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HomeMy WebLinkAboutOrd. 516 - Title 12 AmendmentCITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 516 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS FOLLOWS: AN AMENDMENT TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 12: RESIDENTIAL PERMITTED, PERMITTED ACCESSORY CONDITIONAL, INTERIM AND PROHIBITED USES. 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 RR Single Family Rural Reserve C- Conditional Use sraroomom R-3-Single Family -Suburban X- Prohibited Use R-4- Single Family- Urban PUD- Planned Unit Development R-5- Manufactured Housing I- Interim Use M-1- Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted- Permitted Accessn". Condotional. Interim And Prohibited Uses Zonino Districts RR R-1 R-2 R-3 2 R-4 3 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 P P P P P P P Office in compliance with City Code 12-9 C 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 P C C C C C C C Schools K-12 Schools P P P P P P X X Post -secondary Schools PA C 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 I I I I I I I Subordinate Classroom Structures (when located on a property where there is a religious institution as the principal use P I I I I I I I iI rlrtt s 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 utilityuses for local services P P P P P P P P Other- Oth Agricultural uses- mral outside MUSA bound only) P P P P X X I X X Agricultural uses- urban P 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 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 Carrogrounds. gun clubs and ranges, archery ranges, racetracks C C X X X X X X Cemeteries P C C C C C C C Daycare centers within legally conforming religious institutions and schools. PA PA PA PA PA PA PA PA Daycare centers within subordinate classroom structures. X X X X X X X X Religious Institution 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 county, state or nationally reco ized historical or anization X X X X X X X C Gara es and Accessory Structures in compliance with City Code 12-6 PA PA PA PA PA I PA I PA PA Golf courses and driving ranges C C C C C C C C Highway construction materials (temporary rocessin and storage) I I I I I 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 SolarEnergy Systems and 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 PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residinp or working in the vicinity X X X X X X X X Wind Energy Conversion Systems (WECS)-as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. C C C C C C C 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-I8-11; Amd. Ord. 436, 4-15-14; Amd. Ord. 463, 6-21-16; Amd. Ord. 468, 6-6-17; Amd. Ord. 480, 3-20-18) 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 Farn 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) 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 16th day of March 2021. ATTEST: Mich Ile Hartner, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.516 SUMMARY AN AMENDMENT TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 12: RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES 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 the Ordinance is to protect the public health, safety, morals and welfare of residents of the City of Andover. The Ordinance amends City Code 12-12 in order to list daycare centers as a permitted accessory use with legally conforming religious institutions and schools. The amendment also clarifies that daycare centers shall not be located in subordinate classroom structures. 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 61h day of April 2021. ATTEST: / p CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Sheri Bu ila, Ma