
SCORE GRANT APPLICATION SURVEY
ANNUAL | 2022
City of Little Canada
Please refer to the 2022 SCORE Application Instructions for more information on completing this application.
All items must be submitted for the application to be complete.
Step 1
Municipality:
City of Little Canada
Contact Person:
Colleen Schoenecker
Address:
515 Little Canada Rd E, Little Canada MN 55117
Phone #:
651-766-4038
Email:
colleen.schoenecker@littlecanadamn.org
Population:
10,501
Source of population
data:
2019 United States
Census Bureau data
City Demographics
Educ., adults 25+:
% Bach. degree+:
Home-owner-ship rate:
Median value owner-occ. hous:
Household Income - Per capita:
Household Income - Median hshd:
Household Income - % Poverty:
MANAGE ONLY
1/5
City Demographic comments:
Total grant funding possible($):
31,721.00
The following expenses are eligible for SCORE reimbursement. Check the box(es) next to the budget categories this SCORE funding will be spent:
Administration
Promotion Activities
Equipment
Collection of Recyclables
Organics Collection
Step 2
Review your 2022 Recycling Performance Work Plan.
The work plan below outlines the minimum requirements for your recycling program. Please review each requirement carefully.
2022 Recycling Performance Work Plan - Minimum Requirements
1. Complete all 2022 SCORE requirements, including reporting on time and submitting a mid-year status report.
2. Provide outreach to all residents about the municipality’s recycling program and submit copies of materials to Ramsey County.
3. Use Ramsey County materials and information when and where appropriate to promote increased recycling, reuse and repair (e.g., Fix-it
Clinics), medicine collection, household hazardous waste, organic waste and yard waste participation.
a. Send materials to Ramsey County for review prior to distribution.
b. Include county contact information on materials:
SCORE grant base funding amount ($):
26,646.00
MANAGE ONLY
Incentive funding amount ($):
5,075.00
MANAGE ONLY
Total grant requested($):
MANAGE ONLY
Is this estimated or finalized amount?
Estimated Amount
Finalized Amount
MANAGE ONLY
2/5
i. 24/7 Recycling & Disposal Hotline: 651-633-EASY (3279)
ii. RamseyRecycles.com
c. Provide links to the Ramsey County web pages on municipality website.
4. Use hauler data to identify those not recycling and target educational materials
5. Ensure all multi-unit properties are meeting State law requirements to recycle and are receiving free Ramsey County resources. Verify
through county database property information.
6. Increase opportunities for recycling in public spaces.
a. All recycling bins must be paired with a trash bin and in good condition.
b. Labels must be readable.
c. Promote Ramsey County’s event container lending program and green event planning tips .
7. Implement a “Green” purchasing procurement policy for city functions and facilities to use reusable, recyclable or compostable packaging.
8. Ensure the collection of textiles is available to all residents through special collection or drop-off opportunities.
9. Enforce recycling contracts, including the assessment of penalties for non-compliance.
a. Audit reporting by obtaining hauler weight tickets.
b. Have labels replaced if not readable.
10. Attend County Recycling Coordinator meetings and attend a yearly composition study.
I have reviewed and understand the minimum requirements.*
Do you have additional strategies to add to the work plan?
Yes
No
Step 3
In addition to base funding, the municipality is eligible to receive up to two optional incentive payments.
To receive one incentive payment, the municipality must implement one incentive option below. To receive two incentive payments, the
municipality must implement two incentive options below.
Would you like to apply for incentive funding?
Yes
No
Identify up to 2 Incentive Options. The option(s) identified will become part of the Recycling Performance Work Plan:*
Bulky Waste Collection. Establish an efficient and effective program to provide collection of bulky waste items from single family homes at
no cost or a discounted price and that also prioritizes recycling and/or reuse.
Engage Small Businesses. Include small businesses in curbside recycling services and actively engage those businesses to participate in th
e service.
Promote BizRecycling. Actively work with and promote BizRecycling to businesses and institutions in collaboration with Ramsey/Washingt
on Recycling & Energy for organics recycling and food waste reduction programs.
Organics drop-off site. Co-sponsor an organics drop-off site with the county (for suburban cities only).
You are eligible to receive up to two payments. Each payment is worth ($):
MANAGE ONLY
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Additional qualifying activity. Must be approved beforehand by Ramsey County.
Please briefly describe how you will implement your chosen incentive(s).
1. Through the City of Little Canada's Organized Collection contract, residents from single family and duplex homes have a reduced monthly
rate that allows each household the disposal of three bulky items to be removed at the curbside each year at no additional cost. In addition, the
City has negotiate reduced bulky item disposal rates for collection of four or more items at the curb. 2. The City of Little Canada's reusable bags
program has been so successful, that we'd like to continue it for 2022. Little Canada will purchase reusable bags to hand out at our Farmer's
Market and other events to promote waste reduction and reuse.
Step 4
Municipal recycling budget.
After saving this application you will be asked to attach a copy of your 2022 municipal budget for ALL recycling activities, including ALL funding
sources. If a 2022 budget has not been adopted yet, attach the most recent draft.
If the budget doesn’t list ALL expenditures and revenues specific to recycling, add a supplemental table to identify this information.
A final copy of the adopted 2022 budget must be submitted by January 15, 2022.
Other Attachments
1. A resolution from your governing body requesting 2022 SCORE funding OR a certified copy of the official proceedings at which the request
was approved.
2. Verification of Compliance with Minnesota Statute 115A.471 and 115A.46.
Please download the Waste Verification document here. You will be prompted to upload a completed Waste Verification document after saving
this application.
Step 5
I certify that this document was prepared under my direction or supervision and that the information is true, accurate and complete to the best
of my knowledge.*
Name:*
Colleen Schoenecker
Title:*
Utility Billing Clerk
File Attachments
Click the 'Upload File' button to attach supporting documents as required.
* Maximum file size is 10 MB.
1. Municipal recycling budget: *
2. Resolution from your governing body requesting SCORE funding:
3. Certified copy of the official proceedings at which the request was approved:
4. Verification of Compliance with Minnesota Statute 115A.471 and 115A.46: *
4/5