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HomeMy WebLinkAboutOrd. 431 - Amendment Title 12 & 13CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 431 AN ORDINANCE AMENDING THE CITY CODE TO ALLOW HOME OCCUPATIONS TO BE CONDUCTED BY A NON PROPERTY OWNER AND TO ALLOW EXCEPTIONS TO THE THREE YEAR WAITING PERIOD FOR LOT SPLITS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 9: HOME OCCUPATIONS 12 -9 -2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner eGGL4pat+en has obtained a Conditional Use Permit as stated in Section 12 -9 -3 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12 -9 -4 of this chapter. Home occupations may be conducted by an individual who resides on the property and uses the residence as a primary address for legal purposes. A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at any one time and similar uses. B. Number Of Employees: The number of employees shall be limited to one person on site in addition to family members. (Amended Ord. 8, 10 -21 -1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20 %) of the dwelling's livable floor area. Basements may be included if they meet all State Building Code requirements. (Amended. Ord. 8, 10 -21 -1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall be regulated as stated in Title 12, Chapter 13, Performance Standards and in Title 6, Motor Vehicle and Traffic. (Amended Ord. 392, 5/18/10) G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15. H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire and building codes. (Amended Ord. 8, 10 -21 -1970) 12 -9 -8: IN HOME BEAUTY SALONS AND BARBERSHOPS: In home beauty salons /barbershops shall be subject to the following: A. Compliance with Title 3, Chapter 6 of the City Code. B. Drawings Submitted: Drawings detailing the salon /shop shall be submitted at the time of the request for the Conditional Use Permit. C. Compliance With State Requirements: The salon /shop must comply with the State Cosmetology Board and the State Barbers Board requirements. D. Number of Chairs: One chair salon /barber only. E. Hours of Operation: The hours of operation shall be approved by the City Council. F. Parking: Parking requirements shall be as set out in section 12 -13 -10 of this title. G. Non - sewered Areas: In non - sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shop /barber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. 1. H, Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 8, 10 -21 -1970, Ord. 314 10 -4 -2005) CITY CODE TITLE 13: PLANNING AND DEVELOPMENT CHAPTER 1: SPLITTING LOTS, PARCELS OR TRACTS OF LAND 13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16- 1977) A. Exceptions. A lot split may be applied for within the three (3) year waiting period provided the following conditions are met: 1. The property owner has owned the property for more than five years. 2. A one year waiting period shall be required between splits. 3. A maximum of three lots shall be created including the original lot. 4. City infrastructure and utilities such as sanitary sewer, storm sewer, water main and streets are in place. 5. Grading, drainage and erosion control plans shall be prepared that properly address how drainage will be handled on the site as well as the affect on adjacent properties to the satisfaction of the City. All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this 15th day of October, 2013. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER 7 � " Mi hael R. Gamache, Mayor