Loading...
HomeMy WebLinkAbout03/11/2014 WorkshopANLb o r =6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Workshop Meeting Agenda March 11, 2014 Andover City Hall Conference Rooms A & B 6.00 a.m. 1. Call to Order 2. Swearing in of Commissioners 3. Nominate and Appoint Chair and Vice Chair 4. Discuss City Code 12 -12 Permitted, Conditional, Interim and Prohibited Uses 5. Other Business 6. Adjournment C I T Y o f NDOVE 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: David L. Carlberg, Community Development Director SUBJECT: Swearing In of Re- appointed Commissioners DATE: March 11, 2014 Re uest. Commissioners Daninger, Holthus and Cleven were reappointed to serve three year terms on the Commission. Commissioners Daninger, Holthus and Cleven will be asked to take the oath of office. Respectfully submitted, �1 �aQe -v David L. Carlberg 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: David L. Carlberg, Community Development Director SUBJECT: Appointment of Chairperson and Vice Chairperson DATE: March 11, 2014 Re uest The Commission is requested to nominate and appoint a Chairperson and Vice Chairperson. Commissioner Daninger is the current Chairperson and Commissioner Holthus is the current Vice Chairperson. Respectfully submitted, 7a David L. Carlberg . • - 1 r1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVE R.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Discussion of City Code Regarding Permitted, Conditional, Interim and Prohibited Uses DATE: March 11, 2014 BACKGROUND The Planning and Zoning Commission held a public hearing on the land use table (City Code 12 -12) on November 12, 2013 and recommended the City Council adopted the amendment. At the December 3, 2013 City Council meeting, Council directed staff to bring the table to a Council work session to further discuss the segregating of the table into a table of residential uses and a table of commercial /industrial uses. Council also wanted the uses on the table(s) to be categorized to make the table more user friendly. The City Council held three work sessions to discuss the revisions to the table. Staff will highlight these changes for the Commission. City Council during these work sessions also requested revisions to the uses as well as new or revised definitions to support the uses listed on the table. Attached is an ordinance amendment that culminates and reflects all of the changes by the City Council. Staff will highlight and review this document with the Commission at the work session. Respectfully Submitted, ��.1. David L. Carlberg Attachments Ordinance Amendment December 3, 2013 Council minutes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX 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: not offer other meals. a 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 (�4) 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, 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 R9Ralsehetis 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, or used f9F Fadie OF 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, recreation, or rest, or which is frequented for a particular purpose, often with food and /or entertainment. , shops, gaFden supplies (yeaF Found opeFation only), assembled OF UGed away fFeF:n the pFeFnmses, household , rese-amh -and- testing, laundry and dFY Gleaning pmGkLip , , , A business having as its primary function the supply of merchandise, wares, and /or personal services to the consumer. _, .�arnrs�rr.rr. UTILITY — PRIVATE: Includes cable television, electric, gas, phone, steam, communication services or the like. .�arnrs�rr.rr. 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 thev are proposed. Some such land 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 (415) vote of the entire City Council. (D) Standards. The Planning 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 agreement 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) A change in the city's zoning regulations; 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 application for an Interim Use Permit shall be resubmitted for a period of one year from the date of said order of 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 day of 2013. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor Chapter 12 RESIDENTIAL updated 2/25/14 PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, AND INTERIM AND PROHIBITED USES P- Permitted Use R -1- Single Family-Rural Zoginy D*ptr6c4 PA- Permitted Accessory Use R -2- Single Family- Estate R-1 I $r3 C- Conditional Use SEE moTNOWS R -3- Single Family- Suburban . X- Prohibited Use Rd- Single Family- Urban PUD- Planned Unit Development R -S- Manufactured Housing C (blank) Use Not Perw4ed I- M -1- Multiple Dwelling- Low Density X Haterim Use If Use Not Specifically Listed, It Is Prohibited Perm*tted- rmotted Accessory- Conditional. Inter*m and Prohibited Uses 1 Zoginy D*ptr6c4 R-1 I $r3 R4 R4; ` . 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 sizel 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 C C C C C compliance with City Codes -1A C C Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance C C 6 X X with City Code 571A C C- Domestic animals in compliance with City Code Title 5 PA PA PA PA I PA PA PA Keepingg to 5 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 animals9 and definition under City Code 12 -2 {Eeep+ng Of fflffe 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 and definition under City Code 12 -2 Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted X X use that predates the adoption of this ordinance. X X X X X Keeping e Pleasure/recreation animals on residential properties at least 2.5 acres in size in compliance with City Code Title 5 and definition under Citv PA PA PA PA X X X Code 12 -2 Keepieg of Poultry on residential properties with neither municipal sewer and water in compliance with City Code Title 5 and definition under City Code P P P X X X X 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 compliance with City Code 9 -11 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 PJJP X PUD PUD Two - family home conversions (splits) in compliance with City C xie 12 3 -1 C G C C E C I C Home Occupations Home occupations within principal structure in compliance with City Code PA PA PA PA 12-499 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 MPA with City Code 12 -+9,9 Barbersho s and beau salons C C C C Bcd and breakfrut C C C C Boarders or roomers, up to two persons_ by PA PA PA PA PA PA PA a resident family, with no private cooking facilities Cabinet making/wood working (home occupation) in compliance with City C X X X X X X Cod,: 12 -9 Commercial greenhouse C C C C—X C -- C-N C—X Daycare Centers- Home Occupation (12 or fewer children) P P P P P P P Daycare Centers -Home Occupation (13 or more children) C C C C C C C Chapter 12 RESIDENTIAL updated 2/25/14 PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, AND INTERIM AND PROHIBITED USESe P- Permitted Use R -1- Single Family-Rural 7Aninu ni afriete PA- Permitted Accessory Use R -2- Single Family- Estate R -1 RA C- Conditional Use' sae monrOres R -3- Single Family- Suburban VA' X- Prohibited Use R4 Sin a Family- Urban PUD- Planned Unit Development R -5- Manufactured Housing P «181110 Use NOt °er.:,;;ed I- M -1- Multiple Dwelling- Low P Unterim If Use Not Specifically Listed, It Is Prohibited Permitted- Permitted Accessory, Conditional, Interim and Prohibited Uses 7Aninu ni afriete R -1 RA 41! M VA' ?fir# Da care Facili -Grou Famil , P P P P P P P Farm Wineries subject to City Code 12 -9 -12) C C C X X X X Rest h -..,.,s and _ ...� Groun Homes as regulated by State Statute 4�L-P C- P 49--P C P C--P t= P C--P Office in com liance with Citv Code I2 -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 K -12 Schools P P P P P R X P X Post-secondaEy 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 Secondary school property) p I - p I - p I - p I - p l - p I - p I - Subordinate Classroom Structures (when located on a property where there is a church as the principal use) G I E I - 6 1 G I E I - G I - G I Utilities Private utilities (eas, electric, phone, cable etc) in Complaince with Citv P - P - P - P - P - P - P - Code 8 -2 Private utility structures and /or uses (electrical transmission lines. Etas C - C - C - C - C - C - C - i elines etc. ` p p R p p p p Public utility uses for local service whe4 P P P P P P P E C E G C 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 Citv 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 12 -8 -5 C X X X X X X CHffi . ereiai far' -,, Campgrounds, t-� fide , gun clubs and ranges, archery ranges, racetracks C X X X X X X Cemeteries C C C C C C C Churches C C C C 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 national] recognized historical organization X X X F X X X C Gary es and Accesx Structures in com liance with City Code 12 -0 PA PA PA PA PA PA PA Golf courses and driving ranges C C C C C C C Highway construction materials rem orary processing and storage) CI Cl EI Cl 6I C Cl 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 C X X X X Swimming pools and recreation areas or structures PA P:\ PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X +AP X X X X Chapter 12 updated 2/25/14 RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, AND INTERIM AND PROHIBITED USES' P. Permitted Use R -1- Single Family-Rural striete PA- Permitted Accessory Use R -2- Sinyje Family- Estate R -1 I WX C- Conditional Use' sty tnorNOtu R -3- Single Family - Suburban X- Prohibited Use 114- Single Family- Urban PUD- Planned Unit Development R -5- Manufactured Housing C ! tblan� Ar e" e `@t Verm4ed l- M -1- Multiple Dwelling- Low Density C lInterint Use If Use Not Specifically Listed, 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. 314 104-2005; amd. Ord. 385 7- 21 -09; amd. Ord. 388 10- 20 -09; amd. Ord. 390 3- 16 -10; amd. Ord. 397 8- 17 -10; Amid. 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 -6D 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 1110luding, J J , f J aFeli4eetkoffil Style of the c 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. 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 I st 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. Permitted- Peraidited Accessory- Condiflonal- Interim and Prohibited Uses striete R -1 I WX W3 3FW X41 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 JPA Rusi"eis 8&0816 p RA pA ILA {zA pA PA P p P p R p p HVOOR60ftal PA FLA PA RA PA THIS'! OF gffbage ellelOSUPOS PA AA PA RA PA pA pA tFade, busines�, and teehfiieal sehoo6i C I 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. 314 104-2005; amd. Ord. 385 7- 21 -09; amd. Ord. 388 10- 20 -09; amd. Ord. 390 3- 16 -10; amd. Ord. 397 8- 17 -10; Amid. 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 -6D 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 1110luding, J J , f J aFeli4eetkoffil Style of the c 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. 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 I st 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. Chapter 12 COMMERCIALANDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESs P- Permitted Use GR- General Recreation PA- Permitted Accessory Use LB- Limited Business C- Conditional Use srE POOTNOI S NB- Neighborhood Business X- Prohibited Use SC- Shopping Center PUD- Planned Unit Development GB- General Business +nited I- 1- Industrial interim Use If Use Not Specifically Listed, It Is Prohibited updated 2/25/14 Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses GRr 1 Auto Related Uses Automobile service stations in compliance with Citv Code 12 -8 -7 X X C 7 C ° C C Car wash automated) X X X C X X Car wash self service) X X X X P P Car wash, accessory to automobile service station X X X P P P School bus terminal X X X X X P Transportation terminals or motor freight terminals X X X X X X Vehicle sales (new) in Com liance with City Code 3 -8 X X X X It C C Vehicle sales (used) in Compliance with City Code 3 -8 X X X X C C Liquor Liquor licenses in cornl2liance with City Code 3 -1 C X X C C C Liquor License, On -Sale Wine in compliance with City Code 3 -1 X X C C C C Liquor stores, off -sale in compliance with City Code 3 -1 X X X C C X Retail Trade and Services Adult use business as defined in Title 3, Chapter 7 of the City Code X X X X C C Barbershops and beauty salons X P P P P X C-effillmefemal Path , Campgrounds, trail ride, gun clubs and ranges, archery •° ranges, racetracks e ° --'°' C X X X X X Christmas tree sales X I I 1 I I Commercial recreation indoors, P P P P P P Commercial recreation outdoors C C C C C C Commercial riding stables C X X X X X Crematorium in cop liance with definition under City Code 12 -2 X X X X C C Daycare centers (Commercial) X P P P P P Daycare centers (drop in) X PA PA PA PA PA Drive in businesses or businesses with a drive through window X C C C C C Dry Cleaning Processing (Amended Ord. 323, 2 -7 -2006) in compliance with definition under City Code 12 -2 X X X X C C Financial institutions X P P P P P Hotels and motels P X X C C P C C Lumberyard X I X X I X I X I C Medical and dental clinics X P P P P P Medical clinic— ?4-houf continuous operation X C C C C C Mortuaries and funeral homes without crematorium X P P P P P Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code X X X C C C Precious metal dealers -as defined in City Code 34 X X X C C C Professional studios X P P P P P Recreational vehicle, boat, and marine equipment sales X X X I P P P Rental businesses (Equipment) X X I I P P Repair services as defined in City Code 12 -2 X P P P P P Resorts F C X X X X X Restaurants /cafes P C P P P P Danciw Restaurant with live entertainment X X X C C X Retail trade and services X C P P P C Secondhand goods dealers as defined in Title 3, Chapter 4 of this code X X X C C C Theaters X X X P P P Theaters (Outdoors) theaters C I X X X. X X Veterinary clinics (no outside pens or animal storage) X PC C C P P updated 2/25/14 Chapter 12 CONIMERCIALANDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESg P- Permitted Use GR- General Recreation PA- Permitted Accessory Use L& Limited Business C- t sU�TN� Conditional Use NB-Neighborhood Business X- Prohibited Use SC- Shopping Center PUD- Planned Unit Development GB- General Business flrlaekJ-- Use -Not pef"I ted I- F Industrial Interi—Mu Se If Use Not Specifically Listed, It Is Prohibited updated 2/25/14 Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses GR LB NO 1 k EB Schools K -12 X X X X X X Post-SecondaEy Schools C C C C C C Schools exceeding height maximum up to 45 feet in height X C C C C C Story e Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12 -8 -5 X X C C C Highway construction materials tem ra processing and storage) I [ I 1 I Mini storage indoor storage only) X X X X C Outdoor display, stora e, and sales X X C C C IX Outdoor display, storage, and sales- during operating hours onl X X C C C Tires - Exterior storage of waste tires X X X X X Tires - Interior storage of more than eight 8 waste tires X C C C C Toxic waste storage X X X X X Utilities Private utilities (gas, electric, phone, cable, etc) in Complaince with City P - P - P - P - P - P - Code 8 -2 Private utility structure. and/or uses (electrical transmission lines, gas C C - C - C - C -, C - pip.111ines, etc.)- Public utility uses for local service P P P P P P G E G G G G Other Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30 %) of the floor area space of the principal building. X PA PA PA PA PA Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9 -12 C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12 -3 -5 C C C C C C Churches X C X C X X Clubs and lodges X X X X P X Continuous operation of a business (footnote 10 & 11) X X P P X1' X I Excavation greater than 400 cubic yards when no building permit has been issued in com Hance with Citv Coda 12 -8 t; l - E-I - C-[ FI 6 I - G-I Golf courses and driving ranges PC X X X X X °, t hgf e- and nursing hones GrOLIC Homes as regulated by State Statute X 12 X X X X X Junkyards; X X X X X X Landfills X X X X X X Manufacturing X X X X P P Marinas C X X X X X Offices X P6 P P P P Publicly owned and operated property except as herein amended P P P P P P Research laboratories X X X X P P Swimming pools and recreation areas or structures 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 Wholesale businesses X X X X P P updated 2/25/14 Chapter 12 updated 2125114 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 sntmmnonc NB- Neighborhood Business X- Prohibited Use SC- Shopping Center PUD- Planned Unit Development GB- General Business (Mavk} —l'se \et-Pern,ited 1- 1- Industrial Interim Use If Use Not Specifically Listed, 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; Amid. Ord. 404,1-18-11 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. 314,104-2005) 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. ._i,'. FHI- S,..i_,c.,,_„ 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 lst continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, I1 -7 -12) I? Scr subscc -tion 12 -9 -2 of this code for nennitted home occupations. Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses GR I L1 NIS SC? j GB I [ 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 BasiHess Seheels P G X X X X X 13aflee-1te:1- G C X X X X X intefiff Affage Of FFISH than two hundred - X X X X X X X X X X X X X X G X X X RA RA P-A R4 R4 RA P p P P p p Sale ithie building G and Stffage 8f ReW anj Used OHIO 13RFt6 (N% a ag4y) P TFash of garbage etie, di R-A RA RA PA RA RA E G p i p 1 IeORr,.„„i...de b _ ,...,, ._.,.„ ............... X X X X R-X I X (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; Amid. Ord. 404,1-18-11 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. 314,104-2005) 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. ._i,'. FHI- S,..i_,c.,,_„ 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 lst continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, I1 -7 -12) I? Scr subscc -tion 12 -9 -2 of this code for nennitted home occupations. O Regular Andover City Council Meeting Minutes — December 3, 2013 Page 4 cushion built into the budget but she has co staff to balance the budget. APPROVE CITY CODE AMENDMENTS — 12 -2 -2 DEFINITIONS; 12 -12 PERMITTED, CONDITIONAL, INTERIM AND PROHIBITED USES; 12 -14 ADMINISTRATI011iRND ENFORCEMENT Mr. Carlberg explained the City Council is requested to consider the ordinance amendment to the City Code. Mr. Carlberg reviewed changes and items removed from the amendment. Item 41— Eliminate Elementary, Junior and Senior High Schools and add K -12. Items 89 — 90, were to be removed. Items 111 -112, land use items on subordinate classroom structures were permitted for primary and secondary schools in Item 111 but in Item 112 Churches was a change from Conditional Use to Interim Use and in the worksession Council wanted those two items to be treated the same. All subordinate classroom structures will now be interim use even for primary and secondary schools. Mayor Gamache asked if the chart was easier to use by staff because he did not think it would be used by residents. Mr. Carlberg reviewed the reason for using the chart. He thought they needed to condense the table more. Councilmember Trade stated their code is not searchable online and she would like to see this change made to be more dynamic. Mr. Carlberg stated that is something staff will need to look at for the future. Mayor Gamache stated there is a column that has been added indicating if the use has not been specifically listed, it is prohibited. Mr. Carlberg stated Councilmember Trade wanted that added. Councilmember Trade thought this was really broad and in her memo from June 2013 she wanted the following words added: "Uses allowed in Business Zoning Districts are prohibited in Residential Zoning Districts unless otherwise listed as permitted or allowed with a Conditional Use Permit." She thought the blanket statement was not thorough enough and what she stated should be included. Councilmember Bukkila thought there was discussion from the beginning regarding this not restricting your freedoms, it tells you what you can do. She thought that trying to flip this did not work. Councilmember Trade agreed and thought it was safer. She would like to have the amendment cleaned up and reviewed before approval. Councilmember Trade stated she would like to see residential uses discussed only in residential, © Regular Andover City Council Meeting. Minutes — December 3, 2013 Page 5 commercial uses only in commercial, agricultural uses together, home occupations together, and listing each one under those topics. Mr. Carlberg thought staff could bring back a table that is condensed but for them to comply with how they amend ordinances, there has to be the underlining, striking through in order to be done legally. Councilmember Trade thought there could be two documents. Councilmember Bukkila would like to see this more user friendly, yet legal. Councilmember Trude indicated she would like to add a couple more categories such as: animals on property, with subtopics. Categories related to buildings and public uses. Wording could be added to indicate: "Public uses including parks, open space, public utilities are allowed ". She wanted the amendment organized and cleaned up and to cut out duplicate items. Councilmember Trade stated the rental definition qid not make sense to her and should be changed per previous discussions. She also thought there needed to be more interim use permits, which Councilmember Bukkila previously requested. © Councilmember Trude thought staff could also remove Item 42. Mr. Carlberg stated staff will clean the amendment up and bring it back for further Council review in January. 2014 CDBG PROJECT/APPLICATIONREVIEW Mr. Carlberg stated 2014 CDBG applications are due at .Anoka County on January 16, 2014. The City needs to determine if it will submit an application for this round of CDBG funding. Mr. Carlberg reviewed the staff report with the Council. Councilmember Trade wondered how the City knows when a well fails. Mr. Carlberg stated they are notified when a well fails when the water is sent in for testing, otherwise there is no notification. He thought there should be a neighborhood meeting to discuss the CDBG project but he did not think the City qualified for this. Councilmember Bukkila suggested sending a letter of support for Youth First programming. Mr. Dickinson stated Youth First has to apply for a different pool of money but the City will provide letters of support to any qualified group looking for funding help. Mr. Dickinson suggested submitting a planning study of some type. Councilmember Trade ® wondered if they could submit a Public Works expansion planning study for funding. Mr. Dickinson suggested they look at a public facility master plan or a study to analyze underserved areas in the community that do not have water service.