HomeMy WebLinkAboutOrd. 468 - Amendment Title 12 Zoning MapCITY OF ANDOVER
COUNTY OF ANOKA
t,1lf_IMOTMNAlI,0910M-1i�
ORDINANCE NO. 468
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12 ZONING REGULATIONS
CHAPTER
ZONING DISTRICTS AND MAP
1-446910101
12-3-1:
Purpose Of Zoning Districts
12-3-2:
Zoning Districts Established
12-3-3:
Purpose Of Each District
12-3-4:
Zoning District Map
12-3-5:
Minimum District Provisions
12-3-2: ZONING DISTRICTS ESTABLISHED: For the purpose of this title, the
city is hereby divided into the following zoning districts:
Symbol Name
RR
Single Family Rural Reserve
R-1
Single Family Rural Residential
R-2
Single Family Residential Estate
R-3
Single Family Suburban Residential
R-4
Single Family Urban Residential
R-5 Manufactured Housing
M-1 Multiple Dwelling Medium Density
M-2 Multiple Dwelling
AgP
Agricultural Preserve
GR
General Recreation
LB
Limited Business
NB
Neighborhood Business
SC Shopping Center
GB General Business
Industrial
CLR Closed Landfill Restricted
12-3-3: PURPOSE OF EACH DISTRICT:
A. RR Single Family Rural Reserve: Rural Reserve District is approximately one
thousand acres in size to accommodate future urban growth beyond the
Previously planned Municipal Urban Service Area. This area is designated as an
area of which is restricted from urban development until a master plan has been
approved and municipal sewer and water can be constructed to serve the area.
The city prohibits lot splits and subdivisions of less than one parcel per ten acres
to prevent this area from rural residential development that would preclude
orderly MUSA expansion. However, there are opportunities to allow for rural
reserve lot splits of 5 acres minimum in situations which ensure that the majority
of the residual land be preserved for future economical urban development as
long as the provisions of the city codes are met. The intent of the ordinance is
to allow subdivision of land while preserving residual land for future economical
urban development.
R-1 Single Family Rural Residential:
1. This district is intended to provide a residential atmosphere for those persons
desiring to retain a large parcel of land. Such large lots are logical in areas where
development into smaller lots would be difficult, or where public utilities will not
be available in the foreseeable future. Furthermore, larger houses are more
costly and require larger lots. Thus, to provide an area to accommodate those
persons with the financial means to erect a large house, it is necessary to have
an area of large lots.
2. Land which is wooded, or which has a changing topography, and low land
which tends to be poor agriculturally is also the most expensive to develop for
residential sites and, after development, the sites tend to be expensive to
maintain. Such areas are the most interesting and most susceptible to large lot
development. The district also is intended to preserve productive land for
agricultural use. (Amended Ord. 314, 10-4-05)
B. R-2 Single Family Residential Estate: This district is intended to provide a
residential atmosphere for those persons desiring a single-family neighborhood
with a suburban density. Lots in this district created after 1978 and without City
sewer and water must be at least 2.5 acres. This zoning district was used for
rural residential developments prior to 1978. No existing properties may be
rezoned to R-2. (Amended Ord. 8, 10-21-1970; amd. 2003 Code, Amended Ord.
314 10-4-2005)
C. R-3 Single Family Suburban Residential: This particular district is intended to
satisfy those persons who prefer a medium sized lot. Lots in this district created
after 1978 and without City sewer and water must be at least 2.5 acres. This
zoning district was used for rural residential developments created before 1978.
No existing properties may be rezoned to R-3. (Amended Ord. 314 10-4-2005)
D. R-4 Single Family Urban Residential: This district represents urban density use
by single-family detached dwellings. (Amended Ord. 314 10-4-2005)
E. R-5 Manufactured Housing District: This district would permit all types of
manufactured housing including manufactured homes and modular houses,
provided public sewer and water is provided. (Amended Ord. 8, 10-21-1970)
F. M-1 Multiple Dwelling Medium Density: This district is intended to provide a
location for medium density attached dwelling units (townhouses) with private
entrances. These areas may be transitional, however, the townhouse resident
should have convenient access to all facilities provided for single-family
neighborhoods. This district's location shall provide sufficient space for buffering
from less intense uses. (Amended Ord. 8, 10-21-1970; amd. 2003 Code,
Amended Ord. 314 10-4-2005)
G. M-2 Multiple Dwelling District: This district is intended to provide a location for all
types of multiple dwellings. This district's location shall have convenient access
to all facilities provided for neighborhoods, open space, and buffering from less
intense uses. Access to an M-2 district shall be from a collector or arterial
roadway. (Amended Ord. 314 10-4-2005)
H. GR General Recreation District: This district is intended to provide a location for
all types of commercial recreation uses such as golf driving ranges, outdoor
theaters, racetracks, and snowmobile areas, most of which require large
amounts of land and good separation from residential areas. This district's
location shall provide sufficient space for buffering from less intense uses.
(Amended Ord. 314 10-4-2005)
LB Limited Business District: This district is suitable only for commercial uses of
a limited (less intense) nature. This may be due to the close proximity of
residential uses. The LB district can be used as a transitional district or buffer
between non -compatible uses such as intense commercial (GB) and low density
residential uses. (Amended Ord. 314 10-4-2005)
NB Neighborhood Business District: This district is used for retail sales and
services in such scale as to serve the surrounding neighborhood needs.
Locations for Neighborhood Business districts are typically small plots in close
proximity to or surrounded by residential areas. NB zoning districts do not
require frontage on an arterial roadway and can be served by local and collector
streets. However, this district shall not be served exclusively by local streets.
This district's location shall provide sufficient space for buffering from less
intense uses. (Amended Ord. 314 10-4-2005)
K. SC Shopping Center District: This zoning classification is reserved for modern
retail shopping facilities of integrated design in appropriate locations. Locations
for the SC district are larger plots that can accommodate more intensive retail
development. Access shall be available from arterial roadways. This district's
location shall provide sufficient space for buffering from less intense uses.
(Amended Ord. 314 10-4-2005)
L. GB General Business District: These are areas containing a wide variety of
business uses including retail, service and semi -industrial. As such, they may
contain businesses that tend to serve other business and industry as well as
those catering to shopper needs.
M. I Industrial District: These are areas that have the prerequisites for industrial
development, but because of proximity to residential areas or the need to protect
certain areas or uses from adverse influences, high development standards will
be necessary. I district uses include service industries and industries which
manufacture, fabricate, assemble or store, where the process is not likely to
create offensive noise, vibrations, dust, heat, smoke, odor, glare or other
objectionable influences. Generally, those include wholesale, service and light
industries that are dependent upon raw materials refined elsewhere. An industrial
"park" which maintains high development standards would be zoned 1. This
district's location shall provide sufficient space for buffering from less intense
uses. (Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005)
N. CLR Closed Landfill Restricted: This district is intended to apply to former
landfills and adjacent lands which are managed under the Closed Landfill
Program of the Minnesota Pollution Control Agency (MPCA). The purpose of the
district is to limit uses of land both actively filled and related lands, to minimal
uses in order to protect the land from human activity where response action
systems are in place. This district shall only apply to the former landfill and
pertinent adjacent lands (the limits of which are defined by the MPCA). This
district shall apply whether the landfill is in public (State, MPCA, County, City,
Township), Indian tribal, or private owners.
12.3.5: MINIMIM DISTRICT PROVISIONS
RR
R-1
R-2
R-3
R-4
R-51
M-1
M-2
AgP
GR
LB
NB
SC
GB
Lot area per dwelling unit
(square feet)
1 -family homes
5 to 10
acres
2.5
acres
2.5
acres
2.5
acres
11,400
5,500
1 -family homes (lots
created before 10117/78)
1 acre
20,000
Single-family twin homes
6,000
5,000
Single-family attached
6,000
5,000
Apartments (lot area per
unit in square feet)
1 -bedroom units
4,000
2 -bedroom units
5,000
Floor area per dwelling unit
(square feet) See floor
area definition for two story
homes
1 -family homes
960
960
1,200
960
960
960
960
Single-family twin homes
960
960
Single-family attached
960
960
1 -bedroom apartment units
700
Each additional apartment
bedroom (plus)
150
Lot dimensions
RR
R-1
R-2
R-3
R-4
R-51
M-1
M-2
AgP
GR
LB
NB
SC
GB
I
Lot width -front setback line
(feet)
300
300
300
300
80
150
150
300
120
100
150
200
100
100
Lot width (lots created
before 10/17178)
165
100
Lot width (feet)
1,320
Lot depth (feet)
150
150
150
150
130
150
150
135
135
150
150
150
150
Minimum garage size
440
440
440
440
440
220+1
220+1
220+1
440
(square feet)
prk spc
prk spc
prk spc
Lot dimensions
RR
R-1
R-2
R-3
R-4
R-51
M-1
M-2
AgP
GR
LB
NB
SC
GB
I
(continued)
Nonresidential lot area
10
5 acres
1 acre
20,000
20,000
20,000
20,000
40
20,000
20,000
22,500
30,000
20,000
24,000
(acres or square feet)
acres
sf
sf
sf
sf
acres
sf
sf
sf
sf
sf
sf
Minimum district size
2 acres
5 acres
Principal structure height
35
35
35
35
35
35
35
35
35
35
45
45
45
(maximum) subject to City
Code 12-3-5 13.6
Land coverage (maximum
20
20
20
30
30
20
30
30
Up to 40
Up to 40
Up to 40
Up to 40
Up to 50
percent of structures)
Building setbacks?
RR
R-1
R-2
R-3
R-4
R-54
M-1
M-2
AgP
GR
LB
NB
SC
GB
I
Any yard setback from
50
50
50
50
40
50
50
50
50
50
50
50
50
50
county road subject to City
Code 12-5-47
Front yard setback (feet)
40
40
40
35
352
30
40
40
40
40
40
40
40
Side yard principal
10
10
10
10
10
20
30
10
104
104
104
104
104
structure setback from
interior lot linea
Side yard setback from
40
40
40
35
355
30
30
40
30
30
30
30
30
30
property line adjacent to
street
Attached residential
6
garage (over 20 feet wide)
from interior lot line
Rear yard setback
50
50
50
30
30
30
30
30
25
25
25
25
25
Rear yard setback for any
40
40
40
35
35
residential structure from
prop. line adjacent to street
Notes: 1. Allowed by Planned Unit Development only.
2. Unless existing structures would indicate a lesser setback to maintain uniformity.
3. An additional 5 -foot setback shall be added when plans forthe principal structure accommodate an access for a deck.
4. See Section 12-5-3 of this title for setback adjacent to residential areas.
5. 25 feet if it is a back-to-back lot.
6. See City Code 12-13 for exceptions allowed as a Conditional Use
7. See also City Code 12-5-4 when less than minimum required right-of-way exists
All setback measurements are from property lines.
(Ord. 273, 9-2-2003; amd. Ord. 274, 9-2-2003; amd. Ord. 314,10-4-2005; Ord. 403,12-21-10; Amended Ord. 423,10-16-12)
FENCES AND WALLS
12-7-3: FENCE HEIGHT:
A. In the rear and side yards up to the front fagade of the principal structure,
fences up to a height of six (6) feet are allowed. (Amended Ord. 386,
8/5/09)
B. Fences located closer to the front property line than the principal structure,
shall not exceed four (4) feet in height. In the RR Single -Family Rural
Reserve, R-1 Single -Family Rural Residential and R-2 Single -Family
Estate zoning districts, 'ornamental fences", as defined in Section 12-2-2
of this title, of up to six (6) feet in height are permitted in all yards,
provided the fence does not encroach upon the Clear View Triangle as
defined in Section 12-2-2 of this code. (Amended Ord. 386, 8/5/09)
CHAPTER 9
HOME OCCUPATIONS
12-9-12: FARM WINERIES: The following provisions shall apply to all farm
wineries that are considered home occupations under the Conditional Use Permit
process:
Farm wineries which shall be allowed on 2 '/z acre or larger parcels in the RR, R-
1, R-2 and R-3 Zoning Districts.
Chapter 12
RESIDENTIAL
PERMITTED, PERMITTED 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
RRSinpJcFmily Rural Reserve
C -Conditional Use' SE FOOL OTFS R-3 Single Family- Suburban
X -Prohibited Use RA 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
RR
R-1 R-2 R-3 I R-4 a
R-5 M-1 M-2
.AIIlmali
Animal Therapy Facility -on properties larger than five acres in size
C
C
C
C
X
X
X
X
Commercial animal training (2.5 acre minimum residential lot size)
C
C
C
C
X
X
X
X
Commercial riding stables
C
C
X
X
X
X
X
X
Dog kennel license - Private (2.5 acre minimum lot size required) in
compliance with City Code 54A
C
C
C
C
C
C
C
C
Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance
with City Code 5 -IA
C
C
C
C
C
C
X
X
Domestic animals in compliance with City Code Title 5
PA
PA
PA
PA
PA
PA
PA
PA
Farts 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
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 5s and definition under
City Code 12-2
C
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
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
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
P
X
X
X
X
waib s
Accessory Dwelling Unit (ADU)
C
C
X
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
X
PUD
X
X
Multiple dwellings
X
X
X
X
X
X
PUD
PUD
Relocated dwelling units in compliance with City Code 9-11
C
C
C
C
C
C
C
C
Single-family residential buildings (detached)
P
P
P
P
P
PUD
PUD
PUD
Single-family residential buildings (attached) and townhouses
X
X
X
X
X
X
PUD
PUD
Temporary Family Health Care Facility
X
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
X
C
C
_Home Occtt ations
Home occupations within principal structure in compliance with City Code
12-9
PA
PPA
PA
PA
PA
PA
PA
P- Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling
Home occupations in accessory structure on a parcel of land three (3) acres or
C -Conditional Use] srs FOOTNOTES R -3 -Single Family -Suburban
X- Prohibited Use R4- Single Family- Urban
PUD- Planned Unit Development R-5- Manufactured Housing
IInterimUse M -I- Multiple Dwelling- Low
Density
larger utilizing an accessary structure and/or exterior storage in compliance
C
C C C
C
C C C
RR
with City Code 12-9
R-2
R-3'
R-43
R-5
M-1
Barbershops and beauty salons
C
C C C
C
C C C
P
Bed and breakfast
C
C C C
C
C X X
Boarders or roomers, up to two persons, by a resident family, with no private
PA
PA
C
C
X
cookingfacilities
X
P PA PA
PA
PA PA PA
C
Cabinet making/wood working (home occupation) in compliance with City
C
C X X
X
X X
P
Code 12-9
Office in compliance with City Code 12-9
C
X
PA
Commercial greenhouse
C
C C C
X
X X X
Daycaze Centers- Home Occupation (12 or fewer children)
C
P P P
P
P P P
C
Daycare Centers -Home Occupation (13 or more children)
P
C C C
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 RR Single Family Rural Reserve
C -Conditional Use] srs FOOTNOTES R -3 -Single Family -Suburban
X- Prohibited Use R4- Single Family- Urban
PUD- Planned Unit Development R-5- Manufactured Housing
IInterimUse M -I- Multiple Dwelling- Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted. Permitted Aceessorv. Cond't*onal- Interim and Prohibited Uses
Zrmi.� nktri,t�
RR
R -I
R-2
R-3'
R-43
R-5
M-1
M-2
Daycare Facility -Group Family
P
P
P
P
P
P
P
P
Farm Wineries (subject to City Code 12-9-12)
PA
PA
C
C
X
X
X
X
Group Homes as regulated by State Statute
C
C
P
P
P
P
P
P
Office in compliance with City Code 12-9
C
C
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, chapter6
P
P
C
C
C
C
C
C
Schools
K-12 Schools
P
P
P
P
P
P
X
X
Post -secondary Schools
PA
PA
C
C
C
C
X
X
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
C
C
C
C
Subordinate Classroom Structures (when located on a licensed Primary
and/or Secondary school property)
C
C
I
1
1
I
I
[
Subordinate Classroom Structures (when located on a property where there is
a church as the principal use)
P
P
I
I
I
I
I
f
UIIIIf o
Private utilities (gas, electric, phone, cable, etc) in Compliance with City
Code 8-2
P
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
C
Public utility uses for local services
P
P
P
P
P
P
P
P
Other
Agricultural uses- rural (outside MUSA boundary only)
P
P
P
P
X
X
X
X
Agricultural uses- urban
P
P
P
P
P
P
PP
Antennas in excess of thirty-five feet (35') in height in compliance with City
Code 9-12
C
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
C
Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in
compliance with City Code 12-8-5
C
C
X
X
X
X
X
X
Campgrounds, gun clubs and ranges, archery ranges, racetracks
C
C
X
X
X
X
X
X
Cemeteries
P
P
C
C
C
C
C
C
Churches
C
C
C
C
C
C
X
X
Clubs and lodges
C
C
C
C
C
C
C
C
Crafts and antique businesses in buildings designated as historical sites by a
coumv. state or nationally recognized historical organization
X
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
PA
Golf courses and driving ranges
C
C
C
C
C
C
C
C
Highway construction materials (temporary processing and storage)
I
I
I
1
1
I
I
I
Marinas
C
C
C
C
C
C
C
C
Publicly owned and operated property except as herein amended
P
P
P
P
P
P
P
P
Resorts
C
C
C
C
X
X
X
X
Solar Energy Systems (ground mounted) subject to City Code 9-15
PA
PA
X
X
X
X
X
X
Solar Energy Systems (roof mounted) subject to City Code 9-15
PA
PA
PA
PA
PA
PA
PA
PA
Swimming pools and recreation areas or structures
PA
PA
PA
PA I
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
XX
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 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 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-I1; Amd. Ord.
436, 4-15-14; Amd. Ord. 463, 6-21-16
I 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 Boor 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 124-4.
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)
CHAPTER13
PERFORMANCE STANDARDS
12-13-21: RESIDENTIAL BUILDING STANDARDS: All permitted residential
structures in RR R-1, R-2, R-3, and R-4 zoning districts shall meet the following
design criteria:
A. All structures shall have permanent concrete or treated wood foundations
that will anchor the structure, which comply with the State Building Code
as adopted in Section 9-1-1 of this code and which are solid for the
complete circumference of the house. Except, four -season porches may
be constructed without the permanent foundation, provided the porch does
not exceed a maximum coverage of twenty percent (20%) of the footprint
of the habitable portion of the principal structure.
B. Sixty percent (60%) of a residential structure shall have a minimum width
of twenty-four feet (24'). Width measurements shall not take into account
overhangs or other projections. Such width requirement shall be in
addition to the minimum area per dwelling requirements of Section 12-3-5
of this title.
C. Single-family dwellings other than approved earth sheltered homes shall
have at least a 4:12 roof pitch and shall be covered with shingles or tiles.
This requirement shall not apply to three -season porches, four -season
porches, greenhouses and solariums, provided they meet the State
Building Code and are approved by the Building Official.
D. All single-family dwellings shall have roof overhangs that extend a
minimum of one foot (1') from all the walls of the structure unless the
style of the house dictates otherwise and said plan is approved by the
Building Official prior to any permits being granted.
E. All single-family structures must be built in conformance with Minnesota
statutes sections 327.31 to 327.35 or the State Building Code as
adopted in Section 9-1-1 of this code.
F. Any metal siding upon single-family residential structures shall have
I See also title 9, chapter 1 of this code.
horizontal edges and overlapping sections no wider than twelve inches
(12"). Sheet metal siding shall not be permitted in such districts.
G. All exterior construction, including finish and the final grading, shall be
completed in accordance with plans and specifications within one year
following date of permit issuance. All existing buildings not meeting the
provisions of this title shall comply within one year following adoption of
this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code)
TITLE 13
PLANNING AND DEVELOPMENT
Subject
Chapter
Splitting Lots, Parcels Or Tracts Of Land Generally. 1A
Splitting Lots. Parcels Or Tracts Of Land Within
Rural Reserve.................................................1 B
Agricultural Preservation............................................2
Planned Unit Development (PUD) .............................3
Shoreland Management.............................................4
Bluffland And Riverland Development .......................5
Buffer Strips And Standards For Protection
Of Wetlands And Storm Water Ponds.......................6
CHAPTER 1A
SPLITTING LOTS, PARCELS OR TRACTS OF LAND GENERALLY
SECTION
13-1A -1:
Definition
13-1A
-2:
Minimum Lot Requirements
13-1A
-3:
Frequency Of Splitting Lots
13-1A
-4:
Application For Lot Split
13-1A
-5:
Fees
13-1A
-6:
Review And Recommendations
13-1A
-7:
Variances
13-1A
-8:
Compliance With Provisions
13-1A
-9:
Application And Term Of Provisions; Conflicts
13-1A
-10:
Enforcement And Penalty
13-1A-1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of
land into not more than two (2) parcels when both divided parcels meet or
exceed the minimum requirements for platted lots in the applicable zoning
district. (Amended Ord. 40, 8-16-1977)
13-1A-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land
shall be divided unless the resultant lots have at least the minimum width, depth
and square footage as required for any parcel of land in the zoning district
wherein the lot is located. (Amended Ord. 40, 8-16-1977)
13-1A-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this
method of land division on any parcel more than one time in any three (3) year
period. A three (3) year waiting period for a lot split is required on all lots, parcels
or tracts from the date they were created by previous lot splits under this chapter.
(Amended Ord. 40, 8-16-1977)
A. Exceptions. A lot split may be applied for within the three (3) year waiting
period provided the following conditions are met:
1. The property owner has owned the property for more than five years.
2. A one year waiting period shall be required between splits.
3. A maximum of three lots shall be created including the original lot.
4. City infrastructure and utilities such as sanitary sewer, storm sewer,
water main and streets are in place.
5. Grading, drainage and erosion control plans shall be prepared that
properly address how drainage will be handled on the site as well as
the affect on adjacent properties to the satisfaction of the City.
(Amended 431, 10-15-13)
13-1A-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the
following information:
A. The scale and north direction.
B. Dimensions of the property.
C. Names and locations of adjacent streets.
D. Location of existing buildings on and within one hundred feet (100') of
subject property.
E. Current zoning and legal description.
F. Sufficient proof that the lot has not been split within the last three (3)
years.
G. A list of the nrepehv ewners %vithin throe h nd d fife feet (350') f the lat
#G. Such other information as may be required to fully represent the
intent of the lot split. (Amended Ord. 40, 8-16-1977)
13-1A-5: FEES:
A. There shall be a single charge as set forth by ordinance plus
consultant's fees, if any, for a lot split application'.
B. Where parkland was dedicated or a park fee paid at the time the original
parcel was created, there shall be no park fee assessed or land
dedicated at the time of the lot split application. If no park fees have
been assessed nor land dedicated as above, the fee, as set forth by
ordinance for each lot created under this chapter, may be assessed for
park fees2. (Amended Ord. 40, 8-16-1977; amd. 2003 Code)
13-1A-6: REVIEW AND RECOMMENDATIONS:
A. Planning And Zoning Commission Review: The proposed lot split shall first
be presented to the Planning and Zoning Commission for its review and
recommendation. Such recommendations shall consider land uses, traffic
control, zoning regulation, future developments, and conformance with the
' See subsection 1-7-3H of this code.
2 See subsection 1-7-3G of this code.
comprehensive development plan, and any other criteria deemed pertinent
by the Planning and Zoning Commission. (Amended Ord. 40, 8-16-1977)
B. Notice To Adjacent Property Owners: Upon receipt of an application for a
lot split, the Community Development Director shall notify by mail all
property owners within three hundred fifty feet (350') of the property of the
date of the review of such lot split. (Amended Ord. 40, 8-16-1977; amd.
2003 Code)
C. Planning And Zoning Commission Recommendation To City Council: The
division of a lot may be recommended for approval; provided that such
split is in conformance with the City Comprehensive Plan, does not
interfere with orderly planning, is not contrary to the public interest and
does not nullify the intent of this chapter.
D. City Council Action:
1. Following review and recommendation by the Planning and Zoning
Commission, the request for a lot split shall be placed on the agenda of
the City Council in the following manner:
a. Recommendations from the Planning and Zoning Commission
meeting held on the second Tuesday shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
b. Recommendations from the Planning and Zoning Commission
meeting held on the fourth Tuesday shall be placed on the agenda
of the City Council at the third Tuesday meeting of the following
month, unless there are five (5) Tuesdays in the given month from
which the recommendation of the Planning and Zoning Commission
is made, in which case, the recommendation shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
2. Within sixty (60) days following receipt of the proposed lot split from the
Planning and Zoning Commission, the Council shall approve or
disapprove by resolution. If approved, a certified copy of the resolution
approving the lot split shall be forwarded to the petitioner.
E. Record Of Lot Split: The lot split, together with a certified copy of
the resolution, shall thereafter be filed with the County Recorder's
office.
F. Time Limit On Implementing Lot Split: If the City Council determines that
the conditions of approval are not met within twelve (12) months, the lot
split will be null and void. (Amended Ord. 40, 8-16-1977)
13-1A-7: VARIANCES: Variances from the requirements of this title, Title
11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted
by the City Council as provided in City Code 12-14-7, except that any variance
request shall be made as a part of the lot split approval process. (Amended Ord.
407, 6-21-11)
13-1A-8: COMPLIANCE WITH PROVISIONS:
A. The effect of this chapter shall not work to preclude compliance with
utilities hookup, payment of levied and pending assessments, and
performance of any other requirements of the ordinances of the city.
B. The owner, or agent of owner, of any parcel shall not divide any lot or
parcel for the purpose of sale, transfer, or lease with the intent of evading
the provisions of this chapter.
C. The owner, or agent of owner, of any parcel shall not sell or otherwise
convey said parcel with the intent of evading the provisions of this chapter
or circumventing attempts to plat acreage or otherwise subdivide tracts of
land within the city. (Amended Ord. 40, 8-16-1977)
13-1A-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS:
A. This chapter shall apply to and govern the entire city during the period for
which it is in effect. This chapter, during its effective period, shall replace
and supersede provisions in all other ordinances and regulations
applicable to the city which are in conflict or inconsistent with the
provisions herein. All ordinances and provisions therein which are not in
conflict with the terms and conditions of this chapter shall continue in full
force and effect.
13-1A-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation
violating any of the provisions of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished as defined by state law. The lot
splitting not in accordance with the requirements of this chapter may be enforced
by mandamus, injunction, or any other appropriate remedy in any court of
-
- -
MMMMEM
MUM Is
- - -
.................
-
13-1A-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS:
A. This chapter shall apply to and govern the entire city during the period for
which it is in effect. This chapter, during its effective period, shall replace
and supersede provisions in all other ordinances and regulations
applicable to the city which are in conflict or inconsistent with the
provisions herein. All ordinances and provisions therein which are not in
conflict with the terms and conditions of this chapter shall continue in full
force and effect.
13-1A-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation
violating any of the provisions of this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished as defined by state law. The lot
splitting not in accordance with the requirements of this chapter may be enforced
by mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction. (Amended Ord. 40, 8-16-1977)
CHAPTER1B
SPLITTING LOTS, PARCELS OR TRACTS OF LAND WITHIN THE RURAL
RESERVE DISTRICT
13-11B-1:
Definition
13-1 B-2:
Minimum Lot Requirements
13-1 B-3:
Frequency Of Splitting Lots
13-1 B-4:
Application For Lot Split
13-1 B-5:
Fees
13-1 B-6:
Review And Recommendations
13-1B-7:
Variances
13-1 B-8:
Compliance With Provisions
13-1 B-9:
Application And Term Of Provisions; Conflicts
13-1 B-10:
Enforcement And Penalty
13-1 B-1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of
land into more than four (4) parcels when both divided parcels meet or exceed
the minimum requirements for platted lots in the applicable zoning district.
13-1 B-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land
shall be divided unless the resultant lots have at least the minimum width, depth
and square footage as required for any parcel of land in the zoning district
wherein the lot is located.
13-1 B-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this
method of land division on any parcel more than one time in any three (3) year
period. A three (3) year waiting period for a lot split is required on all lots, parcels
or tracts from the date they were created by previous lot splits under this chapter.
A. Exceptions. A lot split may be applied for within the three (3) year waiting
period provided the following conditions are met:
1. The property owner has owned the property for more than five years.
2. A one year waiting period shall be required between splits.
3. A maximum of three lots shall be created including the original lot.
4. City infrastructure and utilities such as sanitary sewer, storm sewer,
water main and streets are in place.
5. Grading, drainage and erosion control plans shall be prepared that
properly address how drainage will be handled on the site as well as
the affect on adjacent properties to the satisfaction of the City.
(Amended 431, 10-15-13)
13-1 B-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the
following information:
A. The scale and north direction.
B. Dimensions of the property.
C. Names and locations of adjacent streets.
D. Location of existing buildings on and within one hundred feet (100') of
subject property.
E. Current zoning and legal description.
F. Sufficient proof that the lot has not been split within the last three (3)
years.
G. Floodplain shall be identified if applicable within the lot(s) proposed to
have a home. An overlay may be used on the remnant parcel.
H. Existing topography shall be shown along with proposed grading of the
site (if necessary). Light Detection And Ranging (LIDAR) contour
information may be used for the remnant parcel.
Wetland delineation for the lot(s) that intend to have homes located on
them. National Wetland Information (NWI) is acceptable for the remnant
parcel.
J. When a lot split results in a lot less than 10 acres in size, the applicant
shall restrict future development of homes through a development
agreement until defined "triggers" are met such as: urban services are
available, rezoning of said parcel to a higher density, change in the
comprehensive plan to a zoning district that would allow higher density,
among other "triggers" as may be deemed appropriate by the City Council
on the remnant parcel.
K. Proof of sewerability for lots proposed to have home(s).
L. Geotechnical Report. A standard geotechnical report with a history and
recommendations regarding the sites. In addition, the report shall include
SCS soil types, mottled soil elevations or highest anticipated water table,
existing groundwater elevation, and soil borings to a minimum depth of 20
feet for the lots proposed to have homes on them.
M. Other information may be required to fully represent the intent of the lot
split.
13-1 B-5: FEES:
A. There shall be a single charge as set forth by ordinance plus
consultant's fees, if any, for a lot split application.
B. Where parkland was dedicated or a park fee paid at the time the original
parcel was created, there shall be no park fee assessed or land
dedicated at the time of the lot split application. If no park fees have
been assessed nor land dedicated as above, the fee, as set forth by
ordinance for each lot created under this chapter, may be assessed for
park feeS2.
13-1 B-6: REVIEW AND RECOMMENDATIONS:
A. If a parcel is greater than 35 acres and is described by the rectangular
survey system as a quarter, quarter section, at the time of adoption of this
ordinance then that quarter, quarter is eligible for 4 units.
B. A parcel greater than 35 acres and described by the rectangular survey
system as a quarter, quarter section, may be split into 4 equal parts and
shall not be required to restrict future development.
C. Splits that do not create parcels less than 10 acres in size, and do not
require public improvements (i.e. new roadways, construction of
roadways) shall not be required to a public hearing process, Planning
Commission Review, or City Council Review.
D. Andover Review Committee (ARC): All proposed lot splits shall first be
reviewed by ARC. The applicant shall make modifications based upon
ARC's comments and then resubmit for consideration at a Public Hearing
for Planning and Zoning. For splits that do not create parcels less than 10
acres in size, and do not require public improvements (i.e. new roadways,
construction of roadways) ARC shall provide approval or denial of said
splits.
E. Notice To Adjacent Property Owners: Upon receipt of a completed
application for a lot split, the Community Development Director shall notify
by mail all property owners within three hundred fifty feet (350') of the
property of the date of the public hearing at the Planning Commission of
such lot split.
' See subsection 1-7-3H of this code.
2 See subsection 1-7-3G of this code.
F. Planning And Zoning Commission Review: The Planning and Zoning
Commission for its review and recommendation shall conduct a public
hearing. Such recommendations shall consider land uses, traffic control,
zoning regulation, future developments, and conformance with the
comprehensive development plan, and any other criteria deemed pertinent
by the Planning and Zoning Commission.
D. Planning And Zoning Commission Recommendation To City Council: The
Planning Commission shall hold a public hearing and provide for a
recommendation to the City Council. The division of a lot may be
recommended for approval; provided that such split is in conformance with
the City Comprehensive Plan, does not interfere with orderly planning, is
not contrary to the public interest and does not nullify the intent of this
chapter.
E. City Council Action:
1. Following review and recommendation by the Planning and Zoning
Commission, the request for a lot split shall be placed on the agenda of
the City Council in the following manner:
a. Recommendations from the Planning and Zoning Commission
meeting held on the second Tuesday shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
b. Recommendations from the Planning and Zoning Commission
meeting held on the fourth Tuesday shall be placed on the agenda
of the City Council at the third Tuesday meeting of the following
month, unless there are five (5) Tuesdays in the given month from
which the recommendation of the Planning and Zoning Commission
is made, in which case, the recommendation shall be placed on the
agenda of the City Council at the first Tuesday meeting of the
following month.
2. Within sixty (60) days following receipt of the proposed lot split from the
Planning and Zoning Commission, the Council shall approve or
disapprove by resolution. If approved, a certified copy of the resolution
approving the lot split shall be forwarded to the petitioner.
F. Record Of Lot Split: The lot split, any deed restrictions required,
any easements required, together with a certified copy of the
resolution, shall thereafter be filed with the County Recorder's
office.
G. Time Limit On Implementing Lot Split: If the City Council determines that
the conditions of approval are not met within twelve (12) months, the lot
split will be null and void.
13-1 B-7: VARIANCES: Variances from the requirements of this title, Title 11:
Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City
Council as provided in City Code 12-14-7, except that any variance request shall be
made as a part of the lot split approval process.
13-1B-8: COMPLIANCE WITH PROVISIONS:
A. The effect of this chapter shall not work to preclude compliance with utilities
hookup, payment of levied and pending assessments, and performance of any
other requirements of the ordinances of the city.
B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for
the purpose of sale, transfer, or lease with the intent of evading the provisions of
this chapter.
C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey
said parcel with the intent of evading the provisions of this chapter or
circumventing attempts to plat acreage or otherwise subdivide tracts of land
within the city.
13-1 B-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS:
A. This chapter shall apply to and govern the entire city during the period for which it
is in effect. This chapter, during its effective period, shall replace and supersede
provisions in all other ordinances and regulations applicable to the city which are
in conflict or inconsistent with the provisions herein. All ordinances and
provisions therein which are not in conflict with the terms and conditions of this
chapter shall continue in full force and effect.
13-1 B-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation
violating any of the provisions of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished as defined by state law. The lot splitting not
in accordance with the requirements of this chapter may be enforced by mandamus,
injunction, or any other appropriate remedy in any court of competent jurisdiction.
All other Titles, Chapters and Sections of the City Code shall remain as written and
adopted by the Andover City Council.
The Zoning Ordinance will become valid once it is published in the City designated
newspaper and the correlating Comprehensive Plan Amendment is approved by the
Metropolitan Council.
Adopted by the City Council of the City of Andover this 6th day of June, 2017.
CITY OF ANDOVER
TET__:n
Mic elle Hartner, City Clerk J& Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 468 & 469 SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 12 ZONING REGULATIONS: 12-3 ZONING
DISTRICTS AND MAPS, SECTION 12-12 PERMITTED, PERMITTED ASSCESSORY,
CONDITIONAL, INTERIM AND PROHIBITED USES CITY CODE; TITLE 13 PLANNING AND
DEVELOPMENT: 13-1 SPLITTING LOTS, PARCELS OR TRACTS OF LAND
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 amendment
to City Code Title 12 establishes the RR — Rural Reserve Residential District and uses allowed within the
district; Title 13 establishes lot split provisions within the RR — Rural Reserve Residential District in the City
of Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 6th day of June, 2017.
ATTEST: CITY OF ANDOVER
MichUle Harmer, Deputy City Clerk J ie rude, Mayor