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MAYOR <br />Biesener <br />COUNCIL <br />Rick Montour <br />John Keis <br />Michael McGraw <br />Shelly Boss <br />515 Little Canada Road, Little Canada, MN 55117-1600 ADMINISTRATOR <br />(651) 766 -4029 / FAX: (651) 766-4048 Joel R. Hanson <br />www. ci.li ttle- canada. in n. us <br />MEMORANDUM <br />TO: Mayor Blesener & Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: April 19, 2013 <br />RE: Clothing Recycling Boxes <br />Based upon complaints received dealing with the placement of clothing recycling bins <br />around various locations in the city, staff reviewed the zoning code provisions dealing <br />with this type of issue. The opinion of the City Planner is that these types of containers <br />"are illegal outdoor storage. There is no provision for them in the ordinance. To be <br />legal, the code would have to identify them as allowable outdoor accessory uses, which it <br />does not. The ordinance identifies at the beginning that the structure of the code is <br />permissive — if a use is not specifically permitted, it is deemed to be prohibited..." <br />USAGAIN has submitted a request for the Council to modify the code (information <br />attached). Here is staff's perspective for your consideration: <br />• We have at least three different entities with recycling boxes located throughout <br />the City. None were legally placed. <br />• As noted above in the Planner's quote, the boxes would have to be accessory uses <br />to the main business located at a site. An "accessory use" is defined by our <br />zoning code as follows: <br />a. Is clearly incidental to and customarily found in connection with a principal <br />building or use. <br />b. Is subordinate to and serves a principal building or use. <br />c. Is subordinate in area, extent, or purpose to the principal building or use <br />served. <br />d. Contributes to the comfort, convenience, or necessity of occupants, business, <br />or industry in the principal building or use served. <br />e. Is located on the same lot as the principal building or use served. <br />f. May be located within either the principal building or an accessory structure. <br />The recycling bins do not meet that definition. <br />1 <br />