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Home My WebLink AboutOrd. 438 - Amend 9-8-2, 11-3-4, & 12-8CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 438 SUMMARY AN ORDINANCE AMENDING THE ANDOVER CITY CODE, 9 -8 -2, DEFINTION OF RENTAL DWELLING; 11 -3 -4, EASEMENTS; 12 -8 -2, LAND RECLAMATION, 12 -8 -3, MINING AND 12 -8 -4, SOIL PROCESSING; 12 -16, ADDING REQUIREMENTS FOR SPECIFIC INTERIM USE PERMITS; AND OTHER RELATED SECTIONS OF THE CITY CODE 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 City Code 9 -8 -2, Definition of Rental Dwelling; 11 -3 -4, Easements; 12 -8 -2, Land Reclamation, 12 -8 -3, Mining and 12 -8 -4, Soil Processing; 12 -16, Adding Requirements for Specific Interim Use Permits; and other related sections of the City Code 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 17th day of June, 2014. ATTEST: 9Li helle Hartner, Deputy City Clerk CITY OF ANDOVER V.- � 111ael R. Gam e, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 438 CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 8: RENTAL HOUSING DWELLINGS SECTION: 9 -8 -2: DEFINITIONS: RENTAL DWELLING: Means any dwelling or dwelling unit used for residential occupancy by one or more persons who are not the owner or a member of the owner's immediate family. "Rental dwelling" does not include hotels, motels, senior living facilities, and hospitals. CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 3: DESIGN STANDARDS SECTION: 11 -3 -4: EASEMENTS: A. Utility Easements: Easements at least ten (10') wide or as determined by the City Engineer, centered on rear and side lot lines, shall be provided for utilities where required by the platting authority. Utility easements shall have continuity of alignment from block to block and lot to lot. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and rear lot lines. Lots without municipal services shall have a minimum 10 -foot drainage and utility easements along all property lines. CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 8: REQUIREMENTS FOR SPECIFIC CONDITIONAL USES 0jR? .. .. ._ ■ OMEN • A .. MMMIERTSWr - • w • ._ plant; 2. The looation 4the -.... • ��75!•!! Ei' ��RTS!!! TS!!!! L' �5! Efff! �! �!! z! R' r- �!'%l �R.- T4l ST- T.!!�SL•RT.t /i!!!RS!�.'6Tri!!!: ! 12 -8 -52: LIQUID STORAGE TANK: A. Conditional Use Permit Required For Certain Materials: All uses, including pipelines associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a Conditional Use Permit in order that the governing body may have some assurance that fire, explosion or water or soil contamination hazards are not present that would be detrimental to the public health, safety and general welfare. All tanks that could contain hazardous and /or flammable liquids having a capacity in excess of one thousand (1,000) gallons shall be required to obtain a Conditional Use Permit and a permit from the Fire Department prior to installation. Exceptions are noted below. All public agencies (including school districts, city, county and state) shall be entitled to apply for a Conditional Use Permit for a tank regardless of the zoning district that they are located in. B. The governing body may require the development of diking around said tanks, suitably sealed, to hold a leakage capacity equal to one hundred fifteen percent (115 %) of the tank capacity. C. Prohibitions All liquid storage tanks not listed as a Conditional Use in the Uses table (refer to Section 12 -13) or as an Exception (as noted in Section 12 -8 -7 D.) shall be prohibited. D. Exceptions. The provisions of this subchapter do not apply to: 1. Existing home heating oil tanks, including those located in basements, cellars, if the storage tank is located upon or above the surface of the floor; 2. Septic tanks. 3. Small (20 -30 lb.) propane tanks used on barbeque grills. E. Installation, Alteration, Repair or Removal Permits. 1. The installation, alteration, repair or removal of any liquid storage system governed by this subchapter requires permits issued by the Fire Chief pursuant to the provisions of the Minnesota State Fire Code and any other applicable code, ordinance, statute, rule or National Fire Prevention Association Standards; 2. Permits and fees. The issuance of permits and the collection of fees shall be in accordance with the fee schedule adopted by the City Council in the amount provided by the fee resolution, set forth in this code; 3. The Fire Chief may deny a permit to persons not capable of performing pursuant to ordinance requirements. 12 -8 -6-3: EXTERIOR STORAGE: In all districts excluding residential districts, the governing body may order the owner of property to apply for a Conditional Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. 12 -8 -7 4: AUTOMOBILE SERVICE STATION The regulation of automobile service stations strives to achieve compatibility of these stations with adjacent and abutting land uses. In addition, such regulation is intended to protect the public health, safety and general welfare by mitigating and potentially detrimental aspects of automobile service stations, including potential traffic hazards, noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising, environmental health hazards, and the like. Automobile service stations shall be subject to the following: A. All new buildings, the site, tanks, piping and dispensing stations, shall comply with the current provisions of the International Building Code, Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in Section 12 -8 -7 2 of this code. B. Building permits shall not be issued for new construction or remodeling of facilities unless Fire Department approval has been received. C. Hours of operation will be approved by the City Council. D. The site plan shall show parking areas for customers, employees, service vehicles and those needing repair and no other areas of the site will be allowed vehicle parking. No vehicle shall be parked awaiting service longer than ten (10) days. Inoperable vehicles are regulated per section 6 -5 of City Code. E. Pump islands are subject to setback requirements. F. Exterior storage and sales shall only be allowed as approved through the Conditional Use Permit. 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 16: REQUIREMENTS FOR SPECIFIC INTERIM USE PERMITS 12 -16 -1: LAND RECLAMATION: Land reclamation shall be permitted only by Interim Use Permits in all districts. The permit shall include, as a condition thereof, a finished grade plan which will not adversely affect the adjacent land, and as conditions thereof shall: A. Regulate the type of fill permitted; B. Include a program for rodent control; C. Include a plan for fire control; D. Provide for general maintenance of the site; E. Provide planned controls of vehicular ingress and egress; and F. Provide for control of material disbursed from wind or hauling of material to or from the site. 12 -16 -2: MINING: In all districts, the conduct of mining shall be permitted onlyuupon issuance of a Interim Use Permit. Such permit shall include, as a condition thereof: A. A plan for finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is s being conducted; and B. The route of trucks moving to and from the site. 12 -16 -3: HIGHWAY CONSTRUCTION MATERIALS (TEMPORARY PROCESSING AND STORAGE: A. Site Plan Requirements: The temporary_ processing and storage of sand, gravel, or other materials shall be permitted only by Interim Use Permit. Such Interim Use Permit shall include a site plan showing: 1. Where the processing is to be done; 2. The location of the plant; 3. Disposal of water; 4. Route of trucks moving to and from the site in removing processed material from the site. B. Term Of Permit: Such permit shall be granted for a specified period. 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 3`d day of June, 2014. ATTEST: a is elle Hartner, Deputy City Clerk CITY OF ANDOVER MAael R. Gamac e, Mayor Chapter 12 COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES P- Permitted Use GR- General Recreation PA- Permitted Accessory Use LB- Limited Business C- Conditional Use SEE FOOTNOTES NB- Neighborhood Business X- Prohibited Use SC- Shopping Center PUD- Planned Unit Development GB- General Business I- Interim Use I- Industrial If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses Zoning Districts GR LB NB SC GB I Auto Related Uses Automobile service stations in compliance with City Code 12 -8-7 4 X X C1 C4 C C Storage Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12 -8-3 2 X X C C C C Highway construction materials (temporary processing and storage) in compliance with City Code 12 -16 I I I I [ I Other Excavation (Mining) greater than 400 cubic yards when no building permit has been issued in compliance with City Code 42-8 12 -16 I I I I I I Land Reclamation in compliance with City Code 12 -16 I 1 1 I I I