HomeMy WebLinkAboutOrd. 436 - Title 12 AmendedCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 436
AN ORDINANCE AMENDING THE CITY CODE TO ADD AND AMEND DEFINITIONS;
TO UPDATE THE PERMITTED, CONDITIONAL AND PROHIBITED USE TABLE AND
TO PROVIDE PROVISIONS FOR INTERIM USES
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 2: RULES AND DEFINITIONS
12 -2 -2: DEFINITIONS
The following words and terms are being amended or added to this title. All other terms
and definitions shall remain as written and adopted by the Andover City Council.
BED AND BREAKFAST: A small lodging establishment that offers overnight
accommodations and breakfast for a fee but usually does
not offer other meals.
1.1111!11111
11111WMM�
CLUB, PRIVATE: A place of assembly and activity where membership is
required and directed toward and limited to people with
specific interests or of a specific group.
CLUB, PUBLIC: A place of assembly and activity where membership typically
is required and is directed toward the general public, and
where the sponsoring organization is non - profit.
COMMERCIAL
GREENHOUSE: A retail business where the primary operations are the
selling of landscaping and plant materials grown on site
either in an enclosed building or outside.
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 (includes family and group family daycare facilities
per Minnesota State Statutes).
GROUP FAMILY
DAYCARE FACILITY: means a day care for no more than 14 children at any one
time. The total number of children includes all children of
any caregiver when the children are present in the
residence.
K -12 SCHOOL: Any building or group of buildings, the use which meets the
compulsory education laws of the State of Minnesota for
elementary school, middle school (junior high school),
secondary school (senior high school).
MANUFACTURING,
' '" ED: 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 Renalsehelis beverages, signs
and displays, printing, publishing, fabricated metal parts,
appliances, clothing and textiles.
POST - SECONDARY
SCHOOL: Post - secondary School: Any building or group of buildings
the use of which is higher in education than secondary
school (senior high school).
PROFESSIONAL
STUDIO: A building or portion of a building used as a place of work by
an artist, photographer, or artisan,
RENTAL BUSINESS: The rental of equipment associated with the primary use of
the property.
RETAIL TRADE AND
SERVICES:
A
place that is a destination for vacation or recreation, rest, or
frequented for a particular purpose often with food and /or
entertainment.
- -- -- --- - --- - - - -- -
supply estalbl'shmeRt6, Ghina and gias6wape, Christmas tree sales,
assembled er used away fForn the premises, heusehold
drove in, theFapG61tiG massage establishments (on and off site
appaFel and similar type use-,. A business having as its
primary function the
personal • the consumer.
UTILITY — PRIVATE: Includes cable television electric gas, phone, steam,
communication services or the like.
UTILITY — PUBLIC: Includes municipal sanitary sewer, water, storm sewer and
any other municipal utility installed by or for the City of
Andover.
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 12: PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM
AND PROHIBITED USES
(Table Added Here)
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 14: ADMINISTRATION AND ENFORCEMENT
12 -14 -8: PUBLIC HEARING PROCESS:
A. Council Actions Requiring a Public Hearing: The following Council actions shall
require a
public hearing:
1.
Variance
2.
Conditional Use Permit (CUP)
3.
Rezoning and Text Amendment
4.
Sketch Plan
5.
Preliminary Plat
6.
Comprehensive Plan Amendment
7.
Interim Use Permits
B.
Public Hearing
1.
A public hearing on an application for Council actions in this chapter
shall be held by the Planning Commission in accordance with the
Minnesota State Statutes.
2.
A notice of the time, place, and purpose of the hearing shall be
published in the official newspaper of the city ten (10) days prior to the
day of the hearing.
3.
Property owners and occupants within three hundred fifty feet (350') of
subject properties located inside the Municipal Urban Service Area
(MUSA) (based on the City's most current version of Anoka County
Property Records) shall be notified in writing.
4.
Property owners and occupants within seven hundred feet (700') of
subject properties located outside the MUSA (based on the City's most
current version of Anoka County Property Records) shall be notified in
writing.
5.
The notification distance shall be measured from the perimeter of the
subject property. Property owner notifications shall be sent by mail.
Failure by any property owner or occupant to receive such notice shall
not invalidate the proceedings.
6. Staff shall have discretion to expand the notification area on a case by
case basis.
7. The hearing may be continued from time to time in the event the
Planning and Zoning Commission needs additional information from
the applicant or other sources to make its decision.
8. The Planning Commission recommendation shall be presented to the
City Council.
9. The City Council shall make the final decision on the proposed action
(Amended Ord. 342, 3 -6 -07)
12- 14 -12: INTERIM USE PERMITS
(A) Purpose. Certain land uses might not be consistent with the land uses designated
in the Comprehensive Land Use Plan and they might also fail to meet all of the zoning
standards established for the district within which they are proposed. Some such land
uses may, however, be acceptable or even beneficial if reviewed and provisionally
approved for a limited period of time. The purpose of the interim use review process is
to allow the approval of interim uses on a case-by-case basis. Approved interim uses
shall have a definite end date and may be subject to specific conditions considered
reasonable and /or necessary for the protection of the public health safety and general
welfare.
(B) Application /Fee. The person applying for an Interim Use Permit shall fill out and
submit to the Community Development Director a request for Interim Use Permit form
together with a fee as set forth by ordinance. The Community Development Director
shall have ten (10) working days from receipt of the application to determine
completeness. The Community Development Director shall refer completed
applications to the Planning and Zoning Commission.
(C) Procedures. The public hearing public notice and procedural requirements for
interim use permits shall be as provided in 12 -14 -8. The City Council shall act upon the
interim use permit within sixty (60) days from the date of submission of a complete
application unless an extension has been provided pursuant to Minnesota Statutes
15.99. Approval of a request shall require a four -fifths (4/5) vote of the entire City
Council.
(D) Standards. The Planninq Commission shall recommend an interim use permit and
the Council shall issue such interim use permit only if it finds that such use at the
proposed location:
(1) Will not create an excess burden on parks, streets and other public
facilities:
(2) Will not be iniurious to the surrounding neighborhood or otherwise harm
the public health, safety, and general welfare;
(3) Will not have a negative effect on values of property and scenic views,
(4) Will not impose additional unreasonable costs on the public:
(5) Will be subjected to by aqreement with the owner, any conditions that the
City Council has deemed appropriate for permission of the use
including a condition that the owner may be required to provide an
appropriate financial surety to cover the cost of removing the interim
use and any interim structures upon the expiration of the interim use
permit:
(E) Termination. An interim use permit shall terminate upon the occurrence of any of
the following events, whichever occurs first
(1) Five (5) years from the date of approval: or
(2) The date or event stated in the permit or
(3) An amendment to the City Code that either no longer allows the interim use or
now permits the interim use: or
(4) The use has been discontinued for six months.
(F) Revocation. The City Council may revoke any interim use permit for cause upon
determination that the authorized interim use is not in conformance with the conditions
of the permit or is in continued violation of the City Code or other applicable regulations
(G) Renewals. If an approved interim use is to be continued beyond the date of its
expiration or if an expired interim use is to be reinstated an applicant shall follow the
above process for seeking a new interim use approval
(H) Reapplication after Denial No previously denied application for an Interim Use
Permit may be considered by City Council for a period of one year from the date of its
denial.
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 April, 2014.
CITY OF ANDOVER
ATTEST: MipKael R. Gamac e, Mayor
Michelle Hartner, Deputy City Clerk
Chapter 12
RESIDENTIAL
updated 2/25/14
PERMITTED, PERMITTED ACCESSORY. CONDITIONAL, AND INTERIM AND PROHIBITED USES
P- Permitted Use
R -1- Single Family-Rural
Zoning
District%
PA- Permitted Accessory Use
R -2- Single Family- Estate
R -2
R -3'
C- Conditional Use sre roamorrs
R -3- Single Family- Suburban
M -2
X- Prohibited Use
R -4- Single Family- Urban
PUD- Planned Unit Development
R -5- Manufactured Housing
C
(blank) Use Net PeFm6ted 1-
M -1- Multiple Dwelling- Low
Density
X
Interim Use
If Use Not Specifically Usted or Provided for Elsewhere in the City Code It Is Prohibited
—
Permitted Permit ed Accessory- Conditional- Interim and Prohibited I J�,�
Zoning
District%
R -1
R -2
R -3'
R -4 3 R -5
M -1
M -2
Animals
Animal Therapy Facility-on properties larger than five acres in size
C
C
C
X
X
X
X
Commercial animal training 2.5 acre minimum residential lot size
C
C
C
X
X
X
X
Commercial riding stables
C
X
X
X
X
X
X
Dog kennel license - Private (2.5 acre minimum lot size required) in
com liance with Citv Code 5 -IA
C
C
C
C
C
C
C
Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance
with Citv Codes -IA
C
C
C
C
G
X
X
Domestic animals in compliance with City Code Title 5
PA
PA
PA
PA
PA
PA
PA
n Farm animals up to 5 per acre, plus one additional farm
animal per acre above 5 acres on residential properties 5 acres or greater up to
P
P
P
X
X
X
X
a maximum of 20 animale and definition under City Code 12 -2
Keeping of more Farm animals greater than allowed as a permitted use on
residential properties 5 acres or greater in compliance with City Code Title 59
C
C
C
X
X
X
X
and definition under City Code 12 -2
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
Keep ing -ef Pleasure/recreation animals on residential properties at least 2.5
acres in size in compliance with City Code Title 5 and definition under City
PA
PA
PA
PA
X
X
X
Code 12 -2
Keeping of Poultry on residential properties with neither municipal sewer or
and water in compliance with City Code Title 5 and definition under City
P
P
P
X
X
X
X
Code 12 -2
Dwellings
Manufactured homes and modular homes, provided they are developed under
a planned unit development and the complex is a minimum of twenty (20)
X
X
X
X
PUD
X
X
acres in size
Multiple dwellings
X
X
X
X
X
PUD
PUD
Relocated dwelling units in com liance with Ci[ Code 9 -I 1
C
C
C
C
C
C
C
Single- family residential buildings (detached)
P
P
P
P
PUD
PUD
PUD
Single- family residential buildings (attached) and townhouses
X
X
X
P464)
X
PUD
PUD
Two-family home conversions (splits) in compliance with City Code I2 -8 -1
E
G
G
C
C
C
C
Home Occupations
Home occupations within principal structure in compliance with City Code
124409
PA
PA
PA
PA
PA
PA
PA
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
C
C
C
C
C
C
C
with City Code 1248:9
Barbershops and beauty salons
C
C
C
C
C
C
C
Bed and breakfast
C
C
C
C
C
X
X
Keeping of not m R than two (2) Boarders or roomers, up to two persons. by
a resident family, with no private cooking facilities
PA
PA
PA
PA
PA
PA
PA
Cabinet making/wood working (home occupation) in compliance with City
Code 12-9
C
X
X
X
X
X
X
Commercial greenhouse
C
C
C
G-X
G-X
6df
4 x
Chapter 12
RESIDENTIAL
PERMITTED, PERMITTED ACCESSORY CONDITIONAL, AND INTERIM AND PROHIBITED USES"
updated 2/25/14
P- Permitted Use
R -1- Single Family-Rural
PA- Permitted Accessory Use
R -2- Single Family- Estate
R -1
R -2
C- Conditional Use see roornorrs
R -3- Single Family- Suburban
R -5
X. Prohibited Use
R4- Single Family- Urban
PUD- Planned Unit Development
R -5- Manufactured Housing
P
1-
M -1- Multiple Dwelling- Low
Denqitv
P
Interim Use
If Use Not Specifically Listed or Provided for Elsewhere in the City Code It Is Prohibited
R -1
R -2
R -3 z
R4'
R -5
M -1
M -2
Da care Centers- Home Occupation 12 or fewer children
P
P
P
P
P
P
P
Da pare Centers -Home Occupation 13 or more children
C
C
C
C
C
C
C
Da care Facility -Grouv Famil y
P
p
P
P
p
P
p
Farm Wineries (subject to City Code 12 -9 -12
C
C
C
X
X
X
X
Rest °-a
homes te, d '- nuts,,- -°°,",omes Group Homes as regulated by State Statute
G-P
E P
G-P
4�7P
GP
E P
f P
Office in com liance with City Code 12 -9
PA
PA
PA
PA
PA
PA
PA
Therapeutic massage establishment (as a home occupation offering on site
massage services ) as regulated by chapter 9 of this title and title 3, chapter 6
C
C
C
C
C
C
C
Schools
ianiiir, and K -12 Schools
P
P
P
P
P
P- X
P X
Post-secondaa Schools
C
C
C
C
C
X
X
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
C
C
C
Subordinate Classroom Structures (when located on a licensed Primary
and/or Second school property)
R 1
-
P 1
-
P I
-
P I
-
P I
-
P I
-
P I
-
Subordinate Classroom Structures (when located on a property where there is
a church as the principal use)-
C I
G I
-
G I
-
G I
-
G I
-
G I
-
G 1
-
Utilities
Private utilities (gas electric Phone cable etc) in Comolaince with City
p
-
p
P
-
P
-
P
-
P
-
P
-
Code 8 -2
Private utility structures and /or uses (electrical transmission lines. gas
C
C
-
C
-
C
-
C
-
C
-
C
i elines etc.)-
Pw,i2 ut lit (Essential
P
P
p
P
P
P
P
Public utility uses for local service
P
P
P
P
P
P
P
G
G
G
E
G
G
G
Other
Agricultural uses - rural outside MUSA bound only)
P
P
P
X
X
X
X
Agricultural uses- urban
P
P
P
P
P
P
P
Antennas in excess of thirty -five feet (35') in height in compliance with City
Code 9 -12
C
C
C
C
C
C
C
Buildings (Principal) exceeding height maximum subject to City Code 12 -3 -5
C
C
C
C
C
C
C
Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in
compliance with City Code I2 -8 -5
C
X
X
X
X
X
X
...,...m.,: eia: pa '.k , Campgrounds, trail - rides, gun clubs and ranges, archery
ranges, racetracks eammefeial saawmabile eaufses
C
-
X
X
X
X
X
X
Cemeteries
C
C
C
C
C
C
C
Churches
C
C
C
C I
C
P X
P X
Clubs and lodges
C
C
C
C
C
C
C
Crafts and antique businesses in buildings designated as historical sites by a
county, state or nationally rmoenizcd historical organization
X
X
X
G-X
X
X
C
-
Gara es and Accessory Structures in compliance with City Code 12-6
PA
PA
PA
PA
PA
PA
PA
Golf courses and drivinu ran es
C
C
C
C
C
C
C
Highway construction materials tcm ora processing and storage)
Cl
GI
Gl
GI
GI
GI
GI
Marinas
C
C
C
C
C
C
C
Publicly owned and operated property except as herein amended
P
P
P
P
P
P
P
Resorts i
C I
C I
C I
X I
X I
X
X
Chapter 12
updated 2/25/14
RESIDENTIAL
PERMITTED, PERMITTED ACCESSORY CONDITIONAL, AND INTERIM AND PROHIBITED USESe
P- Permitted Use
R -1- Single Family-Rural
PA- Permitted Accessory Use
R -2- Single Family- Estate
R -1
R -2
C. Conditional Use sEEroornorES
R- 3- Single Family- Suburban
R -5
X. Prohibited Use
R -4- Single Family- Urban
PUD- Planned Unit Development
R -5- Manufactured Housing
PA
Man'0 Use Not Pertn'ted I-
M -1- Multiple Dwelling- Low
PA
Interim
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
(Amended Ord. 8, 10 -21 -1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.8000QQQ, 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.
Ord. 390 3- 16 -10; amd. Ord. 397 8- 17 -10; Amd. Ord. 404,1-18-11
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 listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by
conditional use permit and in accordance with the criteria as stated in subsection 12 -15 -61) of this title.
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) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the
lots are to be developed in accordance with this chapter and shall be so designated.
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. 314,10-4-2005)
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 Development.
5 !"eluding, but not lim ted te� buildi"gs sueh as telephane exeltange stations, baoitef of substations, elevated ian& and lift stations BeRfeming to
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 1244.
10 Sec 12 -2 -2 for definitions of "Continuous Operation and Non - continuous Operation'. (Amended Ord. 421, 10 -2 -12)
11 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District (Amended Ord.
424,11-7-12)
12 See subsection 12 -9 -2 of this code for permitted home occupations.
R -1
R -2
R -3 r
R -4 'I
R -5
M -1
M -2
Swimming pools and recreation areas or structures
PA
PA
PA
PA
PA
PA
PA
Uses which may be detrimental to the health, safety, and welfare of persons
residing or working in the vicinity
X
X
X
X
X
X
X
Wind Energy Conversion Systems (WECS) -as defined in and in compliance
with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site.
C
C
C
C
C
C
C
BwItHessSekeels
R
E
C
G
G
C
RA
RA
PA
RA
pA
R
R
p
R
R
R4
RA
RA
RA
RA
1PRARA
RA
R4
RA
R4
RA
C
C
C
C
C
(Amended Ord. 8, 10 -21 -1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.8000QQQ, 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.
Ord. 390 3- 16 -10; amd. Ord. 397 8- 17 -10; Amd. Ord. 404,1-18-11
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 listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by
conditional use permit and in accordance with the criteria as stated in subsection 12 -15 -61) of this title.
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) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the
lots are to be developed in accordance with this chapter and shall be so designated.
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. 314,10-4-2005)
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 Development.
5 !"eluding, but not lim ted te� buildi"gs sueh as telephane exeltange stations, baoitef of substations, elevated ian& and lift stations BeRfeming to
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 1244.
10 Sec 12 -2 -2 for definitions of "Continuous Operation and Non - continuous Operation'. (Amended Ord. 421, 10 -2 -12)
11 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District (Amended Ord.
424,11-7-12)
12 See subsection 12 -9 -2 of this code for permitted home occupations.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 436 SUMMARY
AN ORDINANCE AMENDING THE ANDOVER CITY CODE, TITLE 12, TO ADD AND
AMEND DEFINITIONS; TO UPDATE THE PERMITTED, CONDITIONAL AND
PROHIBITED USE TABLE AND TO PROVIDE PROVISIONS FOR INTERIM USES
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in
Minnesota Statute 412.
Policy
The purpose of these regulations is to protect the public health, safety and welfare and to define and
regulate land uses in the City of Andover in regard to permitted, conditional, interim and prohibited
uses.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and
shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 6`s day of May, 2014.
ATTEST:
A L P_c�)OA4-v�
Miccl elle Hartner, Deputy City Clerk
CITY OF ANDOVER
MVhael R. Gamacfie, Mayor