HomeMy WebLinkAboutOrd. 463 - AmendmentCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 463
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN
AS FOLLOWS:
CITY CODE TITLE 8: PUBLIC WAYS AND PROPERTY
CHAPTER 4: PARKS AND RECREATION AREAS
SECTION 8 -4 -1: REGULATIONS
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 peFFniGSiGR f•^^• '"e Gity
Clerk,
CITY CODE TITLE 9: BUILDING REGULATIONS
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 aoal of the citv 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 regulator/ 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 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 energv 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,
C5i
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 energV 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 energV 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 maV 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 CitV 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.
CITY CODE TITLE 11: SUBDIVISION REGULATIONS
CHAPTER 2: SUBDIVISION PLATS AND PROCEDURES
SECTION
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
thirFy 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)
& Private DFiveways: All private e,.,.,.,s PFE)viding ..,.ems
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)
4 n ' • n ' shall he hard c rFo.. d from +he o+ree ++e the
PFE)peFty line-
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 2: RULES AND DEFINITIONS
SECTION
12- 2 -2 DEFINITIONS: The following words and terms, whenever they occur in
this title, are defined as follows:
ACCESSORY DWELLING UNIT (ADU): A subordinate habitable dwelling unit,
which has its own basic requirements of shelter, heating cooking, and sanitation,
accessory to a single - family dwelling (hereinafter principal dwelling unit).
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.
TEMPORARY FAMILY HEALTH CARE FACILITY: A mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally
and physically impaired person.
CHAPTER 4: GENERAL ZONING PROVISIONS
SECTION:
12 -4 -6: CERTAIN DWELLING UNITS:
A. Certain Structures As Dwelling Units Prohibited: No cellar, garage, tent,
travel trailer, basement with unfinished structure above, or accessory
building shall at any time be used as a dwelling unit.
B. Manufactured Homes Required To Be In Parks: Manufactured homes
shall be located in a manufactured home park approved by the city and
the state, except as otherwise permitted by ordinance 3. (Amended Ord. 8,
10 -21 -1970)
C. Temporary Family Health Care Dwellings: Pursuant to authority granted
by Minnesota Statutes, Section 462.3593, subdivision 9, the City of
Andover opts -out of the requirements of Minn. Stat.462.3593, which
defines and regulates Temporary Family Health Care Dwellings.
CHAPTER 8: REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
SECTION:
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'^ +emat'^^^' Building Cede
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)
SECTION
12 -8 -5: ACCESSORY DWELLING UNIT (ADU)
A. Purpose. The purpose of this subdivision is to permit and regulate an
accessory dwelling unit (ADU). An ADU maV be located accessory to a
single- family dwelling in the R -1 Single Family Rural zoning district only
housing will have less impact on neighboring properties. Because this
use will be located in established one - family residential districts (single
family home neighborhoods) the installation and use of an accessory
dwelling unit must be strictly controlled to avoid adverse physical, social,
economic environmental and aesthetic impacts. By allowing only those
accessory dwelling units that are in compliance with all of the
performance standards of this subdivision the character and quality of
existing neighborhoods will be protected.
B. Performance standards. No property within a single - family residential
district shall have more than one dwelling unit except an ADU may be
permitted as a conditional use to a single family dwelling when all of the
following requirements are met:
The primary residence must be located on a lot within an R -1, Single
Family Rural zoning district.
2. The property owner must reside in either the primary residence or the
ADU as their permanent residence according to state law.
An ADU may not be subdivided or otherwise segregated in ownership
from the primary residence structure.
4. An ADU's total floor area shall be no more than 900 square feet and not
less than 400 square feet.
The ADU shall be separated a minimum of twenty feet (20') from the
Primary residence.
The ADU shall meet the setback requirements for an accessory
structure as specified in the City Code.
An ADU shall be designed and maintained as to be consistent with the
architectural design style appearance and character of the primary
residence as a single - family residence. An ADU shall not extend
beyond the height of the primary residence.
8. Two off - street parking spaces shall be required for the ADU, in addition
to the off - street parking spaces required for the primary residence. An
additional garage may be constructed, provided it complies with all
state and city regulations.
9. No more than one ADU shall be permitted on a lot or parcel.
10. An ADU shall have a permanent foundation. Houses on wheels or
trailers shall be prohibited.
11. An ADU shall be constructed and maintained in accordance with all
state laws, state building, plumbing electrical, mechanical, and fire
code regulations and City Code requirements.
12. The primary residence and ADU shall be constructed and maintained
in compliance with the property maintenance regulations set forth in the
City Code.
13. Rental of the accessory dwelling unit, or rental of the principal dwelling
unit if the property owner resides in the accessory dwelling unit, shall
require a CitV rental license pursuant to the City Code.
It is unlawful for a propertV owner to construct or allow occupancy within an
ADU that does not comply with all of the foregoing requirements.
CHAPTER 12 PERMITTED, CONDITIONAL, AND PROHIBITED USES
ENUMERATED
SECTION:
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)
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 this 21St day of June, 2016.
ATTEST:.,
Michelle Hartner, City Clerk
CITY OF ANDOVER
Juli Trude, Mayor
SECTION: 12 -12 PERMITTED, CONDITIONAL, AND PROHIBITED USES
ENUMERATED
Chapter 12
RESIDENTIAL
PERMITTED, PERMTITED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES?
P- Permitted Use
R -1- Single Family -Rural
M -2- Multiple Dwelling
PA- Permitted Accessory Use
R -2- Single Family- Estate
C- Conditional Use Ssr FOM(YrEs
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 -I- Multiple Dwelling- Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted, Permitted Accesso". Conditional, Interim and Prohibited Uses
Zon*nv Distracts
R -1
R -2
R -3
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 54A
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 5' 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
Pleasure /recreation 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
weM c
Accessory Dwelling Unit (ADUI
C
X
X
X
X
X
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
Temporary Family Health Care Facilitv
X
X
X
X
X
X
X
Two - family home conversions (splits) in compliance with City Code 12 -8 -1
X
X
X
X
X
C
C
Home OcceQations
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
P- Permitted Use
Cabinet making/wood working (home occupation) in compliance with City
Code 12 -9
C
PA- Permitted Accessory Use
X
X
X
X
R- 3- Single Family- Suburban
Commercial greenhouse
C
ki
R -4- Single Family- Urban
X
X
X
X
Daycare Centers- Home Occupation (12 or fewer children)
P
M -1- Multiple Dwelling- Low
Density
P
P
P
P
Ztoii.� nktricts
Daycare Centers -Home Occupation (13 or more children)
C
R -1
R -2
C
C
C
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' 1UFOmrw`r88
R- 3- Single Family- Suburban
X- Prohibited Use
R -4- Single Family- Urban
PUD- Planned Unit Development
R -S- 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 Acces�o�. Conditional. Interim and Prohibited Uses
Ztoii.� nktricts
R -1
R -2
R -3'
R -43
R -5
M -I
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
i tilitiec
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
ether
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
county, 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 (ground mounted) subiect to City Code 9 -15
A
X
X
X
X
X
X
Solar Energy Systems (roof mounted) subiect to Citv Code 9 -15
PA
PA
PA
PA
PA
PA
PA
Swimming pools and recreation areas or structures
PA
PA
PA
PA
PA
PA
PA
C
Uses which may be detrimental to the health, safety, and welfare of persons
X
X
X
X
X
X
X
residing or working in the vicinity
Wind Energy Conversion Systems (WECS) -as defined in and in compliance
C
C
C
C
C
C
C
with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site.
(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; Amid. 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 -61) of this title.
2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private
system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of
record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter
and shall be so designated.
3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer
and water is not available. (Amended Ord. 314, 10 -4 -2005)
4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise
approved as part of a
Planned Unit Development.
5 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 -2 -4 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
COMMERCIAL/INDUSTRIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES?
P- Pennited Use
GR- General Recreation
PA- Permitted Accessory Use
LB- Limited Business
C- Conditional Useiseetnorn
NB- Neighborhood Business
X- ProlubitedUse
SC- Shopping Center
PUD Planned Unit Development
GB- General Business
I- Interim Use
1- hrdustrial
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
C6
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
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 (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
X
X
C
C
C
C
Lumberyard
X
X
X
X
I 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 3 -4
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
Repair services as defined in City Code 12 -2
X
P
P
P
P
P
Resorts
C
X1
X
X
X
X
Restaurants /cafes
P
C
P
P
P
P
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 (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
Other
Solar Energy Systems (ground mounted)
X
I X
I X
X
I X
I X
Solar Energy Systems (roof mounted)
PA
I PA
I PA
PA
PA
PA
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 463 SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 8 PUBLIC WAYS AND PROPERTY SECTION 8 -4-
1: CITY CODE, TITLE 9, CHAPTER 15 ESTABLISHING SOLAR ENERGY SYSTEMS
REGULATIONS: TITLE 11 SUBDIVISION REGULATIONS SECTION 11 -2 -3 FINAL PLAT, SECTION
11 -4 -8 STREET IMPROVEMENT STANDARDS: TITLE 12 ZONING REGULATIONS SECTION 12 -2 -2
DEFINITIONS, SECTION 12 -4 -6 CERTAIN DWELLING UNITS, SECTION 12 -8 -4 AUTOMOBILE
SERVICE STATION, SECTION 12 -8 -5 ESTABLISHING ACCESSORY DWELLING UNIT
REGULATIONS, SECTION 12 -12 PERMITTED, CONDITIONAL, AND PROHIBITED USES, AND
SECTION 12 -13 -6 LANDSCAPING OF NONRESIDENTIAL PROPERTIES.
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. The proposed
amendments to City Code Title 9 establishes regulations for Solar Energy Systems and Title 12 establishes
regulations for Accessory Dwelling Units in the City of Andover.
GENERAL PROVISIONS AND
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 21st day of June, 2016.
ATTEST: CITY OF ANDOVER
Mich Ile Hartner, Deputy City Clerk li Trude, Mayor