Ordinance No. 1412 MCCCA 07-24-2023
Ordinance No. 1412
Amending the Fridley City Code Section 205.28, Critical Area District, Section 205.32, Shoreland
Overlay District, and Section 205.30, Telecommunications Towers and Facilities District
The City Council of the City of Fridley does ordain, after review, examination and staff
recommendation that the Fridley City Code be amended as follows:
Section 1
That the Fridley City Code be hereby amended by amending Chapter 205.28 Critical Area District
as follows:
FRIDLEY CITY CODE
SECTION 205-28. 0-2 CRITICAL AREA DISTRICT REGULATIONS
1. PURPOSE AND INTENT
It is the purpose and intent of this district to prevent or mitigate irreversible damage to
the Mississippi River Corridor and to preserve and enhance its values to the public. The
Mississippi River Corridor is a unique and essential element in the local, regional, state
and national transportation, sewer and water, and recreational systems, as well as serving
important biological and ecological functions, and shall be protected and preserved in
accordance with the following policies:
A. The Mississippi River Corridor shall be managed as a multi-purpose public resource
that provides for the development of a variety of urban uses within the river
corridor while conserving the scenic, environmental, recreational, mineral,
economic, cultural, and historic resources and functions of the river corridor.
B. The Mississippi River Corridor shall be managed in a manner consistent with its
natural characteristics and its existing development and in accordance with
regional plans for the development of the Metropolitan Area.
C. The Mississippi River Corridor shall be managed in accordance with the Critical
Areas Act of 1973, the Minnesota Environmental Policy Act of 1973, and the
Governor's critical area designation, Executive Order No. 130, dated November 23,
1976, and other applicable state and federal laws.
2. DISTRICT BOUNDARIES
The boundaries of the 0-2 District shall be located on the official zoning map of the City
of Fridley, and shall encompass all property located between the center line of Anoka
County Trunk Highway 1 and the normal high water line of the east bank of the Mississippi
River running from the north boundary to the south boundary line of the City.
3. DEFINITIONS
For the purpose of this district the following definitions shall apply:
A. Bluff.
Those steep slopes lying between the normal high water mark and the River
Corridor boundary having an angle of ascent from the river of more than twelve
percent (12%) from the horizontal.
B. Bluffline.
A line delineating the top of the bluff connecting the points at which the angle of
ascent becomes less than twelve percent (12%). More than one (1) bluffline may
be encountered.
C. Clear-cutting.
The indiscriminate cutting down of large numbers of trees in a given areas.
D. Critical Area.
The area known as the Mississippi River Corridor Critical Area designated by the
Governor in the Executive Order No. 130.
E. Development.
The making of any material change in the use or appearance of any structure or
land including reconstruction; alteration of the size of any structure; alteration of
the land; alteration of a shore or bank of a river, stream, lake or pond; a
commencement of drilling (except to obtain soil samples); mining or excavation;
demolition of a structure; clearing of land as an adjunct to construction; deposit of
refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two
(2) or more parcels.
F. Essential Services.
Means underground or overhead gas, electrical, steam or water distribution
systems including poles, wires, mains, drains, sewer pipes, conduits, cables and
other similar equipment and accessories in conjunction therewith.
G. Public Safety Facilities.
Hydrants, fire alarm boxes, street lights, railway crossings signals and similar
accessories including buildings.
H. Retaining Wall.
A structure utilized to hold a slope in a position in which it would not naturally
remain.
I. Terrace.
A relatively level area bordered on one (I)or more sides by retaining
walls.
J. Utility Facility.
Physical facilities of electric, telephone, telegraph, cable, television, water, sewer,
solid waste, gas and similar service operations.
K. Wetlands.
Low lying areas which may be covered with shallow and sometimes intermittent
water. They are frequently associated with a high water table. Wetlands are
generally too wet for cultivation or development without artificial drainage.
Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands.
4. USES PERMITTED
Any use permitted within the existing zoned district.
5. USES EXCLUDED
A. Any use that was excluded within the existing zoned district.
B. Any barge fleeting or barge loading.
C. Any waste storage use or treatment facilities.
D. Any mining or extraction uses other than soil preparation or peat removal.
6. SITE PLAN REQUIREMENTS
A. No building permit, zoning, or subdivision approval shall be issued for any action located
in this district until a site plan has been prepared and approved in accordance with the
provisions of this Section.
B. No site plans shall be required for a single family dwelling or for the extension,
enlargement, change, or alteration thereof, nor accessory structures thereto.
7. SITE PLAN CONTENTS
A. Site plans shall be prepared to a scale appropriate to the size of the project and
suitable for review.
B. The following information shall be provided in the site plan:
(1) Location of the property including such information as the name and numbers
of adjoining roads, railroads, existing subdivisions, or other landmarks.
(2) The name and address of the owner(s) or developer(s), the Section, township
and range, northpoint, date and scale of drawing and number of sheets.
(3) Existing topography as indicated on a contour map having a contour interval
no greater than two (2) feet per contour. The topography map shall also clearly
delineate the river and any bluffline, all streams, including intermittent streams
and swales, river, waterbodies and wetlands. The topography map shall
indicate the floodway and/or flood fringe lines and the normal highwater mark
of the river.
(4) A plan delineating existing drainage of the water setting forth the direction,
the volume, and at what rate storm water is conveyed from the site, and setting
forth those areas of the site where storm water collects and is gradually
percolated into the ground or slowly released to a creek, river or lake.
(5) A proposed drainage plan of the developed site delineating the direction, the
volume, and at what rate storm water will be conveyed from the site and setting
forth the areas of the site where storm water will be allowed to collect and
gradually percolate into the ground, or be slowly released to a creek, river or
lake. The plan shall also set forth the hydraulic capacity of all structures to be
constructed, existing structures to be utilized, and volume of holding ponds for
the design storm (i.e. six inch (6"), twenty-four (24) hour rain).
(6) A description of the soils of the site including a map indicating soil types by
areas to be disturbed as well as a soil report prepared by a soil scientist
containing information on the suitability of the soils for the type of
development proposed and for the type of sewage disposal proposed and
describing any remedial steps to be taken by the developer to render the soils
suitable. All areas proposed for grading shall be identified by soil type,
including the existing top soil and the soil type of the new contour. The location
and extent of any erosion areas shall be indicated. The stability of rock
outcroppings along blufflines and faces shall be included in the soils
description.
(7) A map indicating proposed finished grade having a contour at the same
intervals as provided on the existing topographic map or as required to clearly
indicate the relationship of proposed changes in existing topography and
remaining features.
(8) An erosion and sedimentation control plan indicating the type, location, and
necessary technical information on control measures to be used during and
after construction including a statement expressing the calculated anticipated
gross soil loss expressed in tons per acre per year during and after construction.
(9) A delineation of the location and amounts of excavated soils to be stored on
the site during construction.
(10) A description of the flora and fauna, which occupy the site or are occasionally
found thereon, setting forth in detail those areas where unique plant or animal
species may be found on the site.
(11) A description of any features, buildings or areas which are of historic
significance.
(12) A landscape plan drawn to an appropriate scale, including dimensions,
distances, location, type, size and description of all existing vegetation
proposed for removal and all proposed landscape materials which will be
added to the site as part of the development.
(13) The proposed size, alignment, height and intended use of any structure to be
erected or located on the site.
(14) A clear delineation of all land which shall be paved or hard surfaced
including a description of the surfacing material to be used.
(15) A description of the method to be provided for vehicular and pedestrian
access to the proposed development and public access to river and/or public
river view opportunities both before and after development. A description of
the development's impact on existing view of and along the river. A description
of all parking facilities to be provided as part of the development of the site
including an analysis of parking needs generated by the proposed
development.
(16) A delineation of the area or areas to be dedicated for public use.
(17) Any other information pertinent to the particular project which in the
opinion of the City or applicant is necessary or helpful for the review of the
project.
8. ADDITIONAL REQUIREMENTS FOR ALL STRUCTURES
A. Lot Size.
Lot size shall be governed by the existing zoning district.
B. Building Height.
Building height shall be governed by the existing zoning district.
C. Setbacks.
Setbacks shall be governed by the existing zoning districts except as follows:
(1) All new structures and uses shall be placed not less than forty (40) feet from the
top of the bluffline overlooking the Mississippi River.
(2) All new structures and uses shall be placed not less than 100 feet from the
Mississippi River normal high water line as defined by the Federal Insurance
Administration's Flood Insurance Study.
(3) Exceptions to setback requirements shall include public safety facilities, public
bridges and approaches, public roadways, public recreation facilities, scenic
overlooks, regional and local trails; docks and boat launching facilities,
approved river crossings of essential services and distribution services and
historical sites designated by the National and State Register of Historic Places.
(4) The following agencies shall be notified of all variance requests to the above
setback requirements: The Minnesota Department of Natural Resources and
Environmental Quality Board.
D. Placement of Structures.
(1) Placement of structures in areas subject to flooding as designated in Section 205.24 of
this Chapter shall be governed by the regulations of that Section.
(2) No land with slopes, before alteration, in excess of eighteen percent (18%) will
be developed for use except for necessary erosion control structures which are
in conformance with all other guidelines and standards. All applicable local,
state and federal laws, rules and regulations and Metropolitan plan guidelines
and standards must be met for bridge construction and bridge approach
roadways.
(3) Development on slopes in excess of twelve percent (12%), but less than
eighteen percent (18%), will be permitted provided that the applicant can meet
the following conditions:
(a) The foundation and underlying material shall be adequate for the slope
condition and soil type.
(b) The developer can demonstrate that development during and after
construction can be accomplished without increasing erosion and that there
are proper controls to reduce runoff to nondestructive levels.
(c) The proposed development presents no danger of falling rock, mud,
uprooted trees and other material to structures, recreational facilities, public
lands and public water down hill.
(4) Line of Sight. The development of new, or the expansion of existing structures,
shall be placed so that the development is consistent with the preservation of
the view of the river corridor from other properties on both sides of the river
and by the public. The walling off of views of the river corridor from other
properties and public right-of-ways shall be prohibited.
9. NATURAL RESOURCE MANAGEMENT
A. Grading and Filling. Grading and filling or otherwise changing the changing the
topography landward of the ordinary high water mark shall not be conducted without a
City permit, and in compliance with the provisions of Minnesota Regulation MR 79, Section
(h), of the Wild and Scenic Rivers Regulation, paragraphs (1), (2) and (3).
B. Retaining walls and erosion control structures waterward of the normal high water
mark are permitted structures 'if the applicable permits issued by the Army Corps
of Engineers and the Minnesota Department of Natural Resources have been
obtained.
C. Retaining walls and erosion control structures on the landward side of the normal
high water mark that are visible from the water surface shall meet the following
design criteria:
(1) Retaining walls or terrace contours shall not exceed five (5) feet in height.
(2) The minimum space in between retaining walls shall be twenty (20) feet.
D. Vegetative management.
(1) Clear-cutting of trees on the slope or face of bluffs and within forty (40) feet
landward from the bluffline or river bank area shall not be permitted.
(2) The selective cutting of trees greater than four inches (4") in diameter may be
authorized by the City, when cutting is appropriately spaced and staged to
maintain a continuous natural cover.
(3) The development of new or the expansion of existing structures shall be
accomplished so as to minimize the need for tree removal. If trees over four
inches (4") are cut, the density of tree cover shall be restored to that which
existed before cutting. The applicant shall demonstrate that all grading which
takes place will be conducted in a manner that preserves the root zone aeration
and stability of existing trees and provides an adequate watering area equal to
at least one-half (1/2) of each tree crown cover.
(4) Exceptions to the above include the removal of diseased or damaged trees.
E. Standards for surface water management and erosion control.
(1) Storm water run-off from any new development may be directed into public
water bodies and drainage systems provided that it is substantially free from
silt, debris and chemical pollutants, and only at rates equal to that on the
property before development.
(2) Any new development shall provide for erosion protection measures which
make maximum use of natural in-place vegetation. During construction and
until such time as final control measures are fully implemented and
established, adequate development practices will be maintained to insure that
gross soil loss levels shall not exceed five (5) tons per acre per year during
construction or two (2) tons per acre per year during construction when the
site is adjacent to a water body or water course; and one-half (1/2) ton per
acre per year after the construction activities are completed.
(3) Structures, trails and roadways shall be sited to minimize levels of pedestrian
and vehicular traffic in areas where soil compaction and loss of vegetation
cover can contribute to erosion problems.
10. TRANSMISSION SERVICES, PUBLIC TRANSPORTATION, AND RIVER CROSSING
A. Transmission and Essential Services.
(1) Primary consideration shall be given to underground placement of services in order to
minimize aesthetic, environmental and public safety aspects. When considering
overhead placement, the developer must show the reasoning that makes underground
placement unfeasible.
(2) All transmission service crossing of the Mississippi River require a permit
pursuant to Minnesota Statute 84.415 or 105.42 by the Department of Natural
Resources.
(3) All transmission crossing of land within the district shall require a Special Use
Permit as required by this Chapter.
B. Transportation Facilities.
Transportation crossings shall be permitted in accord with NR 79, Section (j), except
paragraph (ddd) under (i), route design of the Wild and Scenic River regulations.
(1) In planning and designing the construction or reconstruction of all public
transportation facilities which closely parallel the river or blufflines, careful
consideration should be given to the provision of scenic overlooks for
motorists, safe pedestrian access from areas on the landward side of these
transportation facilities and safe pedestrian facilities along the riverward of
these facilities.
(2) The construction or reconstruction of all public transportation facilities shall be
located and designed in such a manner that will maintain the safe use and
access to the riverfront in public ownership, allow reasonable use of the land
between the river and the transportation facility and maintain the aesthetic
quality of the river environment.
11. PUBLIC ACCESS
A. Public pedestrian right-of-way including river access shall be provided for any new
development that is adjacent to or part of an overall plan of the city for pedestrian
movement within the district.
B. Public pedestrian access shall be provided to the riverfront of developments on
publicly owned and publicly controlled riverfront property. Access will not be
provided where:
(1) Unavoidable hazards exist to the public.
(2) Public pedestrian access at a particular location cannot be designed or
developed to provide a pleasant view or recreational experience.
12. RIGHT OF WAY MAINTENANCE
A. Natural vegetation of value to fish or wildlife, which does not pose a hazard or restrict
reasonable use of the property, shall be allowed to grow in the right-of-way.
B. Where vegetation has been removed, new vegetation consisting of native grasses,
herbs, shrubs and low growing trees, shall be planted and maintained on the
right-of-way.
C. Chemical control of vegetation should be avoided when practicable, but where such
methods are necessary, chemicals used and the manner of their use must be in accordance
with rules and regulations of all state and federal agencies with authority over the use.
Fridley City Code
Section 205.28. O-2 Critical Area Overlay District
205.28.01 Purpose
The Mississippi River Corridor Critical Area (MRCCA) Chapter is adopted pursuant to the
authorization and policies contained in Minnesota Statutes (M.S.) Chapter 116G, Minnesota Rules
Parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in M.S. Chapters
462 and 473.
The Legislature of Minnesota has delegated responsibility to local governments of the state to
regulate the subdivision, use and development of designated critical areas and thus preserve and
enhance the quality of important historic, cultural, aesthetic values, and natural systems and
provide for the wise use of these areas.
205.28.02 General Provisions
1. Jurisdiction. The provisions of this Chapter apply to land within the O-2 District, which is
land within the river corridor boundary as described in the State Register, volume 43, pages
508 to 519 and shown on the City zoning map.
2. Severability. If any section, clause, provision, or portion of this Chapter is judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter
shall not be affected thereby.
3. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. However, where this Chapter
imposes greater restrictions, the provisions of this Chapter shall prevail. All other Chapters
inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.
4. Underlying Zoning. Use and standards of underlying zoning apply except where standards
of this overlay district are more restrictive.
5. Enforcement. The City is responsible for the administration and enforcement of this
Chapter. Any violation of its provisions or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with grants of
variances or special uses constitutes a misdemeanor and is punishable as defined by law.
Violations of this Chapter can occur regardless of whether or not a permit is required for a
regulated activity listed in Section 205.28.04.01.
205.28.03 Definitions
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted to
give them the same meaning they have in common usage and to give this Chapter its most
reasonable application. For the purpose of this Chapter, the words “must” and “shall” are
mandatory and not permissive. All distances, unless otherwise specified, are measured
horizontally.
Access path: An area designated to provide ingress and egress to public waters.
Adjacent: Having a boundary that physically touches or adjoins.
Agricultural use: A use having the meaning given under M.S. § 40A.02.
Alternative design: Subdivision design methods such as conservation design, transfer of
development density, or similar zoning and site design techniques that protect open space and
natural areas.
Biological and ecological functions: The functions of vegetation in stabilizing soils and slopes,
retaining and filtering runoff, providing habitat, and recharging groundwater.
Bluff:
1. A slope that rises at least 25 feet where the grade of the slope averages 18% or greater,
measured over any horizontal distance of 25 feet, from the toe of the slope to the top of the
slope. Where the slope begins below the ordinary high water level, the ordinary high water
level is the toe of the slope. See Figure 1; or
Figure 1. Bluff
2. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary
high water level or toe of the slope, whichever is applicable, to the top of the slope, with a
slope of 75 degrees or greater. See Figure 2.
Figure 2. Natural Escarpment Bluff and Bluff Impact Zone
Bluff impact zone (BIZ): A bluff and land located within 20 feet of the bluff. See Figure 2 for natural
escarpment or cliff example and Figure 3 for more common bluff example.
Figure 3. Bluff Impact Zone, Bluffline, Toe of bluff, and Top of Bluff
Bluffline: A line delineating the top of the bluff. More than one bluffline may be encountered
proceeding landward from the river. See Figure 2 for natural escarpment or cliff example and
Figure 3 for more common bluff example.
Bluff, Toe of: A line along the bottom of a bluff, requiring field verification, such that the slope
above the line exceeds 18 percent and the slope below the line is 18 percent or less, measured
over a horizontal distance of 25 feet. See Figures 2 for natural escarpment or cliff example and
Figure 3 for more common bluff example.
Bluff, Top of: A line along the top of a bluff, requiring field verification, such that the slope below
the line exceeds 18 percent and the slope above the line is 18 percent or less, measured over a
horizontal distance of 25 feet. See Figures 2 for natural escarpment or cliff example and Figure 3
for more common bluff example.
Buildable area: The area upon which structures may be placed on a lot or parcel of land and
excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones,
historic properties, wetlands, designated floodways, land below the ordinary high water level of
public waters, and other unbuildable areas.
Building: A structure with two or more outside rigid walls and a fully secured roof and affixed to
a permanent site.
Commissioner: The Commissioner of the Minnesota Department of Natural Resources.
Conservation design: A pattern of subdivision that is characterized by grouping lots within a
portion of a parcel, where the remaining portion of the parcel is permanently protected as open
space.
Conventional subdivision: A pattern of subdivision that is characterized by lots that are spread
regularly throughout a parcel in a lot and block design.
Deck: A horizontal, unenclosed, aboveground level structure open to the sky, with or without
attached railings, seats, trellises, or other features, attached or functionally related to a principal
use or site.
Developer: Having the meaning given under M.S. § 116G.03.
Development: Having the meaning given under M.S. § 116G.03.
Discretionary action: An action under this Chapter related to land use that requires a public
hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned
unit developments, special use permits, interim use permits, variances, appeals, and rezonings.
Dock: Having the meaning given under Minnesota Rules Chapter 6115.
Electric power facilities: Equipment and associated facilities for generating electric power or
devices for converting wind energy to electrical energy as identified and defined under M.S. §
216E.
Essential services: Underground or overhead gas, electrical, communications, steam, sanitary
sewer, or water distribution, treatment, collection, supply, or disposal systems, including storm
water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm
boxes, traffic signals, hydrants, navigational structures, aviation safety facilities, lift stations,
stormwater management facilities, or other similar equipment and accessories in conjunction with
the systems. Essential services do not include buildings, treatment works as defined in M.S. §
115.01, electric power facilities or transmission services.
Floodplain: Having the meaning given the meaning given under Minnesota Rules Chapter 6120.
Fully reconstructs: The reconstruction of an existing impervious surface that involves site grading
and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities
are not considered fully reconstructed.
Hard-surface trail: A trail surfaced in crushed aggregate, asphalt, or other hard surface, for public
use, as determined by local, regional, or state agency plans.
Historic property: An archaeological site, standing structure, site, district, or other property that is:
1. Listed in the National Register of Historic Places or the State Register of Historic Places or
locally designated as a historic site under Minnesota Statutes Chapter 471;
2. Determined to meet the criteria for eligibility to the National Register of Historic Places or
the State Register of Historic Places as determined by the Director of the Minnesota Historical
Society; or
3. An unplatted cemetery that falls under the provisions of Minnesota Statutes Chapter 307,
in consultation with the Office of the State Archaeologist.
Impervious surface: A constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate
of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking
lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces.
Intensive vegetation clearing: The removal of all or a majority of the trees or shrubs in a contiguous
patch, strip, row, or block.
Interim use: A use having the meaning given under Minnesota Statutes Chapters 394 and 462.
Land alteration: An activity that exposes the soil or changes the topography, drainage, or cross
section of the land, excluding gardening or similar minor soil disturbances. Also referred to as
“grading”.
Lift: A tram or other accessible means to get up and down steep slopes.
Lot width: The shortest distance between lot lines measured at both the ordinary high water level
and at the required structure setback from the ordinary high water level. See Figure 4.
Figure 4. Lot Width
Marina: Having the meaning given under Minnesota Rules Chapter 6115.
Mississippi Flyway: A major North American bird migration corridor that encompasses all MRCCA
districts.
Mooring Facility: Having the meaning given under Minnesota Rules part 6115.0170.
Native plant community: A plant community identified by the Minnesota Biological Survey or
biological survey issued or adopted by a local, state, or federal agency.
Natural-surface trail: A trail composed of native soil and rock or compacted granular stone,
primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional,
or state agency plans.
Natural vegetation: Any combination of ground cover, understory, and tree canopy that, while it
may have been altered by human activity, continues to stabilize soils, retain and filter runoff,
provide habitat, and recharge groundwater.
Nonmetallic mining: Construction, reconstruction, repair, relocation, expansion, or removal of any
facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals
such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as
access roads, bridges, culverts, and water level control structures. For purposes of this subpart,
“facility” includes all mine pits, quarries, stockpiles, basins, processing structures and equipment,
and any structures that drain or divert public waters to allow mining.
Off-premise advertising signs: Those signs that direct attention to a product, service, business, or
entertainment venue that is not exclusively related to the premises where the sign is located.
Ordinary high water level (OHWL): Having the meaning given under M.S. § 103G.005.
Parcel: Having the meaning given under M.S. § 116G.03.
Patio: A constructed hard surface located at ground level with no railings and open to the sky.
Picnic shelter: A roofed structure open on all sides, accessory to a recreational use.
Planned Unit Development: A method of land development that merges zoning and subdivision
controls, allowing developers to plan and develop a large area as a single entity, characterized by
a unified site design, a mix of structure types and land uses, and phasing of development over a
number of years. Planned unit development includes any conversion of existing structures and
land uses that utilize this method of development.
Plat: Having the meaning given under M.S. § 505 and 515B.
Primary conservation areas (PCAs): Key resources and features, including shore impact zones, bluff
impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage
routes, unstable soils and bedrock, native plant communities, cultural and historic properties, and
significant existing vegetative stands, tree canopies, and other resources identified in local
government plans.
Private facilities: Private roads, driveways, and parking areas, private water access and viewing
structures, decks and patios in setback areas, and private signs.
Public facilities: Public utilities, public transportation facilities, and public recreational facilities.
Public recreation facilities: Recreational facilities provided by the state or a local government and
dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks,
fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities
used for recreation.
Public river corridor views (PRCVs): Views toward the river from public parkland, historic
properties, and public overlooks, as well as views toward bluffs from the ordinary high water level
of the opposite shore, as seen during the summer months and documented in the MRCCA Chapter
of the comprehensive plan.
Public transportation facilities: All transportation facilities provided by federal, state, or local
government and dedicated to public use, such as roadways, transit facilities, railroads, and
bikeways.
Public utilities: Electric power facilities, essential services, and transmission services.
Public waters: Having the meaning given under M.S. § 103G.005.
Readily visible: Land and development that are easily seen from the ordinary high water level of
the opposite shore during summer months.
Resource agency: A federal, state, regional, or local agency that engages in environmental, natural,
or cultural resource protection or restoration activities, including planning, implementation, and
monitoring.
Retaining wall: A vertical or nearly vertical structures constructed of mortar and rubble masonry,
rock, or stone, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings,
poured concrete, concrete blocks, or other durable materials that in combination exceed four
vertical feet.
Rock riprap: Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge
abutments, pilings and other shoreline structures against scour, or water or ice erosion.
River corridor boundary: The boundary approved and adopted by the Metropolitan Council under
M.S. § 116G.06, as approved and adopted by the legislature in M.S. § 116G.15, and as legally
described in the State Register, volume 43, pages 508 to 518.
River-dependent use: The use of land for commercial, industrial, or utility purposes, where access
to and use of a public water feature is an integral part of the normal conduct of business and
where the use is dependent on shoreline facilities.
Selective vegetation removal: The removal of isolated individual trees or shrubs that are not in a
contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or
understory cover.
Setback: A separation distance measured horizontally.
Shore impact zone (SIZ): Land located between the ordinary high water level of public waters
and a line parallel to it at a setback of 50% of the required structure setback or, for agricultural
use, 50 feet landward of the ordinary high water level. See Figure 5.
Figure 5. Shore Impact Zone
Shoreline facilities: Facilities that require a location adjoining public waters for ingress and egress,
loading and unloading, and public water intake and outflow, such as watercraft lifts, marinas,
short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would
be enhanced by a shoreline location, but do not require a location adjoining public waters as part
of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships.
Sign: See definition in the Signs Chapter.
Steep slope: Any slope steeper than 15% fifteen percent (15 feet of rise for every 100 feet
horizontal run).
Storm water management facilities: Facilities for the collection, conveyance, treatment, or disposal
of storm water.
Structure: A building, sign, or appurtenance thereto, except for aerial or underground utility lines,
such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting
appurtenances.
Subsurface sewage treatment system. Having the meaning given under Minnesota Rules Part
7080.1100.
Transmission services: Electrical power lines, cables, pipelines, or conduits that are:
1. Used to transport power between two points, as identified and defined under M.S. § 216E.01,
Subd. 4; or
2. For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids,
or solids in suspension between two points; and
3. Telecommunication or electric lines, cables, pipelines, or conduits.
Treeline: The more or less continuous line formed by the tops of trees in a wooded area when
viewed from a particular point. The treeline is determined during all seasons as if under full foliage.
Variance: Having the meaning given under M.S. § 394.22.
Water access ramp: A boat ramp, carry-down site, boarding dock, and approach road, or other
access that allows launching and removal of a boat, canoe, or other watercraft with or without a
vehicle and trailer.
Water-oriented accessory structure: A small building or other improvement, except stairways,
fences, docks, and retaining walls, that, because of the relationship of its use to public waters,
needs to be located closer to public waters than the normal structure setback. Examples include
gazebos, screen houses, fish houses, pump houses, and detached decks and patios.
Water quality impact zone: Land within the shore impact zone or within 50 feet of the OHWL of
the river, whichever is greater, and land within 50 feet of a public water, wetland, or natural
drainage route.
Wetland: Having the meaning given under M.S. § 103G.005.
205.28.04 Administration
1. Permits. A permit is required for the construction of buildings, building additions, and
structures (including construction of decks and signs), vegetation removal consistent with
Section 205.28.11 and land alteration consistent with Section 205.28.12.
2. Variances. Variances to the requirements under this Chapter may only be granted in
accordance with M.S. § 462.357 and must consider the potential impacts on primary
conservation areas, public river corridor views, birds and other wildlife using the Mississippi
Flyway through habitat loss, collision threats or light pollution, and other resources identified
in the MRCCA plan. In reviewing the variance application, the following shall be considered:
(a) Impacts to the resources listed above. If negative impacts are found, require conditions
to mitigate the impacts that are related to and proportional to the impacts consistent with
Section 205.28.04.04; and
(b) Make written findings that the variance is consistent with the purpose of this Chapter
as follows:
(1) The extent, location and intensity of the variance will be in substantial compliance
with the MRCCA Plan; and
(2) The variance is consistent with the character and management purpose of the
MRCCA district in which it is located.
3. Special and interim use permits. All special and interim uses, required under this Chapter,
must comply with M.S. § 462.3595 and must consider the potential impacts on primary
conservation areas, public river corridor views, birds and other wildlife using the Mississippi
Flyway through habitat loss, collision threats or light pollution, public access, and other
resources identified in the MRCCA plan. In reviewing the application, the following shall be
considered:
(a) Impacts to the resources listed above. If negative impacts are found, require conditions
to mitigate the impacts that are related to and proportional to the impacts consistent with
Section 205.28.04.04; and
(b) Make written findings that the special and interim use permit is consistent with the
purpose of this Chapter as follows:
(1) The extent, location and intensity of the special or interim use permit will be in
substantial compliance with the MRCCA Plan; and
(2) The special or interim use permit is consistent with the character and
management purpose of the MRCCA district in which it is located.
4. Mitigation of impacts. Negative impacts to primary conservation areas, public river corridor
views, and other resources identified in the MRCCA Plan occurring due to variances, special
use permits, or interim use permits must be mitigated for in a way that is related to and
proportional to the impacts. Mitigation may include:
(a) Restoration of vegetation;
(b) Implementation of animal habitat support as outlined in the most recent version of the
Minnesota B3 Guidelines;
(c) Increasing and/or improving habitat for pollinators, birds, and other wildlife using
native trees, shrubs, and vegetation;
(d) Expansion of public access;
(e) Preservation of existing vegetation;
(f) Storm water runoff management;
(g) Reducing impervious surface;
(h) Increasing structure setbacks;
(i) Wetland and drainage route restoration and/or preservation;
(j) Limiting the height of structures;
(k) Modifying structure design to limit visual impacts on public river corridor views; and
(l) Other conservation measures.
5. Application materials. Applications for permits and discretionary actions required under this
Chapter must submit the following information unless the City Manager or their designee
determines that the information is not needed.
(a) A detailed project description; and
(b) Scaled maps and plans, dimensional renderings, maintenance agreements, and other
materials that identify and describe:
(1) Primary conservation areas;
(2) Public river corridor views;
(3) Buildable area;
(4) Proposed size, alignment, height, and intended use of any structure to be erected
or located on the site;
(5) A delineation of the location and amounts of excavated soils to be stored on the
site during construction;
(6) Existing and proposed topography and drainage patterns;
(7) Proposed storm water and erosion and sediment control practices;
(8) Existing and proposed vegetation to be removed and established;
(9) Ordinary high water level, blufflines, and all required setbacks;
(10) Existing and proposed impervious surfaces as well as surfacing to be used; and
(11) Any other information pertinent to the particular project which in the opinion of
the City or applicant is necessary or helpful for the review of the project.
6. Nonconformities
(a) All legally established nonconformities as of the date of adoption of this Chapter may
continue consistent with M.S. § 462.357, Subd. 1e.
(b) Site alterations and expansion of site alterations that were legally made prior to the
effective date of this ordinance are conforming. Site alterations include vegetation, erosion
control, storm water control measures, and other nonstructural site improvements.
(c) Legally nonconforming principal structures that do not meet the setback requirements
of Section 205.28.07.03 may be expanded laterally provided that:
(1) The expansion does not extend into the shore or bluff impact zone or further into
the required setback than the building line of the existing principal structure (See
Figure 6); and
(2) The expanded structure’s scale and bulk is consistent with that of the original
structure and existing surrounding development.
Figure 6. Expansion of Nonconforming Structure
7. Notifications
(a) Amendments to this Chapter and to the MRCCA plan must be submitted to the
Commissioner of the Department of Natural Resources (DNR) as provided in Minnesota
Rules Part 6106.0070, Subp. 3, Items B – I.
(b) Notice of public hearings for discretionary actions, including special and interim use
permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, and PUDs,
must be sent to the following entities at least 10 days prior to the hearing:
(1) The Commissioner of the DNR in a format prescribed by the DNR;
(2) National Park Service; and
(3) Where building heights exceed the height limits specified in Section 205.28.07.01
as part of the special use or variance process, adjoining local governments within the
MRCCA, including those with overlapping jurisdiction and those across the river.
(c) Notice of final decisions for actions in Section 205.28.04.07.B, including findings of fact,
must be sent to the Commissioner of the DNR, the National Park Service, and adjoining
local governments within the MRCCA within ten (10) days of the final decision.
(d) Requests to amend district boundaries must follow the provisions in Minnesota Rules
Part 6106.0100, Subp. 9, Item C.
8. Accommodating disabilities. Reasonable accommodations for ramps or other facilities to
provide persons with disabilities access to the persons’ property, as required by the federal
Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota
Rules Chapter 1341, must:
(a) Comply with Sections 205.28.07-205.28.14; or
(b) If Sections 205.28.07-205.28.14 cannot be complied with, ramps or other facilities are
allowed with a Reasonable Accommodation License provided:
(1) The license terminates on either a specific date or upon occurrence of a particular
event related to the person requiring accommodation; and
(2) Upon expiration of the permit, the ramp or other facilities must be removed.
205.28.05 MRCCA Districts
1. District description and management purpose. The MRCCA within Fridley is divided into the
following MRCCA districts:
(a) Rural and Open Space (ROS)
The Rural and Open Space District is characterized by rural and low-density development
patterns and land uses and includes land that is riparian or visible from the river, as well
as large, undeveloped tracts of high ecological and scenic value, floodplain, and
undeveloped islands. Many primary conservation areas exist in the district.
The Rural and Open Space District must be managed to sustain and restore the rural and
natural character of the corridor and to protect and enhance habitat, parks and open
space, public river corridor views, and scenic, natural, and historic areas.
(b) River Neighborhood (RN)
The River Neighborhood District is characterized by primarily residential neighborhoods
that are riparian or readily visible from the river or that abut riparian parkland. The district
includes parks and open space, limited commercial development, marinas, and related
land uses.
The River Neighborhood District must be managed to maintain the character of the river
corridor within the context of existing residential and related neighborhood development,
and to protect and enhance habitat, parks and open space, public river corridor views, and
scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm
water into the river and enhancing habitat and shoreline vegetation are priorities in the
district.
(c) Separated from River (SR)
The Separated from River District is characterized by its physical and visual distance from
the Mississippi River. The district includes land separated from the river by distance,
topography, development, or a transportation corridor. The land in this district is not
readily visible from the Mississippi River.
The Separated from River district provides flexibility in managing development without
negatively affecting the key resources and features of the river corridor. Minimizing
negative impacts to primary conservation areas and minimizing erosion and flow of
untreated storm water into the Mississippi River are priorities in the district. The SR district
must be managed in a manner that allows continued growth and redevelopment in historic
downtowns and more intensive redevelopment in limited areas at river crossings to
accommodate compact walkable development patterns and connections to the river.
Minimizing erosion and the flow of untreated storm water into the river, providing public
access to and public views of the river, and restoring natural vegetation in riparian areas
and tree canopy are priorities in the district.
2. Urban Mixed (UM)
The Urban Mixed District includes large areas of highly urbanized mixed use that are a part of
the urban fabric of the river corridor, including institutional, commercial, industrial, and
residential areas and parks and open space.
The Urban Mixed District must be managed in a manner that allows for future growth and
potential transition of intensely developed areas that does not negatively affect public river
corridor views and that protects bluffs and floodplains. Restoring and enhancing bluff and
shoreline habitat, minimizing erosion and flow of untreated storm water into the river, and
providing public access to and public views of the river are priorities in the district.
3. MRCCA district map
The locations and boundaries of the MRCCA districts established by this Chapter are shown
on the Critical Area Overlay District Map, which is incorporated herein by reference. The district
boundary lines are intended to follow the centerlines of rivers and streams, highways, streets,
lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map.
Where district boundaries cross unsubdivided property, the district boundary line is
determined by use of dimensions or the scale appearing on the map.
205.28.06 Special Land Use Provisions
1. Uses excluded. The following uses are excluded from the MRCCA:
(a) Any use that is excluded within the underlying zoning district;
(b) Any barge fleeting or barge loading;
(c) Any solid waste storage use or treatment facilities;
(d) Any mining or extraction uses other than the soil preparation or peat removal necessary
for construction;
(e) The construction of new subsurface sewage treatment systems;
(f) Agricultural use unless perennial ground cover is provided within at least 50 feet of the
ordinary high water level and within the bluff impact zone; and
(g) Tree harvesting and biomass harvesting within woodlands, and associated
reforestation, unless it is conducted consistent with recommended practices in Conserving
Wooded Areas in Developing Communities: Best Management Practices in Minnesota.
2. River-dependent uses. River-dependent uses must comply with the following design
standards:
(a) Structures and parking areas, except shoreline facilities and private roads and
conveyances serving river-dependent uses as provided in Section 205.28.14, must meet
the dimensional and performance standards in this Chapter, must be designed so that they
are not readily visible, and must be screened by establishing and maintaining natural
vegetation;
(b) Shoreline facilities must comply with Minnesota Rules Chapter 6115 and must:
(1) Minimize the shoreline area affected in so far as feasible; and
(2) Minimize the surface area of land occupied in relation to the number of watercrafts
to be served;
(c) Dredging and placement of dredged material are subject to existing federal and state
permit requirements and agreements.
3. Wireless communication towers
(a) Wireless communication towers that existed in the MRCCA prior to the adoption of this
Chapter are considered legally nonconforming.
(b) A new wireless communication towers or the physical modification of an existing
wireless communication tower that results in an increase in the intensity of the
nonconforming use requires a special use permit and is subject to the following design
standards:
(1) The applicant must demonstrate that functional coverage cannot be provided
through co-location, a tower at a lower height, or a tower at a location outside of the
MRCCA;
(2) Freestanding towers must not be located in a bluff or shore impact zone;
(3) Placement of the tower must minimize impacts on public river corridor views; and
(4) Comply with the general design standards in Section 205.28.09.01.
205.28.07 Structure Height, Placement, and Lot Size
1. Structure height. Structures and facilities must comply with the following standards or the
underlying development standard, whichever is lesser, unless identified as exempt in Section
205.28.14. Height is measured on the side of the structure facing the Mississippi River:
(a) River and Open Space District: 35 feet.
(b) River Neighborhood District: 35 feet.
(c) Separated from River District: Height is determined by underlying development
standard, provided the allowed height is consistent with that of the mature treeline, where
present, and existing surrounding development, as viewed from the OWHL of the opposite
shore.
(d) Urban Mixed District: 65 feet, provided tiering of structures away from the Mississippi
River and from blufflines is given priority, with lower structure heights closer to the river
and blufflines, and that structure design and placement minimize interference with public
river corridor views. Structures over 65 feet are allowed as a Special Use according to
Section 205.28.07.02.
2. In addition to the variance or special use requirements of Section 205.28.04.04, criteria for
considering whether to grant a variance or special use permit for structures exceeding the
height limits must include:
(a) Assessment of the visual impact of the proposed structure on public river corridor
views, including views from other communities;
(b) Identification and application of techniques to minimize the perceived bulk of the
proposed structure, such as:
(1) Placing the long axis of the building perpendicular to the river;
(2) Stepping back of portions of the facade;
(3) Lowering the roof pitch or use of a flat roof;
(4) Using building materials or mitigation techniques that will blend in with the natural
surrounds;
(5) Implementation of animal habitat support as outlined in the most recent version of
the Minnesota B3 Guidelines;
(6) Narrowing the profile of upper floors of the building;
(7) Increasing the setbacks of the building from the Mississippi River or blufflines; or
(8) Opportunities for creation or enhancement of public river corridor views.
3. Structure and impervious surface placement.
(a) Structures and impervious surface must not be placed in the shore or bluff impact zones
unless identified as an exemption in Section 205.28.14.
(b) Structures, impervious surfaces, and facilities must comply with the following OHWL
setback provisions unless identified as exempt in Section 205.28.14:
(1) Rural and Open Space District: 200 feet from the Mississippi River.
(2) River Neighborhood District: 100 feet from the Mississippi River.
(3) Urban Mixed District: 50 feet from the Mississippi River.
(4) Oak Glen Creek, Rice Creek, Springbrook Creek, Stonybrook Creek: 50 feet.
(c) Structures, impervious surfaces, and facilities must comply with the following bluffline
setback provisions unless identified as exempt in Section 205.28.14:
(1) Rural and Open Space District: 100 feet.
(2) River Neighborhood District: 40 feet.
(3) Separated from River District: 40 feet.
(4) Urban Mixed District: 40 feet.
(d) Impervious surface lot coverage must not exceed 35% on any lot within the Shoreland
Overlay District except as a variance which shall comply with the following standards:
(1) All structures, additions or expansions shall meet setback and other requirements
of this Code;
(2) The lot shall be served with municipal sewer and water;
(3) The lot shall provide for the collection and treatment of stormwater in compliance
with Stormwater Management and Erosion Control Chapter of the Code; and
(4) Measures shall be taken for the treatment of stormwater runoff and/or prevention
of stormwater from directly entering a public water.
4. Lot size and buildable area.
(a) The width of lots abutting the Mississippi River in the ROS District must be at least 200
feet, unless alternative design methods are used that provide greater protection of the
riparian area.
(b) All new lots must have adequate buildable area to comply with the setback
requirements of Sections Section 205.28.07.01 and Section 205.28.07.03 so as to not
require variances to use the lots for their intended purpose.
205.28.08 Performance Standards for Private Facilities
1. General design standards. All private facilities must be developed in accordance with the
vegetation management and land alteration requirements in Sections 205.28.11 and 205.28.12.
2. Private roads, driveways, and parking areas. Except as provided in Section 205.28.14, private
roads, driveways and parking areas must:
(a) Be designed to take advantage of natural vegetation and topography so that they are
not readily visible from the river;
(b) Comply with structure and impervious surface setback requirements according to
Section 205.28.07.03; and
(c) Not be placed within the bluff impact zone or shore impact zone, unless exempt under
Section 205.28.14 and designed consistent with Section 205.28.09.01.
3. Private water access and viewing facilities.
(a) Private access paths must be no more than:
(1) Eight feet wide, if placed within the shore impact zone; and
(2) Four feet wide, if placed within the bluff impact zone.
(b) Private water access ramps must:
(1) Comply with Minnesota Rules Parts 6115.0210 and 6280.0250; and
(2) Be designed and constructed consistent with the applicable standards in the most
current version of the Design Handbook for Recreational Boating and Fishing Facilities.
(c) Design and construction of private stairways, lifts, and landings located above the
OHWL are subject to the following standards:
(1) Stairways and lifts must not exceed four feet in width on residential lots. Wider
stairways may be approved for commercial properties and residential facilities held in
common;
(2) Landings for stairways and lifts on residential lots must not exceed 32 square feet
in area. Landings larger than 32 square feet area may be approved for commercial
properties and residential facilities held in common;
(3) Canopies or roofs are prohibited on stairways, lifts, or landings;
(4) Stairways, lifts, and landings must be located in the least visible portion of the lot
whenever practical; and
(5) Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities
are allowed for achieving access to shore areas according to Section 205.28.08.3.C 1-
4, and as provided under Section 205.28.04.08.
(d) One water-oriented accessory structure is allowed for each riparian lot or parcel less
than 300 feet in width at the ordinary high water level, with one additional water-oriented
accessory structure allowed for each additional 300 feet of shoreline on the same lot or
parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and
must:
(1) Not exceed 12 feet in height;
(2) Not exceed 120 square feet in area; and
(3) Be placed a minimum of 10 feet from the ordinary high water level.
3. Decks and patios in setback areas. Decks and at-grade patios may encroach into the
required setbacks from the ordinary high water level and blufflines without a variance, when
consistent with Sections 205.28.11 and 205.28.12, provided that:
(a) The encroachment of the deck or patio into the required setback area does not exceed
15% of the required structure setback;
(b) The area of the deck or patio that extends into the required setback area occupies no
more than 25% of the total area between the required setback and the 15% using the
formula:
Required setback depth (feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum total
area.
(c) The deck or patio does not extend into the bluff impact zone. See Figure 7.
Figure 7. Deck and Patio Encroachment
4. Off-Premise and Directional Signs
(a) Off-premise advertising signs must:
(1) Meet required structure height and placement standards in Sections
205.28.07.01 and 205.28.07.03.
(2) Not be readily visible from the river
(b) Directional signs for patrons arriving at a business by watercraft must comply with the
following standards:
(1) They must be consistent with M.S. § 86B.115.
(2) Only convey the location and name of the establishment and the general types of
goods and services available, if located in a shore impact zone.
(3) Be no greater than ten feet in height and 32 square feet in surface area; and
(4) If illuminated, the lighting must be shielded and directed downward to prevent
illumination out across the river or to the sky.
5. Lighting. Within the Shore Impact Zone:
(a) Lighting shall be fully shielded and directed away from the river.
(b) Uplighting is prohibited.
6. Line of Sight. The development of new, or the expansion of existing structures, shall be
placed so that the development is consistent with the preservation of the view of the river
corridor from other properties on both sides of the river and by the public. The walling off of
views of the river corridor from other properties and public right-of-ways shall be prohibited.
205.28.09 Performance Standards for Public Facilities
1. General design standards. All public facilities must be designed and constructed to:
(a) Minimize visibility of the facility from the river to the extent consistent with the purpose
of the facility;
(b) Comply with the structure placement and height standards in Section 205.28.07, except
as provided in Section 205.28.14;
(c) Be consistent with the vegetation management standards in Section 205.28.11 and the
land alteration and storm water management standards in Section 205.28.12, including
use of practices identified in Best Practices for Meeting DNR General Public Waters Work
Permit GP 2004-0001, where applicable; and
(d) Avoid primary conservation areas, unless no alternative exists. If no alternative exists,
then disturbance to primary conservation areas must be avoided to the greatest extent
practicable, and design and construction must minimize impacts.
(e) Where feasible, minimize disturbance of spawning and nesting times by scheduling
construction at times when local fish and wildlife are not spawning or nesting in areas
where this activity is known to occur.
2. Right-of-way maintenance standards. Right-of-way maintenance must comply with the
following standards:
(a) Vegetation currently in a natural state must be maintained to the extent feasible;
(b) Where vegetation in a natural state has been removed, native plants must be planted
and maintained on the right-of-way; and
(c) Chemical control of vegetation must be avoided when practicable, but when chemical
control is necessary, chemicals used must be in accordance with the regulations and other
requirements of all state and federal agencies with authority over the chemical’s use.
3. Crossings of public water or public land. Crossings of public waters or land controlled by
the commissioner are subject to approval by the commissioner according to M.S. § 84.415 and
103G.245.
4. Public utilities. Public utilities must comply with the following standards:
(a) High-voltage transmission lines, wind energy conversion systems greater than five
megawatts, and pipelines are regulated according to Minnesota Statutes Chapter 216E,
216F, and 216G respectively;
(b) Primary consideration shall be given to underground placement of facilities in order to
minimize aesthetic, environmental and public safety aspects. When considering overhead
placement, the developer must show the reasoning that makes underground placement
unfeasible;
(c) If underground placement is unfeasible, visibility of the facility from the river must be
minimized as much as practicable; and
(d) The appearance of structures must be as compatible as practicable with the
surrounding area in a natural state with regard to height and width, materials used, and
color.
5. Public transportation facilities. Public transportation facilities shall comply with structure
placement and height standards in Section 205.28.07 except as provided in Section 205.28.14.
Where such facilities intersect or abut two or more MRCCA districts, the least restrictive
standards apply. Public transportation facilities must be designed and constructed to give
priority to:
(a) Providing scenic overlooks for motorists, bicyclists, and pedestrians;
(b) Providing safe pedestrian crossings and facilities along the river corridor;
(c) Providing access to the riverfront in public ownership; and
(d) Allowing for use of the land between the river and the transportation facility.
6. Public recreational facilities. Public recreational facilities must comply with the following
standards:
(a) Buildings and parking associated with public recreational facilities must comply with
the structure placement and height standards in Section 205.28.07, except as provided in
Section 205.28.14;
(b) Roads and driveways associated with public recreational facilities must not be placed
in the bluff or shore impact zones unless no other placement alternative exists. If no
alternative exists, then design and construction must minimize impacts to shoreline
vegetation, erodible soils and slopes, and other sensitive resources;
(c) Trails, access paths, and viewing areas associated with public recreational facilities and
providing access to or views of the Mississippi River are allowed within the bluff and shore
impact zones if design, construction, and maintenance methods are consistent with the
best management practice guidelines in Trail Planning, Design, and Development
Guidelines:
(1) Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30%.
Natural surface trails are allowed, provided they do not exceed eight feet in width.
(2) Trails, paths, and viewing areas must be designed and constructed to minimize:
((a)) Visibility from the river;
((b)) Visual impacts on public river corridor views; and
((c)) Disturbance to and fragmentation of primary conservation areas.
(d) Public water access facilities must comply with the following requirements:
(1) Watercraft access ramps must comply with Minnesota Rules Chapters 6115.0210 and
6280.0250; and
(2) Facilities must be designed and constructed consistent with the standards in the
most recent version of the Minnesota DNR’s Design Handbook for Recreational Boating
and Fishing Facilities.
(e) Public signs and kiosks for interpretive or directional purposes are allowed in the bluff
or shore impact zones, provided they are placed and constructed to minimize disturbance
to these areas and avoid visual impacts on public river corridor views; and
(f) Public stairways, lifts, and landings must be designed as provided in Section
205.28.08.03.C.
205.28.10 Public Access
1. Public river access to and along the river shall be provided for any new development that
is adjacent to or part of a city plan including public access.
2. Public river access shall be provided to the riverfront of developments on publicly owned
and publicly controlled riverfront property where feasible.
205.28.11 Vegetation Management
1. Applicability. This section applies to:
(a) Shore impact zones;
(b) Areas within 50 feet of a wetland or natural drainage route;
(c) Bluff impact zones;
(d) Areas of native plant communities; and
(e) Significant existing vegetative stands identified in the MRCCA plan
2. General performance standards for vegetation management. The general performance
standards for vegetation management are as follows:
(a) Development must be sited to minimize removal of or disturbance to natural
vegetation;
(b) Soil, slope stability, and hydrologic conditions are suitable for the proposed work as
determined by the City Manager or their designee
(c) Clearing is the minimum necessary and designed to blend with the natural terrain and
minimize visual impacts to public river corridor views;
(d) Vegetation removal activities must be conducted so as to expose the smallest practical
area of soil to erosion for the least possible time; and
(e) Grading must be conducted in a manner that preserves the root zone aeration and
stability of existing trees and provides an adequate watering area equal to at least one-
half of each tree crown. If this is not possible, a replacement tree must be provided in
conformance with Section 205.28.11.07.
3. Activities allowed without a permit:
(a) Maintenance of existing lawns, landscaping, and gardens;
(b) Removal of vegetation in emergency situations as determined by the City Manager or
their designee;
(c) Right-of-way maintenance for public facilities meeting the standards Section
205.28.09.02
(d) Agricultural and forestry activities meeting the standards of Sections 205.28.06.01.F and
205.28.06.01.G;
(f) Selective vegetation removal provided that vegetative cover as viewed from the river
remains consistent with the management purpose of the MRCCA district and trees are
replaced in conformance with Section 205.28.11.06.
4. Activities allowed with a permit. Only the following intensive vegetation clearing activities
are allowed with a permit, all other forms of intensive vegetation clearing are prohibited:
(a) Clearing of vegetation that is dead, diseased, dying, or hazardous;
(b) Clearing to prevent the spread of diseases or insect pests;
(c) Clearing to remove invasive non-native species;
(d) Clearing for habitat restoration and erosion control management activities consistent
with an approved plan;
(e) The minimum necessary for development that is allowed with a building permit or as
an exemption under Section 205.28.14.
5. Vegetation restoration plan. Development of a vegetation restoration plan and
reestablishment of natural vegetation is required in the following circumstances:
(a) For any vegetation removed with a permit under Section 205.28.11.04;
(b) Upon failure to comply with any provisions in this Section; or
(c) As part of the planning process for subdivisions as provided in Section 205.28.13.
6. Vegetation Restoration Plan Performance Standards. The vegetation restoration plan must
satisfy the application submittal requirements in Section 205.28.04.05, and:
(a) Vegetation must be restored in one or more of the following restoration priority areas:
(1) Stabilization of erodible soils including with soils showing signs of erosion,
especially on or near the top and bottom of steep slopes and bluffs;
(2) Restoration or enhancement of shoreline vegetation including shoreline areas
within 25 feet of the water with no natural vegetation, degraded vegetation, or planted
with turf grass;
(3) Revegetation of bluffs or steep slopes visible from the river; and
(4) Other approved priority opportunity area, including priorities identified in the
MRCCA plan, if none of the above exist.
(b) Include vegetation that provides suitable habitat and effective soil stability, runoff
retention, and infiltration capability. Vegetation species, composition, density, and
diversity must be guided by nearby patches of native plant communities and by Native
Vegetation Establishment and Enhancement Guidelines;
(c) Any highly erodible soils disturbed during removal and/or restoration must be
stabilized with deep-rooted vegetation with a high stem density;
(d) Vegetation removed must be restored with natural vegetation to the greatest extent
practicable. The area (square feet) of the restored vegetation should be similar to that
removed to the greatest extent practicable;
(e) For restoration of removed native plant communities, restored vegetation must also
provide biological and ecological function equivalent to the removed native plant
communities;
(f) Be prepared by a qualified individual except for:
(1) Vegetation plans required in response to Section 205.28.11.04.D which must be
prepared by a professional ecologist, landscape architect, or person with demonstrable
experience and knowledge related to vegetation management as accepted and
approved by the City; and
(g) Include a maintenance plan that includes management provisions for controlling
invasive species and replacement of plant loss for three years.
7. Tree Removal and Replacement
(a) Except for tree removal conducted in accordance with Section 205.28.04.D with an
approved vegetation restoration plan, any trees over four inches diameter at breast height
that are removed shall be restored with an equal number of trees to that which existed
before cutting by September 30 of the subsequent year. If insufficient space is available
for tree replanting as determined by the City, a monetary fee may be provided in lieu of
tree replanting.
205.28.12 Land Alteration and Stormwater Management
1. Land alteration
(a) Within the bluff impact zone, land alteration is prohibited, except for the following,
which are allowed with a permit:
(1) Erosion control consistent with a plan approved by the City Manager or their
designee;
(2) The minimum necessary that is allowed as an exception under Section 205.28.14;
and
(3) Repair and maintenance of existing buildings and facilities.
(b) Within the water quality impact zone, land alteration that involves more than ten cubic
yards of material or affects an area greater than 1,000 square feet requires a permit.
2. Rock riprap, retaining walls, and other erosion control structures
(a) Construction, repair, or replacement of rock riprap, retaining walls, and other erosion
control structures located at or below the OHWL must comply with Minnesota Rules Part
6115.0215, Subp. 4, item E, and 6115.0216, Subp. 2. Work must not proceed until
necessary approvals by the Commissioner, the US Army Corps of Engineers as necessary,
and any other required permits are obtained. See Figure 8.
Figure 8. Riprap Guidelines
(b) Construction or replacement of rock riprap, retaining walls, and other erosion control
structures within the bluff impact zone and the water quality impact zone are allowed with
a permit consistent with provisions of Section 205.28.12.5 provided that:
(1) If the project includes work at or below the OHWL, the commissioner has already
approved or permitted the project;
(2) The structures are used only to correct an established erosion problem as
determined by the City Engineer or their designee;
(3) The size and extent of the structures are the minimum necessary to correct the
erosion problem and are not larger than the following, unless a professional engineer
determines that a larger structure is needed to correct the erosion problem:
((a)) Retaining walls must not exceed four feet in height;
((b)) Retaining walls must be placed a minimum horizontal distance of twenty feet
apart; and
((c)) Riprap must not exceed the height of the regulatory flood protection elevation.
(c) Repair of existing rock riprap, retaining walls, and other erosion control structures
above the OHWL does not require a permit provided it does not involve any land
alteration.
3. Storm water management.
(a) In the bluff impact zone, storm water management facilities are prohibited, except by
permit if:
(1) There are no alternatives for storm water treatment outside the bluff impact zone
on the subject site;
(2) The site generating runoff is designed so that the amount of runoff reaching the
bluff impact zone is reduced to the greatest extent practicable;
(3) The construction and operation of the facility does not affect slope stability on the
subject property or adjacent properties; and
(4) Mitigation based on the best available engineering and geological practices is
required and applied to eliminate or minimize the risk of slope failure.
(b) In the water quality impact zone, development that creates new impervious surface,
as allowed by exemption in Section 205.28.14, or fully reconstructs existing impervious
surface of more than 10,000 square feet requires a permit. Multipurpose trails and
sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least
five feet wide.
(c) In all other areas, storm water runoff must be directed away from the bluff impact
zones or unstable areas.
4. Development on steep slopes.
Construction of structures, impervious surfaces, land alteration, vegetation removal, or other
construction activities are allowed on steep slopes if:
(a) The development can be accomplished without increasing erosion or storm water
runoff;
(b) The soil types and geology are suitable for the proposed development; and
(c) Vegetation is managed according to the requirements of Section 205.28.11.
5. Conditions of land alteration permit approval within the Critical Area
(a) Temporary and permanent erosion and sediment control measures retain sediment
onsite consistent with best management practices in the Minnesota Stormwater Manual;
(b) Natural site topography, soil, and vegetation conditions are used to control runoff and
reduce erosion and sedimentation;
(c) Construction activity is phased when possible;
(d) All erosion and sediment controls are installed before starting any land alteration;
(e) Erosion and sediment controls are maintained during construction to ensure effective
operation;
(f) The proposed work is consistent with the vegetation standards in Section 205.28.11;
and
(g) Best management practices for protecting and enhancing ecological and water
resources identified in Best Practices for Meeting DNR General Public Waters Work Permit
GP 2004-0001.
6. Compliance with other plans and programs. All land alteration must:
(a) Be consistent with Minnesota Statutes Chapter 103B, and local water management
plans completed under Minnesota Rules Chapter 8410;
(b) Meet or exceed the wetland protection standards under Minnesota Rules Chapter 8420;
(c) Comply with the Floodplain Management Overlay District Chapter; and,
(d) Comply with the Stormwater Management and Erosion Control Chapter.
205.28.13 Subdivisions
1. The design standards in this Section apply to subdivisions, planned unit developments
and master- planned development and redevelopment of land involving ten or more acres
for contiguous parcels that abut the Mississippi River and 20 or more acres for all other
parcels within the MRCCA, including smaller individual sites within these developments
that are part of a common plan of development that may be constructed at different times.
2. The following activities are exempt from the requirements of this Section:
(a) Minor subdivisions consisting of three or fewer lots;
(b) Minor boundary line corrections;
(c) Resolutions of encroachments;
(d) Additions to existing lots of record;
(e) Placement of essential services; and
(f) Activities involving river-dependent commercial and industrial uses.
3. Project information listed in Section 205.28.04.05 must be submitted for all proposed
developments.
4. Design standards.
(a) Primary conservation areas, where they exist, must be set aside and designated as
protected open space in quantities meeting the following as a percentage of total parcel
area:
(1) CA-ROS District: 50%;
(2) CA-RN District: 20%;
(3) CA-UM: 10%; and
(4) CA-SR District: 10% if the parcel includes native plant communities or provides
feasible connections to a park or trail system, otherwise no requirement.
(b) If the primary conservation areas exceed the amounts specified in Section 205.28.13.04,
then protection of native plant communities and natural vegetation in riparian areas shall
be prioritized.
(c) If primary conservation areas exist but do not have natural vegetation (identified as
restoration priorities in the MRCCA Plan), then a vegetation assessment must be
completed to evaluate the unvegetated primary conservation areas and determine
whether vegetation restoration is needed. If restoration is needed, vegetation must be
restored according to Section 205.28.11.04.
(d) If primary conservation areas do not exist on the parcel and portions of the parcel have
been identified in the MRCCA plan as a restoration area, vegetation must be restored in
the identified areas according to Section 205.28.11.04, and the area must be set aside and
designated as protected open space.
(e) Storm water treatment areas or other green infrastructure may be used to meet the
protected open space requirements if the vegetation provides biological and ecological
functions.
(f) Land dedicated under the Subdivision Chapter for public river access, parks, or other
open space or public facilities may be counted toward the protected open space
requirement.
(g) Protected open space areas must connect open space, natural areas, and recreational
areas, where present on adjacent parcels, as much as possible to form an interconnected
network.
5. Permanent protection of designated open space
(a) Designated open space areas must be protected through one or more of the following
methods:
(1) Public acquisition by a government entity for conservation purposes;
(2) A permanent conservation easement, as provided in Minnesota Statutes Chapter
84C;
(3) A deed restriction; or
(4) Other arrangements that achieve an equivalent degree of protection.
(b) Permanent protection methods must ensure the long-term management of vegetation
to meet its biological and ecological functions, prohibit structures, and prohibit land
alteration, except as needed to provide public recreational facilities and access to the river.
6. Alternative design standards. Applicants are encouraged to propose alternative design
methods that achieve better protection or restoration of primary conservation areas.
Methods may include protection and restoration of continuous vegetation, preventing the
fragmentation of vegetation, concentration of density in exchange for higher levels of open
space protection, or other zoning and site design techniques.
205.28.14 Exemptions
1. Applicability
(a) Uses and activities not specifically exempted must comply with this Chapter. Uses and
activities exempted under shore impact zone and bluff impact zone must comply with the
vegetation management and land alteration standards in Sections 205.28.11 and
205.28.12.
(b) Uses and activities in this Section are categorized as:
(1) Exempt – E. This means that the use or activity is allowed;
(2) Exempt if no alternative - (E). This means that the use or activity is allowed only if
no alternatives exist; and
(3) Not exempt - N. This means that a use or activity is not exempt and must meet the
standards of this Chapter.
2. Use and activity exemptions classification.
(a) General uses and activities.
Use or Activity Set HeighSIBIApplicable standards with
backs t Z Z which the use or activity
Limits must comply
Industrial and utility structures requiring N E N N Structure design and
greater height for operational reasons placement must minimize
(such as elevators, refineries and railroad interference with public river
signaling towers) corridor views.
Barns, silos, and farm structures N E N N
Bridges and bridge approach roadways E E E (E) Section 205.28.09
Use or Activity Set HeighSIBIApplicable standards with
backs t Z Z which the use or activity
Limits must comply
Wireless communication towers E E N N Section 205.28.06.03
Chimneys, religious spires, flag poles, N E N N
public monuments, and mechanical stacks
and equipment
Historic properties and contributing E E E E Exemptions do not apply to
properties in historic districts additions or site alterations
(b) Public utilities.
Use or Activity Set HeighSIBIApplicable standards with
backs t Z Z which the use or activity
Limits must comply
Electrical power facilities E E E (E) Section 205.28.09
Essential services (other than storm water E E E (E) Section 205.28.09
facilities)
Storm water facilities E N E (E) Section 205.28.12
Wastewater treatment E N E N Section 205.28.09
Public transportation facilities E N (E) (E) Section 205.28.09
(c) Public recreational facilities.
Use or Activity Set HeighSIBIApplicable standards with
backs t Z Z which the use or activity
Limits must comply
Accessory structures, such as monuments, E E (E) (E) Section 205.28.09; within
flagpoles, light standards, and similar park BIZ, only on slopes
features averaging less than 30%.
Exemptions do not apply to
principal structures.
Picnic shelters and other open-sided E N (E) N Section 205.28.09
structures
Parking lots (E) N (E) (E) Section 205.28.09; within
BIZ, only within 20 feet of
toe of bluff; not on face of
bluff; and must not affect
stability of bluff
Roads and driveways (E) N (E) (E) Section 205.28.09
Natural-surfaced trails, access paths, and E N E E Section 205.28.09
viewing areas
Use or Activity Set HeighSIBIApplicable standards with
backs t Z Z which the use or activity
Limits must comply
Hard-surfaced trails and viewing platforms E N E (E) Section 205.28.09; within
BIZ, only on slopes
averaging less than 30%
Water access ramps E N E (E) Section 205.28.09
Public signs and kiosks for interpretive or E N E (E) Section 205.28.09
directional purposes
(d) River-dependent uses.
Use or Activity Set HeighSIBIApplicable standards with
backs t Z Z which the use or activity
Limits must comply
Shoreline facilities E N E (E) Section 5.25. Exemptions do
not apply to buildings,
structures, and parking
areas that are not part of a
shoreline facility. River-
dependent commercial,
industrial, and utility
structures are exempt from
height limits only if greater
height is required for
operational reasons.
Private roads and conveyance structures E N E (E) Section 5.25; River-
serving river-dependent uses dependent commercial,
industrial, and utility
structures are exempt from
height limits only if greater
height is required for
operational reasons.
(e) Private residential and commercial water access and use facilities.
Use or Activity Set HeighSIBIApplicable standards with
backs t Z Z which the use or activity
Limits must comply
Private roads serving 3 or more lots (E) N N (E) Section 205.28.08; in BIZ,
only on slopes averaging
less than 30%. Exemption
does not apply to private
roads serving fewer 3 lots or
to private driveways and
parking areas
Access paths E N E E Section 205.28.08
Water access ramps E N E N Section 205.28.08
Stairways, lifts, and landings E N E E Section 205.28.08
Water-oriented accessory structures E N E N Section 205.28.08
Patios and decks E N N N Section 205.28.08
Directional signs for watercraft (private) E N E N Section 205.28.08.05;
exemption does not apply
to off-premise advertising
signs
Temporary storage of docks, boats, and E N E N
other equipment during the winter months
Erosion control structures, such as rock E N E (E) Section 205.28.12.2
riprap and retaining walls
Flood control structures E N E (E) Section 205.28.12
Section 2
That the Fridley City Code be hereby amended by amending Chapter 205.32 Shoreland Overlay
District as follows:
Fridley City Code
205.32 O-7 Shoreland Overlay District
205.32
1. Purpose and Intent
(a) The unregulated use of shorelands in the city 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 use and development of shorelands of public waters.
(b) Statutory authorization. These shoreland regulations are adopted pursuant to the
authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, Parts
6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn.
Stat. Ch. 462.
(c) Jurisdiction. The provisions of this Code shall apply to shorelands of the public water
bodies as classified in Section 205.32.4.B of this Code except for those properties that are
also under the jurisdiction of the Critical Area Overlay District Chapter for which only the
Critical Area Overlay District Chapter will apply. A body of water created by a private user
where there was no previous shoreland may, at the discretion of the governing body, be
exempt from this Code.
(d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the
use, size, type and location of structures on lots; the grading and filling of any shoreland
area; and the cutting of shoreland vegetation shall be in full compliance with the terms of
this Code and other applicable regulations.
(e) District application. The shoreland overlay district shall be superimposed (overlaid)
upon all the zoning districts as identified in Chapter 205 of this Code as existing or
amended by the text and map of this Code. The regulations and requirements imposed by
the shoreland overlay district shall be in addition to those established by the base zoning
district which jointly apply. Under joint application of the districts, the more restrictive
requirements shall apply.
(f) Exemption. A structure or use which was lawful before adoption of this Chapter, but
which is not in conformity with the provisions of the shoreland overlay district, may be
continued subject to Section 205.04.3 of this Code.
2. District Boundaries
(a) The boundaries of the shoreland permit overlay district within the city consists of the
first tier of riparian lots abutting a protected lake or tributary identified in Section
205.32.4.B of this Code. The specific boundaries of the shoreland permit overlay district
are shown on the official Fridley Shoreland Overlay District Map in the Fridley Zoning Code.
(b) Properties that are also within the jurisdiction of the Critical Area Chapter, shall
remained mapped as part of the Shoreland Overlay District; however, only the provisions
of the Critical Area Overlay District Chapter shall apply.
Section 3
That the Fridley City Code be hereby amended by amending Chapter 205.30 Telecommunications
Towers and Facilities District as follows:
Fridley City Code
205.30 O-5 Telecommunications Towers and Facilities District
205.30.2. Definitions
The following words, terms, and phrases, when used in this section, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning;
Antenna Support Structure: means any building or other structure other than a tower which can
be used for location of wireless telecommunications facilities.
Applicant: any Person that applies for a permit for wireless telecommunication facilities or towers,
automatic meter reading devices or small wireless facilities. (Ref Ord 1350)
Application: the process by which a person submits a request to develop, construct, build, modify,
or erect wireless telecommunication facilities or a tower upon land within the City, develop,
construct, build, modify, or erect an automatic meter reading system within the City; or develop,
construct, build, modify, or erect small wireless facilities within the public right-of-way.
Application includes all written documentation, verbal statements and representations, in
whatever form or forum, made by an applicant to the City concerning such a request. (Ord 1350)
Approved Site: a site which has been approved by the City Council as an eligible location for
placement of wireless communication facilities.
Automatic Meter Reading device: a device which is designed for collecting, storing, processing,
filtering and forwarding utility meter data within the public safety and utility bandwidth licensed
by Federal Communications commission, including any antenna attached to such device and
excluding devices reading and transmitting data from a single utility meter.
Automatic Meter Reading system: a series f devices which is designed for collecting, storing,
processing, filtering and forwarding utility meter data within the public safety and utility
bandwidth licensed by Federal Communications Commission, including any antenna attached to
such device.
“City” means the City of Fridley, Minnesota.
Collocate or Collocation: to install, mount, maintain, modify, operate, or replace a small wireless
facility on, under, within or adjacent to an existing wireless support structure that is owned
privately or by a local government.
Electrical Engineer means an electrical engineer licensed by the State of Minnesota.
Existing Site: a tower or antenna support structure installed or erected prior to December 18, 1997,
and which is not located on an approved site.
Micro Wireless Facility: a small wireless facility that is no larger than 24 inches long, 15 inches
wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Local Government Unit: a county, home rule charter or statutory city, town, or the Metropolitan
Council.
Mississippi River Corridor Critical Area: the area within the River Corridor Boundary and under the
jurisdiction of the Critical Area Chapter.
Owner: any Person with fee simple title to any approved site, existing site, site approved by special
use permit, or wireless telecommunications facility.
Pad Mount Device: a devise which is designed for collecting, storing, processing, filtering and
forwarding utility meter data within the public safety and utility bandwidth licensed by Federal
Communications Commission, including any antenna attached to such device like the automatic
meter reading device, but, which is installed on its own pedestal and not on an existing public
utility structure.
Person: any natural person, firm, partnership, association, corporation, company, or other legal
entity, private or public, whether for profit or not for profit.
Satellite Earth Station Antenna: all equipment necessary for processing of traffic received from
terrestrial distributions prior to transmission via satellite and of traffic received from the satellite
prior to transfer of channels of communication to terrestrial distribution systems.
Small wireless facility:
(1) a wireless facility that meets both of the following qualifications:
(a) each antenna is located inside an enclosure of no more than six cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and
all its exposed elements could fit within an enclosure of no more than six cubic
feet; and
(b) all other wireless equipment associated with the small wireless facility, excluding
electric meters, concealment elements, telecommunications demarcation boxes,
batter backup power systems, grounding equipment, power transfer switches,
cutoff switches, cable, conduit, vertical cable runs for the connection of power and
other services, and any equipment concealed from public view within or behind an
existing structure or concealment, is in aggregate no more than 28 cubic feet in
volume; or
(2) a micro wireless facility.
State: the State of Minnesota.
Structural Engineer: a structural engineer licensed by the State of Minnesota.
Telecommunications Right-of-Way User: a person owning or controlling a facility in the public
right-of-way, or seeking to own or control a facility in the public right-of-way that is used or is
intended to be used for providing wireless service, or transporting telecommunication or other
voice or data information. A cable communication system defined and regulated under Minn.
Stat. Chapter 238, and telecommunications activities related to providing natural gas or electric
energy services whether provided by a public utility as defined in M.S. §216B.02, a municipality, a
municipal gas or power agency organized under M.S. §453 or §453A, or a cooperative electric
association organized under M.S. §308A, are not telecommunications right-of-way users for the
purposes of this Chapter and M.S. §237.163, except to the extent these entities are offering
wireless services.
Toll: to stop the running of a relevant time period, such as a review period.
Tower: a self-supporting monopole structure constructed from grade which supports wireless
telecommunications facilities. The term “tower” shall not include amateur radio operator’s
equipment as licensed by the FCC. Lattice or guyed structures are prohibited.
Utility Pole: a pole that is used in whole or in part to facilitate telecommunications or electric
service.
Wireless Backhaul Facility: a facility used to transport communications data by wire from a wireless
facility to a communications network.
Wireless Facility: equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including:
(1) equipment associated with wireless service;
(2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and
(3) a small wireless facility. “Wireless facility” does not include the following: wireless
support structures, wireless backhaul facilities; or coaxial or fiber-optic cables between
utility poles or wireless support structures or that are not otherwise immediately adjacent
to or directly associated with a specific antenna.
Wireless Service: any service using licensed or unlicensed wireless spectrum, including the use of
Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless
facilities. Wireless service does not include services regulated under Title VI of the
Communications Act of 1934, as amended, including a cable service under United States Code,
title 47, section 522, clause (6).
Wireless Support Structure: a new or existing structure in a public right-of-way designed to
support or capable of supporting small wireless facilities, as reasonably determined by a local
government unit.
Wireless Telecommunications Facilities: any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities associated with the transmission or reception of communications
(other than radio or television broadcast communications) which a person seeks to locate or have
installed upon or near a tower or an antenna support structure. However, the term wireless
telecommunications facilities shall not include:
(1) Any satellite earth station antenna two meters in diameter or less which is located in an
area zoned industrial or commercial;
(2) Any satellite earth station reception antenna one meter or less in diameter, regardless of
zoning category;
(3) Automatic meter reading systems; and
(4) Small wireless facilities.
205.30.3. Non-Conforming Uses
(1) Existing sites shall be considered a legal non-confirming use, unless otherwise provided
for in this Chapter.
(2) Installation of additional wireless telecommunications facilities beyond those in existence
on December 18, 1997, on existing sites is prohibited. Failure to comply with this provision
will be considered a violation of this Chapter and subject to the penalties described herein.
Routine maintenance of wireless telecommunications facilities on Existing Sites is permitted,
except that existing sites and any wireless telecommunications facilities installed on existing
sites may not increase in size, height, weight, or otherwise result in an increase in the intensity
of the non-conforming use.
(3) If any wireless telecommunications facilities in an existing site are abandoned for a period
of one year, such existing site shall lose is legal conforming status and shall be considered an
illegal nonconforming use. The abandoned wireless telecommunications facilities shall not be
re-established on the site, and must be removed within twelve (12) months of the cessation
of operations. If not removed, the City may remove the facility and assess the costs of removal
against the Owner(s), according to the procedures established in Chapter 128 of the City Code.
205.30.4. District Boundaries for Overlay Zone
A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land
within the City subject to the provisions and use requirements contained in this Section.
205.30.5. Uses Permitted
(1) The construction of towers and the installation, operation and maintenance of wireless
telecommunications facilities shall be permitted use in the approved sites identified on
Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional approved
sites may be approved by the City Council, subject to the amendment procedures set forth in
the Zoning Chapter of the City Code, and the requirements of this section.
(2) All principal, special use, and accessory uses allowed in each underlying primary zoning
district are permitted in the telecommunications towers and facilities district, except that no
towers shall be constructed, and no wireless telecommunications facilities shall be placed on
towers or antenna support structures, except as provided for in this Chapter.
(3) Special Uses.
(a)The construction of towers and the installation, operation, and maintenance of wireless
telecommunications facilities shall be a special use in Zoning districts M-1, M-2, M-3, and
M-4, and any abutting railroad rights-of-way.
(b) The construction of towers and the installation, operation, and maintenance of wireless
telecommunications facilities shall be a special use in the Critical Area Overlay District and
subject to jurisdiction of the Critical Area Chapter
Passed and adopted by the City Council of the City of Fridley on this 24th day of July, 2023.
______________________________________
Scott J. Lund - Mayor
______________________________________
Melissa Moore - City Clerk
First Reading: June 26, 2023
Second Reading: July 24, 2023
Publication: July 27, 2023