HomeMy WebLinkAboutOrd. 524 - Amendment Title 12CITY OF ANDOVER
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STATE OF MINNESOTA
ORDINANCE NO. 524
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS
FOLLOWS:
AN AMENDMENT TO CITY CODE TITLE 12: ZONING REGULATIONS,
CHAPTER 2: RULES AND DEFINITIONS, AND CHAPTER 12: RESIDENTIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND
PROHIBITED USES.
Amendment 1 — City Code 12-2-2: Definitions
RIGHT-OF-WAY: A strip of land acquired by dedication, reservation,
prescription or condemnation occupied or intended
to be occupied by a street, sidewalk, trail, snow
storage, traffic control signs and devices, utilities
and utility structures and drainage. (Amended Ord.
314, 10-4-2005)
ROOSTER: Rooster shall be defined as a male chicken.
SEMI -TRAILER: Any vehicle of the trailer type so designed and used in
conjunction with a truck tractor that a considerable
part of its own weight or that of its load rests upon and
is carried by the truck tractor and shall include a trailer
drawn by a truck tractor semi -trailer combination.
Amendment 2 — City Code 12-12: 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 Dwellin.-
PA- Permitted Accessory Use
R-2 Single Family- Estate
RR Single Family Rural Reserve
C-Conditional User stf romrvams
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 Ac,eqsorv_ Condotional- Interim and Prohibited Uses
1
Zoqmng 4trwets
RR I
R-I
R-2
R-3
I R-4 a R-5
M-1
M-2
Animals
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
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
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
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
Roosters on residential properties 5 acres or greater in size with neither
municipal sewer or water in compliance with City Code Title 5 and
definition under City Code 12-12
P
P
P
P
X
X
X
X
Dwellings
Accessory Dwelling Unit (ADU)
C
C
X
X
X
X
j 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 Occu ate inns
Home occupations within principal structure in compliance with City Code
12-9
PA
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
C
Barbershops and beauty salons
C
C
C
C
C
C
C
C
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
cookie facilities
PA
P
PA
PA
PA
PA
PA
PA
Cabinet making/wood working (home occupation) in compliance with City
Code 12-9
C
C
X
X
X
X
X
X
Commercial greenhouse
C
C
C
C
X
X
X
X
Daycare Centers- Home Occupation 12 or fewer children
C
P
P
P
P
P
P
P
Daycare Centers -Home Occupation (13 or more children) I P I C I C I C I C I C I 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] SEE Foomo'ns
R-3-Single Family -Suburban
X- Prohibited Use
R-4- Single Family- Urban
PUD- Planned Unit Development
R-S- Manufactured Homing
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 Accesso". Conditional, Interim and Proh*h'ted Uses
MOA�ft
RR
R-1
R-2
R-3 2
R4 a
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
1
1
1
1
I
Utilities
Private utilities (gas, electric, phone, cable, etc) in Complaince 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 bound only)
P
P
P
P
X
X
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
Campgrounds, gum clubs and ranges, archery ran es, racetracks
C
C
X
X
X
X
X
X
Cemeteries
P
C
C
C
C
C
C
C
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
countv. state or nationally recognized historical or anization
X
X
X
X
X
X
X
C
Garages and A =sory 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 (tiemporary processing(tempoand 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
Solar Energy Systems round 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
IPAIPAIPAI
PA
IPA
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
residingor workin 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. 811JJJ1, 7-I8-2002; 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; Arad. 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 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, I1-7-12)
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 21st day of September
2021.
ATTEST:- CITY F FDOVER:
Mic elle Hartner, City Clerk Sheri ukkila, o
CITY OF ANDOVER
COUNTY OFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 524 SUMMARY
AN AMENDMENT TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 2: RULES AND
DEFINITIONS, AND 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 12-2-2 to add a definition of a rooster and amends City Code
12-12 in order to clarify requirements for the keeping of roosters on residential properties.
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 2151 day of September 2021.
ATTEST: CITY OF AND ER
L�In�A
tM belle Harmer, City Clerk Sheri Bukk