HomeMy WebLinkAbout05/10/2016 Workshop1685 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
May 10, 2016
Andover City Hall
Conference Rooms A & B
6.00 p.m.
1. Call to Order
2. Discuss Solar Energy System Regulations
3. Discuss Amendments to Title 11, Subdivision Regulations and Title 12, Zoning
Regulations
4. Other Business
5. Adjournment
C I T Y O F
,ND OVE
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: Discuss Solar Energy System Regulations
DATE: May 10, 2016
REQUEST
The Planning and Zoning Commission is requested to continue discussing
regulations regarding Solar Energy Systems.
BACKGROUND
The Planning and Zoning Commission discussed Solar Energy System provisions
at the March 8, 2016 and April 12, 2016 Workshops. Attached are the draft
minutes from the April 12t` meeting for background on the discussion. Staff has
made revisions to the attached draft ordinance based on these discussions
highlighted in yellow. The Commission is asked to provide additional feedback on
the proposed changes.
Attachments
Proposed Solar Energy System Ordinance
Draft April 12, 2016 Workshop Minutes
Respectfully Submitted,
.vid L. Carlberg
Chapter 15
SOLAR ENERGY SYSTEMS
SECTION
9 -15 -1
Purpose and Intent
9 -15 -2
Definitions
9 -15 -3
Accessory Use
9 -15-4
Exemptions
9 -15 -5
System Standards
9 -15 -1: PURPOSE AND INTENT: It is the goal of the city council for Andover to
become a more sustainable community by encouraging activities that conserve energy
and result in less /no pollution output such as alternative energy sources. In accordance
with that goal, the city finds that it is in the public interest to encourage alternative
energy systems that have a positive impact on energy production and conservation
while not having an adverse impact on the community. Therefore, the purposes of this
section include:
1. To promote rather than restrict development of alternative energy sources by
removing regulatory barriers and creating a clear regulatory path for approving
alternative energy systems.
2. To create a livable community where development incorporates sustainable design
elements such as resource and energy conservation and use of renewable energy.
3. To protect and enhance air quality, limit the effects of climate change and decrease
use of fossil fuels.
4. To encourage alternative energy development in locations where the technology is
viable and environmental, economic and social impacts can be mitigated.
9 -15 -2: DEFINITIONS: The following words, terms and phrases shall have the
following meanings when used in this chapter:
ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system such as
ground source heat pump, wind or solar energy system.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for which
the primary purpose is to capture sunlight and transform it into thermal, mechanical,
chemical, or electrical energy.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in the
r
form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for the collection, storage
and distribution of solar energy for space heating or cooling, electricity generation or
water heating.
SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is
to harvest energy by transferring solar energy into another form of energy or transferring
heat from a solar collector to another medium using mechanical, electrical, or chemical
means.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is
an integral part of a principal or accessory building, replacing or substituting for an
architectural or structural component of the building. Building integrated systems
include, but are not limited to, photovoltaic or hot water solar energy systems that are
contained within or substitute for roofing materials, windows, skylights, awnings and
shade devices.
SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar system
mounted directly to the ground using a rack or pole rather than being mounted on a
building.
SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat
without transforming it to another form of energy or transferring the energy via a heat
exchanger.
SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted
directly or abutting the roof of a principal or accessory building.
SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a
solar collector and a heat exchanger that heats or preheats water for building heating
systems or other hot water needs, including residential domestic hot water and hot
water for commercial processes.
9 -15 -3: ACCESSORY USE:
1) Ground mounted solar energy systems shall be allowed in the R -1, Single Family
Rural District as a permitted accessory use in accordance with the standards in
this section.
2) Roof mounted solar energy systems shall be allowed as a permitted accessory
use in all zoning districts in accordance with the standards in this section.
9 -15 -4: EXEMPTIONS: Passive or building integrated solar energy systems are
exempt from the requirements of this section and shall be regulated as any other
building element.
9 -15 -5: SYSTEM STANDARDS:
1) Electrical:
a) All utilities shall be installed underground except the electrical lines for roof
mounted units.
b) An exterior utility disconnect switch shall be installed at the electric meter
serving the property.
c) Solar energy systems shall be grounded to protect against natural lightning
strikes in conformance with the national electrical code as adopted by the city.
d) No solar energy system shall be interconnected with a local electrical utility
until the utility has reviewed and provided written approval for the
interconnection. The interconnection of the solar energy system with the utility
shall comply with the City Code and Minnesota State Building Code.
e) All solar energy systems shall meet the standards of the Minnesota State
Building Code.
2) Aesthetics: All solar energy systems shall be designed to blend into the
architecture of the building to the extent possible without negatively impacting the
performance of the system and to minimize glare towards vehicular traffic and
adjacent properties.
3) Glare: The panels of ground mounted solar energy systems shall be placed and
arranged such that reflected solar radiation or glare shall not be directed onto
adjacent buildings, properties or roadways. Prior to the issuance of a permit for a
ground mounted solar energy system, the permit applicant must provide an
analysis demonstrating that the ground mounted system will not impact
aesthetics of adjacent properties.
4) Location:
a) Roof mounting:
1) The solar energy system shall comply with the maximum height
requirements of the applicable zoning district. Roof mounted solar
collectors shall be flush mounted on pitched roofs unless the roof pitch is
determined to be inadequate for optimum performance of the solar energy
system in which case the pitch of the solar collector may exceed the pitch of
the roof up to 5% but in no case shall be higher than ten inches above the
roof. Solar collectors on flat roofs may be bracket mounted.
Commercial /Industrial collectors located on flat roofs shall be placed on the
roof to limit the visibility from public right -of -ways and residential properties
and meet the screening requirements of the City Code.
2) The solar energy system shall not extend beyond the perimeter of the
exterior walls of the building on which it is mounted.
b) Ground mounting:
1) The solar energy system shall only be located in the rear yard as defined
by this title.
2) The solar energy system shall be limited to a maximum area of four
hundred (400) square feet.
3) The solar energy system shall not exceed fifteen feet (15') in height.
4) All components of the solar energy system shall be set back a minimum
of ten feet (10') from interior side lot lines and rear lot lines.
5) Solar energy systems shall not encroach upon drainage and utility
easements.
5) Screening: Solar energy systems shall be screened in accordance with the
requirements of Section 12 -13 -5 of the City Code to the extent possible without
affecting their function.
6) Certification: The solar energy system shall be listed and labeled by an approved
third party testing agency such as Underwriters Laboratories, Inc., and comply
with the requirements of the Minnesota State Building Code.
7) Abandonment: If the solar energy system remains damaged, nonfunctional or
inoperative for a continuous period of one year, the system shall be deemed to
be abandoned and shall constitute a public nuisance. The owner shall remove
the abandoned system at their expense after a demolition permit has been
obtained. Removal includes the entire structure including transmission
equipment.
8) Building Permit: Permits as required by the Minnesota State Building Code shall
be obtained for any solar energy system prior to installation.
Andover Planning and Zoning Commission Workshop Meeting
Minutes —April 12, 2016
Page 2
1 Mr. Carlberg indicated that he would double -check on the law related to recreational
2 feeding of wild animals. Commissioner Koehler stated that if there is a State law out
3 feeding wild animals, he would like to see that removed from the City ordinanc , as there
4 are reasons not to reiterate State law. Commissioner Cleven stated that he b eved the
5 State law related specifically to deer.
6
7 Commissioner Sims inquired as to who would issue t/ticket.�&. gell stated that it
8 would be an Anoka C ounty Sheriff on behalf of the C9
10 Chairman Daninger asked for clarification regarding d turkeys. Mr.
11 Carlberg stated that the intent of the wording of the ow for the feeding
12 of smaller birds (e.g. chickadees, nuthatches).
13
14 Commissioner Cleven asked about how the noise 14el would be measured. Mr. Angell
15 stated that it would be up to the discretion of a ghbor or law enforcement as to whether
16 or not it is a nuisance and that there was no w of putting a decibel level in the
17 ordinance. Commissioner Koehler noted qdt that was addressed in the case of the Target
18 loading dock. Chairman Daninger state that the intent is that when the Sheriff goes out,
19 he can enforce it.
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Commissioner Koehler asked a ut larger animals like horses and if that was intended to
be addressed by th/atedthat Mr. Angell stated that large animals are handled
elsewhere in the C
Commissioner Simt the circumstance whereby a dog was barking in the
house. Mr. Angell covered under the dog code.
Chairman Dger recommended moving the ordinance forward to the Council for their
approval.
p(sioner Koehler asked for clarification regarding the cleaning of feces and if
ig more needed to be stated related to the cleaning up of feathers or the material in
the birds bed down. Mr. Carlberg stated that this is covered under Section A of the
DISCUSS SOLAR ENER GY SYSTEM REG ULA TIONS
39 Mr. Carlberg reviewed the revisions to the draft ordinance on solar energy systems based
40 on the discussion at the March 8, 2016, Planning and Zoning Commission meeting and
41 additional research by staff of other city's regulations. He noted that under the ordinance,
42 ground mounted solar energy systems would be allowed in an R -1 District as a permitted
43 accessory use and roof mounts would be allowed in all zoning districts. The ordinance
44 would state that no solar energy systems shall be interconnected with a local electrical
45 utility until the utility has reviewed and provided written approval for the interconnection
Andover Planning and Zoning Commission Workshop Meeting
Minutes —April 12, 2016
Page 3
1 and then it would need to comply with the City Code and the Minnesota state building
2 code. Another element of the ordinance would be that aesthetically, the system would
3 need to blend into the architecture of the building to the extent possible without
4 impacting the function of the system. The ordinance would also address glare to adjacent
5 buildings, properties and roadways. Panels would need to be the same pitch as the roof
6 or 5% or 10 inches above and cannot extend beyond the perimeter of the walls. As for
7 ground mounting systems, they would be limited to: the rear yard, 400 square feet in
8 size, 15 feet in height, have a setback of 10 feet, and require screening in accordance with
9 the City Code.
10
11 Commissioner Cleven asked for a change regarding the draft ordinance's requirement of
12 being labeled as approved by third party testing agencies, such as Underwriters
13 Laboratories, Inc. and suggested deleting "and to" after "comply," which would allow for
14 other reputable agencies. He stated his view that if a system was abandoned after 12
15 months, it would have to be taken down.
16
17 Mr. Carlberg stated that there was no time frame for enacting the ordinance. One request
18 for a system had been approved.
19
20 Commissioner Cleven suggested that where the ordinance states "all utilities shall be
21 installed underground," there should be an addition that clarifies that would be "for
22 ground- mounted systems."
23
24 Mr. Carlberg stated that the ordinance would apply to both flat and pitched roofs, as well
25 as both commercial and residential properties.
26
27 Commissioner Cleven expressed concerns related to pitch on a flat roof, as panels require
28 height. He stated that he questioned whether or not a 5% pitch would create enough of an
29 angle to be an effective system. Mr. Carlberg stated that he would look further to identify
30 what would be needed to allow for more sun exposure on flat roofs, siting Arbor Oaks as
31 an example of a building with a significant amount of equipment on the rooftop.
32
33 Commissioner Cleven stated his belief that more businesses would be looking at solar
34 energy to save on future energy costs.
35
36 Chairman Daninger encouraged the Commissioners to think about commercial buildings
37 having a football field sized roof. He stated his belief that businesses could have as many
38 panels as they want, as long as they were not visible. He did note the challenge of when
39 the road is higher than the building and so more of the roof is visible.
40
41 Commissioner Cleven noted that commercial buildings have large air handlers on the
42 roofs already and that solar panels would be set up in rows, so they would have to have
43 an angle to them to be effective.
44
Andover Planning and Zoning Commission Workshop Meeting
Minutes —April 12, 2016
Page 4
1 Commissioner Nemeth asked about regulations around battery storage related to solar
2 systems. Mr. Carlberg confirmed that no cities are saying anything about storage
3 batteries and that Fred Patch, Building Official, feels that the Code will provide the
4 appropriate guidelines.
5
6 Commissioner Nemeth inquired about required electrical inspections. Mr. Carlberg
7 responded that the City has its own inspector under contract who also works for the State.
8
9 Commissioner Nemeth asked for clarification regarding permits and the costs involved.
10 Mr. Carlberg confirmed that it would be based on a valuation.
11
12 Commissioner Cleven indicated that there have been a lot of fires especially when
13 installed by residents themselves. He stated that the inspector can share the Code with
14 residents that want to do the installation work themselves.
15
16 Commissioner Nemeth stated that he would personally like to send this up to the
17 Minnesota Department of Labor and Industry, because there is a desire to make sure the
18 topic is well covered in the ordinance. Mr. Carlberg responded that this is really the
19 City's jurisdiction.
20
21 Commissioner Hudson recommended the use of the word "appropriate," rather than
22 written approval. He also wondered how it would be determined if a solar system is
23 abandoned. Mr. Carlberg stated that it would likely come up if a neighbor called or
24 through an inspector.
25
26 Commissioner Koehler recommended something be added to the ordinance that addresses
27 how the damage needs to be repaired or removed if a system is inoperable.
28
29 Commissioner Cleven stated that if one panel is down, a system loses much more than
30 the percentage of energy that that one tile represents. He also noted the requirement to
31 meet with the utility.
32
33 Chairman Daninger expressed his belief that the solar system should be used for the
34 benefit of the onsite property, unless it is connected to the utility.
35
36 Commissioner Koehler noted that a solar system can be utilized for heat exchangers for
37 pools, and this would require a permit.
38
39 Chairperson Daninger recommended that the ordinance come back to another workshop
40 meeting and be reviewed again and allow more time for discussion.
41
42
43 OTHER BUSINESS
44
45 Mr. Carlberg updated the Planning Commission on related items.
LND A.
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: Stephanie L. Hanson, City Planner
SUBJECT: Zoning and Subdivision Code Changes
DATE: May 10, 2016
REQUEST
The Planning and Zoning Commission is requested to discuss proposed amendments to the
zoning and subdivision codes.
BACKGROUND
On April 5, 2016, City Council approved amendments to City Code Title 9 Building
Regulations. As part of the amendment process, there are minor amendments needed within the
zoning and subdivision codes to ensure consistency with Title 9. Also, there is a minor change to
Title 8 — 4 Parks and Recreation Areas. Attached are the proposed minor changes that will be
further discussed at the work session.
Attachment
Draft Code Amendments
Res ec Sub ii ed,
Steph e L. Hanson
PROPOSED ZONING CODE AMENDMENTS
12 -8 -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
Minnesota State Building Code, Minnesota State Fire Code, and all
provisions related to underground liquid storage systems required in
Section 12 -8 -2 of this code. (Amended Ord. 438, 6 -3 -14)
12 -13 -6: LANDSCAPING OF NONRESIDENTIAL PROPERTIES:
N. Surety. To ensure that landscaping and screening are installed as
proposed and survive through at least one full growing season, a
landscape performance surety may be required by the City and when
required must be submitted prior to issuance of building permits for new
development where a landscape plan is required. The surety may consist
of a bond, an irrevocable letter of credit, cash deposit or other instrument
that provides an equal performance guarantee to the City. (Amended Ord.
314 10 -4 -2005)
Chapter 12
RESIDENTIAL
PERMITTED, PERMITTED ACCESSORY, CONDMONAL, INTERIM AND PROHIBrrED USES
P- Permitted Use
R -1- Single Family -Rural
M -2- Multiple Dwelling
PA- Permitted Accessory Use
R -2- Single Family- Estate
C- Conditional User sEEFOOrrrorES
R -3- Single Family- Suburban
X Prohibited Use
R4- Single Family- Urban
PUD- Planned Unit Development
R -5- Manufactured Housing
I- Interim Use
M -1- Multiple Dwelling- Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted. Permitted Accessory. Conditional, Interim and Prohibited Use;_T
Zoning Diptricts
R -1
R -2
R -3
2 R-4 a
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
compliance with City Code 5-IA
C
C
C
C
C
C
C
Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance
with City Code 5 -1A
C
C
C
C
C
X
X
Domestic animals in compliance with City Code Title 5
PA
PA
PA
PA
PA
PA
PA
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 a maximum of
20 animals and definition under City Code 12 -2
P
P
P
X
X
X
X
Farm animals greater than allowed as a permitted use on residential properties
5 acres or greater in compliance with City Code Title 58 and definition under
City Code 12 -2
C
C
C
X
X
X
X
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
Pleasuretrecreation animals on residential properties at least 2.5 acres in size
in compliance with City Code Title 5 and definition under City Code 12 -2
PA
PA
PA
PA
X
X
X
Poultry on residential properties with neither municipal sewer or water in
compliance with City Code Title 5 and definition under City Code 12 -2
p
p
p
X
X
X
X
Dwellings
Accessory Dwelling Unit (ADU)
C
Manufactured homes and modular homes, provided they are developed under
a planned unit development and the complex is a minimum of twenty (20)
acres in size
X
X
X
X
PUD
X
X
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
X
X
PUD
PUD
Two - family home conversions (splits) in compliance with City Code 12 -8 -1
X
X I
X I
X
X
C
C
Home Occuoations
Home occupations within principal structure in compliance with City Code
12 -9
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
with City Code 12 -9
C
C
C
C
C
C
C
Barbershops and beauty salons
C
C
C
C
C
C
C
Bed and breakfast
C
C
C
C
C
X
X
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
X
X
X
X
Daycare Centers- Home Occupation (12 or fewer children)
P
P
P I
P
P
P
P
Daycare Centers -Home Occupation (13 or more children) I C I C I C I C I C I C I C
P- Permitted Use
R -1- Single Family -Rural
M -2- Multiple Dwelling
PA- Permitted Accessory Use
R -2- Single Family- Estate
C- Conditional Use' SFEFOOTNOrES
R -3- Single Family- Suburban
X Prohibited Use
R -4- Single Family- Urban
PUD- Planned Unit Development
R -5- Manufactured Housing
I- Interim Use
M -1- Multiple Dwelling- Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted. Permitted Accessory. Conditional. Interim and Prohibited Uses
a nktrieft
R -1
I R -2
R -3 Z
R4 3
R -5
M -1
M -2
Daycare Facility -Group Family
P
P
P
P
P
P
P
Farm Wineries (subject to City Code 12 -9 -12)
C
C
C
X
X
X
X
Group Homes as regulated by State Statute
P
P
P
P
P
P
P
Office in compliance 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
K -12 Schools
P
P
P
P
P
X
X
Post - secondary 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)
I
I
I
I
I
I
I
Subordinate Classroom Structures (when located on a property where there is
a church as the principal use)
I
I
I
I
I
I
I
ili
Private utilities (gas, electric, phone, cable, etc) in Complaince with City
Code 8 -2
P
P
P
P
P
P
P
Private utility structures and/or uses (electrical transmission lines, gas
pipelines, etc.)
C
C
C
C
C
C
C
Public utility uses for local services
P
P
P
P
P
P
P
Other
Agricultural uses - rural outside MUSA boundary 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 12 -8 -5
C
X
X
X
X
X
X
Campgrounds, 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
X
X
Clubs and lodges
C
C
C
C
C
C
C
Crafts and antique businesses in buildings designated as historical sites by a
countv. state or nationally recognized historical organization
X
X
X
X
X
X
C
Garages and Accessory Structures in compliance with City Code 12 -6
PA
PA
PA
PA
PA
PA
PA
Golf courses and driving ranges
C
C
C
C
C
C
C
Highway construction materials (temporary processing and storage)
I
I
I
I
I
I
I
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
C
C
X
X
X
X
Solar Energy Systems (¢round mounted)
C
X
X
X
X
X
X
Solar Energy Systems roof mounted
PA
PA
PA
PA
PA
PA
PA
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
(Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002: Ord. 8000000,8-5-2002; Ord.8000QQQ, 10 -I -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; Amd. Ord. 436,4-15-14
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.
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 Loading berths prohibited in the LB district.
6 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.
7 See subsection 13 -24 of this code for permitted, conditional, and prohibited uses in the AgP district.
8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -4 -4.
9 Sec 12 -2 -2 for definitions of "Continuous Operation and Non - continuous Operation ". (Amended Ord. 421, 10 -2 -12)
10 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)
Chapter 12
COMNIERCIALMgDUSTRIAL
PERNDTTED, PERMTn ED ACCESSORY, CONDITIONAL, Pa ERIM AND PROMBTI'ED USES?
P- Permitted Use
GR- General Recreation
PA-PernittedAccessoryUse
LB- LimitedBusmess
C- Conditional UseiswFoumom
NB- NeighbodtoodBusmess
X- Prohibited Use
SC- ShopPngCenter
PUD- PlaonedUmtDevelopment
G& C=eral Busum
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 -4
X
X
C 6
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 Compliance with City Code 3 -8
X
X
X
X
C
C
Vehicle sales (used) in Compliance with City Code 3 -8
X
X
X
X
C
C
,Liquor
Liquor licenses in compliance 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
Campgrounds, gun clubs and ranges, archery ranges, racetracks
C
X
X
X
X
X
Christmas tree sales
X
I
I
I
I
I
Commercial recreation, indoors
P
P
P
P
P
P
Commercial recreation outdoors
C
C
C
C
C
C
Commercial riding stables
C
I X
X
X
X
X
Crematorium in compliance with definition under City Code 12 -2
X
X
X
X
C
C
Daycare centers (Commercial)
X
P
P
P
P
P
Daycare centers (dro in)
X
PA IPA
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
X
X
C
C
C
C
Lumberyard
X
X
X
X
X
C
Medical and dental clinics
X
P
P
P
P
P
Medical clinic - 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
P
P
P
Rental businesses (Equipment)
X
X
I
I
P
P
R air services as defined in City Code 12 -2
X
P
P
P
P
P
Resorts
C
X
X
X
X
X
Restaurants/cafes
P
C I
P
P
P
P
Restaurant with live entertainment
X
X I
X
C
C
X
Retail trade and services
X
C I
P
P
P
C
Secondhand goods dealers as defined in Title 3, Chapter 4 of this code
X
X
X
C
C
C
Theaters (Indoors)
X
X
X
P
P
P
Theaters (Outdoors)
C
X
X
X
X
X
Veterinary clinics (no outside pens or animal storage)
X
C
C
C
P
P
Chapter 12
COMMERCIAL/INDUSTRIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES?
P- Permitted Use
GR-GeneralRecteation
PA-PeanittedAwessoryUse
LB- Limited Business
C- Conditional UsersEeFmniNow
NB•NeighborhoodBusmess
X- Prohibited Use
SC- Shopping Center
PUD- PlaanedUmtDevelopment
GB- General Busmess
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
Schools
K -12
X
X
X
X
X
X
Post - Secondary Schools
C
C
C
C
C
C
Schools exceeding height maximum up to 45 feet in height
X
C
C
C
C
C
Storage
Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in
compliance with City Code 12 -8 -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
I
Mini storage (indoor storage only)
X
X
X
X
C I
C
Outdoor display, storage, and sales
X
X
C
C
C
C
Outdoor display, storage, and sales- during operating hours only
X
X
C
C
C
C
Tires - Exterior storage of waste tires
X
X
X
X
X
X
Tires - Interior storage of more than eight (8) waste tires
X
C
C
C
C
C
Toxic waste storage
X
X
X
X
X
X
Utilities
Private utilities (gas, electric, phone, cable, etc) in Complaince with City
Code 8 -2
P
P
P
P
P
P
Private utility structures and/or uses (electrical transmission lines, gas
pipelines, etc.)
C
C
C
C
C
C
Public utility uses for local service
P
P
P
P
P
P
Other
Any incidental repair, processing, and storage necessary to conduct a
permitted commercial or industrial principal use but not to exceed thirty
percent (30 1/o) 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 9 & 10)
X
X
P
P
xto
xto
Excavation (Mining) greater than 400 cubic yards when no building permit
has been issued in compliance with City Code 12 -16
I
I
I
I
I
I
Golf courses and driving ranges
C
X
X
X
X
X
Group Homes as regulated by State Statute
X
X
X
X
X
X
Junkyards
X
X
X
X
X
X
Land Reclamation in compliance with City Code 12 -16
1
I
I
I
I
1
Landfills
X
X
X
X
X
X
Manufacturing
X
X
X
X
P
P
Marinas
C
X
X
X
X
X
Offices
X
P
P
P
P
P
(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; Amd. Ord. 436, 4- 15 -14)
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 Loading berths prohibited in the LB district.
6After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or
larger.
7 See subsection 13 -2 -4 of this code for permitted, conditional, and prohibited uses in the AgP district.
8Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -4 -4.
9 Sec 12 -2 -2 for definitions of "Continuous Operation and Non - continuous Operation ". (Amended Ord. 421, 10 -2 -12)
10 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)
11 See subsection 12 -9 -2 of this code for permitted home occupations.
Publicly owned and operated property except as herein amended
P
P
P
P
P
P
Research laboratories
X
X
X
X
P
P
Solar Energy Systems (ground mounted
X
X
X
X
X
X
Solar Enerev Systems (roof mountedll
PA,
PA,
PA,
PA,
PA
PA,
Swimming pools and recreation areas or structures
Uses which may be detrimental to the health, safety, and welfare of persons
residing or worldng in the vicinity
X
X
X
X
X
X
Wholesale businesses
X
X
X
X
P
P
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
(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; Amd. Ord. 436, 4- 15 -14)
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 Loading berths prohibited in the LB district.
6After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or
larger.
7 See subsection 13 -2 -4 of this code for permitted, conditional, and prohibited uses in the AgP district.
8Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -4 -4.
9 Sec 12 -2 -2 for definitions of "Continuous Operation and Non - continuous Operation ". (Amended Ord. 421, 10 -2 -12)
10 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)
11 See subsection 12 -9 -2 of this code for permitted home occupations.
PROPOSED SUBDIVISION AMENDMENTS
11 -2 -3: FINAL PLAT:
C. Recording Final Plat: Following approval of the final plat by the Council, the
Clerk shall promptly notify the subdivider of said approval, and within thirty (30)
days one (1) year thereafter, the final plat shall be recorded with the County
Recorder. The subdivider shall forthwith furnish the City with a receipt from the
County showing evidence of the recording of the final plat. The subdivider shall
submit a digital copy of the final plat to the City Engineer. Failure of the
subdivider to comply with the requirement of recording shall be cause for
rescission of approval. (Amended 9/18/07, Ord. 355)
11 -4 -8: STREET IMPROVEMENT STANDARDS:
A. With Municipal Sanitary Sewer And /Or Water:
1. Grading: The full width of the right of way of each street shall be graded,
including the sub -grade of the areas to be paved, in accordance with the
standards and specifications which have been approved by the City Council.
(Amended 9/18/07, Ord. 355)
2. Paving: All streets shall be paved with concrete or bituminous surfacing in
accordance with the standards and specifications that have been approved by
the City Council. (Amended 9/18/07, Ord. 355)
3. Erosion Control: The portion of the right -of -way between the street and the
property line shall receive a minimum of four inches (4 ") of approved topsoil and
shall be sodded or a cash escrow provided prior to issuance of a certificate of
occupancy by the city. (Amended 9/18/07, Ord. 355)
4. Curb And Gutter: Concrete curb and gutter shall be installed on both sides of
the paved surface of all streets. (Amended 9/18/07, Ord. 355)
B. Without Municipal Sanitary Sewer And /Or Water:
1. Grading: The full width of the right -of -way of each street shall be graded,
including the sub - grade, in accordance with the standards and specifications
which have been approved by the City Council. (Amended 9/18/07, Ord. 355)
2. Paving: All streets shall be paved with concrete or bituminous surfacing in
accordance with the standards and specifications that have been approved by
the City Council. (Amended 9/18/07, Ord. 355)
3. Erosion Control: The portion of the right -of -way between the street and the
property line shall receive a minimum of four inches (4 ") of approved topsoil and
shall be sodded or seeded with the appropriate seed mixture and application
rate, mulched, and the mulch disc anchored as required in the city standards.
(Amended 9/18/07, Ord. 355)
See also sections 9 -1 -5, 9 -10 -3 and 11 -3 -3N of this code.
CHAPTER 4
PARKS AND RECREATION AREAS
SECTION:
8 -4 -1: Regulations
8 -4 -2: Violations; Penalties
8 -4 -1: REGULATIONS: The use and occupancy of all city parks, recreation
areas, and open space owned, rented and /or leased by and located in the city shall be
subject to the following regulations (Amended Ord. 399, 9- 7 -10):
M. Protection Of Trees: It shall be unlawful to remove, cut or otherwise deface
any tree or ground cover without consent from the Commission and written
approval by the City Administrator permissieR from the City G!eFk