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HomeMy WebLinkAboutOrd. 480 - Amendment Title 12CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 480 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATION CHAPTER 2 RULES AND DEFINITIONS SECTION 12-2-2 DEFINITIONS RELIGIOUS INSTITUTION CHURCH; A building, together with its accessory buildings and uses where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Sign, Institutional: A sign and/or reader board that identifies the name and other characteristics of an institutional use located within designated zoning districts and allowed by this title. "Institutional signs" shall contain no advertisement. (Examples: sharshes religious institutions, schools, sanitariums, hospitals, government buildings and nursing homes). Sign, Residential Identification: A sign identifying a resident (including address and profession, occupation or home occupation), school, eharsh religious institutions, or other non -business use. SUBORDINATE CLASSROOM STRUCTURES: Those structures erected upon a lot containing a school or eharsh religious institution structure as the principal use, for the purposes of either classroom instruction or office use associated with the principal use, and which meet all state code requirements. (Ord. 374; 12-2-08) CHAPTER 5 SETBACK REQUIREMENTS SECTION 12-5-3: SETBACKS ADJACENT TO RESIDENTIAL AREAS: A. Business Districts: Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be thirty-five feet (36). B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy-five feet (75'). (Amended Ord. 8, 10-21-1970) C. The required setback of structures used for sharehes religious institutions, schools, multiple and similar uses shall be at least equal to the height of the structure or as required by City Code 12-3-5, whichever is greater. (Amended Ord. 314 10-4-05) D. Crematorium: A structure containing a crematorium shall be set back a minimum of 300 feet from any residential property line and shall also be required to meet the minimum setback requirements of City Code12-3-5 CHAPTER 13 PERFORMANCE STANDARDS SECTION 12-13-8 OFF STREET PARKING REQUIREMENTS 5. Calculating Space: a. When determining the number of off street parking spaces, fractional results of one-half (1/2) or more shall constitute another space. b. In stadiums, sports arenas, GhUFGhes religious institutions and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty two inches (22") of such seating facilities shall be counted as one seat for the purpose of determining requirements. c. On a structure containing two (2) or more types of use, each use shall be calculated separately to determine the total number of off street parking spaces required, except as provided for under joint parking and shopping centers. 8. Lighting: IESNA EXTERIOR LIGHTING GUIDELINES b. For the purposes of interpreting IESNA standards, land use categories shall be interpreted by the Community Development Director. c. Any lighting used to illuminate the off street parking area shall be fully shielded with a total cutoff angle equal to or less than ninety degrees (90'). G. Number Of Spaces Required: The following minimum number of off street parking stalls shall be provided and maintained by ownership for the respective uses hereinafter set forth: General Parking And Pedestrian Vehicle Use Area Only Land Use Minimum Minimum Foot- Uniform Foot- Uniform Average Candles Ratio Average Candles Ratio High Major league athletic events 3.6 0.9 4:1 2.0 0.67 3:1 Major cultural or civic events Regional shopping centers (300,000 square feet or greater) Fast food facilities Medium Community shopping centers 2.4 0.6 4:1 1.0 0.33 3:1 (5,000 —299,999 square feet) Cultural, civic, or recreational events Office parks Hospital parking Transportation parking (airports, commuter lots, etc) Residential complex parking Low Neighborhood shopping 0.8 0.2 4:1 0.5 0.13 4:1 (under 5,000 square feet) Industrial employee parking Educational facility parking Church religious institution parking b. For the purposes of interpreting IESNA standards, land use categories shall be interpreted by the Community Development Director. c. Any lighting used to illuminate the off street parking area shall be fully shielded with a total cutoff angle equal to or less than ninety degrees (90'). G. Number Of Spaces Required: The following minimum number of off street parking stalls shall be provided and maintained by ownership for the respective uses hereinafter set forth: Type of Use Church, Religious Institution, theater, auditorium Parking Spaces Required 1 space for each 3 seats of the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this title School, high school through college At least 1 space for each 7 students and private and day or church religious based on maximum design capacity, institution schools plus 1 additional space for each 3 classrooms 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 20th day of March, 2018. CITY OF ANDOVER ATTEST: - Michelle Hartner, City Clerk uli Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 480 SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 12 ZONING REGULATIONS: SECTION 12-2-2 DEFINITIONS, SECTION 12-5-3 SETBACKS ADJACENT TO RESIDENTIAL AREAS, SECTION 12-12 PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES, AND SECTION 12-13-8 OFF STREET PARKING REQUIREMENTS 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 12, replaces "Church" with "Religious Institution" throughout Title 12 and allows Religious Institutions within the Shopping Center and General Business zoning districts. 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 201' day of March 2018. ATTEST: i C Micl elle Harmer, Deputy City Clerk CITY OF ANDOVER lie rude, Mayor I I Davcare Centers -Home Occupation (13 or more children) I C I C I C I C I C I C I C I P -Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling PA- Permitted Accessory Use R-2- Single Family- Estate C_ Conditional Use IIFoomorFs R-3- Single Family- Suburban X -Prohibited Use R4- Single Family- Urban PUD- Planned Unit Development R-5- Manufactured Housing 1 -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 Accesizorv. Comfitional. Interim and Prohibited Uses R-1 R-2 R-3' nistri�m R-4 a R-5 M -t 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 massae services) as regulated by chapter 9 of this title and title 3, chapter 6 C C C C C C C &hoots 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 1 I I 1 Subordinate Classroom Structures (when located on a property where there is aehnFsh reli ious institution as the principal use I I 1 I I I I [ tilitiec Private utilities (gas, electric, phone, cable, etc) in Compliance 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. en clubs and ranges, zrchen rmacs, racetracks C X X X X X X Cemeteries C C C C C C C ��.e_hes Reli ious Institution 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 coumv. state or national) --;—A historical or anization X X X X X X C Garages and Accessory Structures in com liance with Cit Code 12-6 PA PA PA PA PA PA PA Golf courses and driving ranges C C C C C C Highway construction materials (temporary processingand storage) I I I I I I Marinas C C C C C C Public) owned and o erated property exce t as herein amended P P P P P P Resorts C C C X X X JPA Solar Ener Systems (ground mounted subject to Cit Code 9-15 PA X X X X X Solar Ener Systems (roof mounted) subject to Cit Code 9 -IS PA PA PA PA PA PA Swimmin ools and recreation areas or structures PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X X Daycare Centers- Home Occupation 12 or fewer children P P P P P P P I Ji Da care Centers -Home Occupation 13 or more children C C li C C C C C P- Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling PA- Permitted Accesso Use R-2- Single Family- Estate C -Conditional Use[ SPEreolNOM R -3 -Single Family -Suburban X- Prohibited Use R4- Single Family- Urban PUD- Planned Unit Development R -S- Manufactured Housing -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- Permitt d Aecessorv- Conditional- Interim and Prohibited Uses R -I R-2 Z..i.. R-3' nkt'i't� R-4 a R-5 M -I M-2 Da care 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 massae services) as regulated by chapter 9 of this title and title 3, chapter 6 C C C C C C C a S"Qb 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 1 I I I Subordinate Classroom Structures (when located on a property where there is a ehumhreli ious institution as the principal use I I I I I I 1 U Private utilities (gas, electric, phone, cable, etc) in Compliance 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 bounds 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, n clubs and ranges, archery ranges, racetracks C X X X X X X Cemeteries C C C C C C C OmFohes-Religious Institution 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 or anization X X X X X X C Garages and Ac essory 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 rocessin and storage) I I I I 1 I 1 Marinas C C C C C C C Public) owned and operated roe except as herein amended P P P P P P P Resorts C C C X X X X Solar Ener Systems (ground mounted subject to Ci Code 9-15 PA X X X X X X Solar Ener Systems roof mounted subject to Ci Code 9-15 PA PA PA PA PA PA PA Swimmingpools 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 residingor workingin the vicinity X X X X X X X Wind Energy Conversion Systems (WECS)-as defined in and in compliance I C I C I C I C I C with Title 9. Chanter 13 of this code. WECS are Drohibited 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; Amd. Ord. 436, 4-15-14; Arad. 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 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 -Permitted Use GR -General Razeaum PA-PemuttedA Use LB -Limited Business C -Conditional UselsrEFomNmF3 NB -Neighborhood Business X -Prohibited Use SC- Shopping Center PUD-PlannedUnnDevelo ent GB- General Business 1-hrterim Use I -Industrial If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited PFFE 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 4 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 Cam grounds, 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 X C Medical and dental clinics X P P P P P Medical clinic — continuousoperation 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 X X1 X1 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 X1 X X X X Veterinary clinics (no outside pens or animal storage X cl C C P P Other Solar Energy Systems(ground mounted X I X&iw Solar Ener S stems roof mounted PA PA Chapter 12 COMMERCIALANDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESv P- Permitted Use GR- General Recreation RA Permitted Accessory Use LB- Limited Business C- Conditional User set:.mornorrs NB -Neighborhood Business X-Probibited Use SC- Shopping Center PUD- Planned Unit Development GB -General Busncss I -Interim Use I- industrial If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It 1s 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 1 1 I I I I Mini storage (indoor storage only) X X X X C C Outdoor display, storage, and sales X X C C C C Outdoor dis la , 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 Compliance 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 I P I 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%) of the Boor 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 6hxrebes Reli nous Institution X CX X C XC X Clubs and lodges X X X X P X Continuous operation of a business (footnote 9 & 10) X X P P x10 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 1 1 1 I 1 Landfills X X X X X X Manufacturing X X X X P P Marinas CX X X X X Offices X1 P51 P P P P Publicly owned and operated property except as herein amended P P P P P P Research laboratories X X X X P P Swimming pools and recreation areas or structures PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons X X X X X X residing or working in the vicinity Wholesale businesses X X X X P P Wind Energy Conversion Systems (WECS)-as defined in and in compliance 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; Arad. 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 12-15-613 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. 817arm 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 1 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.