HomeMy WebLinkAbout06/12/2012 WorkshopANLb Y O F 6VE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -6923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission Workshop
Meeting Agenda
June 12, 2012
Andover City Hall
Conference Rooms A & B
6.00 p.m.
1. Call to Order
2. Discuss City Code 12 -12 Permitted, Conditional and Prohibited Uses
3. Other Business
4. Adjournment
•
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
Planning and Zoning Commissioners
FROM:
Courtney Bednarz, City Planne
SUBJECT:
Discuss City Code 12 -12 Permitted, Conditional and Prohibited Uses
DATE:
June 12, 2012
INTRODUCTION
The Planning Commission identified the uses table as a topic for discussion. The attached table
provides areas identified for discussion based on the color coded legend.
DISCUSSION
Staff has reviewed each of the uses in the attached code back to the original zoning ordinance
adopted in 1970. In some cases, no change to a use or the districts where it is allowed has been
made since that time. In other cases, multiple changes have been made over the years.
Reading the Attached Table
Adjacent to some of the uses purple text provides a brief summary of an issue that has been
identified.
The first column to the right of the various zoning districts is titled `Incorrect'. A `yes' indicates
that the present code does not accurately reflect an ordinance as adopted by the Council. In this
case the red highlighted changes need to be made to accurately reflect adopted ordinances.
The second column to the right of the various zoning districts is titled `Discuss'. A `yes' in this
column indicates staff would like to discuss this use with the Commission. In some cases yellow
highlighted boxes are shown for potential inclusion of a use in additional zoning districts.
The last column on the right side of the table references the ordinance that made the last change to
how a use was reflected in the various zoning districts.
Additional Information
The definitions section from City Code 12 -2 is also attached. The definition of retail trade and
services, among others, will need to be reviewed for compliance with adopted ordinances that
govern the districts in which particular uses are allowed. New definitions will likely also need to be
created where terms that are open to interpretation remain undefined in the present code.
ACTION REQUESTED
The Planning Commission is asked to discuss the land uses identified in the attached table and to
arrive at a consensus on whether and how changes should be recommended. It is likely that this
process will take more than one hour of work session time.
Attachment
City Code 12 -2 Definitions
City Code 12 -12 with notes
R I mitted,
y B arz
CHAPTER 2
RULES AND DEFINITIONS
SECTION:
12 -2 -1: Rules Of Word Construction
12 -2 -2: Definitions
12 -2 -1: RULES OF WORD CONSTRUCTION: The language set forth in
the text of this title shall be interpreted in accordance with the following rules of
construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses, and the future the
present.
C. The word "shall" is mandatory, and the word "may" is permissive.
D. Whenever a word or term defined hereinafter appears in the text of this
title, its meaning shall be construed as set forth in such neuter
genders.
E. The masculine gender includes the feminine and neuter genders.
F. All measured distances expressed in feet shall be to the nearest tenth of
a foot. In event of conflicting provisions, the more restrictive provision
shall apply. (Amended Ord. 8, 10 -21 -1970)
12 -2 -2: DEFINITIONS: The following words and terms, whenever they
occur in this title, are defined as follows:
ACCESS DRIVE: A road with a width of at least twenty feet, as required
by Fire Code, constructed of material that can provide
all- weather driving capabilities for emergency
vehicles. (amd. Ord. 314,10-4-2005)
ACCESSORY USE OR
STRUCTURE: A use or structure or portion of a structure
subordinate to and serving the principal use or
structure on the same lot and customarily incidental
thereto.
AGRICULTURAL USE,
RURAL: An area of five (5) or more contiguous acres which is
used for the production of farm crops such as
vegetables, fruit trees, grain and other crops and their
storage on the area. (Amd. 4/18/06, Ord. 325A)
AGRICULTURAL USE,
URBAN: An area of less than five (5) contiguous acres which is
used for the purpose of growing produce including
crops, fruit trees, shrubs, plants and flowers,
vegetables, and the like, provided such produce is
intended solely for the use of owners on the property
or sale away from the property. (Amd. 4/18/06, Ord.
325A)
AIRPORT OR HELIPORT: Any land or structure which is used or intended for
use for the landing and takeoff of aircraft, and any
appurtenant land or structure used or intended for
use for port buildings or other structures or rights of
way.
ALLEY: A public right -of -way which affords a secondary
means of access to abutting property.
ANIMAL ASSISTED
THERAPY (AAT): Also known as pet therapy, is a goal- directed type of
therapy, delivered and /or directed by a health /human
service provider working within the scope of his or her
profession, in which an animal meeting specific
criteria is used as an integral part of a treatment
process designed to promote improvement in the
physical, social, emotional, and /or cognitive
functioning of the patient. (Amd. 10/20/09,Ord 388)
ANIMAL THERAPY
FACILITY: A facility that provides Animal Assisted Therapy on
properties larger than five acres in size.
ANIMALS, DOMESTIC: Dogs, cats and other similar animals that can
be purchased at a retail pet store and
maintained indoors. (Amd. 4/18/06, Ord. 325A).
ANIMALS, FARM: Animals commonly kept for productive purposes
on a farm, such as cattle, hogs, sheep, goats,
and other similar animals, excluding poultry.
(Amd. 4/18/06, Ord. 325A)
ANIMALS,
NONDOMESTIC: Animals not defined as domestic, farm or
pleasure /recreational animals that are of a wild
nature or disposition or which, because of its
vicious nature or other characteristics, would
constitute a danger to human life or property
including the prohibited animals listed in City Code
5 -1 C -2. (Amended Ord. 325A, 4 -18 -2006)
ANIMALS,
PLEASURE/
RECREATIONAL: Horses, ponies, foals, donkeys, burros, mules,
alpacas and llamas. (Amended Ord. 325A, 4 -18-
2006)
APARTMENT: A room or suite of rooms with cooking facilities which
is occupied and normally rented as a residence by a
single family; shall include buildings with three (3) or
more dwelling units and efficiency units.
AUTO REDUCTION
YARD: A lot or yard where two (2) or more unlicensed
motor vehicles or the remains thereof are kept for
the purpose of dismantling, sale of parts, sale as
scrap, storage, or abandonment.
AUTOMOBILE SERVICE
STATION: All premises whereon the owner or occupant
conducts the business of furnishing, selling or
dispensing motor fuel and liquified petroleum for
motor vehicles. These regulations shall also pertain
to automobile repair, service and painting
establishments. (Amended Ord. 314, 10 -4 -2005)
AVERAGE
FOOT - CANDLE: The level of light measured at an average point of
illumination between the brightest and darkest
areas.
BASEMENT: A portion of a building located partly underground
but having less than half its floor to ceiling height
below the average grade of the adjoining ground.
BOARDING HOUSE
(ROOMING OR
LODGING HOUSE): A building other than a motel or hotel where, for
compensation and by prearrangement for definite
periods, meals or lodgings are provided for three (3)
or more persons, but not to exceed eight (8)
persons.
BUILDING: Any structure having a roof which may provide
shelter or enclosure of persons, animals or
chattel, and when said structures are divided by
party walls without openings, each portion of such
building so separated shall be deemed a separate
building.
BUILDING
MATERIALS: Construction equipment and building materials
Currently being used for the construction of a
structure on a premise of a property for which an
active building permit has been applied for and
issued. (Amended Ord. 380, 4/21/09)
BUILDING HEIGHT: A distance to be measured from the mean curb level
along the front lot line or from the mean ground level
for all of the portion of the structure having frontage
on a public right -of -way, whichever is higher, to the
top of the cornice of a flat roof, to the deck line of a
mansard roof, to a point on the roof directly above
the highest wall of a shed roof, to the uppermost
point on a round or other arch type roof, to the mean
distance of the highest gable on a pitched or hip
roof.
BUSINESS: Any occupation, employment or enterprise wherein
merchandise is exhibited or sold, or which occupies
time, attention, labor and materials, or where
services are offered for compensation.
CARPORT: An automobile shelter having one or more sides open.
CELLAR: That portion of the building having more than
one -half (112) of the floor to ceiling height below
the average grade of the adjoining ground.
CEMETERY: Land used for the burial of human bodies, excluding
crematoriums. (Amended Ord. 314, 10 -4 -2005)
CHURCH: A building, together with its accessory buildings and
uses, where persons regularly assemble for religious
worship and which building, together with its
accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain
public worship.
CLEAR VIEW
TRIANGLE: An area on corner lots where nothing shall be placed
or allowed to grow to a height of between two and
one -half feet (2'/') and ten feet (10') within fifteen
feet (15') of the intersecting street right of way lines.
(Amended Ord. 8,10-21-1970; amd. 2003 Code)
(Amended Ord. 314,10-4-2005)
CLUB: A nonprofit association of persons who are bona fide
members paying annual dues. Their club structure,
meeting place or lodge is a premises restricted to club
members and their guests where food and drink may
be served on such premises, provided adequate
dining room space and kitchen facilities are available
in compliance with the applicable federal, state, and
municipal laws.
COMMERCIAL
FEEDLOT: An area where fifteen (15) or more
nondomestic animals are confined.
COMMERCIAL
RECREATION: A recreation facility operated as a business and
open to the public for a fee.
COMMERCIAL VEHICLE: Any vehicle, including truck, semi - tractor, or van,
primarily used for the movement of cargo or
passengers in the normal operation of a business.
COMMUNITY: City of Andover.
COMPOSTING FACILITY: A commercial, industrial or institutional facility that is
primarily engaged in the disposal of yard waste not
typically collected by commercial and residential
waste haulers. Yard waste includes compostable
items such as leaves, lawn clippings and shrub
prunings but, for the proposes of this definition, also
includes tree branches, tree trunks, and stumps from
removed trees.
COMPREHENSIVE
PLAN: Unless otherwise stated, it is the general plan for
land use, transportation, and community facilities
prepared and maintained by the community
Planning and Zoning Commission.
CONDOMINIUMS: A form of individual ownership of property as
defined by the uniform condominium act of the
state of Minnesota.
CREMATORIUM: A place within a funeral home where bodies are
consumed by incineration and the ashes of the
deceased are collected for permanent burial or
storage in ums as a part of a funeral conducted on
the site subject to the setback requirements of City
Code 12 -5 . Any other cremations shall be subject to
limitations by the City Council through the Conditional
Use Permit process based on the location, size of the
site, surrounding land uses and any other health or
safety concerns. (Amended Ord. 314, 10 -4 -2005)
CURB LEVEL: The grade elevation established by the governing
body of the curb in front of the center of the
building. Where no curb level has been
established, the engineering staff shall determine a
curb level or its equivalent for the purpose of this
title.
DAYCARE CENTER: Any facility, public or private, that, for compensation
or otherwise, provides for the care of children outside
their homes for periods of less than twenty four (24)
hours per day. Daycare centers include, but are not
limited to, day nurseries, nursery schools, childcare
centers and daycare facilities.
DECK: A horizontal, unenclosed platform with or without
attached railings, seats, trellises or other features,
attached or functionally related to a principal use or
site. (Amd. 4118/06, Ord. 325A)
DENSITY ZONING: The permission of lower density (lot areas) standards
under conditions whereby the number of dwelling
units permitted is not greater than permitted by the
application of the regular provisions of the district but
MSA § 515A.1 -101 et seq.
with all land excluded from the lot area requirements
added onto public or semipublic open space (park,
playground, school site, walkway or other approved
open green space).
DOG KENNEL,
COMMERCIAL : Any place where a person accepts dogs from the
general public and where such animals are kept for
the purpose of selling, boarding, breeding, training, or
grooming, except for a veterinary clinic. There shall
be a fenced yard or dog enclosures present to
prevent the running at large or escape of dogs
confined therein.
DOG KENNEL,
PRIVATE': A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein.
DRIVE IN BUSINESS: Any business in which people are provided a service
or a sale is made without the passenger being
required to leave the vehicle.
DROP IN CHILDCARE
CENTER: A center whose total licensed capacity is based
primarily on children who attend on an irregular
basis.
DRY CLEANING
PROCESSING: The business of processing clothing through a special
cleaning process that involves the use of the chemical
known as "perchloroethylene" or "PERU, or other
state or federally approved chemicals. The scope of
this use is to accommodate the processing of clothes
that are dropped off at the site approved for the use
and up to 4 additional drop sites. The site and the
processing equipment therein shall be sized
accordingly. This scope of this use is not intended to
serve as a regional processing center for large scale
2 See also section 5 -1 A -1 of this code, definition of "kennel, commercial'.
1 See also section 5 -1A -1 of this code, definition of "kennel, private ".
operations. (Amended Ord. 323, 2 -7 -2006)
DURABLE AND
DUSTLESS SURFACE: Asphalt, concrete, or other surface (water sealed) as
approved by the engineer or building official.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open
space on the same lot.
DWELLING UNIT: A residential building or portion thereof intended for
occupancy by a family, but not including hotels,
motels, boarding or rooming houses, tourist homes
or trailers. It shall include manufactured homes.
DWELLING UNIT,
ATTACHED
(SINGLE- FAMILY): A form of individual ownership of a single- family
attached dwelling unit which entails joint ownership
and responsibility for maintenance and repairs of the
land and /or other common property. This shall
include, but not be limited to, townhouses, carriage
homes, and manor homes. Such structures . shall not
exceed two (2) stories in height, excluding the
basement.
EXTERIOR LIGHTING: Temporary or permanent lighting that is installed,
located or used in such a manner to cause light rays
to shine outside. Fixtures that are installed indoors
that are intended to light something outside.
EXTERIOR STORAGE
(INCLUDES OPEN
STORAGE): The storage of goods, materials, equipment,
manufactured products and similar items not fully
enclosed by a building.
FAMILY: A. An individual or two (2) or more persons
related by blood, marriage or adoption living
together; or
B. A group of not more than five (5) persons who
need not be related by blood, marriage or adoption,
living together as a single housekeeping unit in a
dwelling unit, exclusive of usual servants.
FARM TRUCK: A. All single unit trucks, truck tractors, tractors, semi-
trailers, and trailers used by the owner thereof to
transport agricultural, horticultural, dairy, and other
farm products, including livestock, produced or
finished by the owner of the truck, and any other
personal property owned by the farmer to whom the
license for the truck is issued, from the farm to
market, and to transport property and supplies to the
farm of the owner. Trucks, truck tractors, tractors,
semi - trailers, and trailers registered as "farm trucks"
may be used by the owner thereof to occasionally
transport unprocessed and raw farm products, not
produced by the owner of the truck, from the place of
production to market when the transportation
constitutes the first haul of the products, and may be
used by the owner thereof either farmer or logger,
who harvests and hauls forest products only, to
transport logs, pulpwood, lumber, chips, railroad ties
and other raw and unfinished forest products from the
place of production to an assembly yard or railhead
when the transportation constitutes the first haul
thereof; provided, that the owner and operator of the
vehicle transporting planed lumber shall have in his
immediate possession a statement signed by the
producer of the lumber designating the governmental
subdivision, section and township where the lumber
was produced and that this haul, indicating the date,
is the first haul thereof. The licensed vehicles may
also be used by the owner thereof to transport, to and
from timber harvesting, any gravel and other road
building materials for timber haul roads.
B. "Farm trucks" shall also include only single unit
trucks, which, because of their construction, cannot
be used for any other purpose and are used
exclusively to transport milk and cream enroute from
a farm to an assembly point or place for final
manufacture, and for transporting milk and cream
from an assembly point to a place for final processing
or manufacture. This definition shall not be construed
to mean that the owner or operator of the truck cannot
carry on usual accommodation services for patrons
on regular return trips, such as butter, cream, cheese
and other dairy supplies.
FARM WINERIES: A rural residential property that is a minimum of 2'/2
acres in size, where the owner is engaged in making
of table, sparkling, or fortified wines from grapes,
grape juice, other fruit bases, in conformance with
State Statutes and Federal Laws. (Amd. 2/20/07, Ord.
339)
FEEDLOT, LIVESTOCK: The place of confined feeding of livestock, poultry, or
other animals for food, fur, pleasure or resale
purposes in yards, lots, pens, buildings, or other
areas not normally sued for pasture or crops and
in which substantial amounts of manure or related
other wastes may originate because of such feeding
of animals. (Amd. 4/18106, Ord. 325A)
FINANCIAL
INSTITUTION: An institution established for the receiving, keeping,
lending, or sometimes issuing of money and making
easier the exchange of funds by checks, notes, etc.
These include, but are not limited to, banks, mortgage
bankers, savings and loan associations, and similar
lending or banking institutions.
FLOOR AREA: In R -1 through R -4 districts for one- and two- family
dwelling units, "floor area" shall be defined as the
square footage of ground coverage of the structure,
exclusive of the garage; except, that full two -story
structures shall require only a minimum of eighty
percent (80 %) of the district requirements for "floor
area" as defined herein. For the purpose of
application of this term, a "full two- story" shall be
defined as a structure of which the second story
contains at least sixty percent (60 %) of the minimum
square footage of floor area for the applicable
district.
FOOT - CANDLE: The international unit of illumination produced on a
surface.
FULLY SHIELDED
LIGHT FIXTURE: No light shines above the horizontal, from any part of
the fixture either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from
any part of the luminaire.
GARAGE, PRIVATE: A detached or attached accessory building or
carport, which is used primarily for storing passenger
vehicles or trailers.
GARAGE, PUBLIC: A building or portion of a building, except any herein
defined as a "private garage" or as a "repair garage ",
used for the storage of motor vehicles, or where any
such vehicles are kept for remuneration or hire and
in which any sale of gasoline, oil and accessories is
only incidental to the principal use.
GOVERNING BODY: City Council.
GUESTHOUSE: An accessory building detached from the
principal building where accommodation
for sleeping is provided but no kitchen
facility is provided.
HOME OCCUPATION: Any gainful occupation or profession clearly
secondary to the main use of the dwelling as a
residence that is conducted entirely within the
dwelling or as allowed by Conditional Use Permit and
which meets the requirements of Chapter 10 of this
title.
HOTEL: A building which provides a common entrance, lobby,
halls and stairway and in which lodging is offered with
or without meals to eight (8) or more guests.
IESNA: Illuminating Engineering Society of North America.
INCINERATORS: Any structure or equipment for the burning of trash
not within a building.
JUNKYARD: An open area where waste, used, or secondhand
materials are bought, sold, exchanged, stored,
baled, packed, disassembled or handled,
including, but not limited to, scrap iron, and other
metals, paper, rags, rubber, tires and bottles.
KENNEL, ANIMAL
(EXCEPT DOGS): Any place where four (4) or more of any single
type of domestic animal, over four (4) months of
age, is owned, boarded, bred, or offered for sale.
LAND RECLAMATION: The reclaiming of land by depositing of materials so
as to elevate the grade. Any lot or parcel upon
which four hundred (400) cubic yards or more of fill
is to be deposited shall be considered "land
reclamation ".
LANDSCAPING: Planting, such as trees, grass, and shrubs.
LIGHTING, INDIRECT: Lighting designed so that the direct source of light is
not visible, and is screened through plastic, neon
tube, or similar design.
LIGHTING, DIFFUSED: Lighting that is filtered or dispersed so as to be
reduced in intensity.
LIQUID STORAGE
SYSTEM, LIQUID
STORAGE TANK OR
TANK: Any one or a combination of containers including
tanks, vessels, enclosures, or structures and
underground appurtenances connected to them, that
is used to contain or dispense an accumulation of
liquid substances deemed by the city to pose a threat
to the public's health, safety or welfare. (Amended
Ord. 314, 10 -4 -2005)
LODGING ROOM: A room rented as sleeping and living quarters but
without cooking facilities and with or without an
individual bathroom. In a suite or rooms without
cooking facilities, each room which provides sleeping
accommodation shall be counted as one lodging
room.
LOT: A parcel of land occupied or used or intended for
occupancy or use by a use permitted in this title,
abutting on a public street, and of sufficient size to
provide the yards required by this title.
LOT AREA: The area of a lot in a horizontal plane bounded by the
lot lines.
LOT AREA PER FAMILY: The number of square feet of lot area required per
dwelling unit.
LOT, CORNER: A lot situated at the junction of, and abutting on two
(2) or more intersecting streets, or a lot at the point
of deflection in alignment of a continuous street, the
interior angle of which does not exceed one
hundred thirty five degrees (135 °).
LOT DEPTH: The mean horizontal distance between the front lot
line and the rear lot line of a lot.
LOT LINE: A property line bounding a lot; except, that where
any portion of a lot extends into the public - right -of
way, the line of such public right -of -way shall be the
lot line for applying this title.
LOT LINE, FRONT: That boundary of a lot which abuts an existing or
dedicated public street and, in the case of a corner
lot, it shall be the shortest dimension on a public
street. If the dimensions of a corner lot are equal, the
front lot line shall be designated by the owner and
filed with the City Council. If the corner lot is located
outside the Metropolitan Urban Service Area (MUSA)
and lacks municipal sanitary sewer, the owner may
designate the front line, provided one of the lot lines
abutting a public street meets the minimum width
requirement for the zoning district. Setbacks shall be
determined by said designation of front lot line.
LOT LINE, REAR: That boundary of a lot which is opposite the front lot
line. If the rear lot line is less than ten feet (10') in
length, or if the lot forms a point at the rear, the rear
lot line shall be a line ten feet (10') in length within the
lot, parallel to, and at the maximum distance from the
front lot line.
LOT LINE, SIDE: Any boundary of a lot that is not a front lot line or a
rear lot line.
LOT OF RECORD: Any lot which is one unit of a plat heretofore duly
approved and filed, or one unit of an Auditor's
Subdivision or a Registered Land Survey, or a
parcel of land not so platted, subdivided or
registered but for which a deed, Auditor's
Subdivision or Registered Land Survey has been
recorded in the office of the County Recorder of
Anoka County, Minnesota, prior to the effective date
of this title.
LOT, THROUGH: A lot that has a pair of opposite lot lines abutting two
(2) substantially parallel streets, and which is not a
comer lot. On a "through lot ", both street lines shall
be front lot lines for applying this title.
LOT WIDTH: The horizontal distance between the side lot lines
of a lot measured at the front setback line.
(Amended Ord. 314, 10 -4 -2005)
LUMBERYARD: A retail business that stores lumber and wood related
products to be sold for use in construction and/or
home improvement. (Amended Ord. 380, 4121109)
MANUFACTURED HOME: A structure, transportable in one or more sections
that, in the traveling mode, is eight (8) body feet or
more in width, or forty (40) body feet or more in
length, or, when erected on site, is three hundred
twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as
a dwelling with or without a permanent foundation
when connected to the required utilities, and includes
the plumbing, heating, air conditioning, and electrical
systems contained therein; except, that the term
includes any structure which meets all the
requirements and with respect to which the
manufacturer voluntarily files a certificate required by
the Secretary of the United States Department of
Housing and Urban Development and complies with
the standards established under Minnesota statutes
chapter 327 including the manufactured home
building code adopted therein.
MANUFACTURED
HOME PARK: Any premises which has facilities to accommodate
one or more occupied manufactured homes.
MANUFACTURING,
LIMITED: Such uses include, but are not limited to, the
following: lumberyard, machine shops, products
assembly, sheet metal shops, plastics, electronics,
contractors' shops and storage yards, food and
nonalcoholic beverages, signs and displays,
printing, publishing, fabricated metal parts,
appliances, clothing and textiles.
MEDICAL AND DENTAL
CLINICS:. Those uses concerned with the diagnosis,
treatment and care of human beings not requiring
overnight care.
MINI STORAGE: A structure containing separate storage spaces of
varying sizes leased or rented on an individual
basis.
MINING: The extraction of sand and gravel or other material
from the land in the amount of four hundred (400)
cubic yards or more and removal thereof from the
site without processing.
MODULAR HOMES: A non - mobile housing unit that is basically fabricated
at a central factory and transported to a building site
where final installations are made permanently
affixing it to the site, built to meet or exceed the
state building code.
MORTUARY AND
FUNERAL HOME: A building used for human funeral services that may
contain space and facilities for funeral services,
preparation of the dead for burial, the performance of
autopsies and other surgical procedures on the dead,
the storage of caskets, funeral urns, and other related
funeral supplies and the storage of funeral vehicles. A
funeral home shall not include facilities for cremation,
unless allowed by a Conditional Use Permit. A funeral
chapel shall be considered an accessory use to a
funeral home. (Amended Ord. 314, 10 -4 -2005)
MOTEL
(TOURIST COURT): A building or group of detached, semi - detached or
attached buildings containing guest rooms or
dwellings, each of which has a separate entrance
outside of the building, with garage or parking space
conveniently located to each unit, and which is
designed, used or intended to be used primarily for
the accommodation of automobile transients.
MOTOR FREIGHT
TERMINAL: A building or area in which freight brought by motor
truck is assembled and/or stored for routing in
intrastate or interstate shipment by motor truck.
MOTOR VEHICLE: Any self - propelled vehicle not operated exclusively
upon railroad tracks vehicles known as trackless
trolleys that are propelled by electric power obtained
from overhead trolley wires but not operated upon
rails, except snowmobiles and mobile homes.
MULTIPLE
CONVERSIONS: Where the owner of a multiple dwelling transfers
ownership of the dwelling units to separate owners
(i.e., renters can become owners of their
respective dwelling units),
MULTIPLE RESIDENCE
(APARTMENT
BUILDINGS): Two (2) or more dwelling units in one structure.
NONCONFORMING
STRUCTURE: Any structure permitted by the previous zoning
ordinance and existing upon the effective date of this
title, which would not conform to the applicable
regulations if the structures were to be erected under
the provisions of this title.
NOXIOUS MATTER OR
MATERIAL: Material capable of causing injury to living organisms
by chemical reaction, or is capable of causing
reaction, or is capable of causing detrimental effects
on the physical or economic well -being of individuals.
NURSERY, DAY: A use where care is provided for pay for three (3)
or more children under kindergarten age for
periods of four (4) hours or more per day.
OFF SITE THERAPEUTIC
MASSAGE SERVICES: Massage services conducted away from a licensed
massage establishment. Such off site massage
service locations include, but are not limited to,
businesses and private homes.
OFF STREET LOADING
SPACE: A space accessible from a street, alley, or driveway
for the use of trucks or other vehicles while loading
or unloading merchandise or materials. Such space
shall be of size as to accommodate one vehicle of
the type typically used in the particular business.
OFFICE USES: Those commercial activities that take place in office
buildings, where goods are not produced, sold, or
repaired. These include: banks, general offices,
governmental office, insurance office, real estate
office, taxicab office but not taxi stand, travel agency
or transportation ticket office, telephone exchange,
utility office, radio broadcasting and similar uses.
ON SITE THERAPEUTIC
MASSAGE SERVICES: Massage services conducted at a licensed massage
establishment. Such on site massage service
locations shall include, but shall not be limited to,
businesses and private homes.
OPEN SALES LOT
(EXTERIOR STORAGE): Any land used or occupied for the purpose of buying
and selling any goods, materials, or merchandise
and for the storing of same under the open sky prior
to sale.
ORNAMENTAL FENCE: A fence not greater than six feet (6) in height that is
constructed from aluminum, wrought iron or steel,
with pickets no greater than two inches (2 ") in width
and no less than four inches (4 ") apart. Vertical
support posts shall not exceed six inches (6 ") in width
and shall be spaced a minimum of four feet (4') apart.
Horizontal framing crosspieces shall not exceed three
inches (3 ") in width. No other material shall obstruct
visibility through the fence. Chainlink fences are
specifically excluded from this definition.
OUTDOOR DISPLAY
STORAGE AND SALES: Means to store or exhibit, outside a commercial or
industrial building, a representative sample of
merchandise, goods or inventory intended for sale,
rent or lease in the normal course of the principal
occupant's business. (Amended Ord. 380, 4121109)
PARAPET: The extension of the main walls of a building above
the roof level.
PARKING SPACE: A suitably surfaced and permanently maintained
area on privately owned property either within or
outside of a building of sufficient size to store a
standard automobile.
PARTY WALL: A wall which divides two (2) adjoining
properties and in which each of the owners of
the adjoining properties has rights of
enjoyment.
PASSENGER
AUTOMOBILE: Any motor vehicle designed and used for the
carrying of not more than ten (10) persons including
station wagons but excluding motorcycles and
motor scooters. For purposes of taxation,
"passenger automobile" includes pickup trucks and
vans.
PASSENGER VEHICLE: Any vehicle classified as a passenger automobile,
pickup truck, or van. "Passenger vehicle" does not
include motorcycles, motorized bikes, buses,
railroad vehicles, farm trucks and special mobile
equipment.
PERSONAL SERVICES: Establishments primarily engaged in providing
services involving the care of a person or his or her
apparel, such as: barber and beauty shops, carpet
and upholstery cleaning, catering services, daycare
centers, health clubs and spas, laundry and dry
cleaning, locksmiths, optical goods stores, pet
grooming shops, rapid or quick print shops, shoe
repair shops, tailor shops, tax service, travel
bureaus.
PHOTOMETRIC PLAN: A point by point plan depicting the intensity and
location of lighting on the property.
PICKUP TRUCK: Any truck with a manufacturer's nominal rated
carrying capacity of three - fourths (3/4) ton or less
and commonly known as a "pickup truck".
PLANNED UNIT
DEVELOPMENT (PUD): A development with alternative development
'standards approved by the City Council to create a
higher quality development than might otherwise be
achieved through the strict application of this code.
The PUD is an overlay to the original zoning district;
and the use of a PUD allows the development to
waive or modify the standards of the original zoning
district.
PLANNING AND ZONING
COMMISSION: The Planning and Zoning Commission of the city
unless otherwise designated.
See title 2, chapter 2 of this code.
POULTRY: Domestic fowls, such as chickens, turkeys, ducks
or geese, raised for meat or eggs. (Amd. 4/18/06,
Ord. 325A)
PRACTICAL
DIFFICULTIES: As used in connection with the granting of a variance,
means that the property owner proposes to use the
property in a reasonable manner not permitted by the
zoning ordinance; the plight of the landowner is due to
circumstances unique to the property not created by
the landowner; and the variance, if granted, will not
alter the essential character of the locality. Economic
considerations alone do not constitute practical
difficulties. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for
solar energy systems. (Amended Ord. 407, 6- 21 -11)
PRINCIPAL ENTRANCE: That entrance of a building designed for use by
customers, visitors and tenants; however, it does
not include loading doors, service entrances, doors
to storage areas or similar entrances.
PRINCIPAL STRUCTURE
OR USE: One which determines the predominant use
as contrasted to accessory use or structure.
A "principal use" may be either permitted or
conditional.
PRIVATE CLUB
OR LODGE: A building and related facilities owned or operated by
a corporation, association, or group of individuals
established for the fraternal, social, educational,
recreational or cultural enrichment of its members
and not primarily for profit, and whose members
meet certain prescribed qualifications for
membership and pay dues.
PUBLIC LAND: Land owned or operated by municipal, school
district, county, state or other governmental units.
PUBLIC UTILITY
(ESSENTIAL SERVICES): Underground or overhead transmission facilities of
electric power, gas, steam, water, telephone and
railroad companies. These include: electric power
transmission lines and gas pipelines (but not
substations); telephone facilities; water pumping,
reservoir, and distribution facilities; railroad trackage,
but not including storage and switching yards; sewers;
pipes; poles; conduits; cables; fire alarm boxes; police
call boxes; traffic signals; hydrants; and similar
equipment, and not including buildings.
RACETRACK: Any area where two (2) or more power driven
vehicles or animals are raced for profit or pleasure.
RECREATION
EQUIPMENT
(IN RESIDENTIAL
DISTRICTS):
Play apparatus such as swing sets and slides,
sandboxes, poles for nets, picnic tables, lawn chairs,
barbecue stands, and similar equipment or structures,
but not including tree houses, swimming pools,
playhouses exceeding twenty five (25) square feet of
floor area, or sheds utilized for storage of equipment.
RECREATIONAL
VEHICLE: Travel trailers, truck campers, camping trailers and
self - propelled motor homes and converted buses
licensed as an RV, or boats, snowmobiles, all- terrain
vehicles, and other similar vehicular portable
structures without permanent foundation, which can
be towed, hauled or driven and primarily designed for
temporary living accommodation and /or for
recreational, camping and travel use. Recreational
vehicles parked on or inside a single trailer should be
considered as one recreational vehicle
REPAIR GARAGE: Any building, premises and land in which or
upon which a business, service or industry
involving the maintenance, servicing, repair or
painting of vehicles is conducted or rendered.
REPAIR SERVICE: Repair and /or servicing of such items as musical,
scientific and medical instruments, photographic
equipment, jewelry, watches, clocks, small household
appliances, office machines, shoes and clothes, and
similar uses.
RESEARCH: Medical, chemical, electrical, metallurgical or other
scientific research conducted in accordance with the
provisions of this title.
RESEARCH
LABORATORY: An establishment or other facility for carrying on
investigation in the natural, physical or social
sciences, or engineering and development as an
extension of investigations with the objective of
creating products.
RESORT: Any structure or group of structures containing more
than two (2) dwelling units or separate living quarters
designed or intended to serve as seasonal or
temporary dwelling on a rental or lease basis for
profit, the primary purpose being recreational in
nature. Uses may include a grocery store for guests
only, fish cleaning house, marine service, boat
landing and rental, recreational areas and
equipment, and similar uses normally associated
with a resort operation.
REST HOME
(NURSING HOME):
RETAIL TRADE AND
SERVICES:
A private home for the care of children or the aged or
infirm or place of rest for those suffering bodily
disorders. Such a home does not contain equipment
for surgical care or for the treatment of disease or
injury, nor does it include maternity care or care for
mental illness or infirmities.
Stores and shops selling the personal services or goods
over a counter. These include: antiques, art and school
supplies, aeries, bakeries, barbershops, beauty
parlors, bicycles, books and stationery, candy, cameras
and photographic supplies, carpets and rugs, catering
establishments, china and glassware,
sales, clothes pressing, clothing and costume rental,
custom dressmaking, department stores and junior
department stores, drugs, dry foods, electrical and
household appliances, sales and - repair, florist, food,
furniture, furrier shops, garden supplies (year round
operation only), gifts, hardware, hats, hobby shops for
retail of items to be assembled or used away from the
premises, household appliances, hotels and apartment
hotels, interior decorating, jewelry, ieslediRg repair,
laberatar+es, medical and dental research and testing,
laundry and dry cleaning pickup (processing to be done
elsewhere), laundromat, leather goods and luggage,
locksmith shops, musical instruments, office supply
equipment, optometrists, paint, wallpaper, phonograph
records, photography studios, se ^!Ge statie restaurant
(when no entertainment or dancing is provided), shoes,
sporting goods, tailoring, theater, except open air drive in,
tharanat itin mxe�no ee }n}.li 4 , . } / -- -_� _u
massage services), tobacco, toys, variety stores, wearing
apparel and similar type uses.
RIGHT-OF-WAY: A strip of land acquired by dedication, reservation,
prescription or condemnation occupied or intended
to be occupied by a street, sidewalk, trail, snow
storage, traffic control signs and devices, utilities
and utility structures and drainage. (Amended Ord.
314,10-4-2005)
SEMI - TRAILER: Any vehicle of the trailer type so designed and used in
conjunction with a truck tractor that a considerable
part of its own weight or that of its load rests upon and
is carried by the truck tractor and shall include a trailer
drawn by a truck tractor semi - trailer combination.
SETBACK: The minimum horizontal distance between a
building and street or lot line. Distances are to be
measured from the most outwardly extended
portion of the structure at ground level.
SHOPPING CENTER: Any grouping of two (2) or more principal retail uses,
whether on a single lot or abutting lots, under multiple
or single ownership.
SIGHT TRIANGLE: On corner lots (including rural areas), nothing shall
be placed or allowed to grow in such a manner as
materially to impede vision between a height of two
and one -half feet (2 %) and ten feet (10') above the
centerline grades of the intersecting streets within
fifteen feet (15') of the intersecting street right of way
lines. This restriction shall also apply to the planting
of crops and to yard grades that result in elevations
that impede vision within fifteen feet (15') of any
intersecting street right of way lines.
SIGN: A name, identification, description, display,
structure, illustration, or device which is affixed,
painted, or represented either directly or indirectly
upon a building or other surface which directs
attention to an object, product, place, activity,
person, institution, organization or business.
SIGN, ABANDONED: A sign which no longer correctly advertises a bona
fide business, lessor, owner, product or activity
conducted, or product available on the premises
where the sign is displayed, or elsewhere.
SIGN AREA: The area within the frame shall be used to calculate
the square footage; except, that the width of a frame
exceeding twelve inches (12 ") shall constitute
advertising space, or should such letters or graphics
be mounted directly on a wall or fascia or in such a
way as to be without a frame, the dimensions for
calculating the square footage shall be the area
extending six inches (6 ") beyond the periphery
formed around such letters or graphics in a plane
bounded by straight lines connecting the outermost
points thereof, and each surface utilized to display a
message or to attract attention shall be measured as
a separate sign.
SIGN STRUCTURE: The supports, upright, braces and framework of the
sign.
SIGN STYLES:
Sign, Audible: Any sign constructed to produce or emit sound. This
shall not include order boards used in conjunction
with a drive -thru window.
Sign, Bench: A sign that is affixed to a bench, not to include
memorial dedications in park areas.
Sign, Combination: A sign incorporating a combination of the features of
freestanding and wall signs.
Sign, Flashing: An illuminated sign on which the artificial light is not
maintained stationary and /or constant in intensity and
color.
Sign, Freestanding: A sign that is supported by one or more uprights,
poles or braces in or upon the ground, other than a
combination sign. This shall include ground
monument style signs.
Sign, Illuminated: Any sign that has characters, letters, figures, designs
or outlines illuminated by electric lights or tubes.
Sign, Multifaced: A sign with two (2) or more exposed faces, not to
exceed the square footage allowed for a single face
sign.
Sign, Reader Board: A sign that has a reader board where copy changes.
Sign, Roof: A sign erected upon the roof deck or above the
parapet of a building.
Sign, Wall: A sign attached to or erected against the wall of a
building with the exposed face of the sign in a plane
parallel to the plane of said wall.
SIGN TYPES:
Sign, Area
Identification: A freestanding sign that identifies the name of a
neighborhood, a residential subdivision, a multiple
residential complex consisting of three (3) or more
structures, a shopping center or area, an industrial
area, an office complex consisting of three (3) or more
structures, or any combination of the above, could be
termed an area identification sign.
Sign, Ballfield
Advertising: A sign that is attached to the outfield wall or fence of a
baseball or softball field and advertises a business,
good, or product. (Amended Ord. 330, 6 -6 -2006)
Sign, Billboard: A permanent sign or sign structure with a changeable
face used to advertise products, goods, or services
that are not sold, offered, or otherwise related to
activities conducted on the premises on which the
sign is located.
Sign, Business Or
Industrial
Identification: A sign which states the name, address, or both, of
the businesses, or occupants of a lot.
Sign, Governmental: A sign that is erected by a governmental unit or
public utility for the purpose of public information,
warning or directing traffic.
Sign, Institutional: A sign and/or reader board that identifies the name
and other characteristics of an institutional use
located within designated zoning districts and allowed
by this title. "Institutional signs" shall contain no
advertisement. (Examples: churches, schools,
sanitariums, hospitals, government buildings and
nursing homes).
Sign, Memorial
Dedication: A sign memorializing a person or persons, deed, or
event. Such signs shall not include any type of
advertising or commercial message.
Sign, Real Estate: A sign offering property (land and /or buildings) for
sale, lease or rent.
Sign, Residential
Identification: A sign identifying a resident (including address and
profession, occupation or home occupation), school,
church, or other non - business use.
Sign, Scoreboard
Advertising: A sign attached to a permanent scoreboard structure
at an athletic field that advertises a business, good or
product. (Amended Ord. 330, 6 -6 -2006)
Sign, Temporary: Any sign placed in such a manner as not to be solidly
affixed to any building, structure, or land.
Sign, Unsightly: A condition where a sign has deteriorated to the point
that one -fourth (114) or more of the surface of the
name, identification, description or other symbol is no
longer clearly recognizable to the human eye at a
distance of forty feet (40'). In the case of painted
signs, "unsightly" shall mean that the paint is peeling
away from the structure surface or is faded so that it
is not recognizable to the human eye at a distance of
forty feet (40').
SPECIAL MOBILE
EQUIPMENT: Any vehicle not designed or used primarily for the
transportation of persons or property and only
incidentally operated or moved over a highway,
including, but not limited to: ditch digging apparatus,
moving dollies and other machinery such as asphalt
spreaders, bituminous mixers, bucket loaders, non-
farm tractors other than truck tractors, ditchers,
leveling graders, finishing machines, motor graders,
road rollers, scarifiers, earth moving carryalls,
scrapers, power shovels, drag lines, self - propelled
cranes and earth moving equipment. The term does
not include house trailers, dump trucks, truck
mounted transit mixers, truck mounted feed grinders
or other motor vehicles designed for the
transportation of persons or property to which
machinery has been attached.
STOOP: A platform or deck which is the top level of a stairway
system that extends from the entrance of a building.
(Amd. 4/18/06, Ord. 325A)
STORY: That portion of a building between a floor and ceiling
with a minimum height of seven feet (7'). A basement
shall not be counted as a story in a residential
structure.
STREET: A public or private roadway intended to be used for
the passage or travel by vehicles, pedestrians,
bicyclists and related maintenance activities. Streets
may be local, collector or arterials as defined by the
Comprehensive Plan. (Amended Ord. 314, 10 -4-
2005)
STRUCTURAL
ALTERATION: Any change, other than incidental repairs, which
would prolong the life of the supporting members of a
building, such as bearing walls, columns, beams,
girders or foundations.
STRUCTURE: Anything erected, the use of which requires more or
less permanent location on the ground, or attached to
something having a permanent location on the
ground. This shall include signs.
STUDIO: A building or portion of a building used as a place of
work by an artist, photographer, or artisan, or used
for radio or television broadcasting.
SUBORDINATE
CLASSROOM
STRUCTURES: Those structures erected upon a lot containing a
school or church structure as the principal use, for the
purposes of either classroom instruction or office use
associated with the principal use, and which meet all
state code requirements. (Ord. 374; 12 -2 -08)
TEMPORARY
STRUCTURE: A structure not permanently erected on a site
(without a foundation), other than a living
unit, that is used for emergency purposes or
used on a construction site for offices and
equipment storage during construction of a
permanent structure.
THEATER: A building or part of a building devoted to showing
motion pictures, or for dramatic, musical or live
performance.
THERAPEUTIC
MASSAGE: The practice of applying pressure on, or friction
against, or the rubbing, stroking, kneading, tapping, or
rolling of the external parts of the human body with
the hands or with the aid of mechanical or electrical
apparatus, appliance or device with or without such
supplementary aids as rubbing (isopropyl) alcohol,
liniment, antiseptic, oil, powder, cream, lotion,
ointment, or other similar preparation, for the
exclusive purpose of tension, stress, pain relief,
relaxation, increased range of motion, muscle tone
improvement, physical fitness, or beautification and
for no other purpose, by a person not licensed as a
medical doctor, chiropractor, osteopath, podiatrist,
nurse, or physical therapist, or an assistant who
works solely under the direction of any of the above
described professionals, or beautician and barber
who confine their treatments to the scalp, face, and
neck.
THERAPEUTIC
MASSAGE
ESTABLISHMENT: An establishment in the business of providing
therapeutic massage services (on site and off
site) to the public.
TOWNHOUSES: Attached dwelling units each with a separate
entrance to front and rear yards.
TRAILER: A vehicular type, portable structure without permanent
foundation and capable of movement when drawn by
another vehicle as it's means of propulsion and,
primarily designed for towing or hauling cargo and /or
things.
TRAILER PARK: Any premises which has facilities to
accommodate one or more occupied travel
trailers on a seasonal basis.
TRANSPORTATION
TERMINAL: Truck, bus terminal (other than school bus
terminal) and storage area, including motor
freight (solid and liquid) terminal, but only if
necessary to a principal use permitted in
industrial districts.
TRAVEL TRAILER: Any type of vehicle having less than two hundred
(200) square feet of living space which can be
readily adapted to or does provide facilities for a
person or persons to eat or sleep, and is readily
adaptable for transporting.
TRUCK: Any motor vehicle designed and used for carrying
things other than passengers, except pickup trucks
and vans included within the definition of "passenger
automobile' .
TRUCK TRACTOR
(TRACTOR): Any motor vehicle designed and used for drawing
other vehicles and having no provision for carrying
loads independently nor constructed to carry a
load other than a part of the weight of the vehicle
and load drawn.
TWO- FAMILY HOME
CONVERSIONS: The changing of an existing two- family home from
sole ownership into two (2) separate ownerships.
UNIFORM RATIO: The maximum to minimum value between adjacent
luminaries.
USE: The purpose or activity for which the land, structure or
building thereon is designed, arranged or intended, or
for which it is occupied or maintained.
USE, CONDITIONAL: Either a public or private use as listed which, because
of its unique characteristics, cannot be properly
classified as a permitted use in a particular district.
After consideration, in each case, of the impact of
such use upon neighboring land, and of the public
need for the particular use at the particular location,
such "conditional use" may or may not be granted by
the governing body.
USE, OPEN: The use of a lot without a building, or including a
building, incidental to the open use with a ground
floor area equal to five percent (5 %) or less of the
area of the lot.
USE, PERMITTED: A use which may be lawfully established in a
particular district or districts, provided it conforms
with all requirements, regulations, and performance
standards of such district.
USED AUTO PARTS: The processing, storage, and sale of secondhand or
used automobile or other vehicle parts, provided such
use is established entirely within enclosed buildings.
VAN: Any vehicle of box like design with no barrier of
separation between the operator's area and the
remainder of the passenger carrying or cargo
carrying area, and with manufacturer's nominal
rated carrying capacity of three- fourths (3/4) ton or
less and commonly known as a "van ".
VETERINARY: Those uses concerned with the diagnosis, treatment
and care of animals, including animal or pet hospitals.
VOCATIONAL SCHOOL: A secondary or higher education facility primarily
teaching usable skills that prepare students for
jobs in a trade and meeting the state
requirements as a vocational facility.
WAREHOUSING: The storage of materials or equipment within an
enclosed building as a principal use.
YARD: The required open space on a lot which is
unoccupied and unobstructed by a structure from its
lowest level to the sky, except as permitted in this
title. The "yard" extends along the lot line at right
angles to such lot line to a depth or width specified in
the setback regulation for the zoning district in which
such lot is located.
YARD, FRONT: The yard extending along the full width of the front
lot line between side lot lines and extending from
the abutting street right -of -way line to the depth
required in the setback regulations for the zoning
district in which such lot is located.
YARD, REAR: The portion of the yard on the same lot with the
principal building located between the rear line of
the building and the rear lot line extending the full
width of the lot.
YARD, SIDE: The yard extending along the side lot line between
the front and rear yards to a depth or width required
by setback regulations for the zoning district in which
such lot is located.
ZONING DISTRICT: An area or areas within the limits of the City of
Andover for which the regulations and requirements
governing use are uniform. (Amended Ord. 8, 10 -21-
1970; amd. Ord. 8000000,8-5-2002; Ord.
8PPPPPP, 8 -20 -2002; 2003 Code; Ord. 293, 7 -6-
2004; Ord. 294, 7 -6 -2004; Ord. 298, 8 -4 -2004)
Chapter 12
PERMITTED, PERMITTED ACCESSORY. CONDITIONAL AND PROHIBITED USES
P- Permitted Use
R -1- Sitwzle Family-Rural
GR- General Recreation
Districts
PA- Permitted Access Use
R -2- Single Family- Estate
LB- Limited Business
C- Conditional Use SEE FOOTNOTES
R -3- Single Family- Suburban
NB- Neighborhood Business
X Prohibited Use
R4- Sin Family- Urban
SC- Shopping Center
PUD- Planned Unit Development
I R -5- Manufactured Housing
GB- General Business
I- Interim Use
M -1- Multiple Dwelling- Low Density
1- Industrial
Legend
Discussion notes
Suggested change
Similar schools in different parts of the table
Discuss for possible inclusion in district
Permitted Permitted Accessory, Conditional and Prohibited Uses
Zonin2
Districts
Incorrect
Discuss
Historical Ordinance Reference
R -1
R -2
R -3 m
R4'
R -5
M -1
M -2
GR
LB
NB
SC I
GB I
I
1
Adult use business as defined in Title 3 Chapter 7 of the City Code
X
X
X
X
X
X
X
C
C
No
Ord. 222A 2/16/1999
2
Agricultural uses - rural outside MUSA bound only)
P
P
P
No
Ord. 325A 4/18/2006
3
Agricultural uses- urban Note: definition should not exclude small scale activity on rural lots
P
P
P
P
P
P
P
P
No
Yes
Ord. 325A 4/18/2006
4
Animal Therapy Facility-on properties larger than five acres in size
C
C
C
No
Ord 38810/20/2009
Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial
5
principal use but not to exceed thirty percent (30 %) of the floor area space of the principal building.
PA
PA
PA
PA
PA
No
Ord. 810/21/1970
6
Antennas in excess of thirty-five feet 35' in height in compliance with Citv Code 9 -12
C
C
C
C
C
C
C
C
C
C
C
C
C
No
Ord 364 2/19/2008
7
Auto reduction yards
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 8WW 10/6/1987
8
Automotive recycling ards
X
X
X
X
X
X
X
X
X
X
X
X
X
No
jOrd.
8PPP 11/6/1990
9
Automobile Service Stations in compliance with Citv Code 12 -8 -7
C 7
C °
C
C
No
Ord. 314 10/4/2005
10
Barbershops and beauty salons Note: included in definition of retail trade and services
C
C
C
C
C
C
C
P
P
P
P
Yes
Ord. 8YYYYY 7 /18/2000 P in LB)
Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12 -8 -5
11
C
C
C
C
C
No
Ord. 314 10/4/2005 (added to uses table)
12
Business schools Note: various undefined /similar school tv es in scattered districts.
P
No
Yes
Ord. 8 10/21/1970
13
Cabinet making/wood working home occupation) in compliance with City Code 12 -9
C
No
Ord. 8RRRR 10/1/1996
14
Car wash (automated)
C
No
Ord. 385 7/21/2009
15
Car wash self service
P
P
No
Ord. 385 7121/2009
16
Car wash, accessory to automobile service station
PA
PA
PA
No
Ord. 385 7/21/2009
17
Cemeteries
C
C
C
C
C
C
C
No
Ord. 810/21/1970
Christmas tree sales (also see "outdoor display, storage, and sales) Note: included in retail trade and services
18
definition
C
C
C
C
C
C
C
C
C
C
Yes
Yes
Ord. 810/21/1970
19
Churches
C
C
C
C
C
C
C
C
C
No
Ord. 363 7/21/2009 (C in SC)
20
n height Note: See #86
G
C
E
E
G
E
E
E
No
Ord. 314 10/4/2005
Clubs and lodges
Ord. 314 10/4/2005 (added to uses table combined
21
C
C
C
C
C
C
C
P
No
previously adopted terms for residential and GB)
22
Colle "es and similar institutions Note: various undefined /similar school types in scattered districts.
C
C
C
C
C
C
No
C
C
C
C
C
C
Yes
Ord. 810/21/1970
Commercial animal training, (2.5 acre minimum residential lot size) Note: undefined, not appropriate in
C
I
23
urban residential and mulifamilv districts.
C
C
C
C
E
C
C
C
C
C
C
I
C
Yes
Yes
I Ord. 8 10/21/1970 (all districts)
24
Commercial dog kennel license minimum 2.5 acre lot size in compliance with City Code 5 -1A.
C
C
C
E
G
No
Ord. 8PPPPP 9/7/1999
Commercial greenhouse Note: Undefined, not appropriate in urban residential and multifamily districts.
C
25
C
C
C
C
E
E
No
Yes
Ord.8 10/21/1970
Commercial - park s, campgrounds, trail rides, gun clubs and ranges, archery ranges, racetracks, and
26
eontmereial- snowmobile- eourses Note: Too many uses under one item. Commercial parks undefined
C
C
No
Yes
could lead to confusion. Commercial recreation will cover most of these uses. Bunker hills riding stable
—
Ord.B 10/21/1970
Commercial recreation not including therapeutic massage establishments Note: Defined as a recreation facility
27
o grated as a business and o en to the public for a fee. Combine with use below.
C
C
C
C
F—C
C
Yes
Yes
Ord. 8WW 10/6/1987 (Pin GB)
28
lCornmercial reer eatio=. other -t Note: Combine with use above.
C
I Yes
I Yes
jOrd. 810/21/1970
Permitted Permitted Accessory, Conditionali, and Prohibited Uses
Zonina Districts
Incorrect
Discuss
Historical Ordinance Reference
R -1
R -2
R -3 2
R -4 3
R -5
M -1
M -2
GR
LB
NB
SC
GB
I
29
Commercial riding stables Note: Bunker Hills Park is zoned R -1
C
C
No
Yes
Ord. 810/21/1970
30
Composting facilities (including commercial industrial governmental, or institutional
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 8000000 8/5/2002
31
businesses in •b
buildings Craft
C
Yes
I
Yes
Ord. 8GG 8/5/1986
and antique
reeognized historien! organization; Note: For round barn, now zoned M -2 and previously approved with
CUP R223 -97 Farmstead and CUP R023 -87
32
Crematorium in compliance with definition under Citv Code 12 -2
C
C
No
Ord. 314 10/4/2005
33
Danee halls (rote: undefined, out of date, likely includes live entertainment, not to be confused with dance
schools
E
No
Yes
Ord.8 10/21/1970
34
$�ng -or Restaurant or other establishment with live entertainment Note: undefined, Su2zested
a roach is Restaurant with live entertainment as a CUP. Discuss existin restaurants.
C
C
No
Yes
35
Da care centers Commercial
P
P
No
Yes
Ord. 372 5/20/2008 (removed from 1)
36
Daycare centers (drop in) Note: Definition of irregular basis could include businesses, offices, permitted
accessory use?
_PP
LA
?A
PA
PA
PA
—
No
Yes
Ord. 8QQ 5/19/1987 (P in SC)
37
Daycare Centers- Home Occupation (12 or fewer children)
p
P
p
p
p
p
p
No
Ord. 810/21/1970 (day nurseries P in all R districts)
38
Daycare Centers -Home Occupation 13 or more children
C
C
C
C
C
C
C
No
ORD 8CC 2/4/1986 (13 or more C in R districts)
39
Drive in businesses or businesses with a drive through window
C
C
No
Ord. 8WW 10/6/1987 (drive through C in GB)
40
Dry Cleaning Processing (Amended Ord. 323, 2 -7 -2006) in compliance with definition under Citv Code 12 -2
C
C
C
Yes
Ord. 323 2/7/2006
41
Elementary, junior, and senior hi schools
P
P
P
P
P
P
P
P
P
P
P
P
P
No
Ord. 314 10/4/2005 (removed public)
42
Essential service structures 5
P
P
P
P
P
P
P
P
P
P
P
P
P
No
Ord. 314 10/4/2005
43
Excavation greater than 400 cubic yards when no building permit has been issued in compliance with Citv
Code 12 -8
s I
6I
6I
6I
6I
EI
EI
EI
t I
i I
6I
6I
EI
No
Ord. 314 10/4/2005 (greater than 400 cy)
44
Exterior storage of waste tires
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 81115/16/1989
45
Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted use that predates the adoption of
this ordinance.
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 325A 4/18/2006
46
Financial institutions
P
P
P
P
No
Ord. 8YYYYY 7/18/2000 (P in LB)
47
Faun Wineries (subject to City Code 12 -9 -12
C
C
C
No
Ord. 339 2/20/2007
48
tomes Accessory Structures in compliance with Citv Code 12 -6
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
No
Yes
Ord. 314 10/4/2005 (added to C and I districts)
49
Golf courses and drivin ran es Note: see #50
C
C
C
C
C
C
C
P
No
Ord. 810/21/1970 (C in all R districts, P in GR)
50
Golf ° ^e rang e2 °^ a Note: add driving range above, putting courses addressed under
commercial recreation.
C
C
C
C
C
C
C
C
No
Yes
Ord. 8 10/21/1970 (C in GR)
51
Highway construction materials tent orary processing and storage)
GI
GI
CI
6I
6I
C-I
C-I
No
Yes
Ord. 810/21/1970 (C in all R districts)
52
Home occupations within principal structure in compliance with City Code 12409
PA
PA
PA
PA
PA
PA
PA
No
Yes
Ord. 314 10/4/2005 (added to uses table)
53
Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory
structure and/or exterior storage in compliance with City Code 12-1&9
C
C
C
C
C
C
C
No
Yes
Ord. 314 10/4/2005 (added to uses table)
54
Hotels and motels
P
P
No
Yes
Ord. 810/21/1970
55
Interior storage of more than eight 8 waste tires
X
X
X
X
X
X
X
C
C
C
C
C
No
Yes
Ord. 81115/16/1989
56
l ^t,._0^- storage of-more than tiyo- hundred Note: too permissive
X
X
X
X
X
Yes
Yes
Ord. 81115/16/1989
57
Junkyards
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 8WW 10/6/1987
58
domestic annuals in compliance with Title 5
PA
PA
PA
PA
PA
PA
PA
No
Ord. 325A 4/18/2006
59
Keeping of ^^t more than two (2) borders or roomers, up to two persons, by a resident family, with no private
cooking bfacilities
PA
PA
PA
PA
PA
PA
PA
No
Ord. 810/21/1970
K ° of pleasure /recreation animals on residential properties at least 2.5 acres in size in compliance with
Title 5 and definition under City Code 12 -2
PA
PA
PA
PA
No
Ord. 325A 4/18/2006
Xf -up -to 5 farm animals up to 5 per acre, plus one additional fame animal per acre above 5 acres on
properties 5 acres or greater up to a maximum of 20 animals9 and definition under City Code 12 -2
P
P
P
No
Ord. 325A 4/18/2006
[62
Keepin o ;� farm animals greater than allowed as a permitted use on residential properties 5 acres or
9
eater in compliance with Title 5 and definition under City Code 12 -2
C
C
C
No
Ord. 325A 4/18/2006
Bpi; e f poultry on residential properties without municipal sewer and water in compliance with Title 5 and
definition under Cit • Code 12 -2
P
P
P
No
Ord. 325A 4/18/2006
Landfills
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 8WW 10/6/1987
Liquor licenses in compliance with Citv Code 3 -1
C
C
C
C
No
8L 7/21/81 (C in GR, LB,SC,GB,I)
66
Li uor License On -Sale Wine in compliance with City Code 3 -1
C
C
C
C
No
Ord. 4041/18/2011
67
Li uor stores off -sale in compliance with Citv Code 3 -1
C
C
No
18HHHHHH 5/7/2002
Permitted Permitted Accessory, Conditional and Prohibited Uses
Zoning Districts
Incorrect
Discuss
Historical Ordinance Reference
R -1
R -2
R-3'
R4'
R -5
M -1
M -2
GR
LB
NB
SC
GB
I
68
Lumberyard
C
No
Ord. 380 4/21/2009 (P to C, change to Lumberyard)
69
Manufac limited
P
P
No
Ord. 8 30/21/1970
70
Manufactured homes and modular homes, provided they are developed under a planned unit development and
the complex is a minimum of twee 20 acres in size
I
PUD
—
I
Yes
I
Ord. 810/21/1970
71 IMarinas
C
C
C I
C
C
C
C
C
No I
Ord. 810/21/1970
72
Medical and dental clinics
p
p
p
p
P
No
Ord. 810/21/1970 (medical only NB,SC,GB,I, both in LB
73
Medical clinic- 24 hour operation
C
No
Ord. 81111116/18/2002 (24 hours limited to medical)
74
Mini storage indoor storage only
P
P
No
Yes
8YY 11/3/1987 (P in 1)
75
Mortuaries and funeral homes (without crematorium) Note: Crematorium regulated separately above
p
p
p
p
p
No
Yes
Ord. 314 10/4/2005 (P in 1)
76
Multiple dwellings
PUD
PUD
No
Ord. 314 10/4/2005 (C to PUD, added to uses table)
77
Offices
P 6
P
P
P
P
No
Ord. 314 10/4/2005 (Professional prefix removed)
78
Open, s spoe Regulated in more detail in City Code 12 -13 -8, remove.
PA
RA
1'A
RA
P-A
P-A
FA
Yes
Ord. 8686 5/17/1988 4 vet rest. removed)
79
Outdoor display- only during operating hours Note: Eliminate addressed in #81.
X
G
Yes
Yes
Ord. 8YYYYY 7/18/2000 ( X in LB)
80
Outdoor display, storage, and sales
X
C
C
Yes
Yes
Ord. 8YYYYY 7/18/2000 ( X in LB)
81
Outdoor display, storage, and sales- during operating hours only
X
C
C
Yes
Yes
Ord. 8YYYYY 7/18/2000 ( X in LB)
82
Outdoor theaters
C
No
Ord. 810/21/1970
83
Pawnbrokers- as defined in Title 3 Chapter 4 of the City Code
C
No
Ord.8000C 5/3/1994
84
Precious metal dealers -as defined in City Code 34
C
No
Ord.8000C 5/3/1994
85
Principal buildings exceeding height maximum subject to City Code 12 -3 -5
C
C
C
C
C
C
C
C
C
C
C
C
C
No
Ord. 314 10/4/2005
86
Private do kennel license 2.5 acre minimum lot size required) in compliance with Citv Code 54A
C
C
C
C
C
C
C
No
8PPPPP 9/7/1999 (from R -1 to an R with 2.5 acres
87
n_c.• Note: Strike and replace with #48
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
PA
No
Ord. 314 10/4/2005 all districts
88
Professional studios Note: definition /difference between home occupation and commercial needed
P
P
P
P
P
Yes
Yes
Ord. 8WW 10/6/1987 (P in GB)
89
Public and private forests and wildlife reservations and public arks
P
P
P
P
P
P
P
P
P
P
P
P
P
No
Ord. 810/21/1970
90
Public) owned and operated roe except as herein amended
P
P
P
P
P
P
P
P
P
P
P
P
P
No
Ord. 8WW 10/6/1987
91
Public utility uses for local service when located within public right of way.
P
P
P
P
P
P
P
P
P
P
P
P
P
No
Ord. 810/21/1970
92
Public utility structures and/or uses all others
C
C
C
C
C
C
C
C
C
C
C
C
C
No
Ord. 810/21/1970
93
Note: Eliminate this one keep #113.
PA
PA
PA
PA
PA
PA
PA
Yes
Yes
Ord. 810/21/1970 ( PA in all R districts)
94
Recreational vehicle, boat, and marine equipment sales
P
P
P
No
Yes
Ord. 314 10/4/2005 (specified uses from definition)
95
Relocated dwelling units in compliance with Citv Code 9 -11
C
C
C
C
C
C
C
No
Ord. 8WW 2/18/1997 (added to uses section)
96
Rental businesses
I
1
P
P
No
8YY 11/3/1987 (P in 1)
97
Repair services as defined in Citv Code 12 -2
P
P
P
P
No
I
8YY 11/3/1987 (P in 1)
98
Research laboratories
P
P
No
8YY 11/3/1987 (add laboratories)
99
Resorts
P
No
Ord. 810/21/1970
100
Rest e home Group Homes as regulated by State Statute Note: Addressed under
multiple dwellings. Raises issue of group homes which should be added to list as regulated by State
Statute.
EP
C-P
C-P
C-P-
EP
C-P
C-P
P
Yes
Ord. 8 10/21/1970 (& hospitals C in all R districts, P in LB)
101
Restaurants/cafes
P
C
P
P
P
No
Ord. 8YYYYY 7/18/2000 ( C in LB
102
Retail trade and services Note: This definition needs to be discussed.
P
P
P
C
No
Yes
Ord. 8YYYYY 7/18/2000 ( C in LB)
103
e s Note: This is a retail trade and
service and should be included in that definition.
E
No
Yes
Ord. 8Y 6/5/1984
104
School bus terminal
P
No
Ord. 8VVV 12/17/1991(P in 1)
105
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
C
C
C
No
Ord. 314 10/4/2005
106
Secondhand goods dealers as defined in Title 3 Chapter 4 of this code
C
No
Ord. 8CCCC 5/3/1994
107
Single- l residential buildings detached
P
P
P
P
P
P
P
No
Yes
Ord. 8 10/21/1970
108
Single- family residential buildings (attached) and townhouses Note: attached homes not allowed in R
districts exception
PJJD
PUD
PUD
YES
Yes
Ord. 31410/4/2005 (C to PUD, added to uses table & R-4)
109
Sporting goo s and boat sales (including com"" and rental) " Note: sporting goods in retail trade and
service definition. Boat sales addressed in #94.
p
Yes
Yes
Ord. 8 10/21/1970
(Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000,8-5-2002; Ord.8QQQQQQ, 10 -1 -2002; Ord. 8RRRRRR, 10 -1 -2002; amd. Ord. 8AAAAAAA, 4 -15 -2003; amd. 2003 Code; amd. Ord. 314 10-4 -2005; amd. Ord. 385 7- 21 -09; amd. Ord. 388 10- 20 -09; amd.
1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those
2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) sqt
3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord.
4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit 1
5 Including, but not limited to: buildings such as telephone exchange stations, booster or substations, elevated tanks and lift stations conforming to architectural
6 Loading berths prohibited in the LB district.
7 After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger.
8 See subsection 13 -2-4 of this code for permitted, conditional, and prohibited uses in the AgP district.
9 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4 -4.
Permitted Permitted Accessory, Conditional and Prohibited Uses
Zoning Districts
Incorrect
Discuss
Historical Ordinance Reference
R -1
R -2
R -3 2
R43
R -5
M -1
M -2
GR
LB
NB
SC
GB
I
b buildings
StOFage buildings Wr boats, snowmobiles, ntila_ vehicle Note: from original 1970 ordinance. For
110
storage building in 1lanuf. Home parks. These are already a PErD and can be addressed through that
C
Yes
Yes
review.
Ord. 810/21/1970
111
Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school property)
P
P
P
P
P
P
P
No
Ord. 37412/2/2008 (Schools from C to P
Subordinate Classroom Structures (when located on a property where there is a church as the principal use)
112
C
C
C
C
C
C
C
No
Ord. 37412/2/2008 (churches maintain C)
113
Swimming pools and recreation areas or structures Note: Deep this one /eliminate other similar use on this list
PA
PA
PA
PA
PA
PA
PA
�A -'
�A
Yes
Yes
Ord. 810/21/1970 PA in all R districts)
114
Theaters
P
Ord. 8WW 10/6/1987
Therapeutic massage establishment (as a home occupation offering on site massage services) as regulated by
115
chapter 9 of this title and title 3 chapter 6 of this code
C
C
C
I
C
C
I
C
C
I
No
8NNNNN 6/1/1999 (on and off site, added as home occ.)
116 IToxic
waste storage
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 8WW 10/6/1987
117
Trans ortation terminals or motor freight terminals
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 8VVV 12/17/1991
118
TFash ar garb.,.° enelRg•• -°° Note: From original 1970 code for M -5 Manuf. Home Parks. Required for
'
PA
PA
P-A
1-A
PA
PA
PA
PA
PA
PA
PA
PA
PA
Yes
Yes
businesses in City Code 12 -5 Screening. Not necessa • in this table.
Ord. 314 10/4/2005 (PA all districts, with garages)
119
Twenty four (24) hour continuous operation of permitted uses
p
p
No
Yes
Ord. 1111116/18/2002 (All P in NB, SC by default)
120
Two - family home conversions (splits) in compliance with Citv Code 12 -8 -1 Note: attached homes not
allowed in R districts exception
G
E
G
G
E
C
C
No
Yes
Ord. QQQQQQ10 /1/2002 (additional requirements)
Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity
121
X
X
X
X
X
X
X
X
X
X
X
X
X
No
Ord. 8WW 10/6/1987
122
Vehicle sales new in Compliance with City Code 3 -8
P
C
No
Ord. 324 4/4/2006
123
Vehicle sales used in Compliance with Citv Code 3 -8
C
C
No
Ord. 324 4/4/2006
124
Veterinary clinics no outside pens or animal storage) Note: Combine with below
P
Ord. 8YYYYY 7 /18/2000 (P in LB)
125
Veterinary clinics no outside ens Note: Combine with above
C
C
P
P
No
Yes
Ord. 810/21/1970
126
Vocational trade, business, and technical schools Note: various undefined /similar school types in scattered
districts.
P
Yes
Yes
Ord. 8WW 10/6/1987
127
Warehouses
P
P
No
Ord. 810/21/1970
128
Wholesale businesses
P
P
No
Ord. 810/21/1970
Wind Energy Conversion Systems (WECS) -as defined in and in compliance with Title 9, Chapter 13 of this
129
code. WECS are prohibited on WDE site.
C
C
C
C
C
C
C
C
C
C
C
C
C
No
Ord. 390 3/16/2010
(Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000,8-5-2002; Ord.8QQQQQQ, 10 -1 -2002; Ord. 8RRRRRR, 10 -1 -2002; amd. Ord. 8AAAAAAA, 4 -15 -2003; amd. 2003 Code; amd. Ord. 314 10-4 -2005; amd. Ord. 385 7- 21 -09; amd. Ord. 388 10- 20 -09; amd.
1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those
2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) sqt
3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord.
4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit 1
5 Including, but not limited to: buildings such as telephone exchange stations, booster or substations, elevated tanks and lift stations conforming to architectural
6 Loading berths prohibited in the LB district.
7 After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger.
8 See subsection 13 -2-4 of this code for permitted, conditional, and prohibited uses in the AgP district.
9 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4 -4.